Bill Text - HB1268 (2022)

Limiting the authority for city council bylaws and ordinances.


Revision: March 17, 2022, 3:22 p.m.

HB 1268 - AS AMENDED BY THE HOUSE

 

17Mar2022... 0680h

2022 SESSION

22-2170

10/05

 

HOUSE BILL 1268

 

AN ACT limiting the authority for city council bylaws and ordinances.

 

SPONSORS: Rep. Harvey-Bolia, Belk. 4; Rep. Abramson, Rock. 37; Rep. Potucek, Rock. 6; Rep. Renzullo, Hills. 37; Rep. Yakubovich, Merr. 24

 

COMMITTEE: Municipal and County Government

 

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AMENDED ANALYSIS

 

This bill limits the general authority of city councils to make bylaws and ordinances to the abatement of nuisances that interfere with the use or enjoyment of property..

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Mar2022... 0680h 22-2170

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT limiting the authority for city council bylaws and ordinances.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Powers of City Councils; Bylaws and Ordinances; Limitations Added.  Amend RSA 47:17, XV to read as follows:

XV. Miscellaneous. Relative to the grade of streets, and the grade and width of sidewalks; to the laying out and regulating public squares and walks, commons, and other public grounds, public lights, and lamps; to trees planted for shade, ornament, convenience, or use, and the fruit of the same; to trespasses committed on public buildings and other public property, and in private yards and gardens; in relation to cemeteries, public burial grounds, the burial of the dead, and the returning and keeping records thereof, and bills of mortality, and the duties of physicians, sextons and others in relation thereto; relative to public wells, cisterns, pumps, conduits, and reservoirs; the places of military parade and rendezvous, and the marching of military companies with music in the streets of the city; relative to precautions against fire; relative to oaths and bonds of city officers, and penalties upon those elected to such offices refusing to serve; and relative to licensing and regulating butchers, petty grocers, or hucksters, peddlers, hawkers, and common victualers; dealers in and keepers of shops for the purchase, sale or barter of junk, old metals or second-hand articles, and pawnbrokers; under such limitations and restrictions as to them shall appear necessary. They may make any other bylaws and regulations [which may seem for the well-being of the city] for the abatement of nuisances that interfere with the use or enjoyment of property; but no bylaw or ordinance shall be repugnant to the constitution or laws of the state; and such bylaws and ordinances shall take effect and be in force from the time therein limited without the sanction or confirmation of any other authority whatever.

2  Effective Date.  This act shall take effect 60 days after its passage.