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New Hampshire

Revised Statutes Annotated of the State of New Hampshire. Title XLV. Animals; Title III. Towns, Cities, Village Districts, and Unincorporated Places; Title XVIII. Fish and Game; Title XXI. Motor Vehicles; Title XL. Agriculture, Horticulture and Animal Husbandry; Title LII. Actions, Process, and Service of Process.

Statute Details
Printable Version
Citation: N.H. Rev. Stat. 466:1 - 466:54; 47:17; 207:11 - 207:13b; 210:18; 264:31; 436:99 - 436:109; 437:1 - 437:22; 437-A:1 - 9; 508:18-a

Citation: NH ST 466:1 - 466:54; 47:17; 207:11 - 207:13b; 210:18; 264:31; 436:99 - 436:109; 437:1 - 2437:2; 437-A:1 - 9; 508:18-a


Last Checked by Web Center Staff: 02/2014

Summary:   These New Hampshire statutes comprise the state's dog laws.  Among the provisions include licensing requirements, dangerous dog laws, and the rabies control code.


Statute in Full:
Title XLV. Animals.  Chapter 466. Dogs and Cats.  Licensing of Dogs.

 

Title XLV. Animals.  Chapter 466. Dogs and Cats.  Licensing of Dogs.

Licensing and Vaccination Provisions:

466:1Procuring License; Tag.

466:1-a Vaccination Required.

466:1-b Rabies Certificate.

466:1-c Authorization to Issue Licenses; Local Law Enforcement Officers.

466:1-d Lists of Licensed Dog Owners.

466:2 Part of Year.

466:3 Transfer.

466:4 Fees.

466:5 Disposal of Fees.

466:6 Group Licenses.

466:6-a Breeder's Health Certificate - [Repealed 2013, 38:10, III, eff. Aug. 3, 2013.]

466:7 Additional Charge Where Payment of License Fee is Delayed.

466:8 Exemption From.

466:9 Payment of Fees.

466:10 Hydrophobia Symptoms to be Printed on License. [Repealed 1977, 30:1, eff. May 28, 1977.]

466:11 Records.

466:12 Account.

466:13 Forfeiture.

466:13-a Licensing of Cats.

466:14 Warrants; Proceedings.

466:15 Fees.

466:16 Returns.

466:17, 466:18 Repealed. [Repealed 1967, 30:1, eff. May 15, 1967.]

466:18-a Title to Unlicensed Dogs in Humane Societies.

Damage to Livestock Done by Dogs:

466:19 Liability of Owner or Keeper.

466:20 [Repealed 1985, 126:2, eff. Jan. 1, 1986.]

466:21  [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:22 [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:23 [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:24 [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:25 [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:26 [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:27 [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

466:28 Killing Dogs Legalized.

Rabies Provisions:

466:29 Order; Rabies Epidemic.

466:29-a [Repealed 1989, 158:8, eff. July 16, 1989.]

466:30 Special Notice.

Dog Control/Restraint Provisions:

466:30-a Dog Control Law.

466:30-b Referendum.

466:31 Dogs a Menace, a Nuisance or Vicious.

466:31-a Penalties.

466:32 Officers' Fees.

466:33 Dogs at Large.

466:34 Pursuing Game, etc.

466:35 Maiming Game.

466:36 Killing Dogs.

466:37 Official Neglect.

466:38 How Recoverable.

466:39 City or Town Bylaws.

Cropping and Mutilation Provisions:

466:40 Mutilation Prohibited.

466:40-a Possession of Cropped Dog.

466:41 [Repealed 1955, 129:1, eff. May 9, 1955.]

Dog as Property/Stealing Provisions:

466:42 [Repealed 1959, 1:2, eff. April 6, 1959.]

466:42-a Stealing Dogs, etc.

466:42-b Civil Recovery.

466:43 List of Owners.

Dogs in Restaurants:

466:44 Restaurants and Food Stores.

466:45 Responsibility of Cities and Towns.

Guard Dog Provisions:

466:46 Definitions.

466:47 License.

466:48 Registration.

466:49 Registration Fee.

466:50 Registration Requirements.

466:51 Inspections.

466:52 Hearing.

466:53 Notification to Local Agencies.

466:54 Penalty.

Title III. Towns, Cities, Village Districts, and Unincorporated Places.  Chapter 47. Powers of City Councils.  Bylaws and Ordinances.

47:17 Bylaws and Ordinances.  (For powers related to dogs, see XI).

Title XVIII. Fish and Game.  Chapter 207. General Provisions as to Fish and Game.  Dogs.

207:11 [Repealed 1979, 5:1, eff. May 11, 1979.]

207:12 [Repealed 1973, 410:2, eff. Aug. 29, 1973.]

207:12-a Dog Training; Fee.

207:12-b Restriction on Nonresident's Dog Training and Use of Dogs for Hunting.

207:12-c Use and Training of Leashed Tracking Dogs.

207:13 Field Trials.

207:13-a Signs.

207:13-b Treed Animals.

Title XVIII. Fish and Game.  Chapter 210. Fur-bearing Animals.  Traps, Spring Guns, and Snares.

210:18 Damage to Domestic Animals.

Title XXI. Motor Vehicles.  Chapter 264. Accidents and Financial Responsibility.  Report of Injury to Dog.

264:31 Report of Injury to Dog.

Title XL. Agriculture, Horticulture and Animal Husbandry.  Chapter 436. Diseases of Domestic Animals.  Rabies Control.

436:99 Definitions.

436:100 Rabies Vaccination Required; Exemption.

436:101 Owner's Statement.

436:102 Duties of Veterinarian.

436:103 Cost.

436:104 Transient Dogs, Cats, or Ferrets.

436:105 Impoundment of Dog Rabies Suspects.

436:105-a Impoundment of Cat Rabies Suspects.

436:105-b Impoundment of Ferret Rabies Suspects.

436:105-c Police Dogs.

436:106 Handling of Dogs, Cats, and Ferrets Bitten by Rabid Animals.

436:107 Impoundment of Dog Without Tag.

436:108 Enforcement.

436:109 Penalty.

Title XL. Agriculture, Horticulture and Animal Husbandry.  Chapter 437. Sale of Pets and Disposition of Unclaimed Animals.  Sale of Animals and Birds.

437:1 License Required.

437:2 Definitions.

437:3 Licenses.

437:4 Prohibition.

437:5 Rulemaking.

437:6 Information to be Furnished.

437:7 Exception.

437:8 Inspections.

437:9 Penalty.

437:9-a Notice and Hearing.

437:10 Dogs, Cats, and Ferrets.

437:11 Importation and Transfer Violation.

437:12 Notice and Hearing - [Repealed 2013, 38:10, II, eff. Aug. 3, 2013.]

437:13 Examination by Licensed Veterinarian.

437:13-a Health Certificate for Dogs, Cats, Birds, and Ferrets.

437:14 Artificial Coloring.

437:15 Sale or Gift of Small Quantities.

437:16 Conditions of Keeping and Display.

437:17 Penalty.

437:17-a Monk Parakeets.

437:18 Definitions.

437:19 Notice to Owner; Reclaiming of Animals.

437:20 Disposition of Abandoned Animals.

437:21 Duty of Operator.

437:22 Experimentation and Vivisection Prohibited.

Title XL. Agriculture, Horticulture and Animal Husbandry.  Chapter 437-A. Animal Population Control.

437-A:1 Definitions.

437-A:2 Program Established.

437-A:3 Eligibility of Owner of Dog or Cat to Participate.

437-A:4 Veterinarian Participation.

437-A:4-a Fund Established; Solicitation and Acceptance of Funds.

437-A:5 Rulemaking.

437-A:6 Enforcement; Administrative Fine.

437-A:7 Committee Established; Membership. - [Repealed 2010, 368:1(31), eff. Dec. 31, 2010.]

437-A:8 [Repealed 2010, 368:1(31), eff. Dec. 31, 2010.]

437-A:9 Report.

Title LII. Actions, Process, and Service of Process.  Chapter 508. Limitation of Actions.

508:18-a Law Enforcement Agencies; Limitation on Liability for Injuries Caused by Dogs Used in Law Enforcement Work.

 

 Title XLV. Animals.  Chapter 466. Dogs and Cats.  Licensing of Dogs.

466:1 Procuring License; Tag.

Every owner or keeper of a dog 4 months old or over shall annually, cause it to be registered, numbered, described, and licensed for one year in the office of the clerk of the city or town in which the dog is kept, and shall cause it to wear around its neck a collar to which shall be attached a metal tag with the following information thereon: the name of the city or town, year of issue of license and its registered number. The tag and license shall be furnished by the clerk at the expense of the city or town. Regardless of when the license is obtained, the license shall be effective from May 1 of each year to April 30 of the subsequent year.

HISTORY

Source. 1891, 60:1. 1925, 96:1. PL 150:6. RL 180:6. RSA 466:1. 1957, 217:1. 1995, 298:1. 1996, 67:1. 1997, 273:1, eff. Jan. 1, 1998.

 

466:1-a Vaccination Required.

I. Before a license is issued under the provisions of this subdivision, the owner or keeper of a dog shall furnish to the clerk verification from a licensed veterinarian that the dog has been vaccinated against rabies in accordance with the provisions of RSA 436. Persons applying for a group license under RSA 466:6 shall also furnish to the clerk verification from a licensed veterinarian that the dogs have been vaccinated against rabies in accordance with RSA 436.

II. Notwithstanding paragraph I, if a valid rabies certificate is on file with the clerk in accordance with RSA 436:102, the owner shall not be required to produce such verification at time of licensure.

HISTORY

Source. 1967, 188:2. 1994, 353:2. 1997, 162:1, eff. Aug. 8, 1997.

 

466:1-b Rabies Certificate.

Upon receipt of a copy of a rabies certificate from a veterinarian pursuant to RSA 436:102, the clerk of the town or city shall send written notice to the owner or keeper of any unlicensed dog relative to the licensing requirements provided for in RSA 466:1. If the owner or keeper of the unlicensed dog fails to license the dog in a timely manner, the town or city clerk shall notify the local law enforcement officer of a violation of RSA 466:1.

HISTORY

Source. 1994, 353:3, eff. Jan. 1, 1995.

 

466:1-c Authorization to Issue Licenses; Local Law Enforcement Officers.

The town or city clerk may authorize a local law enforcement officer to issue licenses and collect license fees pursuant to RSA 466:4. For the purposes of this section, a local law enforcement officer means the local police department of the city or town, the dog officer in a city or town, or a humane society which performs animal control functions as may be designated by the local governing body. The town or city clerk shall determine the criteria for the receipt of funds and recordkeeping.

HISTORY

Source. 1994, 353:3, eff. Jan. 1, 1995.

 

466:1-d Lists of Licensed Dog Owners.

I. Except as provided in paragraphs II and III and RSA 466:11 and RSA 466:14, no dog registration records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.

II. Dog registration records, information, or lists may be made available pursuant to a court order or in response to a request from the state, a political subdivision of the state, the federal government, or a law enforcement agency solely for use in official business. The request shall be on a case-by-case basis. Any information, record, or list received pursuant to this paragraph shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph, except as provided in RSA 466:13.

III. Without otherwise compromising the confidentiality of the files, nothing in this section shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected, or to a person or agency attempting to provide for the welfare of an animal.

HISTORY

Source. 2007, 67:1, eff. Aug. 10, 2007.

 

466:2 Part of Year.

An owner of a dog may at any time have it licensed until the ensuing May 1; and a person becoming the owner or keeper of a dog not duly licensed after May 1 shall cause it to be registered, numbered, described and licensed as provided in RSA 466:1.

HISTORY

Source. 1891, 60:2. PL 150:7. RL 180:7.

 

466:3 Transfer.

A license duly recorded shall be valid in any part of the state, and may be transferred with the dog licensed. The clerk of the town or city may charge $1.50 to cover the cost of the tag for the new license.

HISTORY

Source. 1891, 60:7. PL 150:8. RL 180:8. RSA 466:3. 1996, 67:2, eff. Jan. 1, 1997.

 

466:4 Fees.

I.

(a) The fee for every license for a year or portion of a year shall be:

(1) $4.50 for dogs at least 4 months old but less than 7 months old which are not spayed or neutered and $4.50 for a neutered male or spayed female dog 7 months old or older; provided, however, that the owner or keeper of such spayed female dog or neutered male dog shall comply with the provisions of RSA 466:1-a to the satisfaction of the clerk of the town or city in which such dog is owned or kept; or

(2) $7 for any unneutered male or unspayed female dog 7 months old or older.

(b) In addition to the sum required in subparagraphs I(a)(1) and (2), each year the owner of each dog shall pay the clerk of the city or town where the dog is registered a companion animal population control fee of $2.

(c) The clerk shall remit all companion animal population control fees collected to the state treasurer along with the fees sent in accordance with RSA 466:9, provided that such companion animal population control fees shall be deposited into the companion animal neutering fund, established in RSA 437-A:4-a.

II. Notwithstanding paragraph I, the fee for every license for a year or a portion of a year shall be $2 for a dog of either sex if the owner is 65 years of age or older. Such owner shall not be required to pay the companion animal population control fee, under RSA 466:4, I(b), for licensing of one dog; provided, however, that, if such owner wishes to license more than one dog, the fee for any additional license shall be as provided in paragraph I.

III. Fees for dogs licensed in a commercial kennel shall be based on the numbers of dogs licensed, as in RSA 466:6 for group licenses. For purposes of this paragraph, "commercial kennel" means the establishment or domicile of any person who sells dogs at wholesale or retail; and, if retail, who sells or transfers 10 or more litters per year, or sells or transfers 50 or more puppies per year; or who derives 40 percent or more of gross annual income from the sale or transfer of dogs. The owner or keeper of any dog licensed under this paragraph shall not be assessed a companion animal population control fee.

HISTORY

Source. 1891, 60:3. 1903, 109:1. PL 150:9. RL 180:9. RSA 466:4. 1977, 356:1. 1979, 98:1. 1983, 228:1. 1986, 213:1. 1989, 157:1. 1993, 219:1, 5. 1995, 298:2; 298:3. 1996, 67:3; 242:1, 3; 242:4. 1997, 162:2; 273:3; 332:4, eff. Aug. 22, 1997.

 

466:5 Disposal of Fees.

All moneys arising from the licensing of dogs and cats, if the municipality licenses cats, remaining in the treasury of any town or city at the end of the town or city fiscal year, which is not due to holders of orders given for loss of or damages to domestic animals by dogs, or which has not been paid to the department of agriculture, markets, and food under RSA 466:9 or the state treasurer under RSA 466:4, I(c) shall be for the use of the town or city.

HISTORY

Source. 1867, 4:1. GS 105:15. 1876, 18:1. GL 115:18. PS 88:14. 1921, 85, VI:10. PL 121:17. RL 140:17. 1949, 22:1. RSA 466:5. 1995, 298:4, eff. Jan. 1, 1996.

 

466:6 Group Licenses.

I. The owner or keeper of 5 or more dogs shall annually by April 30 pay the required fee and obtain a license authorizing the owner or keeper to keep the dogs upon the premises described in the license, or off the premises while under such owner's or keeper's control. Such owner or keeper shall not be required to obtain a "commercial kennel" license under RSA 466:4, III unless such person has a commercial kennel as defined under RSA 466:4, III.

II. No town clerk shall refuse to issue a group license to an owner or keeper who has complied with the requirements of this subdivision.

III. The fee shall be $20 for the group license, $2 of which shall be remitted to the town clerk for deposit into the companion animal neutering fund, established in RSA 437-A:4-a, as the companion animal population control fee, and $18 shall be retained by the town or municipality.

IV. No fee shall be required for dogs which are under the age of 3 months.

V. Upon request, an owner or keeper shall receive numbered license tags for each dog included under the owner's or keeper's group license.

HISTORY

Source. 1909, 135:1. 1925, 97:1. PL 150:10. 1927, 61:1. 1941, 59:1. RL 180:10. RSA 466:6. 1977, 356:2. 1981, 306:2. 1986, 213:2, 3. 1987, 186:1. 1995, 298:5, 6. 1996, 242:2. 1997, 332:5, eff. Aug. 22, 1997.

 

466:6-a Breeder's Health Certificate - [Repealed 2013, 38:10, III, eff. Aug. 3, 2013.]

[Repealed 2013, 38:10, III, eff. Aug. 3, 2013.]

HISTORY

Former RSA 466:6-a, which was derived from 1977, 356:3; 1979, 24:1, 2; 1987, 186:2, 3; 1995, 130:4, 298:7; 2004, 7:3; 2007, 160:4; and 2009, 296:11, related to a breeder's health certificate.

Former Text:

I. No dog shall be transferred in the state or out of the state by a breeder without first being inoculated against infectious canine diseases using a vaccine approved by the state veterinarian and unless accompanied by an official health certificate issued by a licensed veterinarian within 14 days. Said certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be kept by the breeder of said dog for a period of at least 3 years and one copy of which shall be given to the purchaser. If an official health certificate is produced, it shall be prima facie evidence of transfer.

II. For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the breeder, the age, sex, breed and description of the dog, a list of all types of vaccines or medication administered to said dog, and the certification of the veterinarian that the dog is free from visual evidence of communicable diseases such as kennel cough (infectious tracheo bronchitis), canine distemper, and external and internal parasites (including coccidiosis).

III. No breeder shall deliver or cause to be delivered any dog less than 8 weeks of age.

IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to selling or transferring dogs except that dogs which have been imported into the state for transfer with or without a fee shall be accompanied by an official health certificate.

V. In this section, “breeder” means any person who breeds dogs for sale, gift or transfer in any manner.

V-a. The commissioner of the department of agriculture, markets, and food or designee is hereby authorized on the commissioner's own initiative or pursuant to complaints of other persons to investigate any complaints made pursuant to this section and to enforce the penalties of RSA 466:6-a, VI. The commissioner shall adopt rules under RSA 541-A relative to the procedures for such investigations.

VI.

(a) Any person who violates this subdivision shall be guilty of a misdemeanor.

(b) In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.

HISTORY

Source. 1977, 356:3. 1979, 24:1, 2. 1987, 186:2, 3. 1995, 130:4; 298:7. 2004, 7:3, eff. April 5, 2004. 2007, 160:4, eff. Aug. 17, 2007. 2009, 296:11, eff. Sept. 29, 2009.

 

466:7 Additional Charge Where Payment of License Fee is Delayed.

In addition to the license fees provided in RSA 466:4, there shall be a charge of $1 for each month or any part thereof that the fees remain unpaid if said fees are not paid before June 1 in any year.

HISTORY

Source. 1953, 39:1. RSA 466:7. 1965, 325:1. 1977, 356:4, eff. Aug. 30, 1977.

 

466:8 Exemption From.

I. No fee shall be required for the registration and licensing of a dog which has served with the armed forces of the United States and has received an honorable discharge therefrom.

II. No fee shall be required for the registration and licensing of a service animal dog as defined in RSA 167-D:1, IV. When registering and applying for a license for a dog that is a service animal, the owner or trainer shall present an identification card issued by a recognized dog training agency. If a dog has been trained by its owner and does not have an identification card issued by a recognized dog training agency or school, in order to register and license a dog that is a service animal, the dog shall pass the Assistance Dogs International Public Access Test administered by a service animal trainer, as defined in RSA 167-D:1, V, and the owner shall present a letter from a health care professional stating that the individual requires the use of a service animal to perform tasks directly related to his or her disability.

III. The owner of a dog that is a service animal may elect for the registration and licensing of such dog to be permanent and not subject to annual renewal so long as such dog has met the requirements of this section.

IV. For the purpose of this section, the town clerk of each town or municipality shall determine the process by which permanently registered dogs that are service animals will be tracked for town purposes and ensure that town service animal owners are not required to participate, in any way, with an annual renewal of such dog's registration or licensing. In cases of change of town of residency, the service animal owner shall re-register the dog at no cost. If the owner has elected to obtain a tag through the governor's commission on disability as set forth in paragraph V, the owner shall let the governor's commission on disability know of any change in town of residency.

V. Certificates and tags stamped “G C D--Permanent Registration” with a registration number shall be issued by the governor's commission on disability to those who wish to affix such a tag on their service animal's collar after registering the dog under paragraph II. Tags and certificates may be obtained directly from the governor's commission on disability which will verify with the town clerk that such dog has met the requirements under paragraph II and is duly registered and licensed by the town of residency. Tags issued by the governor's commission on disability shall not be used to verify the legitimacy or authenticity of a service animal for any purpose.

VI. Upon the death or retirement of a service animal, the owner or person in possession of the service animal tag shall immediately return the tag to the governor's commission on disability.

VII. The tag identifying a service animal shall be used only by an eligible service animal, as defined in RSA 167-D:1, IV.

VIII. The owners and trainers of dogs that are service animals shall comply with all state and local ordinances regarding rabies certification under RSA 436:102 and RSA 466:1-a.


HISTORY
Source.  1945, 102:1.   RSA 466:8 .  1955, 16:1.  1977, 542:3.  1983, 275:2.  1989, 45:9.  1990, 131:4, eff. June 18, 1990. 2012, 211:1, eff. Aug. 12, 2012.

 

466:9 Payment of Fees.

I. Clerks of the towns and cities shall issue dog licenses, receive the money for the licenses, and pay the same into the treasuries of their respective towns and cities on or before June 1 each year, retaining to their own use $1 for each license and submitting $.50 for each license to the department of agriculture, markets, and food for the purpose specified in paragraph II. The clerks shall return to their respective town or city treasurer a sworn statement of the amount of moneys thus received and paid over by them.

II. The $.50 received by the department of agriculture, markets, and food for each license issued pursuant to paragraph I shall be credited to a special nonlapsing fund to be used exclusively for the operation of the veterinary diagnostic laboratory established under RSA 436:92, and are hereby continually appropriated for such purpose to be expended under the supervision of the commissioner of agriculture, markets, and food.

HISTORY

Source. 1891, 60:5. PL 150:12. RL 180:12. RSA 466:9. 1977, 353:1. 1992, 289:10. 1994, 353:4. 1995, 130:4, 5, eff. July 23, 1995.

 

466:10 Hydrophobia Symptoms to be Printed on License.

[Repealed 1977, 30:1, eff. May 28, 1977.]

 

466:11 Records.

I. Clerks of towns and cities shall keep a record of all licenses issued by them, with the names of the keepers or owners of dogs licensed, and the names, registered numbers and descriptions of all such dogs. Clerks of towns and cities shall furnish yearly to the local governing body a list of those owners who have failed to renew their license for use in preparing the warrant of unlicensed dogs.

II. With the owner's consent, a veterinarian may report the euthanizing or death during treatment of a licensed dog to the town or city clerk in order to have the record reflect that the dog was euthanized or died. A veterinarian providing such a report may also provide the town or city clerk with the mailing and street addresses of the owner of the dog. Written reports, if any, shall be destroyed after receipt by the town or city clerk, and any resulting record reflecting the dog's death shall not specify the manner or cause of death.

HISTORY

Source. 1891, 60:5. PL 150:13. RL 180:13. RSA 466:11. 1994, 353:5, eff. Jan. 1, 1995. 2008, 42:1, eff. July 11, 2008.

Amendments--2008. Designated the existing text as paragraph I and added paragraph II.

 

466:12 Account.

Each city and town treasurer shall keep an accurate and separate account of all moneys received and expended by such treasurer under the provisions of this chapter relating to dogs and cats.

HISTORY

Source. 1891, 60:6. PL 150:14. RL 180:14. 1995, 298:8, eff. Jan. 1, 1996.

 

466:13 Forfeiture.

Whoever is the owner or keeper of a dog and who fails to license or renew the dog license pursuant to RSA 466:1 shall forfeit $25 to the town or city clerk of the municipality in which the dog is kept. If the forfeiture is not made to the town or city clerk within 15 calendar days of the notice of forfeiture, the case may be disposed of in a district court as a violation with a fine not to exceed $50, notwithstanding the provisions of RSA 651:2, IV. A forfeiture shall not relieve the owner or keeper of the requirement of proper licensing of the dog as required by RSA 466:1. This section shall also apply to cats, if the municipality licenses cats. Any forfeitures collected under this section may be retained by the city or town for the administration and enforcement of this chapter.

HISTORY

Source. 1891, 60:8. PL 150:15. RL 180:15. RSA 466:13. 1994, 353:6. 1995, 298:9. 1996, 67:4. 2001, 274:6, eff. July 16, 2001.

 

466:13-a Licensing of Cats.

The governing body of a municipality may vote to license cats in a similar manner as it licenses dogs. If a municipality elects to license cats, the same penalties shall apply for unlicensed cats as for unlicensed dogs, and the provisions of RSA 466:8 of the preceding subdivision shall not apply to cats. If a municipality elects to license cats, it shall also develop a procedure similar to the procedure in RSA 466:4, III and 466:6 for group licensure. If a municipality elects to license cats, it shall require cats to have a form of identification, including, but not limited to a tattoo, collar, surgically implanted microchip or ear tag, or any other form approved by the commissioner of agriculture, markets, and food. The commissioner of agriculture, markets, and food shall adopt rules, under RSA 541-A, relative to the forms of identification.

HISTORY

Source. 1994, 99:3. 1995, 130:5, eff. July 23, 1995. 2013, 38:9, eff. Aug. 3, 2013.

Amendments--2013. Deleted “466:6-a and” following “RSA” in the second sentence.

 

466:14 Warrants; Proceedings.

The town or city clerk shall annually, between June 1 and June 20, present to the local governing body a list of those owners of dogs that have failed to license or not renewed their dog licenses pursuant to RSA 466:1. The local governing body shall, within 20 days from June 20, issue a warrant to a local official authorized to issue a civil forfeiture for each unlicensed dog. The warrant may also authorize a local law enforcement officer to seize any unlicensed dog. The civil forfeiture may be sent by certified mail, or delivered in hand, or left at the abode of the dog owner. The cost of service shall not exceed $5 and may be recovered by the city or town in addition to the amount of the civil forfeiture. If the unlicensed dog is seized, it shall be held in a town or city holding facility for a period of 7 days, after which time full title to the dog shall pass to the facility, unless the owner of the dog has, before the expiration of the period, caused the dog to be licensed. The owner shall pay the facility a necessary and reasonable sum per day, as agreed upon by the governing body of the town or city and the facility, for each day the dog has been kept and maintained by the facility, plus any necessary veterinary fees incurred by the facility for the benefit of the dog. Before a local law enforcement officer seizes any unlicensed dog, a written warning shall be given to the dog owner.

HISTORY

Source. RS 127:5. CS 133:5. GS 105:5. GL 115:7. PS 118:8. 1891, 60:11. PL 150:18. RL 180:18. RSA 466:14. 1965, 325:2. 1967, 150:1. 1977, 559:1. 1983, 198:1. 1987, 91:1. 1994, 353:7. 1995, 298:10. 1996, 67:5. 2000, 128:1. 2001, 274:7, eff. July 16, 2001.

 

466:15 Fees.

Such officers, other than those employed under regular pay, shall receive such compensation for services performed under RSA 466:14 as may be determined by the mayor of the city or the selectmen of the town in which such dogs are seized and held.

HISTORY

Source. RS 127:5. CS 133:5. GS 105:5. GL 115:7. PS 118:8. 1891, 60:11. PL 150:19. RL 180:19. RSA 466:15. 1965, 325:3, eff. April 1, 1966.

 

466:16 Returns.

Each local law enforcement officer to whom the warrant named in RSA 466:14 is issued shall return the warrant, on or before August 31, to the local governing body issuing it and, shall state in the return the number of owners who received and paid the civil forfeiture, the number of dogs in the city or town which have been seized and held under the provisions of RSA 466:14, and the number of owners who have received summons to a district or municipal court for failure to pay the civil forfeiture pursuant to RSA 466:13 or to license the dog pursuant to RSA 466:1.

HISTORY

Source. 1891, 60:12. PL 150:20. RL 180:20. RSA 466:16. 1994, 353:8. 2000, 128:2, eff. Jan. 1, 2001.

 

466:17, 466:18 Repealed.

[Repealed 1967, 30:1, eff. May 15, 1967.]

 

466:18-a Title to Unlicensed Dogs in Humane Societies.

Whenever an incorporated society for the prevention of cruelty to animals shall keep and maintain for 7 consecutive days an unlicensed dog whose owner is unknown, full title to the unlicensed dog shall pass to the society at the end of the 7-day period, unless the owner of the dog shall, before the expiration of the period, cause the dog to be licensed and shall pay the society a necessary and reasonable fee per day for each day the dog has been kept and maintained by the society, plus any necessary veterinary fees incurred by the society for the benefit of the dog.

HISTORY

Source. 1955, 84:1. 1977, 29:2; 559:2. 1983, 198:2. 1987, 91:2, eff. July 5, 1987.

 

466:19 Liability of Owner or Keeper.

Any person to whom or to whose property, including sheep, lambs, fowl, or other domestic creatures, damage may be occasioned by a dog not owned or kept by such person shall be entitled to recover damages from the person who owns, keeps, or possesses the dog, unless the damage was occasioned to a person who was engaged in the commission of a trespass or other tort. A parent or guardian shall be liable under this section if the owner or keeper of the dog is a minor.

HISTORY

Source. 1851, 1124. CS 133:7. GS 105:7. GL 115:10. PS 118:9. PL 150:23. RL 180:23. RSA 466:19. 1989, 158:1. 1991, 213:1. 1995, 298:11, eff. Jan. 1, 1996.

 

466:20 Double Damages.

[Repealed 1985, 126:2, eff. Jan. 1, 1986.]

 

466:21 Liability of Towns or Cities. - [Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

 

466:22 Procedure to Enforce. - Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

 

466:23 Suit. - Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

466:24 Costs. - Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

466:25 Orders, How Payable. - Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

466:26 Recovery Over. - Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

466:27 Remedies. - Repealed 2011, 152:1, I-VII, eff. Aug. 7, 2011.]

 

466:28 Killing Dogs Legalized.

Any person may kill a dog that suddenly assaults the person while such person is peaceably walking or riding without the enclosure of its owner or keeper; and any person may kill a dog that is found out of the enclosure or immediate care of its owner or keeper worrying, wounding, or killing sheep, lambs, fowl, or other domestic animals.

HISTORY

Source. 1891, 60:15. PL 150:32. RL 180:32. RSA 466:28. 1991, 213:4, 1995, 298:17, eff. Jan. 1, 1996.

 

466:29 Order; Rabies Epidemic.

I. In the case of a rabies epidemic, the mayor and aldermen of a city or the selectmen of a town may order that all dogs within the limits of the city or town shall be muzzled or restrained from running at large during the time prescribed by such order. After passing the order, the governing body of such city or town shall post a certified copy of the order in 2 or more public places in the city or town, or, if a daily newspaper is published in the city or town, publish a copy at least once in the newspaper.

II. The mayor or aldermen or selectmen may issue their warrant to one or more of the police officers of such city or town who shall, after 24 hours from the publication of the notice required under paragraph I, impound all dogs found running at large contrary to such order. The dog owner shall be notified, if the owner's identity is known. Any dog impounded in accordance with this section who has been conclusively found to be rabid shall be destroyed in the most humane manner possible. After 7 consecutive days of impoundment, title of a dog shall pass to the facility holding the dog, unless the owner has claimed such dog. The owner of the dog shall be responsible for all costs associated with the impoundment of the dog under this section.

HISTORY

Source. 1891, 60:19. PL 150:33. RL 180:33. RSA 466:29. 1955, 117:1. 1989, 158:2. 1995, 298:18, eff. Jan. 1, 1996.

 

466:29-a Hearing.

[Repealed 1989, 158:8, eff. July 16, 1989.]

 

466:30 Special Notice.

I. Notwithstanding any other provisions of this chapter, it shall be unlawful for any dog to run at large, except when accompanied by the owner or custodian, and when used for hunting, for guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), for supervised competition and exhibition, or for training for such. For the purpose of this section, "accompanied" means that the owner or custodian must be able to see or hear, or both, or have reasonable knowledge of where the dog is hunting, where training is being conducted, where trials are being held, or where the dog is guarding, working, or herding livestock. Nothing herein provided shall mean that the dog must be within sight at all times.

II. In this section, "at large" means 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.

III. Any authorized person may seize, impound or restrain any dog in violation of this section and deliver said dog to a person or shelter authorized to board dogs. Such dogs shall be handled as strays or abandoned dogs pursuant to applicable laws.

IV. In addition to impounding a dog found at large or in violation of this section, any local law enforcement officer may issue, in the name of the owner or keeper of such dog, a notice of violation for a nuisance dog pursuant to RSA 466:31, II(a).

V. The provisions of this section shall not be effective in any city or town unless adopted by a city or town pursuant to RSA 466:30-b.

HISTORY

Source. 1977, 379:1. 1994, 353:9, eff. Jan. 1, 1995. 2006, 11:1, eff. March 3, 2006.

 

466:30-a Dog Control Law.

I. Notwithstanding any other provisions of this chapter, it shall be unlawful for any dog to run at large, except when accompanied by the owner or custodian, and when used for hunting, for guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), for supervised competition and exhibition, or for training for such. For the purpose of this section, "accompanied" means that the owner or custodian must be able to see or hear, or both, or have reasonable knowledge of where the dog is hunting, where training is being conducted, where trials are being held, or where the dog is guarding, working, or herding livestock. Nothing herein provided shall mean that the dog must be within sight at all times.

II. In this section, "at large" means 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.

III. Any authorized person may seize, impound or restrain any dog in violation of this section and deliver said dog to a person or shelter authorized to board dogs. Such dogs shall be handled as strays or abandoned dogs pursuant to applicable laws.

IV. In addition to impounding a dog found at large or in violation of this section, any local law enforcement officer may issue, in the name of the owner or keeper of such dog, a notice of violation for a nuisance dog pursuant to RSA 466:31, II(a).

V. The provisions of this section shall not be effective in any city or town unless adopted by a city or town pursuant to RSA 466:30-b.

HISTORY

Source. 1977, 379:1. 1994, 353:9, eff. Jan. 1, 1995. 2006, 11:1, eff. March 3, 2006.

 

466:30-b Referendum.

I.

(a) Any city or town desiring to adopt the provisions of RSA 466:30-a may do so by approving as described in paragraph II or III the following question: "Shall we adopt the provisions of RSA 466:30-a which make it unlawful for any dog to run at large, except when accompanied by the owner or custodian, and when used for hunting, herding, supervised competition and exhibition or training for such?"

(b) The ballot containing the question shall include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made in either of the squares, the ballot shall not be counted on the question.

(c) If a majority of those voting on the question vote "Yes," RSA 466:30-a shall apply within the city or town.

II.

(a) In a town, the question shall be included in the annual meeting warrant upon a vote of the selectmen or upon application of voters according to the provisions of RSA 39:3 for annual meetings.

(b) The selectmen shall hold a public hearing on the question at least 15 days but not more than 30 days before the annual meeting. Notice of the hearing shall be posted in 2 public places in the town and published in a newspaper of general circulation in the town at least 7 days in advance.

(c) Voting shall be by official ballot if that system has been adopted by the town. In other towns, voting shall be by a special ballot prepared by the clerk.

III. In a city, the question shall be placed on the official ballot for any regular municipal election upon a vote of the city council or upon submission to the city council of a petition signed by 5 percent of the registered voters.

IV. Any town or city which has adopted RSA 466:30-a may rescind its adoption by majority vote of those voting on the question submitted to the voters in the same manner as provided for adoption under paragraph II or III. The question on rescission shall read: "Shall we rescind our adoption of RSA 466:30-a concerning dog control so that it will no longer be unlawful for a dog to run at large in this town (or city)?"

V. A town or city which either does not adopt, or rescinds its adoption of, RSA 466:30-a, may adopt other ordinances pertaining to dogs running at large under RSA 31:39 or RSA 47:17, XI.

HISTORY

Source. 1977, 379:1. 1979, 14:1. 1981, 407:1, eff. Aug. 22, 1981.

 

466:31 Dogs a Menace, a Nuisance or Vicious. 

I. [Repealed.]

II. Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property under any or all but not limited to the following conditions:

(a) If a dog is "at large," which means it 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 subparagraph shall not include a dog which is being used for hunting, supervised competition, exhibition, or training for such activities if accompanied by the owner or custodian, or a dog which is guarding, working, or herding livestock, as defined in RSA 21: 34-a, II(a)(4), 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 time;

(b) If it barks for sustained periods of more than 1/2 hour, or during the night hours so as to disturb the peace and quiet of a neighborhood or area, not including a dog which is guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4);

(c) If it digs, scratches, or excretes, or causes waste or garbage to be scattered on property other than its owner's;

(d) If any female dog in season (heat) is permitted to run at large or be off the premises of the owner or keeper during this period except when being exercised on a leash by a responsible adult. At all other times such dog shall be confined within a building or enclosure in such manner that she will not come in contact (except for intentional breeding purposes) with a male dog. A female dog in heat shall not be used for hunting;

(e) If it growls, snaps at, runs after, or chases any person or persons not on the premises of the owner or keeper;

(f) If it runs after, or chases bicycles, motor vehicles, motorcycles, or other vehicles being driven, pulled or pushed on the streets, highways, or public ways;

(g) If, whether alone or in a pack with other dogs, it bites, attacks, or preys on game animals, domestic animals, fowl or human beings.

II-a. If the skin of a person has been punctured by a dog and the incident was reported, including the identity of the dog and its owner, to the animal officer, if any, or to the town clerk, such officer or clerk shall, within 24 hours, notify the injured person, or, in the case of a minor, the minor's parent or guardian, whether, according to town records, the dog has been appropriately immunized against rabies.

III.

(a) Any person who fails, by appropriate action including but not limited to restraining an animal from running at large, or otherwise effectively abating a nuisance found such under the provisions of this section, or who fails to comply with any other provisions of this section after being so ordered, shall have the person's dog taken into custody by the police of the city, constable of the town, or other person authorized by the town and such disposition made of the dog as the court may order.

(b) Notwithstanding RSA 466:31-a, if a law enforcement officer does not witness the nuisance behavior, the name of the complainant shall be released as public information before any fine under RSA 466:31-a shall be levied.

HISTORY

Source. 1951, 52:1. RSA 466:31. 1957, 148:1. 1967, 294:1. 1969, 239:1. 1973, 531:125. 1977, 222:1. 1989, 158:4. 1994, 353:10, 14, 1995, 298:20, eff. Jan. 1, 1996. 2006, 11:2, eff. March 3, 2006. 2007, 244:1, eff. Aug. 27, 2007.

 

466:31-a Penalties. 

I. Any person who violates any provision of RSA 466:31 shall be guilty of a violation; provided that if such person chooses to pay the civil forfeiture specified in paragraph II, the person shall be deemed to have waived the right to have the case heard in district or municipal court and shall not be prosecuted or found guilty of a violation of RSA 466:31. Any person who does not pay the civil forfeiture specified in paragraph II shall have the case disposed of in district or municipal court.

II. Any person who violates any of the provisions of RSA 466:31 shall be liable for a civil forfeiture, which shall be paid to the clerk of the town or city wherein such dog is owned or kept within 96 hours of the date and time notice is given by any law enforcement officer or other person authorized by the town to the owner or keeper of a dog in violation of RSA 466:31. If the forfeiture is paid, said payment shall be in full satisfaction of the assessed penalty. The forfeiture shall be in the amount as specified for the following violations:

(a) $25 for the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d); $100 for the second or subsequent nuisance offense committed within 12 months of the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d).

(b) $50 for the first menace offense under RSA 466:31, II(e) or (f); $200 for the second or subsequent menace offense committed within 12 months of the first menace offense under RSA 466:31, II(e) or (f).

(c) $100 for the first vicious offense under RSA 466:31, II(g).

(d) $400 for the second or subsequent vicious offense committed within 12 months of the first vicious offense under RSA 466:31, II(g).

III. Any person who pays a civil forfeiture specified in paragraph II 2 times in any 12-month period according to the records of the town or city clerk, may not pay a civil forfeiture for subsequent violations of RSA 466:31 in that 12-month period, but shall have those cases disposed of in district or municipal court. In the case of a vicious dog, as described by RSA 466:31, II(g), where its behavior presents a threat to public safety, immediate district court or municipal court proceedings may be initiated in lieu of the civil forfeiture.

HISTORY

Source. 1977, 222:2. 1989, 158:5, 6. 1994, 353:11, 12. 1995, 298:21, eff. Jan. 1, 1996. 2007, 244:2, eff. Aug. 27, 2007; 339:3, eff. Jan. 1, 2008.

 

466:32 Officers' Fees.

Police officers or constables shall be compensated for service under RSA 466:31 as provided in RSA 466:15.

HISTORY

Source. 1891, 60:20. PL 150:35. RL 180:35. 1953, 52:2. RSA 466:32. 1989, 158:7, eff. July 16, 1989.

 

466:33 Dogs at Large.

It shall be unlawful for the owner or custodian of any dog to permit such dog to run at large in territory inhabited by game birds or quadrupeds, or on lands where livestock is pastured, at any time of the year; provided that hares and rabbits may be hunted with dogs during the open season under the owner's control and supervision. Any organized club may hold a club licensed or sanctioned field trial on game which is otherwise protected. Said club shall secure permission from the owner of the land on which said trial is to be held, and shall notify the executive director of the fish and game department at least 2 weeks in advance of the date and place of the trial. Whoever violates the provisions of this section shall be guilty of a violation. Dogs which are guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), shall be exempt from this section.

HISTORY

Source. 1913, 143:1, 2. 1915, 14:1, 2. PL 150:36. 1933, 16:1. RL 180:36. 1947, 241:1. RSA 466:33. 1957, 154:1. 1961, 126:2; 149:1. 1971, 574:1. 1973, 531:126. 1977, 113:4, eff. June 2, 1977. 2006, 11:3, eff. March 3, 2006.

 

466:34 Pursuing Game, etc.

Any owner of a dog to whom notice has been given that such dog, when at large, has been discovered pursuing or harassing moose, caribou, deer or sheep, or injuring any domestic creature, shall be guilty of a violation for each subsequent occasion on which said dog shall be so discovered.

HISTORY

Source. 1899, 28:1. 1901, 10:11. PL 150:37. RL 180:37. RSA 466:34. 1971, 574:2. 1973, 531:127, eff. Oct. 31, 1973 at 11:59 p.m.

 

466:35 Maiming Game.

If any dog, at any time, shall maim, injure or destroy any wild animal protected by law, the owner thereof shall be fined the same amount which the statutes impose upon persons for killing the same animal contrary to law.

HISTORY

Source. 1899, 28:1. 1901, 10:1. PL 150:38. RL 180:38.

 

466:36 Killing Dogs.

Any conservation officer, state police officer, dog constable, or any New Hampshire certified police officer may kill any dog found in the act of maiming or in close pursuit of deer, moose, caribou, sheep, cattle, swine, poultry, or any domestic animal. No civil action for recovery of damages shall lie against any conservation officer, state police officer, dog constable, or any New Hampshire certified police officer while acting under authority granted herein. The owner or owners of any dog or dogs caught in the act of maiming or in close pursuit of deer, moose, caribou, sheep, cattle, swine, poultry, or any domestic animal shall be guilty of a violation and notwithstanding the provisions of Title LXII may be fined up to $500.

HISTORY

Source. 1947, 241:2. RSA 466:36. 1967, 161:1. 1971, 574:3. 1977, 588:5. 1983, 68:1, eff. July 18, 1983.

 

466:37 Official Neglect.

Any city or town officer who refuses or willfully neglects to perform the duties imposed upon such officer by this chapter relating to dogs shall be guilty of a violation, the fine to be paid to the city or town.

HISTORY

Source. 1891, 60:22. PL 150:39. RL 180:39. RSA 466:37. 1977, 588:7. 1995, 298:22, eff. Jan. 1, 1996.

 

466:38 How Recoverable.

All fines and penalties provided in this chapter relating to dogs may be recovered on complaint before a district court or municipal court in the town or county where the offense is committed.

HISTORY

Source. 1891, 60:24. PL 150:40. RL 180:40. RSA 466:38. 1957, 244:19, eff. Sept. 23, 1958.

 

466:39 City or Town Bylaws. 

The local governing body may make such additional bylaws and regulations concerning the licensing and restraining of dogs as it deems reasonable, and may affix penalties not exceeding $50 for a breach thereof. Such bylaws and regulations shall relate only to dogs owned or kept in such city or town, and the annual fee required for a license shall in no case be more than $1 in addition to the sum hereby required.

HISTORY

Source. 1891, 60:23. PL 150:41. RL 180:41. RSA 466:39. 1994, 353:13, eff. Jan. 1, 1995. 2007, 339:1, eff. Jan. 1, 2008.

 

466:40 Mutilation Prohibited.

Any person who shall crop or cut or cause to be cropped or cut off the whole or any part of the ear of a dog, unless such person is a veterinarian duly registered under the provisions of RSA 332-B and unless such operation is performed while the dog is under an anesthetic, shall be fined not more than $250.

HISTORY

Source. 1943, 141:1, par. 17-a. RSA 466:40. 1955, 129:1, eff. May 9, 1955.

 

466:40-a Possession of Cropped Dog.

The possession of a dog with an ear cropped or cut off and with a resulting wound unhealed, confined upon the premises of or in charge or custody of any person, shall be prima facie evidence of a violation of the provisions of RSA 466:40 by the person in control of such premises or the person having charge or custody, unless such person shall have in the person's possession a certificate of cropping signed by a veterinarian duly registered under the provisions of RSA 332-B certifying that the veterinarian performed the operation in accordance with the provisions of RSA 466:40, giving the date of the operation, the name of the owner of the dog and a description of the dog.

HISTORY

Source. 1943, 141:1, par. 17-a. RSA 466:40-a. 1955, 129:1. 1995, 298:23, eff. Jan. 1, 1996.

 

466:41 Exhibition of Mutilated Dogs Prohibited.

[Repealed 1955, 129:1, eff. May 9, 1955.]

 

466:42 Stealing Dogs, etc.

[Repealed 1959, 1:2, eff. April 6, 1959.]

 

466:42-a Stealing Dogs, etc.

Whoever wrongfully removes the collar from or steals a dog licensed and collared as aforesaid shall be guilty of a misdemeanor. Whoever distributes or exposes a poisonous substance with intent that the same shall be eaten by any dog shall be guilty of a misdemeanor and shall be liable to the dog's owner for its value.

HISTORY

Source. 1959, 1:1. 1969, 274:1. 1977, 588:6, eff. Sept. 16, 1977.

 

466:42-b Civil Recovery.

Whoever wrongfully kills or maims, entices or carries away a licensed dog shall be liable to its owner for its value in a civil proceeding.

HISTORY

Source. 1959, 1:1, eff. April 6, 1959.

 

466:43 List of Owners.

The assessors shall annually make a list of all dogs owned or kept in their respective city or town on April 1, with the owners' or keepers' names, and return the same to the city or town clerk on or before May 1. An owner or keeper of a dog who refuses to answer or answers falsely to the assessors relative to the ownership thereof shall be fined not less than $10 for the use of the town.

HISTORY

Source. 1891, 60:10. PL 150:17. RL 180:17.

 

466:44 Restaurants and Food Stores.

I. Except as provided in paragraph II, no person shall bring any animal into any restaurant or any store that sells food; and no person shall allow any animal to enter in any store that sells food, except for service animals as provided in RSA 167-D. Whoever violates the provisions of this paragraph shall be guilty of a violation.

II. A restaurant owner may allow his or her properly disciplined companion dog inside his or her place of business. Such dogs shall not be allowed in food preparation or production areas. A restaurant owner allowing his or her companion dog shall prominently display a sign at all public entrances advising patrons that his or her companion dog is allowed on the premises and that such dog shall be removed from any portion of the premises where members of the public are present in the event a patron with a service animal is present.


Source.  1971, 190:1.  1973, 531:128.  1983, 275:7.  1989, 45:10.  1990, 131:4, eff. June 18, 1990.  2010, 305:1, eff. Sept. 11, 2010.  2011, 170:4, eff. Jan. 1, 2012.

Amendments--2011. Substituted “service animals” for “guide dogs leading blind persons, and the hearing ear dog and the service dog” in the first sentence of par. I and substituted “service animal” for “service dog” in the third sentence of par. II.

--2010. Designated existing text par. I and, as so designated, added “Except as provided in paragraph II,” preceding “no person” and substituted “to enter in any store” for “to enter or remain in any restaurant or in any store” following “any animal” in the first sentence; substituted “paragraph” for “section” following “the provisions of this” in the second sentence; and, added par. II.

 

 

466:45 Responsibility of Cities and Towns.

Every city and town shall inform every restaurant and every store that sells food in such city or town of the provisions of RSA 466:44.

HISTORY
Source. 1971, 190:1, eff. Aug. 10, 1971.

 

466:46 Definitions.

In this subdivision:

I. "Commercial establishment" means any business operated by a person, firm, partnership, corporation or other legal entity which sells, rents, leases or otherwise transacts a retail or wholesale business with the general public.

II. "Custodian of guard dog" means any person, firm, partnership, or corporation which owns, leases or maintains a guard dog on the property of a commercial establishment to protect the establishment from unauthorized intrusion.

III. "Guard dog" means any breed of dog of either sex which is utilized to attack or repel unauthorized intruders whether on command or by instinct.

IV. "Local law enforcement authority" means the local police department of the city or town or the dog officer in a city or town, as may be designated by the city council or board of selectmen.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:47 License.

A guard dog shall be licensed pursuant to RSA 466:4.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:48 Registration.

In addition to the dog license required by RSA 466:4, no guard dog shall be used in any city or town without prior approval of the local law enforcement authority and appropriate registration with that authority.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:49 Registration Fee.

The annual registration fee for a guard dog shall be $10, paid to the local law enforcement authority for deposit in the general fund of the city or town. Each registration shall expire one year from the date of issue.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:50 Registration Requirements.

Prior to approval of the registration of any guard dog, the custodian shall provide to the local law enforcement authority satisfactory proof of the following:

I. That the premises to be guarded by the guard dog has sufficient restraining devices, such as fences or walls, to prevent access by the public during the periods that the guard dog is used to protect the premises from unauthorized entry or the escape by the guard dog from the enclosed premises.

II. That the guard dog shall be treated and maintained in a humane manner whether or not the dog is on guard duty.

III. That the custodian has liability insurance for each dog of not less than

$100,000 to protect the general public, in the event the guard dog eludes confinement and attacks and injures a person on public or private property.

IV. That the guard dog has been properly licensed pursuant to RSA 466:4.

V. That the premises to be guarded by a guard dog shall be properly posted to warn the general public with sufficient number of signs as may be required by the local law enforcement authority.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:51 Inspections.

The local law enforcement authority shall inspect the premises of each custodian of a registered guard dog during normal business hours. If conditions on said premises do not meet the requirements of RSA 466:50, the local law enforcement authority shall direct removal of the dog until the defect is corrected.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:52 Hearing.

If the custodian of a registered guard dog has had the dog's registration voided pursuant to RSA 466:51, the custodian may request in writing a hearing before the city council or board of selectmen, as appropriate, and said hearing shall be conducted within 30 days of receipt of the request for the hearing. The decision of either the city council or board of selectmen shall be final; provided, however, the custodian may appeal to the appropriate superior court within 30 days for a trial de novo.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:53 Notification to Local Agencies.

I. The local law enforcement authority shall notify the local fire department and other agencies which may need emergency access to the guarded premises, as may be appropriate, that a guard dog has been duly registered and is authorized to be in a specifically designated commercial establishment.

II. The custodian shall provide the local law enforcement authority with the name or names of persons to be contacted in the event of an emergency, who are able to control the guard dog and permit unimpeded access to the commercial establishment to handle the emergency as may be necessary.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985.

 

466:54 Penalty.

Any person, firm, partnership or corporation who violates any provision of this subdivision shall be guilty of a violation for the first offense and guilty of a misdemeanor for subsequent offenses.

HISTORY

Source. 1985, 29:2, eff. June 8, 1985. 

 

Title III. Towns, Cities, Village Districts, and Unincorporated Places.  Chapter 47. Powers of City Councils.  Bylaws and Ordinances.

47:17 Bylaws and Ordinances.  (For powers related to dogs, see XI).

The The city councils shall have power to make all such salutary and needful bylaws as towns and the police officers of towns and engineers or firewards by law have power to make and to annex penalties, not exceeding $1,000, for the breach thereof; and may make, establish, publish, alter, modify, amend and repeal ordinances, rules, regulations, and bylaws for the purposes stated in this section. Provisions in this section granting authority to establish and collect fines for certain violations shall not be interpreted to limit the authority hereunder to establish and collect fines for any other violations:

I. In General. To carry into effect all the powers by law vested in the city.

* * *

X. Stock at Large. To regulate, restrain, or prohibit the keeping or running at large of horses, cattle, sheep, swine, geese, goats and other poultry and animals, or any of them, to create the limits of districts within which the same may be kept and the conditions and restrictions under which they may be kept.

XI. Dogs. To regulate the keeping of dogs and their running at large, require them to be licensed, and authorize the destruction of those kept or running at large contrary to the ordinance.

* * *

Source. 1846, 384:17. GS 44:11. GL 48:10. PS 50:10. 1905, 10:1. 1907, 35:1. 1915, 55:1; 98:1. 1923, 15:1. PL 54:12. 1935, 117:2. 1941, 35:1. RL 66:13. RSA 47:17. 1961, 26:1. 1971, 512:9. 1981, 298:2. 1983, 166:2. 1986, 102:1. 1991, 74:1; 364:7. 1993, 183:1. 1996, 268:1, 5, eff. Aug. 9, 1996. 2006, 202:1, eff. July 30, 2006. 2007, 43:2, eff. July 20, 2007. 2009, 270:2, 3, eff. Jan. 1, 2010.

 

Title XVIII. Fish and Game.  Chapter 207. General Provisions as to Fish and Game.  Dogs.

207:11 Hunting Game.

[Repealed 1979, 5:1, eff. May 11, 1979.]

 

207:12 Training of Dogs.

[Repealed 1973, 410:2, eff. Aug. 29, 1973.]

 

207:12-a Dog Training; Fee.

I. Any person who is licensed to hunt within the state may be issued a training permit for the training of bird dogs and trail or tree hounds during the closed season on any wildlife, except deer, moose, caribou, elk, lynx, cougar, bobcat, and turkey, upon application and the payment of a fee of $5. The executive director shall adopt rules pursuant to RSA 541-A, relative to the period for the training of bear dogs. Notwithstanding the provisions of this paragraph, field trials shall be permitted pursuant to RSA 207:13.

II. Permits issued pursuant to this section shall contain information pertaining to the breed of dogs to be trained, the township and location where training is to take place, the days of the week, and times in which training will take place. Members of a bona fide dog club who maintain and stock a specific area of club grounds for the training of dogs or conducting of field trials, and whose right to use said land for this purpose is derived through ownership, lease or club-land owner agreement, shall not be required to have a permit under this section but shall be required to meet the requirements for a breeder's license as provided in RSA 212:25.

III. Dogs being trained pursuant to this section shall be accompanied by the permittee. "Accompanied" for the purpose of this section shall mean that the permittee must be able to see or hear the dog, or both, or have reasonable knowledge of where the dog is hunting. Nothing in this section shall require that the dog be within sight at all times.

IV. Anyone violating a provision of this section shall be subject to the penalty provided for in RSA 207:46 and shall, in addition, have his license to hunt suspended for a period of one year; and the license to train dogs under the permit provided for in this section shall be suspended for a period of 3 years.

V. Any protected species accidentally killed during dog training under this section shall be turned over to the fish and game department intact within 48 hours of the time of taking.

VI. Notwithstanding any other law to the contrary, the executive director of fish and game shall have the authority to issue special permits for the use of bear dogs to control agricultural and property damage.

HISTORY

Source. 1973, 410:1. 1975, 113:1. 1977, 94:1; 113:3. 1981, 498:8. 1985, 247:1. 1993, 234:1, 2. 1995, 59:2, eff. Jan. 1, 1996. 1996, 126:1, eff. Jan. 1, 1997.

 

207:12-b Restriction on Nonresident's Dog Training and Use of Dogs for Hunting.

I. Notwithstanding RSA 207:12-a, nonresidents from states or provinces or territories of Canada which allow the training or taking of bear with dogs, and who do not limit or prohibit New Hampshire residents from training or hunting bear with New Hampshire dogs, shall be the only nonresidents allowed to bring dogs into New Hampshire to train or take bear.

II. For the purposes of this section, the executive director shall determine the states, provinces or territories which prohibit or limit New Hampshire residents from the training or use of dogs for hunting bear. Such determination as to the degree of reciprocity shall be final.


Source.  1986, 100:1.  1991, 363:1, eff. July 2, 1991.  2012, 32:1, eff. July 1, 2012

 

207:12-c Use and Training of Leashed Tracking Dogs.

Notwithstanding any provision of this title to the contrary, a handler with a leashed dog may track wounded dear, moose, or bear. The executive director shall adopt rules pursuant to RSA 541-A, relative to the method and manner of take, time periods for training or using leashed tracking dogs, licensing requirements and fees, possession of recovered deer, moose, or bear, notification requirements, and other provisions deemed necessary to effectively regulate this practice. No person shall use an intact carcass of a deer, moose, or bear for training purposes, but may use samples of blood, tissue, and hide of a deer, moose, or bear legally taken or acquired in this state.

HISTORY

Source. 2006, 65:1, eff. Jan. 1, 2007.

 

207:13 Field Trials.

I. Field trials for dogs may be held at such times, in such manner, and under such restrictions, as may be prescribed by the executive director. Any person wishing to hold a field trial shall first obtain a written permit from the person on whose land it is proposed to hold the trial, present the same to the executive director, and pay a fee of $9.50, including field trials for coon dogs and such night hunts for coon dogs as authorized by paragraph II. The executive director may thereupon issue a permit for such field trial. The executive director or his duly authorized agent shall supervise the holding of such field trial, enforce the terms of the permits, and the rules for its conduct. The executive director shall adopt rules under RSA 541-A for the conduct of field trials as in his opinion are necessary to safeguard the interest of the wildlife of the state, provided that the executive director shall issue permits for beagle trials to any beagle club recognized by the American Kennel Club for trials to be run under the rules and regulations of the American Kennel Club. The fee for this permit shall not exceed $9.50. The executive director or his authorized agent shall enforce the terms of such permits.

II. The executive director shall issue permits for night hunts to any coon club recognized by the United Kennel Club. Such night hunts shall be run under the rules and regulations of the United Kennel Club. Night hunts may take place in various selected locations throughout the state except on posted lands. Anyone may participate in the night hunts.

HISTORY

Source. 1935, 124:1. RL 241:12. RSA 207:13. 1955, 78:1. 1963, 299:2. 1977, 94:2. 1978, 10:1. 1981, 498:9. 1986, 214:1, eff. Nov. 15, 1986.

 

207:13-a Signs.

Any person, when hunting with dogs is permitted, may post along highways not more than 2 signs reading "Caution Hunting Dogs". These signs shall be 12 inches wide by 12 inches high with blaze orange letters on a yellow background and must be 40 inches over-all height, and shall be posted no more than 1,000 feet apart. Such hunter shall bear the cost and maintenance of his signs and shall not block driveways, intersections or rights of way with said signs. No such signs shall be posted on private roads or lands without permission of the owner. When not hunting, the owner of said signs shall remove the same.

HISTORY

Source. 1969, 452:2, eff. Sept. 1, 1969.

 

207:13-b Treed Animals.

It shall be unlawful for any person to shoot any wildlife which has been treed or cornered by a dog, unless the owner of said dog, or a member of his hunting party, is present when the animal is shot. Persons violating the provisions of this section shall be guilty of a misdemeanor.

HISTORY

Source. 1971, 21:1. 1973, 528:113. 1977, 247:4, eff. Aug. 19, 1977.

 

Title XVIII. Fish and Game.  Chapter 210. Fur-bearing Animals.  Traps, Spring Guns, and Snares.

210:18 Damage to Domestic Animals.

Any person causing injury or damage to domestic animals, except for dogs at large pursuant to RSA 466:33, by the aid or use of traps shall be liable to the owner therefor. An injury to a licensed dog at large shall be reported to the town or city listed on the dog's tag, and to the owner of the dog if identifiable.

HISTORY

Source. 1935, 124:4. RL 244:18. 2004, 65:1, eff. July 3, 2004.

 

Title XXI. Motor Vehicles.  Chapter 264. Accidents and Financial Responsibility.  Report of Injury to Dog.

264:31 Report of Injury to Dog.

The driver of any vehicle who knowingly strikes a dog and fails to report the incident to the dog's owner or custodian or to a police officer as soon as possible, shall be guilty of a violation.

HISTORY

Source. RSA 262-A:5-a. 1977, 37:1. 1981, 146:1, eff. Jan. 1, 1982.

 

Title XL. Agriculture, Horticulture and Animal Husbandry.  Chapter 436. Diseases of Domestic Animals.  Rabies Control.

436:99 Definitions.

As used in this subdivision:

I. "Dog" shall mean any canine animal, male or female, sexed or neutered.

I-a. "Cat" shall mean any domestic feline animal, male or female, sexed or neutered.

I-b. "Ferret" shall mean any European domestic ferret (Mustela furo), male or female, sexed or neutered.

II. "Vaccination against rabies" shall mean the inoculation of a dog, cat, or ferret with a rabies vaccine licensed by the United States Department of Agriculture. Such vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine.

III. "Own," unless otherwise specified, shall mean to keep, harbor, or have control, charge, or custody of a dog, cat, or ferret. This term shall not apply to dogs, cats, or ferrets owned by others which are temporarily maintained on the premises of a veterinarian or kennel operator.

IV. "Owner" shall mean any person keeping, harboring, or having charge or control of, or permitting any dog, cat, or ferret to habitually be 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, cats, or ferrets owned by others.

V. "Stray" shall mean any dog that has wandered beyond limits of confinement or is lost and does not possess any tags of identification.

VI. "Transient dogs, cats, or ferrets" shall mean any out-of-state dog, cat or ferret temporarily housed in the state for any purpose.

VII. "Commissioner" shall mean the commissioner of agriculture, markets, and food.

VIII. "Rabies control authority" shall mean the town or city manager of the respective town or city and, in the absence thereof, the board of selectmen or mayor.

IX. "Nonbite exposure" means any scratch, abrasion, open wound, or mucous membrane contaminated with saliva or other potentially infectious material, such as brain tissue, from a cat, dog, ferret, or any other domestic or wild animal. Contact with blood, urine, or feces shall not constitute an exposure.

HISTORY

Source. 1985, 72:1. 1992, 250:1, 2. 1993, 275:1. 1995, 130:5; 202:1 to 3, eff. June 12, 1995.

 

436:100 Rabies Vaccination Required.

I. Except as provided in paragraph II, every dog, cat, and ferret 3 months of age and older shall be vaccinated against rabies. Young dogs, cats, and ferrets shall be vaccinated within 30 days after they have reached 3 months of age. Unvaccinated dogs, cats, and ferrets acquired or moved into the state shall be vaccinated within 30 days after purchase or arrival, unless under 3 months of age, as specified above. Every dog, cat, and ferret shall be revaccinated between 9 and 12 months after the initial vaccination and subsequently receive booster vaccines as outlined in the most current National Association of State Public Health Veterinarians' Compendium of Animal Rabies Prevention and Control. In rabies infected areas, dogs, cats, and ferrets recently vaccinated shall be kept under control for at least 30 days before being allowed to run free.
 
II. A rabies immunization exemption may be issued, where illness or a veterinary medical condition warrants, by the local rabies control authority upon the written recommendation of a veterinarian licensed under RSA 332-B. The recommendation shall also be signed by an American College of Veterinary Internal Medicine diplomate and the state veterinarian. The exempted animal shall be maintained in strict rabies isolation, under conditions that are at the discretion of the local rabies control authority, until such time as the medical condition has been resolved and the animal can be immunized against rabies. Exempted animals shall not be allowed outdoors without being on a leash and shall be under the direct physical control of an adult owner at all times. In addition, when the animal is outdoors, it shall be muzzled in a manner approved by the local rabies control authority. The exemption shall be valid for no more than one year from the date of the last signature on the written recommendation for exemption.
HISTORY
Source. 1985, 72:1. 1992, 250:3. 1995, 202:4, eff. June 12, 1995. 2007, 79:1, eff. Jan. 1, 2008. 2009, 296:12, eff. Sept. 29, 2009.

 

436:101 Owner's Statement.

I. Before vaccinating any dog, cat, or ferret for rabies, the veterinarian shall receive the following statement completed by the dog's, cat's, or ferret's owner in the veterinarian's presence on the same day: I, __________ (owner's name) __________, swear that to my knowledge this dog, cat, or ferret has not bitten anyone within 10 days. The veterinarian shall retain the statement in the veterinarian's files until the dog's, cat's, or ferret's next vaccination.

II. Any owner who submits a false statement shall be guilty of a misdemeanor.

HISTORY

Source. 1985, 72:1. 1992, 250:4. 1995, 202:5, eff. June 12, 1995. 

 

436:102 Duties of Veterinarian.

It shall be the duty of each veterinarian, at the time of vaccinating any dog, cat, or ferret, to complete a certificate of rabies vaccination in triplicate which includes the following information: owner's name and address, description of dog, cat, or ferret (breed, sex, markings, age, name), date of vaccination, rabies vaccination tag number, type of rabies vaccine administered, manufacturer's serial number of vaccine, and the expiration date of the vaccination. Distribution of copies of the certificate shall be: the original to the owner, one copy retained by the issuing veterinarian and, within 40 days of the vaccination, one copy to the town or city clerk where the dog, cat, or ferret is kept. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in RSA 436:100. A metal or durable plastic tag, serially numbered, shall be securely attached to the collar or harness of the dog. Whenever the dog is out-of-doors, off the owner's premises, and not under the control of the owner or handler while working the dog, the collar or harness with the vaccination tag shall be worn. For the purposes of this section, "working the dog" means a dog doing a defined functional canine activity with its owner or handler such as hunting, field work, drafting, and guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), or participating in any lawful competitive event, including, but not limited to, conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities pertinent to functional canine activities. Cats and ferrets shall not be required to wear the collar or harness with the tag.

HISTORY

Source. 1985, 72:1. 1990, 17:1. 1992, 250:5. 1994, 353:1. 1995, 202:6, eff. June 12, 1995. 2006, 11:4, eff. March 3, 2006.

 

436:103 Cost.

The cost of rabies vaccination shall be paid by the owner of the dog, cat, or ferret.

HISTORY

Source. 1985, 72:1. 1992, 250:6. 1995, 202:7, eff. June 12, 1995. 

 

436:104 Transient Dogs, Cats, or Ferrets.

The provisions of this subdivision with respect to vaccination shall apply to any dog, cat, or ferret owned by a person temporarily remaining within the state of New Hampshire, any dog, cat, or ferret brought into the state for show purposes, racing or transient hunting dogs or dogs brought into the state for field trials; each dog, cat, or ferret shall be accompanied by individual rabies certificates and tags showing date of vaccination and type of vaccine used with expiration date.

HISTORY

Source. 1985, 72:1. 1990, 17:2. 1992, 250:7. 1995, 202:8, eff. June 12, 1995.

 

436:105 Impoundment of Dog Rabies Suspects.

I. Any dog displaying symptoms which indicate a likelihood that such dog is afflicted with rabies which has bitten a person and caused a puncture of the skin or which has caused a nonbite exposure shall be immediately euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the dog and for preparing the head for shipment to the public health laboratory. If the dog is a stray, the rabies control authority shall be responsible for the expense, and such expense shall be paid from fees collected under RSA 466:4 and 466:6.

II. Any apparently healthy dog not vaccinated in accordance with RSA 436:100, or whose vaccination status is unknown which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure of such person, shall be seized and impounded under the supervision of the local authorities for a period of not less than 10 days. If, upon examination by a licensed veterinarian, the dog has no signs of rabies at the end of said impoundment, it may be released to the owner or, in the case of a stray, it shall be disposed of in accordance with applicable laws. Any illness in the dog during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the dog shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the dog. The owner shall also be responsible for any expense for euthanizing the dog and for preparing the head for shipment to the public health laboratory. If the dog is a stray, the rabies control authority shall be responsible for the expense, and such expense shall be paid from fees collected under RSA 466:4 and 466:6.

III. Except as provided in RSA 436:105-b, any healthy dog vaccinated in accordance with RSA 436:100, which has bitten any person and caused a puncture of the skin or caused a nonbite exposure, shall be confined by the owner or other responsible person as required by local authorities for a period of 10 days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the dog may be released from confinement. Any illness in the dog during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the dog shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the dog. The owner shall also be responsible for any expense for euthanizing the dog and for preparing the head for shipment to the public health laboratory. If the dog is a stray, the rabies control authority shall be responsible for the expense incurred, and such expense shall be paid from fees collected under RSA 466:4 and RSA 466:6.

HISTORY

Source. 1985, 72:1. 1992, 250:8. 1993, 275:2. 1995, 310:181. 1996, 256:1, eff. June 10, 1996. 

 

436:105-a Impoundment of Cat Rabies Suspects.

I. Any cat displaying symptoms which indicate a likelihood that such cat is afflicted with rabies which has bitten a person and caused a puncture of the skin or which has caused a nonbite exposure shall be immediately euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the cat and for preparing the head for shipment to the public health laboratory. If the owner of the cat is not known, the rabies control authority shall be responsible for the expense, and such expense shall be paid from fees collected under RSA 466:4 and 466:6.

II. Any apparently healthy cat not vaccinated or whose vaccination status is unknown which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure of the person shall be seized and, if the owner consents, impounded under the supervision of the local authorities for a period of not less than 10 days. If, upon examination by a licensed veterinarian, the cat has no signs of rabies at the end of the impoundment, it may be released to the owner. Any illness in the cat during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the cat shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the cat. If the owner of the cat is not known or if the owner does not consent to impoundment, the cat shall be euthanized upon seizure and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the cat and for preparing the head for shipment to the public health laboratory. If the owner of the cat is not known, the rabies control authority shall be responsible for the expense and such expense shall be paid from fees collected under RSA 466:4 and 466:6.

III. Any healthy cat vaccinated in accordance with RSA 436:100, which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure, shall be confined by the owner or other responsible person as required by the local authorities for a period of 10 days, at which time the cat shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the cat may be released from confinement. Any illness in the cat during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the cat shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and the impoundment of the cat, for euthanizing the cat and for preparing the head for shipment to the public health laboratory. If the owner of the cat does not consent to the confinement or if the owner of the cat is not known, the rabies control authority shall be responsible for the expense and such expense shall be paid from fees collected under RSA 466:4 and 466:6.

HISTORY

Source. 1993, 275:3. 1995, 310:181, eff. Nov. 1, 1995.

 

436:105-b Impoundment of Ferret Rabies Suspects.

I. Any ferret displaying symptoms which indicate a likelihood that such ferret is afflicted with rabies which has bitten a person and caused a puncture of the skin or which has caused a nonbite exposure shall be immediately euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the ferret and for preparing the head for shipment to the public health laboratory. If the owner of the ferret is not known, the state shall be responsible for the expense.

II. Any apparently healthy ferret not vaccinated or whose vaccination status is unknown which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure of the person shall be seized and, if the owner consents, impounded under the supervision of the local authorities for a period of not less than 10 days. If, upon examination by a licensed veterinarian, the ferret has no signs of rabies at the end of the impoundment, it may be released to the owner. Any illness in the ferret during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the ferret shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and for the impoundment of the ferret. If the owner of the ferret is not known or if the owner does not consent to impoundment, the ferret shall be euthanized upon seizure and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for euthanizing the ferret and for preparing the head for shipment to the public health laboratory. If the owner of the ferret is not known, the state shall be responsible for the expense.

III. Any healthy ferret vaccinated in accordance with RSA 436:100, which has bitten any person and caused a puncture of the skin or which has caused a nonbite exposure, shall be confined by the owner or other responsible person as required by the local authorities for a period of 10 days, at which time the ferret shall be examined by a licensed veterinarian. If no signs of rabies are observed by the veterinarian, the ferret may be released from confinement. Any illness in the ferret during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the ferret shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. It shall be the responsibility of the owner for any expense for the examination and the impoundment of the ferret, for euthanizing the ferret and for preparing the head for shipment to the public health laboratory. If the owner of the ferret does not consent to the confinement or if the owner of the ferret is not known, the state shall be responsible for the expense.

HISTORY

Source. 1995, 202:9; 310:181. 1998, 368:1, eff. Aug. 25, 1998.

 

436:105-c Police Dogs.

I. Notwithstanding RSA 436:105, III and any other provision of law to the contrary, a police dog which has bitten a person may remain in service subject to the following:

(a) The police dog shall have received its annual immunization for rabies in accordance with this chapter.

(b) The handler of the police dog shall prepare an incident report and submit the report to the appropriate law enforcement agency which shall advise the appropriate local rabies control authority. The incident report shall be confidential. The handler shall be responsible for observing the dog for 10 days after the bite occurred and shall have the dog examined by a veterinarian at the end of the 10-day period. If signs suggestive of rabies develop during the 10-day period, the dog shall be examined by a veterinarian immediately. If the dog dies or is killed during the 10-day period, the head shall be sent for examination to the public health laboratory, department of health and human services.

II. The police dog shall be limited to law enforcement duties during the 10-day period described in subparagraph I(b).

III. For the purposes of this section "police dog" means a dog employed by or on behalf of a law enforcement agency.

HISTORY

Source. 1996, 256:2, eff. June 10, 1996.

 

436:106 Handling of Dogs, Cats, and Ferrets Bitten by Rabid Animals.

In the case of dogs, cats, and ferrets known to have been bitten by a rabid animal or to have had a nonbite exposure, the following provisions shall apply:

I. UNVACCINATED DOGS, CATS, AND FERRETS.

(a) In the case of dogs, cats, and ferrets which are not vaccinated in accordance with RSA 436:100 and which have been bitten by a known rabid animal or have had a nonbite exposure, the dogs, cats, and ferrets which were bitten or exposed to rabies shall be immediately euthanized, unless the owner is unwilling as provided in subparagraph (b) of this paragraph. The owner shall be responsible for the expense of destroying and disposing of the dog, cat, or ferret. In the case of a stray dog or cat whose owner is not known, the rabies control authority shall be responsible for the expense, and such expense shall be paid from the fees collected under RSA 466:4 and 466:6. In the case of a ferret whose owner is not known, the state shall be responsible for the expense.

(b) If the owner is unwilling to destroy the dog, cat, or ferret, strict isolation of the dog, cat, or ferret, in a kennel under veterinary supervision and in cooperation with the local authorities, for a minimum of 6 months shall be enforced. The dog, cat, or ferret shall be vaccinated against rabies 30 days prior to completion of the 6-month impoundment. Any illness in the dog, cat or ferret during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the animal shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. The expense of vaccination shall be paid in advance by the owner, and the expense of impoundment shall be paid monthly in advance by the owner. In case of default in payment, the local authority may euthanize the dog, cat, or ferret after a 10-day grace period and the head shall be sent for examination to the public health laboratory, department of health and human services. The expense of euthanizing the dog, cat or ferret, for disposal of the remains, and for preparing and shipping the head, shall be the responsibility of the owner.

II. VACCINATED DOGS, CATS, AND FERRETS. If the dog, cat, or ferret is vaccinated in accordance with the provisions of RSA 436:100, the dog, cat, or ferret shall be handled as follows:

(a) The dog, cat, or ferret shall be immediately revaccinated and confined for a period of 90 days following revaccination. Any illness in the dog, cat, or ferret during confinement or before release shall be evaluated by a licensed veterinarian. If signs suggestive of rabies develop, the animal shall be euthanized and the head sent for examination to the public health laboratory, department of health and human services. The owner of the dog, cat, or ferret shall be responsible for any expense incurred. The type of confinement shall be at the discretion of the local authority. At the completion of confinement, the dog, cat, or ferret shall be examined by a licensed veterinarian and released if found by said veterinarian to be free of any signs of rabies.

(b) If the dog, cat, or ferret is not immediately revaccinated, the dog, cat or ferret shall be confined in strict isolation in a kennel for 6 months under the supervision of the local authority in cooperation with a licensed veterinarian. The dog, cat, or ferret shall be vaccinated against rabies 30 days prior to completion of the 6-month impoundment. The owner of the dog, cat, or ferret is responsible for all expenses incurred and shall pay each month in advance. If there is default in payment, the local authority may euthanize the dog, cat, or ferret after a 10-day grace period, and the head shall be sent for examination to the public health laboratory, department of health and human services. The expense of destroying the dog, cat or ferret, for disposal of the remains, and for preparing and shipping the head shall be the responsibility of the owner.

(c) The dog, cat, or ferret shall be euthanized if the owner does not comply with the provisions of subparagraph (a) or (b) of this paragraph.

III.

(a) In the case of dogs, cats, and ferrets whose vaccination status is unknown and whose owner cannot be located, the provisions of RSA 436:106, I(a) shall apply.

(b) The expense for dogs and cats shall be an expense of the rabies control authority, and such expense shall be paid from fees collected under RSA 466:4 and 466:6. The expense for ferrets shall be the responsibility of the state.

HISTORY

Source. 1985, 72:1. 1990, 17:3. 1992, 250:9. 1993, 275:4. 1995, 202:10; 310:181, eff. Nov. 1, 1995.

 

436:107 Impoundment of Dog Without Tag.

The rabies control authority shall authorize a pound or pounds, or shall enter into a cooperative agreement with a licensed veterinarian, or licensed animal shelter, for the establishment and operation of a pound. Any dog found off the owner's premises and not wearing a valid vaccination tag shall be impounded. All impounded dogs shall be given proper care and maintenance. Each impounded dog shall be kept and maintained at the pound for a minimum of 7 days unless reclaimed earlier by the owner. Notice of impoundment of all dogs, including any significant marks of identification, shall be posted at the pound as public notification of impoundment. Any unvaccinated dog may be reclaimed by its owner during the period of impoundment by payment of prescribed pound fees and complying with the rabies vaccination requirement of this subdivision within 72 hours of release. Any vaccinated dog impounded because of lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all necessary and reasonable impoundment fees prior to release. If the dog is unclaimed at the end of 7 days, the rabies control authority may dispose of the dog in accordance with applicable laws or rules.

If the dog is a stray, the town shall be responsible for the expense incurred. This section shall not apply to cats or ferrets.

HISTORY

Source. 1985, 72:1. 1990, 17:4. 1992, 250:10. 1995, 202:11, eff. June 12, 1995.

 

436:108 Enforcement.

The commissioner shall enforce the provisions of this subdivision for the control of rabies in dogs, cats, or ferrets, and shall adopt such rules, pursuant to RSA 541-A, as necessary to carry out the intent of this subdivision.

HISTORY

Source. 1985, 72:1. 1992, 250:11. 1995, 202:12, eff. June 12, 1995. 

 

436:109 Penalty.

Any person who violates the provisions of this subdivision or rule adopted under it shall be guilty of a violation.

HISTORY

Source. 1985, 72:1. 1992, 250:12, eff. Jan. 1, 1993.

 

Title XL. Agriculture, Horticulture and Animal Husbandry.  Chapter 437. Sale of Pets and Disposition of Unclaimed Animals.  Sale of Animals and Birds.

437:1 License Required.

No person, firm, corporation or other entity shall engage in the business of transferring with or without a fee or donation required, to the public, live animals or birds customarily used as household pets unless the premises on which they are housed, harbored or displayed for such purposes are duly licensed and inspected by the department of agriculture, markets, and food of the state of New Hampshire. This section shall also apply to commercial kennels and to any person, firm, corporation, or other entity engaged in the business of, including activity as a broker, transferring live animals or birds customarily used as household pets for transfer to the public, with or without a fee required, and whether or not a physical facility is owned by the licensee in New Hampshire when transfer to the final owner occurs within New Hampshire. These provisions shall not effect the provisions of RSA 437:7.
 
HISTORY

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995. 2004, 107:1, eff. Jan. 1, 2005. 2007, 160:1, eff. Aug. 17, 2007. 2009, 296:2, eff. Sept. 29, 2009.

 

437:2 Definitions.

In this chapter:

I. “Animal shelter facility” means a facility, including the building and the immediate surrounding area, which is used to house or contain animals and which is owned, operated and maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals, and also a public pound for the housing of strays or a pound operated by any person, excluding veterinarians, who contracts with a municipality to serve that function.

I-a. “Commercial kennel” means any person, business, corporation, or other entity that transfers 10 or more litters or 50 or more puppies in any 12-month period.

II. “Department” means the state department of agriculture, markets, and food.

III. “Pet shop” means any establishment licensed to keep, maintain, and transfer certain live animals, birds, and fish at retail to the public.

IV. [Repealed.]

V. “Broker” means any individual or entity acting as agent or intermediary in negotiating or transferring dogs, cats, or ferrets when transfer to the final owner occurs in New Hampshire.

VI. “Transfer” means transfer of ownership of live animals, birds, or fish from any person, firm, corporation, or other entity to a member of the public.

HISTORY

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995. 2004, 107:2, eff. Jan. 1, 2005. 2007, 160:6, eff. Aug. 17, 2007. 2009, 296:3, eff. Sept. 29, 2009. 2013, 38:1, 10, I, eff. Aug. 3, 2013.

Amendments--2013. Chapter 38:1 substituted “chapter” for “subdivision” in the introductory paragraph.

 

437:3 Licenses.

Licenses shall be valid each year from July 1 to the following June 30. Application for licenses shall be made annually in writing to the department accompanied by a fee of $200. After January 1, the fee shall be $100. Annual license renewal fee shall be $200. A license shall be issued if after inspection the department finds that the premises and cages and facilities thereon meet the proper standards for health and sanitation and that their use will not result in inhumane treatment of said animals or birds, and proof is provided with the application that the zoning enforcement official of the municipality wherein such facility is to be maintained has certified that the facility conforms to the municipal zoning regulations. Such licenses shall be in the form prescribed by the department, shall be publicly displayed at the premises covered by them, and shall be adjacent to animal display cages. Each such license shall be subject to suspension or revocation at any time by the department, if in the judgment of the department the conditions under which it was issued are not being maintained. Upon receipt of a written complaint alleging violation of this subdivision, the department shall investigate said complaint within a reasonable time. All license fees shall be deposited in the state treasury.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985. 2004, 107:3, eff. Jan. 1, 2005. 2009, 296:4, eff. Sept. 29, 2009. 2010, Sp. Sess., 1:57, eff. July 1, 2010. 2011, 224:317, eff. July 1, 2011. 2013, 38:2, eff. Aug. 3, 2013.

Amendments--2013. Amended section generally.

 

437:4 Prohibition.

No licensee under this subdivision shall transfer to any member of the public other than to a qualified veterinarian or licensed animal shelter facility any maimed, sick, or diseased animal or bird other than as permitted under RSA 437:10, II nor shall any licensee treat inhumanely any animal or bird in his or her care or possession or under his or her control.

HISTORY

Source.  1985, 72:1, eff. July 1, 1985.  2009, 296:5, eff. Sept. 29, 2009.  2012, 115:2, eff. Aug. 4, 2012. 

 

437:5 Rulemaking.

I. The department may adopt rules, under RSA 541-A, relative to health and sanitation standards to effectuate the purposes of this subdivision.

II. The rules shall also include health precautions in the case of birds and animals which are offered for transfer, displayed, kept, or placed in stores or shopping facilities where food or drink of any kind is sold, prepared or served.
 
III. Medical treatment and use of controlled drugs on any animal or bird under the care or possession or under the control of any licensee other than a veterinarian may be administered only under the direction and supervision of a veterinarian for the purposes of this subdivision.
 
HISTORY
 
Source. 1985, 72:1, eff. July 1, 1985. 2009, 296:6, eff. Sept. 29, 2009.

 

437:6 Information to be Furnished.

Any licensee hereunder shall furnish to the department such information relative to the selling, placing or giving away of animals or birds as provided herein or relative to the maintenance of the premises used for such purposes as may be required by the department.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:7 Exception.

The license provisions of this subdivision shall not apply to breeders of dogs licensed under the provisions of RSA 466:6; veterinarians; owners and operators of horse riding stables; and auctioneers, breeders or keepers of farm livestock.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:8 Inspections. 

Each licensee's facilities shall be inspected by a employee of the department or by a person appointed by the department at reasonable times determined by the department and no less frequently that once a year with the possibility of additional random inspections. Licensees without a physical facility in New Hampshire shall be exempt from facility inspection, though interstate health certificates or official health certificates for every imported dog, cat, bird, or ferret handled by the licensee shall be submitted to the department for review within one month of the date of writing of the certificate.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985. 2007, 160:2, eff. Aug. 17, 2007. 2013, 38:3, eff. Aug. 3, 2013.

Amendments--2013. Amended section generally.

 

437:9 Penalty.

I. Any person who violates any provision of this subdivision shall be guilty of a misdemeanor.

II. In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.

III. Once a license has been revoked under the provisions of RSA 437:3, the department may require that all animals and birds located on the premises for which such license was revoked shall be removed by the licensee from said premises within 3 working days after said revocation and be relocated to a safe and sanitary place approved by the department.

HISTORY
Source. 1985, 72:1, eff. July 1, 1985. 2004, 7:1, eff. April 5, 2004; 107:4, eff. Jan. 1, 2005.

 


437:9-a Notice and Hearing.

No license shall be suspended or revoked until a hearing is held before the commissioner of agriculture, markets, and food. Written notice of such a hearing shall be given to the licensee at least 10 days before said hearing. The notice shall be by certified mail and shall state the date, time, and place of hearing and set forth the charges against the licensee. Decisions of the commissioner shall be subject to rehearing and appeal in the manner prescribed by RSA 541.

HISTORY

Source. 2013, 38:4, eff. Aug. 3, 2013.

 

437:10 Dogs, Cats, and Ferrets. 

I. No dog, cat, or ferret shall be offered for transfer by a licensee without first being protected against infectious diseases using a vaccine approved by the state veterinarian. No dog, cat, bird, or ferret shall be offered for transfer by a licensee unless accompanied by an official health certificate issued by a licensed veterinarian. No transfer shall occur unless the transferred animal or bird is accompanied by a health certificate issued within the prior 14 days. Said certificate shall be in triplicate, one copy of which shall be sent to the state veterinarian, one copy of which shall be for the licensee's records, and one copy of which shall be given to the transferee upon transfer as provided in paragraph II. If an official health certificate is produced, it shall be prima facie evidence of transfer.

II. The original of the official health certificate accompanying the dog, cat, or ferret offered for transfer by a licensee shall be kept on the premises where dogs, cats, and ferrets are displayed, and made available for inspection upon request. The public will be informed of their right to inspect the health certificate for each dog, cat, or ferret by a sign prominently displayed in the area where the dogs, cats, or ferrets are displayed. Upon transfer of the dog, cat, or ferret, this health certificate shall be updated by the licensee if any other medication or treatment has been given by a licensed veterinarian or the licensee to the dog, cat, or ferret and shall be given to the transferee in addition to any other documents which are customarily delivered to the transferee. The transferee may accept a dog, cat, or ferret that has a noncontagious illness that has caused it to fail its examination by a licensed veterinarian for an official health certificate under paragraph I; the transferee shall sign a waiver that indicates the transferee has knowledge of the dog, cat, or ferret's noncontagious medical condition and then submit such waiver to the licensee who shall send a copy to the state veterinarian.

III. Animal shelter facilities, as defined in RSA 437:2, I, are exempt from the requirements of this section relative to transferring dogs, cats, and ferrets except that:

(a) All animal shelter facilities shall have on premises a microchip scanner and shall maintain a file of recognized pet retrieval agencies including but not limited to national tattoo or microchip registries.

(b) Where an owner is not known, all animal shelter facilities shall inspect for tattoos, ear tags, or other permanent forms of positive identification and shall scan for a microchip upon admission of an unclaimed or abandoned animal as defined in RSA 437:18, IV and prior to transferring ownership of an unclaimed or abandoned animal.

(c) All animal shelters shall comply with the provisions of RSA 437:10, V and RSA 437:13-a, IV.

IV. No person, firm, or corporation shall ship or bring into the state of New Hampshire, to offer for transfer in the state of New Hampshire, any cat, dog, or ferret less than 8 weeks of age. No licensee shall offer for transfer any cat, dog, or ferret less than 8 weeks of age.

V. Once a dog, cat, or ferret intended for transfer has entered the state, it shall be held at least 48 hours at a facility licensed under RSA 437:1 or at a facility operated by a licensed veterinarian separated from other animals on the premises before being offered for transfer.

HISTORY

Source. 1985, 72:1. 1995, 202:13, eff. June 12, 1995. 1998, 368:3, eff. Aug. 25, 1998. 2002, 13:1, eff. May 24, 2002. 2007, 160:5, eff. Aug. 17, 2007. 2009, 296:7, eff. Sept. 29, 2009. 2012, 115:1, eff. Aug. 4, 2012. 2013, 38:5, 6, eff. Aug. 3, 2013.

Amendments--2013. Paragraph I: Chapter 38:5 amended the first sentence generally to create the first and second sentences, and inserted the third sentence.

Paragraph III(c): Chapter 38:6 substituted “RSA 437:10, V and RSA 437:13-a, IV” for “RSA 437:10, V, RSA 437:13-a, IV, and RSA 466:6-a, IV”.

 

437:11 Importation and Sale Violation.

In addition to the penalty specified in RSA 437:9, any person, firm or corporation may have the license for a pet shop suspended or revoked by the commissioner of agriculture, markets, and food for violation of this subdivision.

HISTORY
Source. 1985, 72:1. 1995, 130:5; 202:14, eff. June 12, 1995. 2009, 296:8, eff. Sept. 29, 2009.

 

437:12 Notice and Hearing - [Repealed 2013, 38:10, II, eff. Aug. 3, 2013.]

[Repealed 2013, 38:10, II, eff. Aug. 3, 2013.]

HISTORY

Former RSA 437:12, which was derived from 1985, 72:1 and 1995, 130:5, related to the required notice and hearing preceding a license suspension or revocation.

Former Text:

No license shall be suspended or revoked until a hearing is held before the commissioner of agriculture, markets, and food. Written notice of such a hearing shall be given to the licensee at least 10 days before said hearing. The notice shall be by certified mail and shall state the date, time and place of hearing and set forth the charges against the licensee. Decisions of the commissioner shall be subject to rehearing and appeal in the manner prescribed by RSA 541.

HISTORY

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

 

437:13 Examination by Licensed Veterinarian.

Within 14 days of transfer, the transferee of a dog, cat, or ferret from a licensee may have the dog, cat, or ferret examined by a licensed veterinarian selected by the transferee and, unless said examination indicates the dog, cat, or ferret to be free of disease, the transferee shall be entitled to substitution or, at the transferee's option, a full refund of the purchase price of the dog, cat, or ferret, if applicable, upon return of the dog, cat, or ferret to the licensee within 2 business days of said examination, accompanied by the veterinarian's certificate.

HISTORY
Source. 1985, 72:1. 1995, 202:15, eff. June 12, 1995. 2009, 296:9, eff. Sept. 29, 2009.

 

437:13-a Health Certificate for Dogs, Cats, Birds, and Ferrets 

I. No dog, cat or ferret shall be transferred by any person in the state or out of the state for a fee without first being inoculated against infectious diseases using a vaccine approved by the state veterinarian. No dog, cat, bird, or ferret shall be transferred by any person in the state or out of the state for a fee unless accompanied by an official health certificate issued by a licensed veterinarian within 14 days. Said health certificate shall be in triplicate, of which one copy shall be sent to the state veterinarian in accordance with RSA 437:8, one copy shall be kept by the person transferring ownership of said dog, cat, bird, or ferret for a period of at least 3 years, and one copy shall be given to the new owner.

II. For purposes of this section, an official health certificate means a certificate signed by a licensed veterinarian on a form approved by the state veterinarian, containing the name and address of the person transferring ownership of the dog, cat, bird, or ferret, the age, sex, breed, and description of the dog, cat, bird, or ferret, a list of all types of vaccines or medication administered to the dog, cat, bird, or ferret, and the certification of the veterinarian that the dog, cat, bird, or ferret is free from visual evidence of any communicable diseases or internal or external parasites.

III. No person shall transfer or cause to be transferred any dog, cat, bird, or ferret less than 8 weeks of age.

IV. All incorporated or chartered humane societies with operating shelters in the state of New Hampshire are exempt from the requirements of this section relative to transferring dogs, cats, birds, or ferrets except that all dogs, cats, birds, or ferrets transferred out of an animal shelter facility shall have a form of positive identification, including but not limited to a tattoo, collar, microchip, ear tag, or any other permanent form of identification approved by the commissioner of agriculture, markets, and food and dogs, cats, and ferrets shall be vaccinated against rabies in accordance with RSA 436. All dogs, cats, birds, or ferrets shall be accompanied by an official health certificate if the dog, cat, bird, or ferret was imported into the state for transfer with or without a fee.

V. The commissioner of the department of agriculture, markets, and food or designee is hereby authorized on the commissioner's own initiative or pursuant to complaints of other persons to investigate any complaints made pursuant to this section and to enforce the penalties of RSA 437:13-a, VI. The commissioner shall adopt rules under RSA 541-A relative to the procedures for such investigations.

VI. (a) Any person who violates this subdivision shall be guilty of a misdemeanor.

(b) In addition, any person or owner who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.

HISTORY

Source. 1987, 186:4. 1995, 130:4. 1998, 368:4, eff. Aug. 25, 1998. 2004, 7:2, eff. April 5, 2004. 2007, 160:3, eff. Aug. 17, 2007. 2009, 296:10, eff. Sept. 29, 2009. 2013, 38:8, eff. Aug. 3, 2013.

Amendments--2013. Paragraph I: Amended the first sentence generally to create the first and second sentences and substituted “dog, cat, bird, or ferret” for “cat” in the third sentence.

Paragraph II: Substituted “dog, cat, bird, or ferret, the age, sex, breed, and description of the dog, cat, bird, or ferret,” for “cat, the age, sex, breed and description of the cat,”; substituted “dog, cat, bird, or ferret,” for “cat,”; substituted “dog, cat, bird, or ferret” for “cat,”; and, added “or internal or external parasites” following “diseases”.

Paragraph III: Substituted “dog, cat, bird, or ferret” for “cat”.

Paragraph IV: Amended generally to create first and second sentences.

 

437:14 Artificial Coloring.

No chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially shall be sold or offered for sale; raffled; offered or given as a prize, premium, or advertising device; or displayed in any store, shop, carnival, or other public place.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:15 Sale or Gift of Small Quantities.

Rabbits younger than 4 weeks of age shall not be sold or offered for sale; raffled; or offered or given as a prize, premium, or advertising device.

HISTORY
Source.  1985, 72:1, eff. July 1, 1985.  2012, 82:1, eff. July 22, 2012.

 

437:16 Conditions of Keeping and Display.

Stores, shops, vendors, and others offering chicks, ducklings, goslings, or rabbits younger than 4 weeks of age for sale, raffle, or as a prize, premium, or advertising device, or displaying chicks, ducklings, goslings, or rabbits to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, goslings, or rabbits in good health, and shall keep adequate food and water available to the birds or animals at all times.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:17 Penalty.

Any person, firm, or corporation violating any of the provisions of this subdivision shall be guilty of a violation; provided that after any violation has been called to the attention of the violator by any law enforcement officer, each day on which such violation continues or is repeated shall constitute a separate offense.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:17-a Monk Parakeets.

Monk parakeets (Myiopsitta monachus), also known as quaker parrots, may be possessed and sold within the state.

HISTORY

Source. 2011, 116:1, eff. July 30, 2011.

 

437:18 Definitions.

As used in this subdivision, unless the context otherwise requires:

I. "Animal" means a domestic animal, a household pet, or a wild animal in captivity.

II. "Owner" means the person having the right of possession of an animal, whether such right was acquired by gift, purchase, or other means.

III. "Animal care center" means any veterinary establishment, humane society, boarding kennel, or other center providing care and treatment for animals.

IV. "Abandoned animal" means:

(a) Any animal whose owner neglects or refuses to reclaim it within 7 days after the mailing of the notification provided for in RSA 437:19.

(b) Any animal left in an animal care center by a person unknown or by an owner who, when leaving the animal, gives a false name or false address.

(c) Any ferret in the custody of the animal care center for at least 7 days.

(d) Any cat in the custody of the animal care center for at least 7 days which has a form of positive identification including, but not limited to a tattoo, collar, microchip, eartag, or any other form of identification approved by the commissioner of agriculture, markets, and food pursuant to rules adopted under RSA 466:13-a.

V. "Operator" means the director, manager, veterinarian, or other person charged with the supervision of an animal care center.

HISTORY

Source. 1985, 72:1. 1998, 368:2, eff. Aug. 25, 1998.

 

437:19 Notice to Owner; Reclaiming of Animals.

The operator of an animal care center having custody of an animal, the owner of which has refused or neglected to reclaim the animal for a period of 7 days, or has refused or neglected to pay the just fees and charges due for boarding, grooming, surgical, medical or other care of the animal for a period of 7 days, shall notify the owner by certified mail of the intention of the operator to treat the animal as an abandoned animal within the meaning of this subdivision if the owner does not reclaim the animal or pay the charges and fees within 7 days after the mailing of the notification. Any cat not licensed in accordance with RSA 466:13-a and which is reclaimed from an animal care center shall be released to the owner only upon proof of a current, valid rabies vaccination or upon being vaccinated against rabies in accordance with RSA 436.

HISTORY

Source. 1985, 72:1. 1998, 368:5, eff. Aug. 25, 1998.

 

437:20 Disposition of Abandoned Animals.

Ownership of an animal shall vest in the operator of the animal care center having custody thereof upon determination that the animal has been abandoned under the provisions of this subdivision, and the operator may dispose of such abandoned animal in any lawful manner as if he were its rightful owner.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:21 Duty of Operator.

It shall be the duty of the operator of an animal care center, when taking custody of an animal, to advise its owner of the provisions of this subdivision.

HISTORY

Source. 1985, 72:1, eff. July 1, 1985.

 

437:22 Experimentation and Vivisection Prohibited.

I. It shall be unlawful for any agent acting on behalf of an animal shelter facility as defined in RSA 437:2, I, or an animal care center as defined in RSA 437:18, III, to give, release, sell, trade or transfer with or without a fee any live animal brought, caught, detained, obtained or procured by any means, to any association, corporation, individual, educational institution, laboratory, medical facility, or anyone else, for the purpose of experimentation or vivisection.

II. All animals which are put to death by an animal control officer, humane retaining facility, animal care facility, or agents acting on behalf of such a facility shall be put to death humanely using a method approved by the commissioner of the New Hampshire department of agriculture, markets, and food.

III. Any person who violates the provisions of paragraphs I or II shall be guilty of a misdemeanor.

HISTORY

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.

 Title XL. Agriculture, Horticulture and Animal Husbandry.  Chapter 437-A. Animal Population Control.

437-A:1 Definitions.

In this chapter:

I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.

II. "Department" means the department of agriculture, markets, and food.

III. "Fund" means the companion animal neutering fund established in RSA 437-A:4-a.

HISTORY

Source. 1993, 219:3. 1995, 130:4; 154:1, II. 1997, 332:2, eff. Aug. 22, 1997.

 

437-A:2 Program Established.

The department shall establish and implement an animal population control program. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them permanently sexually sterilized, thereby reducing potential threats to public health and safety from mid-Atlantic rabies and other sources. The program shall not begin operation until June 1, 1994. The commissioner shall make an annual report relative to the progress of the program beginning on September 1, 1994, to the president of the senate, the speaker of the house and the governor.

HISTORY

Source. 1993, 219:3, eff. Jan. 1, 1994.

 

437-A:3 Eligibility of Owner of Dog or Cat to Participate.

I. A resident of the state who owns a dog or cat and who is eligible for one of the following programs shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of $25:

(a) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977 (7 U.S.C. section 2011 et seq.) and RSA 161:2, XIII.

(b) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act (42 U.S.C. section 1381 et seq.).

(c) The Temporary Assistance for Needy Families Act established pursuant to 42 U.S.C. section 601 et seq. and RSA 161-B.

(d) The aid to the needy blind program established under RSA 161:2, V.

(e) The medicaid program established under RSA 167.

(f) The old age assistance program established under RSA 167.

(g) The aid to the permanently and totally disabled program established under RSA 167.

II. Dogs and cats imported from out of state into New Hampshire animal shelters or adoption agencies shall not be eligible for this program.

HISTORY

Source. 1993, 219:3, eff. Jan. 1, 1994. 2002, 161:1, eff. July 1, 2002. 2004, 61:1, eff. Jan. 1, 2005. 2005, 194:1, eff. July 1, 2005. 2009, 98:1, eff. Jan. 1, 2010.

Amendments--2009. Deleted existing text of par. I, redesignated existing text of par. II as par. I and added par. II.

 

437-A:4 Veterinarian Participation.

I. Any veterinarian licensed in this state may participate in the program established under this chapter. A veterinarian shall file with the commissioner an application on which such veterinarian shall supply, in addition to any other information requested by the commissioner, a fee schedule listing the fees charged for animal sterilization, examination, and the presurgical immunizations specified in RSA 437-A:4, II(b) in the normal course of business. The animal sterilization fee may vary with the animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. A fee shall be determined unreasonable if the fee is more than 20 percent greater than the average fee of all those who have applied to participate in the program for the following calendar year. Any application submitted after January 1 will be judged against the existing average for that calendar year.

II. (a) The commissioner shall reimburse, to the extent funds are available, participating veterinarians for 80 percent of the fee, less payment paid by the owner to the veterinarian as provided in RSA 437-A:3, for each animal sterilization procedure administered. To receive this reimbursement, the veterinarian shall submit an animal sterilization certificate which shall be signed by the veterinarian and the owner of the animal.

(b) For all animals sterilized under RSA 437-A:3, the commissioner shall also reimburse, to the extent funds are available, any licensed veterinarian of this state participating in such program for an examination fee and the presurgical immunization of dogs and cats against rabies. Reimbursement for the full cost of the presurgical immunization shall be made by the commissioner to the participating veterinarian upon the written certification, signed by the veterinarian and the owner of the animal, that the immunization has been administered. There shall be no additional charges to the owners of animals sterilized under RSA 437-A:3 for examination fees or the presurgical immunization.

HISTORY

Source. 1993, 219:3. 2000, 134:1, eff. July 7, 2000. 2008, 60:1, eff. July 20, 2008. 2009, 98:2, eff. Jan. 1, 2010. 2012, 171:22, eff. Aug. 10, 2012.

Amendments--2012. Paragraph I: Added the fifth and sixth sentences.

 

437-A:4-a Fund Established; Solicitation and Acceptance of Funds.

I. Any veterinarian licensed in this state may participate in the program established under this chapter. A veterinarian shall file with the commissioner an application on which such veterinarian shall supply, in addition to any other information requested by the commissioner, a fee schedule listing the fees charged for animal sterilization, examination, and the presurgical immunizations specified in RSA 437-A:4, II(b) in the normal course of business. The animal sterilization fee may vary with the animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. A fee shall be determined unreasonable if the fee is more than 20 percent greater than the average fee of all those who have applied to participate in the program for the following calendar year. Any application submitted after January 1 will be judged against the existing average for that calendar year.

II. (a) The commissioner shall reimburse, to the extent funds are available, participating veterinarians for 80 percent of the fee, less payment paid by the owner to the veterinarian as provided in RSA 437-A:3, for each animal sterilization procedure administered. To receive this reimbursement, the veterinarian shall submit an animal sterilization certificate which shall be signed by the veterinarian and the owner of the animal.

(b) For all animals sterilized under RSA 437-A:3, the commissioner shall also reimburse, to the extent funds are available, any licensed veterinarian of this state participating in such program for an examination fee and the presurgical immunization of dogs and cats against rabies. Reimbursement for the full cost of the presurgical immunization shall be made by the commissioner to the participating veterinarian upon the written certification, signed by the veterinarian and the owner of the animal, that the immunization has been administered. There shall be no additional charges to the owners of animals sterilized under RSA 437-A:3 for examination fees or the presurgical immunization.

HISTORY

Source.  1993, 219:3.  2000, 134:1, eff. July 7, 2000.  2008, 60:1, eff. July 20, 2008.  2009, 98:2, eff. Jan. 1, 2010.  2012, 171:22, eff. Aug. 10, 2012.

 

437-A:5 Rulemaking.

The commissioner shall adopt rules pursuant to RSA 541-A relative to:

I. Format and content of all forms required under this chapter.

II. Proof of eligibility under RSA 437-A:3, I.

II-a. Administration of the fund established under RSA 437-A:4-a.

III. [Repealed.]

HISTORY

Source.  1993, 219:3.  1997, 332:3, eff. Aug. 22, 1997.  2009, 98:3, eff. Jan. 1, 2010.  2012, 171:26, XXI, eff. Aug. 10, 2012.

Amendments--2009. Paragraph II: Substituted “3, I” for “3, II” following “437-A:3”.

 

437-A:6 Enforcement; Administrative Fine.

Any person who knowingly falsifies proof of eligibility for, or participation in, any program under this chapter, who furnishes any licensed veterinarian with inaccurate information concerning the ownership of an animal submitted for a sterilization procedure, who furnishes the commissioner with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to this chapter or who violates any provision of this chapter or rule adopted under this chapter may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.

HISTORY

Source. 1993, 219:3, eff. Jan. 1, 1994.

 

437-A:7 Committee Established; Membership. - [Repealed 2010, 368:1(31), eff. Dec. 31, 2010.]

 

437-A:8 Duties. - [Repealed 2010, 368:1(31), eff. Dec. 31, 2010.]

 

437-A:9 Report. - - [Repealed 2010, 368:1(31), eff. Dec. 31, 2010.]

 

Title LII. Actions, Process, and Service of Process.  Chapter 508. Limitation of Actions.

508:18-a Law Enforcement Agencies; Limitation on Liability for Injuries Caused by Dogs Used in Law Enforcement Work.

No law enforcement officer or agency shall be held liable for damages resulting from injuries caused by a dog used in law enforcement work provided that:

I. The officer and the dog have completed training together and received certification from a nationally recognized organization required for police work or other law enforcement work or from the New England State Police Administrators Compact;

II. The injury arises out of law enforcement conduct within the provisions of RSA 627:5, I and II; and

III. The law enforcement agency using a dog in enforcement work has adopted a written policy on the necessary and appropriate use of a dog for the work enumerated in paragraphs I and II. Said written policy shall be available for public inspection at any time.

HISTORY

Source. 2001, 284:1, eff. Jan. 1, 2002. 2011, 36:1, eff. May 9, 2011.

Amendments--2011. Paragraph I: Inserted “or from the New England State Police Administrators Compact” following “enforcement work”.

 



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