reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:6 - Lien.

48-A:6 Lien. –
Whenever the public agency shall incur cost for the repair, alteration, improvement, vacating or closing, or for the removal or demolition of a dwelling, pursuant to an order of the superior court, the amount of such costs shall be a lien against the real property as to which such cost was incurred and such lien, including as part thereof upon allowance of his costs and necessary attorneys' fees, may be foreclosed upon order of the superior court made pursuant to a petition for that purpose filed in said court. Such lien shall be subordinate to mortgages of record made before the institution of proceedings under this chapter. Notice of said lien shall be filed with the register of deeds for the county in which the real estate is situated, and shall be recorded by him. If the dwelling is demolished by the public agency, he shall sell the materials of such dwelling and pay the proceeds of such sale over to the superior court, for distribution to such persons as the court shall find entitled thereto.
Source.
1959, 293:1 eff. Nov. 16, 1959.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:6-a - Lien for Unpaid Fines.

48-A:6-a Lien for Unpaid Fines. –
I. Whenever a court of competent jurisdiction enters a fine against a property owner for violation of a housing code enacted pursuant to this chapter or for violation of the minimum standards set forth in RSA 48-A:14, the amount of said fine shall be a lien against the real property, and such lien, including as part thereof costs and necessary attorneys fees may be foreclosed upon order of the superior court pursuant to a petition for that purpose filed in said court. Such lien may be filed after 45 days following the entry of the fine.
II. Notice of said lien shall be filed with the register of deeds for the county in which the real estate is situated, and shall be recorded by the registrar.
III. Such lien shall be subordinate to any mortgage, tax lien, or encumberance of record filed prior to the municipality's lien.
IV. If the lien authorized by paragraph I is not satisfied within 120 days of the recording of the judgment in the registry of deeds in which the property is located, it may be foreclosed upon in accordance with the process in RSA 48-A:6.
Source.
2010, 203:1, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:7 - Standards for Public Agency.

48-A:7 Standards for Public Agency. –
An ordinance, code or bylaw adopted by a municipality pursuant hereto shall provide that the public agency may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are unusually, abnormally, or unreasonably dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of such municipality. Such conditions may include the following: Defects which increase beyond normal the hazards of fire, accident, or other calamities; lack of reasonable adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, dangerous structural defects; uncleanliness; over-crowding; inadequate ingress and egress; inadequate drainage; or any violation of other health, fire or safety regulations.
Source.
1959, 293:1, eff. Nov. 16, 1959.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:8 - Additional Provisions of Ordinances, Codes, or Bylaws.

48-A:8 Additional Provisions of Ordinances, Codes, or Bylaws. –
An ordinance, code or bylaw adopted by the governing body of the municipality may authorize the public agency and its delegated officers to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, provided that such powers shall not be used to impose any additional restrictions on dwellings used as a vacation rental or short-term rental. Such powers shall include the following powers in addition to others herein granted:
I. To investigate the dwelling conditions in the municipality in order to determine which dwellings therein are unfit for human habitation;
II. To administer affirmations, examine witnesses and receive evidence;
III. To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an administrative inspection warrant under RSA 595-B for this purpose from a court of competent jurisdiction in the event entry is denied or resisted;
IV. To appoint and fix the duties of such officers, agents and employees as deemed necessary to carry out the purposes of such ordinance, code or bylaw;
V. To delegate any of its functions under such ordinance to such officers as it may designate; and
VI. To establish penalties for violations of such ordinance, code, or bylaw, which shall be in addition to any other remedies provided under this chapter. The penalty for any separate offense shall not exceed the maximum penalty permitted under RSA 47:17, and may be enforced pursuant to the procedure established in RSA 31:39-c, RSA 31:39-d, or both, subject to the provisions and limitations thereof, or in any other manner authorized by law. For purposes of any fines imposed hereunder, each day that a violation of the ordinance, code, or bylaw continues shall be considered a separate offense.
Source.
1959, 293:1. 1991, 231:2. 2009, 270:5, eff. Jan. 1, 2010. 2017, 249:8, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:9 - No Abrogation of Other Powers of Municipalities.

48-A:9 No Abrogation of Other Powers of Municipalities. –
Nothing herein shall be construed to abrogate or impair the powers of the courts or of any governing body, city council, or department of any municipality to enforce any provisions of its charter or its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
Source.
1959, 293:1, eff. Nov. 16, 1959.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:10 - No Abrogation of Powers of Municipalities as to Nuisances.

48-A:10 No Abrogation of Powers of Municipalities as to Nuisances. –
Nothing in this chapter shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
Source.
1959, 293:1, eff. Nov. 16, 1959.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:11 - Minimum Standards; Barring the Use or Occupancy; Violations and Punishment.

48-A:11 Minimum Standards;  Barring the Use or Occupancy;  Violations and Punishment. –
Any municipality may (by ordinance adopted by its governing body):
I. Prescribe minimum standards for the use and occupancy of dwellings throughout the municipality;
II. Prevent the use or occupancy of any dwelling which is injurious to the public health, safety, or welfare.
III. Enact, in the sections of their housing codes dealing with infestations of insects, provisions directed at the unique problems posed by infestations of bed bugs, provided that such provisions are no less protective of the residents of dwelling units in which bed bug infestations are found than are the provisions dealing with infestations of other kinds of insects.
Source.
1959, 293:1, eff. Nov. 16, 1959. 2013, 48:3, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:12 - Exceptions.

48-A:12 Exceptions. –
An ordinance, code or bylaw adopted pursuant to the authority of this chapter may provide that any dwelling, building or structure situated within an historic district that is established under RSA 31:89-b, or within such other classes of dwellings, building or structure as the governing body shall determine to have special significance to the public interest and shall expressly define in such ordinance, code or bylaw, may be approved by the board of aldermen as a special exception, after public hearing, and the provisions of such ordinance, code or bylaw may be waived in their application to such dwelling, building or structure, in whole or in part or otherwise so modified as the housing board of appeals may determine.
Source.
1959, 293:1. 1965, 341:3, eff. Aug. 7, 1965.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:13 - Conflicting Provisions.

48-A:13 Conflicting Provisions. –
Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, that provision which imposes the higher standard shall govern.
Source.
1965, 341:4, eff. Aug. 7, 1965.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:14 - Minimum Standards Established.

48-A:14 Minimum Standards Established. –
No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which:
I. The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and eradication program;
I-a. The premises are infested by bed bugs and the landlord is not conducting a periodic inspection and remediation program. In this paragraph "remediation" means action taken by the landlord that substantially reduces the presence of bed bugs in a dwelling unit for a period of at least 60 days;
II. There is defective internal plumbing or a back-up of sewage caused by a faulty septic or sewage system;
III. There are exposed wires, improper connectors, defective switches or outlets or other conditions which create a danger of electrical shock or fire;
IV. The roof or walls leak consistently;
V. The plaster is falling or has fallen from the walls or ceilings;
VI. The floors, walls or ceilings contain substantial holes that seriously reduce their function or render them dangerous to the inhabitants;
VII. The porches, stairs or railings are not structurally sound;
VIII. There is an accumulation of garbage or rubbish in common areas resulting from the failure of the landlord to remove or provide a sufficient number of receptacles for storage prior to removal unless the tenant has agreed to be responsible for removal under the rental agreement and the landlord has removed all garbage at the beginning of the tenancy;
IX. There is an inadequate supply of water or whatever equipment that is available to heat water is not properly operating;
X. There are leaks in any gas lines or leaks or defective pilot lights in any appliances furnished by the landlord; or
XI. The premises do not have heating facilities that are properly installed, safely maintained and in good working condition, or are not capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 65 degrees F.; or, when the landlord supplies heat in consideration for the rent, the premises are not actually maintained at a minimum average room temperature of 65 degrees F. in all habitable rooms.
Source.
1979, 305:7, eff. Aug. 21, 1979. 2013, 48:2, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-A - Housing Standards › Section 48-A:15 - Enforcement of Minimum Standards.

48-A:15 Enforcement of Minimum Standards. –
In municipalities which have not established a public agency as described in RSA 48-A:3, a violation of the minimum standards set forth in RSA 48-A:14 shall be a violation, and each continuing day of violation after notice shall be a separate offense.
Source.
2001, 274:4, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-B - Leasing of Air Rights › Section 48-B:1 - Definitions.

48-B:1 Definitions. –
Terms used in this chapter shall have the meanings set forth below, unless a different meaning is clearly apparent from the language or context, or is otherwise inconsistent with the manifest intention of this chapter:
I. "Municipality" shall mean any city or town in the state;
II. "Legislative body" shall mean the town meeting in towns and the mayor and aldermen in cities;
III. "Governing board" shall mean the selectmen in towns and the mayor and aldermen in cities.
Source.
1969, 493:2, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-B - Leasing of Air Rights › Section 48-B:2 - Air Rights.

48-B:2 Air Rights. –
The governing board of a municipality, when authorized to do so by its legislative body, may lease, at one time or from time to time for a term or terms not to exceed 99 years, upon such terms and conditions as the governing board thereof in its discretion deems advisable, air rights over public streets and ways, public parking facilities and other public buildings, land and waters, owned by such municipality, or in which the public has a right to travel or in which such municipality holds less than a fee interest, excluding any dedicated park land, but including rights for support, access, utilities, light and air, for such nonmunicipal purposes as, in the opinion of the governing board thereof, will not impair the construction, use, safety, maintenance or repair of such streets and ways, facilities, buildings, land and waters; provided, however, such municipality shall not execute any leases which would either impair the use and safety of any highway, be solely for outdoor advertising structures or which would violate any provision of those regulations promulgated by the administrator of the Federal Aviation Administration. Any lease granted hereunder may, with the consent of the legislative body of the municipality, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The proceeds from any such lease shall be paid into the treasury of such municipality. Any lease granted hereunder may be granted over public streets and ways in which the municipality owns the easement, but not a fee interest, without thereby disturbing the reversionary rights, if any, of the holder of the fee in such public street or way. Nothing herein shall derogate from the right of the municipality holding a fee interest in such streets, ways, facilities, buildings, land or water from conveying air rights in fee or by lease. Any lease promulgated under the authority of this chapter for air rights over state and state aid highways shall have the approval of the commissioner of transportation.
Source.
1969, 493:2. 2004, 257:33, eff. June 15, 2004.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-B - Leasing of Air Rights › Section 48-B:3 - Applicability of Other Provisions of Law.

48-B:3 Applicability of Other Provisions of Law. –
The construction or occupancy of any building or other thing erected or affixed under any lease hereunder shall be subject to the building, fire, health and zoning ordinances of the municipality to the extent applicable. Any building, or other thing, erected over or affixed to any public street or way under this chapter are valid and declared legal and the same shall henceforth be legal structures over and in said streets and ways.
Source.
1969, 493:2, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-B - Leasing of Air Rights › Section 48-B:4 - Taxability.

48-B:4 Taxability. –
Any building, or other thing, erected or affixed under any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided that no part of the value of the land shall be included in any such assessment. The municipality may exercise all remedies provided generally for the collection of taxes and any such lease-hold estate may be sold or taken by the municipality for the nonpayment of any taxes assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. The municipality shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by a court of competent jurisdiction to be inapplicable, to pay annually to the municipality a sum of money in lieu of such taxes which would otherwise be assessed thereon in such year.
Source.
1969, 493:2, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 48-B - Leasing of Air Rights › Section 48-B:5 - Public Records.

48-B:5 Public Records. –
Each lease hereunder shall require that the lessee file with the clerk of the municipality, and amend as changes may occur, a statement under oath containing the names and addresses of the officers and directors, in the case of a corporation, and in the case of partnership or other voluntary association, the name and address of all persons having a financial interest in said lease. A copy of all leases granted by any municipality shall be kept on file and such leases shall be open to public inspection.
Source.
1969, 493:2, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:1 - Purpose and Intent.

49-B:1 Purpose and Intent. –
It is the purpose of this chapter to implement the home rule powers recognized by article 39, part first, of the constitution of the state of New Hampshire. To that end, the general court hereby provides a vehicle whereby a municipality may adopt a form of government that best addresses local needs. At the same time, however, the general court recognizes a need to require uniform procedures and practices when there is a corresponding state interest. Therefore, this chapter is intended only to provide a procedural framework by which a city or town may amend its actual form of government. Nothing in this chapter shall be construed to create any power in, or confer any power upon, any city or town beyond that necessary to carry out the amendment of a charter or form of government as set forth in this chapter. The general laws of this state shall remain in full force and effect, and they shall be construed to be consistent with this chapter to the greatest extent possible in the effectuation of this chapter's stated purpose. Accordingly, this chapter shall be strictly interpreted to allow towns and cities to adopt, amend, or revise a municipal charter relative to their form of government so long as the resulting charter is neither in conflict with nor inconsistent with the general laws or the constitution of this state.
Source.
1979, 241:1. 1988, 223:1, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:2 - Scope of Authorization; Definitions.

49-B:2 Scope of Authorization;  Definitions. –
I. Any incorporated town or city, regardless of population, shall be entitled to exercise the home rule powers recognized by article 39, part first, of the New Hampshire constitution, and implemented through this chapter, to create a charter commission and to present to its voters by referendum a municipal charter, in which they may establish either a town or city government.
II. If the proposed charter denominates the municipality as a town, the charter shall be prepared pursuant to RSA 49-D.
III. If the proposed charter denominates the municipality as a city, the charter shall be prepared pursuant to RSA 49-C.
IV. In this chapter:
(a) "Elected body" means the mayor and board of aldermen, mayor and council, and city council in a city adopting a charter under RSA 49-C and a town council or representative town meeting in a town adopting a charter under RSA 49-D.
(b) "Governing body" means the board of selectmen, the board of aldermen, or the council in a city or in a town with a town council.
(c) "Legislative body" means a town meeting, representative town meeting, city or town council, mayor and council, and mayor and board of aldermen.
(d) "Municipality" means a city or a town.
(e) "Municipal officers" means the mayor and board of aldermen, mayor and council, and city council in a city, and board of selectmen and town council in a town.
(f) "Municipal year" means the fiscal year of the municipality.
(g) "Operating budget" means total appropriations, as determined by the department of revenue administration, exclusive of county and school taxes; principal and interest payments on bonds and notes; and amounts in satisfaction of court judgments.
(h) "Revocation" means the repeal of an entire charter such that the resultant form of government is the form in existence immediately prior to the adoption of the charter being repealed.
Source.
1979, 241:1. 1988, 223:2. 1991, 162:1; 304:3, 4. 2003, 289:9, eff. Sept. 1, 2003. 2014, 292:1, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:4-b - Final Report.

49-B:4-b Final Report. –
I. Upon approval from the secretary of state, attorney general, and commissioner of the department of revenue administration under RSA 49-B:4-a, the charter commission shall submit to the municipal officers its final report, which shall include the full text and explanation of the proposed new charter, such comments as the commission deems desirable, an indication of the major differences between the current form of government and the proposed charter, and a written opinion by an attorney admitted to the bar of this state that the proposed charter is not in conflict with the constitution or the general laws. Minority reports, if filed, shall not exceed 1,000 words. The submission of the final report and minority reports, if any, shall be accomplished by the date indicated below:
(a) If the charter commission was elected in a town with its annual meeting in March, on or before January 15 of the following year.
(b) If the charter commission was elected in a town with its annual meeting in April, on or before February 15 of the following year.
(c) If the charter commission was elected in a town with its annual meeting in May, on or before March 15 of the following year.
(d) If the charter commission was elected at a biennial municipal election, on or before September 15 of the following year.
(e) If the charter commission was elected in a municipality not described in subparagraph (a), (b), (c), or (d), within 245 days after its election.
II. Upon the submission of the final report, the municipal officers shall order the proposed new charter to be submitted to the voters at the next municipal election after the filing of the final report, unless the final report recommends that no charter be adopted, as provided in RSA 49-B:4, VII. In the case of municipalities with biennial elections, the charter shall be submitted to the voters at the next regular municipal election or at a special municipal election so long as such election is held at least 45 days after the filing of the final report. If the next regular election is less than 45 days after the filing of the report, the charter shall be submitted at the following regular election.
III. Except as provided in RSA 49-B:4-c, the charter commission shall continue in existence for 60 days after submission of its final report to the municipal officers, or until the date of the election at which the charter is voted upon, whichever is later, for the purpose of winding up its affairs.
Source.
2014, 292:2, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:4-c - Continuation of Charter Commission.

49-B:4-c Continuation of Charter Commission. –
I. If the charter commission is unable to obtain approval pursuant to RSA 49-B:4-a in time to submit its final report by the date established in RSA 49-B:4-b, or otherwise does not complete its preliminary or final report in accordance with the schedule established in this subdivision, it shall continue in existence for another year. Subject to paragraph II, if the commission's existence continues, any requirements of RSA 49-B:4, V and VI, RSA 49-B:4-a, and RSA 49-B:4-b that have not previously been satisfied shall apply as if the commission had been elected in the second year.
II. A charter commission shall not be extended beyond a second year of existence.
Source.
2014, 292:2, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:4-d - Definition of Revision.

49-B:4-d Definition of Revision. –
For purposes of this chapter, a "revision" to a municipal charter shall mean any change to an existing charter that results in a change in the municipality's form of government to any of the following forms:
I. Traditional town meeting.
II. Official ballot town meeting.
III. Town council.
IV. Official ballot town council.
V. Budgetary town meeting.
VI. Representative town meeting.
VII. City under mayor-alderman plan.
VIII. City under council-manager plan.
IX. Any other form hereafter expressly authorized by statute.
Source.
2014, 292:2, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:4-e - Procedure for Revising Charter.

49-B:4-e Procedure for Revising Charter. –
I. The municipal officers may determine that a revision of the municipal charter is necessary and, by order, submit the question of establishment of a commission to revise the charter to the voters, in the same manner as provided for the establishment of a charter commission under RSA 49-B:3; or
II. On the written petition of a number of voters equal to 20 percent of the number of ballots cast in the municipality at the last regular municipal election, but in no event fewer than 10 registered voters, the municipal officers shall, by order, submit the question of establishment of a commission to revise the charter to the voters as provided in this section. The petition shall read substantially as follows: "Each of the undersigned voters requests the municipal officers to submit to the voters, at the next municipal election, the question of establishment of a charter commission to draft a revision to the municipal charter." The petition shall be submitted on or before the date indicated for a petition under RSA 49-B:3, II.
III. The establishment of a commission to revise the charter, the membership of the commission, and the procedures of the commission shall in all respects be the same as for a commission to draft a new charter under RSA 49-B:3, RSA 49-B:4, RSA 49-B:4-a, and RSA 49-B:4-b, including all dates and time periods thereunder, except that the following question shall be substituted for the question specified in RSA 49-B:3, IV:
"Shall a charter commission be established for the purpose of revising or amending the municipal charter?"
IV. If a commission that has been elected to revise the charter determines that one or more amendments to the charter are required, it may propose such amendments.
V. A commission to revise the charter shall not be continued under RSA 49-B:4-c.
Source.
2014, 292:2, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:4-f - Definition of Amendment.

49-B:4-f Definition of Amendment. –
For purposes of this chapter, an "amendment" to a municipal charter shall mean any change to an existing charter that does not constitute a revision under RSA 49-B:4-d.
Source.
2014, 292:2, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:7 - Recording.

49-B:7 Recording. –
Within 3 days after the results of the election have been declared, the municipal clerk shall prepare and sign duplicate certificates setting forth any charter that has been adopted or revised and any charter amendment approved. One certificate shall be recorded in the office of the secretary of state and one certificate shall be deposited in the office of the municipal clerk.
Source.
1979, 241:1, eff. Aug. 14, 1979.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:8 - Ordinance, Power Limited.

49-B:8 Ordinance, Power Limited. –
Any municipality may, by the adoption, amendment or repeal of ordinances or bylaws, exercise any power or function granted to a municipality by the constitution or general law. No change in the composition, mode of election or terms of office of the legislative body, the mayor or the manager of any municipality may be accomplished by bylaw or ordinance.
Source.
1979, 241:1. 1988, 223:8, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:8-a - Repealed by 1991, 304:15, eff. Aug. 23, 1991.

49-B:8-a Repealed by 1991, 304:15, eff. Aug. 23, 1991. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:9 - Private, Special, and General Laws.

49-B:9 Private, Special, and General Laws. –
Private and special laws applying to a specific municipality and general laws which a municipality has the option to adopt or rescind shall continue in force and effect unless specifically repealed by a charter adoption, revision, or amendment under this chapter.
Source.
1979, 241:1. 1988, 223:11, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:10 - Judicial Review.

49-B:10 Judicial Review. –
I. The superior court may, upon petition of 10 voters of the municipality or on petition of the attorney general, enforce this chapter.
II. A petition for declaratory relief may be brought on behalf of the public by the attorney general or, by leave of the court, by 10 voters of the municipality. In the case of petition of 10 voters, the attorney general shall be served with notice of the preliminary petition for leave, and may intervene as a party at any stage of the proceedings; and the petitioners shall be liable for, but may in the court's discretion also be awarded costs, which may include reasonable attorney's fees.
III. Judicial review to determine the validity of the procedures whereby any charter is adopted, revised or amended may be had by petition of 10 voters of the municipality brought within 30 days after the election at which such charter, revision or amendment is approved. If no such petition is filed within such period, compliance with all the procedures required by this chapter and the validity of the manner in which such charter adoption, revision or amendment was approved shall be conclusively presumed. No charter adoption, revision or amendment shall be deemed invalid on account of any procedural error or omission unless it is shown that the error or omission materially and substantially affected such adoption, revision or amendments.
IV. Any municipality aggrieved by the decision of the secretary of state, the attorney general, or the commissioner of the department of revenue administration under RSA 49-B:4-a may seek review by way of appeal in superior court to determine the lawfulness of the decision. The clerk shall schedule a hearing on any such appeal within 10 days of the filing of such petition.
Source.
1979, 241:1. 1988, 223:10, eff. June 29, 1988. 2014, 292:4, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:11 - Repealed by 1988, 223:14, eff. June 29, 1988.

49-B:11 Repealed by 1988, 223:14, eff. June 29, 1988. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:12 - Return to Former Form of Government.

49-B:12 Return to Former Form of Government. –
I. Notwithstanding the provisions of this chapter, any town, through the petition procedure in RSA 49-B, may repeal its charter and return to its former form of government without establishing a charter commission.
II. The question of whether the town should repeal its charter and return to its former form of government shall be put to the voters in the same manner as an amendment to a charter, under RSA 49-B:5.
Source.
1991, 304:10, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:13 - Separability; Preservation.

49-B:13 Separability;  Preservation. –
I. The provisions of this chapter and of charters created under this chapter are separable. If any portion of this chapter, or of any charter adopted under the provisions of this chapter, or if the application of the chapter or such charter to any person or circumstance shall be invalid, the remainder of the chapter or such charter or the application of such invalid portions to other persons or circumstances shall not be affected by such invalidation.
II. All town and city charters which have been adopted, revised, or amended; all charter commissions which have been properly established and elected; all elections properly held; and actions properly taken pursuant to such charters are hereby legalized, provided that such charters at the time of their adoption were not contrary to the general laws and constitution of the state.
II-a. Notwithstanding RSA 49-B:1, all town or city charters which have been adopted, revised, or amended before July 5, 2011 to include a tax or spending cap of any kind and all charter commissions which have been properly established and elected; all elections properly held; and all actions properly taken related to the tax or spending cap in such charters are hereby endorsed, ratified, validated, and legalized and are fully enforceable.
III. RSA 32 shall not apply to a municipality adopting, revising, or amending a charter under RSA 49-C or RSA 49-D unless that municipality adopts a budgetary town meeting, official ballot town meeting, an official ballot town council, or representative town meeting pursuant to RSA 49-D:3, I-a, II, II-a and III. Except that a municipality may adopt a tax cap as provided in RSA 49-C:33, I(d) or RSA 49-D:3, I(e), notwithstanding the provisions of RSA 32:5-b and RSA 32:5-c.
Source.
1991, 304:10. 1993, 332:4. 2008, 243:2. 2011, 234:7, eff. July 5, 2011. 2021, 88:1, eff. Aug. 20, 2021.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:14 - Repealed by 2010, 213:2, II, eff. Nov. 8, 2011.

49-B:14 Repealed by 2010, 213:2, II, eff. Nov. 8, 2011. –
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-B - Home Rule-Municipal Charters › Section 49-B:15 - Manchester School District; Charter Commission Established.

49-B:15 Manchester School District;  Charter Commission Established. –
I. A charter commission shall be established to develop a local procedure, which does not require the approval of the legislature, to revise, amend, or replace the Manchester school district charter, established in 1846 as amended in 1848, as amended by chapter 301 of the 1909 Laws of New Hampshire, as amended by chapter 323 of the 1909 Laws of New Hampshire, as amended by chapter 249 of the 1915 Laws of New Hampshire, as amended by chapter 302 of the 1915 Laws of New Hampshire, as amended by chapter 52 of the 1972 Laws of New Hampshire. The charter commission shall submit its recommendations for a procedure to revise, amend, or replace the Manchester school district charter in the form of a ballot question to the Manchester school district voters for a vote at the November 2020 regular election. If the ballot question is approved then the Manchester school district charter shall be revised, amended, or replaced in accordance with the local procedure approved by the school district voters and, effective on the date the ballot question is approved, the Manchester school district shall be solely responsible for revising, amending, or replacing the charter.
II. (a) The charter commission shall consist of 9 members who shall be registered voters of the Manchester school district, and who shall run without party designation.
(b) The election of charter commission members shall be held in conjunction with the regular November elections in 2019 in accordance with RSA 49-B:4.
III. The charter commission shall have all the powers and duties of a charter commission established pursuant to this chapter and shall comply with the provisions of this chapter, except as otherwise indicated in this section.
Source.
2019, 174:1, eff. July 10, 2019.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:1 - Purpose.

49-C:1 Purpose. –
The purpose of this chapter shall be to implement part I, article 39 of the New Hampshire constitution enabling municipalities to draft city charters within the framework of the statute without the need for creating special charters by action of the general court.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:2 - Incorporation.

49-C:2 Incorporation. –
The inhabitants of any municipality adopting a city charter under this charter shall continue to be a body politic and corporate under its pre-existing name and as such to enjoy all the rights, immunities, powers and privileges and be subject to all duties and liabilities now incumbent upon them as a municipal corporation. All existing property of the municipality shall remain vested in it and all its existing debts and obligations shall remain obligatory upon it after the adoption of a charter under this chapter.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:3 - Wards.

49-C:3 Wards. –
The city shall continue to be divided into the same number of wards as constituted at the time of the adoption of a charter hereunder, and the general laws relative to wards of cities, officers of such wards and voters, checklists, elections and jurors shall be applicable to such wards.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:4 - Conduct of Elections.

49-C:4 Conduct of Elections. –
The election officers in each ward whose duty it is to conduct regular biennial elections shall conduct a municipal election at city expense in the same manner as a regular biennial election on a date permitted for city elections in RSA 44:11 and specified in the charter to elect all elected officials provided for in the charter. The supervisors of the checklist in each ward shall fix the polling place in each ward and give notice of the polling place when the checklist for the municipal election is first posted.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:5 - Qualification of Voters.

49-C:5 Qualification of Voters. –
Persons who would be qualified to vote in a biennial election if held on the day of such municipal election shall be qualified to vote in all elections held pursuant to this chapter, and all such elections shall be deemed elections within the meaning of all general statutes, penal and otherwise, and said statutes shall apply to municipal elections so far as consistent with this chapter. The polls shall be open at each municipal election during such hours as the charter may provide, consistent with state election laws.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:6 - Preparation of Ballots.

49-C:6 Preparation of Ballots. –
The city clerk shall prepare the ballots to be used at the municipal elections. Under charters providing for election by the Australian ballot system, the ballots shall be prepared in accordance with the procedure provided for in general election laws governing such system. Under charters providing for non-partisan elections, the ballot shall contain the names in alphabetical order by surname according to the alphabetization procedure established in RSA 656:5-a, without party designation, of all who file with the city clerk as candidates for elective office. The charter shall specify a filing period, the filing fee to be paid for each office, and, as an alternative method of becoming a candidate on the ballot, the number of qualified voters which may be subscribed to a nominating petition in such form as the charter may set out.
Source.
1991, 304:11. 2010, 330:1, eff. July 20, 2010.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:7 - Contested Elections.

49-C:7 Contested Elections. –
Any election contest shall be resolved in accordance with the procedure set forth in the general election laws governing biennial elections.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:8 - The Elected Body.

49-C:8 The Elected Body. –
The governing and legislative body under the mayor-aldermen plan shall be a principal officer called the mayor and a board of aldermen; and, under the council-manager plan shall be a city council, all of whom shall be elected. In the mayor-aldermen plan the mayor shall be elected from the city-at-large. In the council-manager plan, the charter shall provide for the election of the mayor-at-large or the selection by the council of one of its own members to serve as mayor. Under either plan, the charter may provide for selection by the elected body of one of its own members to serve as a designated official in the stead of the mayor and shall designate this position by the title vice-mayor, assistant mayor, mayor pro tem or other similar term. Terms of elected officials, the date of commencement, and termination of office and ward and at-large representation shall be set forth in the charter.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:9 - Qualifications for Office.

49-C:9 Qualifications for Office. –
No person shall be a candidate for the office of mayor, councilor-at-large, or alderman-at-large who is not a registered voter of the city. No person shall be a candidate for the office of ward alderman or ward councilor who is not a registered voter in the ward in which he or she seeks election. The charter may require a period of domicile of up to one year for eligibility to run for office.
Source.
1991, 304:11. 2003, 289:11, eff. Sept. 1, 2003.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:10 - Vacancies.

49-C:10 Vacancies. –
The charter shall provide a procedure for filling vacancies in the offices of mayor, aldermen, and councilors until the next municipal or state general election at which time an election shall be held for the unexpired term.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:11 - Compensation.

49-C:11 Compensation. –
In the mayor-aldermen plan, the mayor shall devote full time to mayoral duties and shall receive such salary as may be designated by the charter, or by ordinance if the charter so authorizes. In the council-manager plan, the mayor shall not be full-time as to the daily administrative responsibility, and authority for city operations shall be vested in the city manager. The aldermen or councilors shall be compensated in an amount not to exceed in aggregate a sum fixed by the charter, or by ordinance if the charter so authorizes.
Source.
1991, 304:11, eff. Aug. 23, 1991.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 49-C - Local Option-City Charters › Section 49-C:12 - Meetings.

49-C:12 Meetings. –
I. The mayor shall preside over all meetings of the elected body, and the city clerk shall act as a clerk of the body. All meetings of the elected body shall be public in accordance with RSA 91-A. Regular meetings shall be held at such hours on such days of the week, at such intervals, as the charter may designate and special meetings upon such notice as is required in the charter. The elected body shall establish its own rules, and a majority shall constitute a quorum for the transaction of the business of the board. The mayor shall have the right to introduce bills and initiate other measures at the meetings and to speak at meetings upon pending measures without resigning the chair. In cases where the mayor is directly elected, the mayor shall not be counted to make a quorum of such board, nor vote as a member of the board except in case of equal division.
II. Notwithstanding paragraph I, a city may, pursuant to the procedures for adoption of charter amendments and submission to the voters under RSA 49-B:5 and 49-B:6, vote to allow the mayor to vote and be counted for purposes of a quorum at meetings of the city council, despite such mayor having been directly elected.
III. Notwithstanding any contrary provision in paragraph I, the adoption of an override threshold provision to a tax cap included in a charter pursuant to RSA 49-C:33, I(d) shall provide for a supermajority vote of the elected body to adopt the annual budget.
Source.
1991, 304:11. 1999, 27:1. 2011, 234:2, eff. July 5, 2011.