Keene New Hampshire

Nashua New Hampshire

Keene New Hampshire

Code of Ordinances City of Keene New Hampshire

Chapter 10 ANIMALS*

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*Cross references: Environment, ch. 38.

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Article I. In General

Secs. 10-1--10-25. Reserved.

Article II. Dogs

Sec. 10-26. Definitions.

Sec. 10-27. Authority.

Sec. 10-28. License and fees.

Sec. 10-29. Late fees.

Sec. 10-30. Forfeiture for unlicensed dogs.

Sec. 10-31. Dogs, restricted areas, and running at large.

Sec. 10-32. Forfeiture for running at large.

Sec. 10-33. Impoundment.

Sec. 10-34. Impoundment fees.

Sec. 10-35. Nuisance, menace or vicious dogs.

Sec. 10-36. Forfeitures for nuisance, menace or vicious dogs.

Sec. 10-37. Removal of feces.

Sec. 10-38. Exceptions.

Sec. 10-39. Interference with animal control officer.

ARTICLE II. DOGS*

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*State law references: Dogs, RSA 466:1 et seq.

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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 on a leash not more than eight feet long and not under the control of a responsible person and not confined within a vehicle.

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 city clerk within 96 hours 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.

(Code 1970, § 1701.0)

Cross references: Definitions generally, § 1-2.

Sec. 10-27. Authority.

The animal control officer or any police officer shall have the authority to enforce the observance of this Code relating to animal control. The city council 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.

(Code 1970, § 1702.0)

Sec. 10-28. License and fees.

The owner of a dog owned, kept, harbored or maintained in the city 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 the schedule of fees in appendix B to this Code, as permitted by RSA 466:39.

(Code 1970, § 1703.0)

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.

(Code 1970, § 1704.0)

Sec. 10-30. Forfeiture for unlicensed dogs.

Whoever is the owner of a dog contrary to section 10-28 pertaining to license and fees shall forfeit $25.00 to the city. If the forfeiture is not made to the city clerk within 96 hours 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 article.

(Code 1970, § 1705.0)

State law references: Penalty, RSA 466:39.

Sec. 10-31. Dogs, restricted areas, and running at large.

(a)     Generally . No dog shall run at large at any time within the city. This section shall not apply to dogs in use with their owners during lawful hunting.

(b)     School grounds. No dogs shall be, at any time, in a school or on school grounds unless leashed.

(c)     Cemetery areas. No dog shall be on land owned and/or used by the city or any of its departments for cemetery purposes unless authorized by the parks, recreation and facilities director.

(d)     Commercial areas. Unless on a leash not over eight feet long, no dog shall be in the commercial areas of the city. The commercial areas are defined and described as, Central Square, Main Street from Central Square to Marlboro Street, West Street from Main Street to Route 12, Court Street from Central Square to Mechanic Street, Washington Street from Central Square to Mechanic Street, Roxbury Street from Main Street to Roxbury Court, Church Street from Main Street to Wells Street, Railroad Street, Dunbar Street, Emerald Street, Gilbo Avenue, Key Road and all city-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.

(e)     Pumpkin Festival. Except for service dogs as defined in RSA 167-D:1, no dog shall be on any publicly owned property or city street in any of the following areas during the period of time established by the Keene City Council for the observance of the Pumpkin Festival held on either the third or fourth Saturday in October: Central Square, Main Street from Central Square to Water Street, West Street from Main Street to St. James Street, Washington Street from Central Square to the entrance of the City Hall parking facility, Roxbury Street a distance of 375 feet from Main Street, Church Street from Main Street to Wells Street, Railroad Street to Wells Street, Dunbar Street a distance of 190 feet from Main Street, Emerald Street from Main Street to Wilson Street, Eagle Court, Cypress Street, Lamson Street, Commercial Street, Commercial Street Parking Lot, St. James Street, Federal Street, Wells Street, Gilbo Avenue east parking lot, City Hall parking facility and Wilson Street from Emerald Street to Keene Skate Park.

(f)     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.

(g)     Penalty. Any person who violates any provision of this section shall pay a fine in the amount of $25.00.

(Code 1970, § 1706.0; Ord. No. O-2004-15-A, 10-7-2004)

State law references: Dogs at large, RSA 466:33; service animal exception, RSA 466:44.

Sec. 10-32. Forfeiture for running at large.

Whoever owns a dog that is found to be at large shall forfeit $25.00 to the city. If the forfeiture is not made to the city clerk within 96 hours 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 city 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.

(Code 1970, § 1707.0)

Sec. 10-33. Impoundment.

Any dog found at large or unrestrained within the city 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 police department. If the impounded dog is licensed by the city, 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.

(Code 1970, § 1708.0)

Sec. 10-34. Impoundment fees.

Any owner or individual claiming a dog impounded by the police department shall pay to the city a pickup fee and boarding fees as set forth in the schedule of fees in appendix B to this Code. These fees are payable to the city clerk, and the fees do not preclude any other fees, fines or forfeitures associated with the impounding or boarding. The boarding fee shall not be charged if the dog is boarded at the Monadnock Humane Society.

(Code 1970, § 1709.0)

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 any person by means of personal presence and attention as will reasonably control the conduct of such dog, unless accompanied by the owner or custodian. 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 city.

(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.

(Code 1970, § 1710.0)

Cross references: Nuisances, § 38-56.

Sec. 10-36. Forfeitures 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 city 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

(b)     These forfeitures shall be made within 96 hours from the time of notice to the city 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 city 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.

(Code 1970, § 1711.0)

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 public grounds, including public streets, alleys, sidewalks, parks, or any other public grounds within the city, 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.

(d)     Forfeiture. Any person found in violation of this section shall forfeit $25.00 to the city. If such forfeiture is not made to the city clerk within 96 hours 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 city 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.

(Code 1970, § 1712.0)

Sec. 10-38. Exceptions.

This article shall not apply to hearing and sight-impaired guide dogs, owned or employed by or on the behalf of law enforcement.

(Code 1970, § 1713.0)

Sec. 10-39. 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.

(Code 1970, § 1714.0)

Nashua New Hampshire

Revised Ordinances of City of Nashua New Hampshire

ARTICLE I. IN GENERAL*

ARTICLE II. TRAPS*

ARTICLE I. IN GENERAL*

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*Editor's note: Ord. No. O-96-11 adopted May 14, 1996, amended Art. I of this chapter by renumbering former §§ 5-8--5-11 as 5-9--5-12 and by adding new provisions designated as § 5-8.

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Sec. 5-1. Definitions.

As used in this chapter, unless the context otherwise indicates, the following words shall have the meaning given in this section:

Cat means any feline animal, male or female, sexed or neutered.

Dog means any canine animal, male or female, sexed or neutered.

Ferret means any European domestic ferret (Mustela furo), male or female, sexed or neutered.

Owner means any person owning, keeping or harboring any animal.

(NRO 1975, T. 7, § 1103; Ord. No. O-98-42, § 1, 8-11-98; Ord. No. O-03-91, § 1, 8-12-03)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 5-2. Animals at large forbidden; penalty; impoundment.

(a)     No sheep, swine, horses, mules, asses, oxen, cows or other cattle shall be permitted to go at large in any street, highway, lane, alley, common, square or other public place within the city.

(b)     Any person permitting a violation of this section shall be punished as provided in section 1-9.

(c)     Any person finding any such creature going at large may either impound and detain the same until penalty and cost of impounding shall be paid, or may make complaint against the person permitting such creature to go at large, and the penalty shall be imposed by the court having jurisdiction.

(NRO 1975, T. 7, § 1101; Ord. No. O-84-79, 3-12-85)

Sec. 5-3. Keeping, housing animals.

It shall be unlawful for any person, whether as owner, bailee, keeper or custodian, to keep and house any animal in any structure built or located within forty-five (45) feet of any building occupied by human beings in the city except upon special permission from the health officer of the board of health of the city. The location, construction, erection and sanitary condition of all such structures shall be made satisfactory to the health officer. Plans approved by the board of health shall be filed with the board before any such building shall hereafter be constructed, altered, extended or moved.

(NRO 1975, T. 7, § 1102)

Sec. 5-4. Dogs--License and registration.

All dogs kept, harbored or maintained by their owners in the city shall be licensed as provided in RSA 466. The license fee shall be that amount specified in RSA 466:4, plus one dollar ($1.00), as allowed by RSA 466:39.

(NRO 1975, T. 7, § 1104; Ord. No. O-95-148, 12-26-95; Ord. No. O-09-42, § 2, 8-11-98)

State law references: Rabies vaccination required, RSA 466:1-a; RSA 442-A:2.

Sec. 5-5. Same--Running at large.

It shall be unlawful for any dog to run at large. The term "at large" means off the premises of the owner or keeper, and not under leash or other physical restraint of the owner or a responsible person.

(NRO 1975, T. 7, § 1105; Ord. No. O-77-193, 7-18-77; Ord. No. O-98-42, § 3, 8-11-98)

Sec. 5-6. Dogs, cats and ferrets--Impoundment; redemption; disposal.

(a)     The dog officer or other authorized person shall take into custody and impound:

(1)     Any dog off the premises of its owner which the dog officer or other authorized person has reason to believe is a stray dog;

(2)     Any dog off the premises of the owner of the dog without a current registration tag on his collar; and

(3)     Any female dog in heat and off the premises of the owner.

(b)     If any dog, cat, or ferret seized wears a collar or harness to which is attached a registration tag, or if the owner is otherwise known, the dog officer or other authorized person shall forthwith serve on the owner a notice in writing stating that the dog, cat, ferret has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after the serving of notice. Notice may be served either by giving it to such person or by leaving it at the person's usual or last known place of abode, as determined by the registration tag or other available information.

(c)     No dog, cat, or ferret shall be released or removed from confinement until the owner has provided proof that the dog, cat, or ferret is currently vaccinated against rabies, and all applicable license, board, and care fees have been paid. If the owner does not have proof that the dog, cat, or ferret is currently vaccinated against rabies, then the owner may post a twenty-five dollar ($25.00) cash bond with the dog officer or other authorized person to secure the release of the dog, cat, or ferret in order for the owner to obtain a rabies vaccination for the dog, cat, or ferret, If, within seventy-two (72) hours of the dog, cat, or ferret's release the owner provides proof to the dog officer or other authorized person of obtaining a rabies vaccination for the dog, cat, or ferret, then the owner shall be refunded the full bond amount.

(d)     When a seized dog, cat, or ferret has been detained for seven (7) days after seizure, with due notice given as prescribed, and the owner has not claimed the dog, cat, or ferret, provided proof that the dog, cat, or ferret is currently vaccinated against rabies, procured a current license or exhibited evidence of a current license if necessary, and paid all applicable license, board, and care fees, the dog officer or other authorized person may cause the dog, cat, or ferret to be destroyed in the least painful manner possible.

(e)     The dog officer or other authorized person may keep or cause to be kept in confinement any dog, cat, or ferret which, in that person's opinion, may be valuable or acceptable to new ownership, and see that such dog, cat, or ferret is placed in a new home. In order to expedite this alternative, the dog officer or other authorized person shall make available to the public, monthly, a list by number and other reference of dogs, cats, and ferrets available. Those persons desiring to procure said dogs, cats, or ferrets may do so by application to the dog officer or other authorized person and payment of applicable adoption and licensing fees.

(f)     No dog, cat, or ferret which the dog officer or other authorized person has taken into custody for a second offense shall be released unless the person to whom the dog, cat, or ferret is released pays a penalty of twenty-five dollars ($25.00), as allowed by RSA 466:39, in addition to meeting all other requirements of this section. If said penalty is not paid within seven (7) days after the dog, cat, or ferret is taken into custody, the dog, cat, or ferret may be destroyed in the least painful manner possible.

(NRO 1975, T. 7, § 1109; Ord. No. O-77-193, 7-18-77; Ord. No. O-77-273A, 11-26-77; Ord. No. O-78-41, 5-1-78; Ord. No. O-78-60, 7-12-78; Ord. No. O-98-42, § 4, 8-11-98)

Sec. 5-7. Same--Method of confinement.

The mayor, with the assistance and cooperation of the dog officer, shall select a suitable place of confinement for impounded animals and those held under suspicion of rabies and after biting.

(NRO 1975, T. 7, § 1110)

Sec. 5-8. Dog waste.

(a)     Duty to dispose. It shall be the duty of each person who owns, possesses or controls a dog to immediately remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to immediately remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person, unless said private property owner or occupant agrees otherwise.

(b)     Duty to possess means of removal/disposal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog.

Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog, unless said private property owner or occupier agrees otherwise. Disposal of such feces shall be in a manner consistent with all applicable laws.

(c)     Enforcement/fines for violation. This section shall be enforced by the Nashua police department. Violation of this regulation shall be punished by a fine of twenty-five dollars ($25.00) for each occurrence.

(d)     Exemption. Compliance with this regulation is not required by any handicapped person who, by reason of his/her handicap is physically unable to comply with this section.

(Ord. No. O-96-51, 9-11-96)

Sec. 5-9. Interference with dog officer.

No person shall hinder, interfere with or molest the dog officer or such other persons as may be appointed as agents in the performance of any duty enjoined by this chapter.

(NRO 1975, T. 7, § 1111; Ord. No. O-96-11, 5-14-96)

Sec. 5-10. Effect of state law.

It is the intention of the board of aldermen to include in this chapter not only those state statutes specifically referred to by title and number, but to embrace also all those others made a part of the law, and they are hereby included under this section by reference.

(NRO 1975, T. 7, § 1112; O-96-11, 5-14-96)

Sec. 5-11. Dogs shelter; tethering:

(a)     If a dog is tied or confined outdoors under weather conditions that could adversely affect the dog's health (wind, rain, wet ground, sleet, snow, hail, cold, or heat), its owner or keeper shall provide it with access to shelter adequate to protect it from possible injury.

(b)     The owner or keeper of a chained or tethered dog shall provide it with a properly applied harness or buckle type collar and tether configured so as to protect it from possible injury. Any chain or tether shall be of sufficient length to allow the dog to be able to easily stand, sit, lie, or turn about.

(Ord. No. O-98-90, § 2, 3-23-99)

Sec. 5-12. Copy of dog ordinances to be given with licenses.

A copy of the Nashua Dog Ordinances shall be given with each dog license issued in 1999 and all new licenses issued thereafter.

(Ord. No. O-98-90, § 2, 3-23-99)

Sec. 5-13. Noises from animals as a nuisance.

Noise from an animal which is sustained for periods of more than thirty (30) minutes or which occurs between the hours of 10 p.m. and 6 a.m., which noise would annoy or disturb a person of normal sensibilities is found to be a nuisance.

The owner of any animal who fails, by appropriate action, to effectively abate such a nuisance after being requested to do so by any person, shall be guilty of a violation.

(Ord. No. O-03-191, § 3, 8-12-03)

Sec. 5-14. Penalty.

Any owner found violating any provision of this chapter shall be guilty of a violation and upon conviction thereof shall be punished as provided in section 1-9 of these Revised Ordinances, except that violation of an ordinance relating to dogs shall be punished by a fine of twenty-five dollars ($25.00).

(NRO 1975, T. 7, § 1113; Ord. No. O-96-11, 5-14-96; Ord. No. O-98-42, §§ 5, 6, 8-11-98; Ord. No. O-98-90, § 1, 3-23-99; Ord. No. O-03-191, § 2, 8-12-03)

Editor's note: Formerly numbered as section 5-13.

State law references: Penalty for violation of dog ordinances, RSA 466:39.

Secs. 5-14--5-30. Reserved.

ARTICLE II. TRAPS*

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*Editor's note: Ord. No. O-96-11, adopted May 14, 1996, renumbered former §§ 5-12--5-15 of Art. II as §§ 5-13--5-16. In order to reserve sections for future expansion, the editor has renumbered former sections 5-12--5-15 as 5-31--5-34.

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Sec. 5-31. Purpose.

Pursuant to the city's authority to adopt measures that further public health, safety and welfare, and other authority conferred by law upon the city, including authority to regulate and abate nuisances, these sections are hereby adopted for the protection of small children, other persons, and domestic animals. The City of Nashua declares the use of steel jaw leghold or conibear traps or snares within its borders to be a public nuisance.

(Ord. No. O-94-45, 9-27-94; Ord. No. O-96-11, 5-14-96)

Sec. 5-32. Restrictions on use.

Except as hereinafter provided, no person shall, at any time, set or use a steel jaw leghold or conibear trap or snare of any kind designed or intended to take hold of, capture or kill any animal within the limits of the City of Nashua, nor shall any landowner permit the use of such a trap upon his land.

(Ord. No. O-94-45, 9-27-94; Ord. No. O-96-11, 5-14-96)

Sec. 5-33. Impounding of trap.

Whenever a trap is used contrary to the provisions of this chapter within the confines of the City of Nashua, the same may be impounded by any duly authorized police officer or by any New Hampshire Fish and Game Warden until judicial action occurs.

(Ord. No. O-94-45, 9-27-94; Ord. No. O-96-11, 5-14-96)

Sec. 5-34. Violations and penalties.

Each and every person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.00). Any landowner who knowingly permits the use of such a trap on his/her land shall pay a fine not to exceed five hundred dollars ($500.00).

(Ord. No. O-94-45, 9-27-94; Ord. No. O-96-11, 5-14-96)