At a general Town Meeting on the ninth day of March 1994, the
Town of Hampton, New Hampshire, enacted the following chapter in accordance
with RSA 31:39 and any other applicable chapters or amendments thereto
of the New Hampshire Revised Statutes Annotated 1955.
As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL
Every nonhuman species of animal, both domestic and wild.
ANIMAL CONTROL OFFICER
Any person designated by the State of New Hampshire, Town
of Hampton, or humane society as a person who is qualified to perform
such duties under the laws of this state and this chapter.
ANIMAL SHELTER
Any facility operated by a humane society, Town agency or
its authorized agents for the purpose of impounding animals under
the authority of this chapter or state law for care, confinement,
return to owner, adoption, or euthanasia.
DOMESTIC ANIMAL
Any horses, cattle, hogs, sheep or any animal used for work
or food production.
GROOMING SHOP
A commercial establishment where animals are bathed, clipped,
or otherwise groomed.
KENNEL
Any premises where three or more dogs, 10 weeks in age or
older, are boarded, bred, raised, trained, or kept.
OWNER
Any person, partnership, or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored
if it is fed or sheltered for three consecutive days or more.
PET ANIMAL
Any animal kept for pleasure and companionship.
PET SHOP
Any person, partnership or corporation, whether operated
separately or in connection with another business (except for a licensed
kennel), that buys, sells, or boards any species of animal.
PUBLIC NUISANCE
Any animal or animals deemed to be a public nuisance, a menace,
or vicious, in that they unreasonably annoy humans, endanger the life
or health of other animals or persons, or substantially interfere
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance animal" shall mean
and include, but is not limited to, any animal:
A.
If it barks for sustained periods of time or during the night
hours so as to disturb the peace and quiet of a neighborhood or area.
B.
If it digs, scratches, or excretes or causes waste or garbage
to be scattered on property other than its owner's.
C.
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 a 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.
D.
If it growls, snaps at, runs after or chases any person or persons.
E.
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.
F.
If, whether alone or in a pack with other dogs, it bites, attacks,
or preys on game animals, domestic animals, fowl or human beings.
RESTRAINT
Any animal secured by a leash or lead under the control of
a responsible person and obedient to that person's commands or
within the real property limits of the owner.
SECURE ENCLOSURE
A fence or like enclosure, properly constructed of strong
material, which is not likely to fail and which is well maintained
to prevent the escape of the animal or entry by an unauthorized person.
The enclosure shall display proper and reasonable signs that warn
persons in the immediate vicinity of the danger that exists within
the enclosure.
VETERINARY HOSPITAL
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
VICIOUS ANIMAL
Any animal that attacks, bites, or injures human beings or
domesticated animals without adequate provocation or which, because
of temperament, conditioning, or training, has a known propensity
to attack, bite, or injure human beings or domesticated animals.
WILD ANIMALS
Any living member of the animal kingdom, including those
born or raised in captivity, except the following: domestic dogs,
domestic cats, farm animals, rodents, and species of common cage birds.
This chapter shall take effect upon its passage.
[Amended 3-14-2017 ATM,
Art. 38, ballot vote: Yes 2,600, No 381]
A. No person who is the owner, keeper, trainer or person in charge of
a dog or other animal, temporarily or otherwise, permit such animal
to defecate in violation of the provisions of this Chapter without
the necessary actions to immediately remove such defecate in a safe
and sanitary manner.
B. Defecation removed in compliance with the provisions of this Chapter
shall be placed in a plastic bag or similar container and placed in
a solid waste container for disposal at a solid waste facility.
C. Disposing of animal defecation by being placed in or transported
to a public or private sewer, storm drain or storm drainage system,
or any part thereof, whether public or private shall be a violation
of this Ordinance.
D. Any person found to have placed any animal defecation in a public
or private sewer, storm drain or storm drainage system shall be fined
$1,000 for each such action and shall be responsible for all costs
incurred in the cleaning of the system up and until it passes any
test required under State and Federal Storm Water Quality requirements
or regulations.