**strikethroughs are omissions, underlines are additions**
CHAPTER 10. ANIMALS GENERALLY
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*State law references: Dogs, RSA 466:1 et seq.
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[Marker]Sec. 10-25. Statement of purpose.
(a)It is declared to be the intent of the town to promote an environment free from domestic animal hazards that unnecessarily jeopardize the health and welfare of the citizens of the town and degrades the quality of life in this community. The purpose of this section is to establish standards for the control of animals in the town and by regulating specific activities.
(b)In accordance with the statement of intent in subsection (a) of this section, it shall be unlawful for any person to violate any of the provisions of this section as set forth herein.
Sec. 10-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
At large means off the premises or property of the owner and not under the control of a responsible person, or not confined within a vehicle, or not on a leash not more than six (6) feet long and not under the control of a responsible person where a leash is required under this chapter.
Dog means any canine animal, male or female, sexed or neutered.
Notice of forfeiture means a citation that may be issued by the animal control officer in lieu of a court summons and made payable to the town clerk within ten (10) days of its issuance.
Own means to keep, harbor, or have control, charge or custody of a dog, unless otherwise specified.
Owner means any person keeping, harboring or having charge or control of or permitting any dog to habitually be on or remain on or be lodged or fed within such person's house, yard or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises dogs owned by others. [Marker]
Sec. 10-27. Authority.
The animal control officer or any police officer shall have the authority to enforce the observance of this chapter relating to animal control. The Board of Selectmen shall empower the duties of the animal control officer to serve notice of forfeiture (citation) relating to animal control, and it shall also empower the animal control officer to investigate all reports of violations involving animals in this article and of RSA 466:1 et seq.[Marker]
Sec. 10-28. License and fees.
The owner of a dog owned, kept, harbored or maintained in the town shall license and register the dog as specified under RSA 466:1. The license fees set forth in RSA 466:4 are increased as set forth in section 10-30, as permitted by RSA 466:39.
Sec. 10-29. Late fees.
In addition to the license fees provided in section 10-28 pertaining to license and fees, there shall be a charge as set forth in the schedule of fees in appendix B to this Code for each month or any part thereof that the fees remain unpaid if the fees are not paid before June 1 in each year.[Marker]
Sec. 10-30. Penalty for unlicensed dogs.
(a) Whoever is the owner of a dog contrary to section 10-28 pertaining to license and fees shall forfeit $25.00 to the town.
(b) Whoever is the owner of a dog contrary to section 10-29 pertaining to license and fees shall forfeit $1.00 per each month, or part thereof, after June 1 of the current registration year, payable to the town.
(c) If the forfeiture is not made to the town clerk within ten (10) days of the notice of forfeiture, the case will be disposed of in the district court. This forfeiture shall not preclude proper licensing of the dog as required by this chapter.
State law references: Penalty, RSA 466:39.
[Marker]Sec. 10-31. Dogs, restricted areas, and running at large.
(a)Generally . No dog shall run at large at any time within the town. This section shall not apply to dogs in use with their owners during lawful hunting.
(b)Cemetery areas. No dog shall be on land owned and/or used by the town or any of its departments for cemetery purposes unless authorized by the Town Administrator.
(c)Commercial areas. Unless on a leash not over six feet long, no dog shall be in the commercial areas of the town. The commercial areas are defined and described as, Route 103 from Park 10 Road to Bell Cove Road, the town gazebo, its curtilage or supporting structures or their curtilage, any town owned or operated docks, and all town-owned parking lots. The prohibition for streets shall be for the entire right-of-way, including the paved area, shoulder or gutter, grass plot and sidewalk, whether paved or not.
(d)Food service establishments. Except for service dogs as defined in RSA 167-D:1, no person shall bring any dog into any food service establishment, and no person shall allow any dog to enter or remain in any food service establishment, or in any store that sells food.
(e) Posted areas. Except for service dogs as defined in RSA 167-D:1, no dog shall be allowed to remain in any area so posted prohibiting dogs.
State law references: Dogs at large, RSA 466:33; service animal exception, RSA 466:44.
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Sec. 10-32. Penalty for running at large.
Whoever owns a dog that is found to be at large shall forfeit $25.00 to the town. If the forfeiture is not made to the town clerk within ten (10) days of the notice of forfeiture, the case will be disposed of in the district court. Any person who pays a civil forfeiture, as specified in this section, two times within a 12-month period, according to the records of the town clerk, may not pay the civil forfeiture for subsequent violations of this section in that 12-month period, but shall have those cases disposed of in district court.
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Sec. 10-33. Impoundment.
Any dog found at large or unrestrained within the town may be restrained and impounded by the animal control officer or any police officer. A dog so impounded may be confined in a suitable animal shelter for not more than seven days. Any impounded dog not claimed by the owner within seven days may be humanely disposed of by the impounding facility at the direction of the police department. If the impounded dog is licensed by the town, the animal control officer shall make a reasonable attempt to notify the owner of the impounded dog prior to it being humanely disposed of. The police chief shall select a suitable animal shelter for a place of confinement for animals held under the suspicion of rabies after biting or dogs impounded under this section.
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Sec. 10-34. Impoundment fees.
Any owner or individual claiming a dog impounded by the police department shall pay to the town a pickup fee and boarding fees as set forth by the impounding facility. These fees are payable to the facility, and the fees do not preclude any other fees, fines or forfeitures associated with the impounding or boarding.
[Marker]Sec. 10-35. Nuisance, menace or vicious dogs.
(a)Prohibited. No dog shall be permitted, whether or not leashed or restrained, to be a nuisance, a menace, or vicious to persons, property or other animals.
(b)Nuisance dogs. A dog is adjudged to be a nuisance if it:
(1)Barks for sustained periods of more than one-half hour or during the night hours so as to disturb the peace and quiet of a neighborhood or area.
(2)Digs, scratches or excretes or causes waste or garbage to be scattered on property other than the owner's.
(3)Is off the premises of the owner or keeper and not under the control of the owner or custodian by means of personal presence and attention as will reasonably control the conduct of such dog. This subsection shall not include a dog which is being used for hunting, herding, supervised competition, or exhibition or training for such activities if accompanied by the owner or custodian, meaning that the owner or custodian must be able to see or hear the dog or have reasonable knowledge of where the dog is hunting or herding or where training is being conducted or where trials are being held, provided that such dog does not have to be within sight at all times.
(c)Menace dogs. A dog is adjudged to be a menace if it:
(1)Growls, snaps at, runs after or chases any person.
(2)Runs after or chases bicycles, motor vehicles, motorcycles, or other vehicles being driven, pulled or pushed on the public ways of the town.
(d)Vicious dogs. A dog is adjudged to be vicious if it, whether alone or in a pack with other dogs, bites, attacks, or preys on game animals, domestic animals, fowl or human beings. [Marker]
Sec. 10-36. Penalties for nuisance, menace or vicious dogs.
(a)Whoever owns a dog that violates section 10-35 and whose dog is adjudged to be either a nuisance, a menace or vicious shall forfeit the following to the town clerk:
(1)Nuisance dog:
a.For the first offense . . . $25.00
b.For the second nuisance offense committed within 12 months of the first offense . . . $50.00
(2)Menace dog:
a.For the first offense . . . $50.00
b.For the second menace offense committed within 12 months of the first offense . . . $100.00
(3)Vicious dog:
a.For the first offense . . . $100.00
b.For the second vicious offense committed within 12 months of the first offense . . . $200.00
(4)These forfeitures shall be made within ten (10) days from the time of notice to the town clerk. Any person making this forfeiture shall have deemed to have waived the right to have the case heard in the district court, and he shall not be prosecuted or found guilty of a violation of RSA 466:31. Any person who does not pay the civil forfeiture shall have the case disposed of in district court. Any person who pays a civil forfeiture, as specified in this section, two times within a year, according to the records of the town clerk, may not pay the civil forfeiture for subsequent violations of this section in that year, but shall have these cases disposed of in district court. For a vicious dog, where its behavior represents such a threat to public safety, immediate district court proceedings may be initiated in lieu of the civil forfeiture.
[Marker]Sec. 10-37. Removal of feces.
(a)Definition. For the purpose of this section, the reference to a mechanical or other device shall include, without limitation, a pooper scooper, a trowel, a shovel, a plastic bag or other appropriate container.
(b)Removal from public property. Any owner or person having custody of any dog shall not permit the dog on any commercial area as defined in section 10-31(c) public grounds, including public streets, alleys, sidewalks, parks, or any other public grounds within the town, unless the owner or person in control has in his possession a mechanical or other device for the removal of excrement, nor shall such owner or person in control fail to expeditiously remove any such excrement deposited by the dog in any such place.
(c)Removal from private property. Any owner or person having custody of any dog shall not permit the dog on any private property other than the premises of the owner or person having custody of the dog unless such owner or person in control has in his possession a mechanical or other device for the removal of excrement, nor shall such owner or person in control fail to expeditiously remove any such excrement deposited by such dog in any such place.
Sec. 10-38. Penalties for removal of feces.
Any person found in violation of this section shall forfeit $25.00 to the town. If such forfeiture is not made to the town clerk within ten (10) days of the notice of forfeiture, the case will be disposed of in the district court. Any person who pays a civil forfeiture, as specified in this section, two times within a 12-month period, according to the records of the town clerk, may not pay the civil forfeiture for subsequent violations of this section in that 12-month period, but shall have these cases disposed of in district court.
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Sec. 10-39. Exceptions.
This chapter shall not apply to service dogs as defined in RSA 167-D:1, or any dog owned or employed by or acting on the behalf of law enforcement.
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Sec. 10-40. Interference with animal control officer.
No person shall hinder or interfere with the animal control officer or such persons as may be appointed as agents in the performance of any duty within this article. Any person in violation of this section shall be prosecuted under RSA 642:1 pertaining to obstructing governmental administration.
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