[HISTORY: Adopted by the Board of Selectmen of the Town of
Hudson 8-1-1973 by Ord. No. 68; amended in its entirety 8-10-2021. Subsequent
amendments noted where applicable.]
This chapter is adapted pursuant to RSA 31:39 and RSA 466:39.
The authority under this chapter is in addition to any other generally
applicable law.
A.
AT-LARGE
LEASH
DOG
OWNER
KEEPER
VICIOUS DOG
As used in this section, the following terms shall have the meanings
indicated:
Not under the control of the owner or keeper by a leash.
Electronic devices are not considered a form of physical restraint.
A chain, rope, or strap, not to exceed six feet, attached
to the collar or harness of a dog and used to lead it or hold it in
check by a physically able, competent person.
Shall include any animal of the canine species whether licensed
or unlicensed, including any animal which is considered to be a wolf-hybrid
as defined in RSA 466-A.
Shall include any person or persons, firm, association or
corporation owning, keeping or harboring a dog. The owner identified
on any current dog license shall be prima facie evidence of the ownership
of the dog.
Any person or persons, firm, association or corporation who
or which has temporary control or responsibility for a dog with the
permission of the owner.
dog that, without provocation, attacks or bites a person
or other domestic animal.
B.
At-large prohibited.
(1)
Prohibition. Except as exempted below, no person or keeper shall
permit a dog owned or kept by him/her to be at large as defined by
this section or to trespass upon the property of another, private
or public, to include Town-owned or school district property.
(2)
Exemptions. A dog shall not be deemed at-large if it is:
(a)
On the premises of the dog's owner;
(b)
On the premises of the person under whose control the dog is
supervised;
(c)
On the premises of another person as long as that person has
given permission for the dog to be at large;
(d)
In any designated off-leash dog area regulated by the Town of
Hudson. Designated off-leash areas shall be any Town property posted
under the authority of the Board of Selectmen as an off-leash area
(e)
A working service dog for a disabled person (see ADA).
(f)
Assisting a police officer who is engaged in law enforcement
duties, to include training and exhibitions.
(3)
No defense. Failure of a keeper to comply with this provision
shall not relieve the owner of responsibility for compliance.
C.
Dog waste.
(1)
Duty to dispose. It shall be the duty of each person who owns,
possesses or controls a dog to immediately remove any feces left by
his/her dog on any sidewalk, street or other public area. It shall
further be the duty of each person who owns, possesses or controls
a dog to immediately remove any feces left by his/her dog on any private
property neither owned or occupied by said person, unless said private
property owner or occupant agrees otherwise. Disposal of such feces
shall be in a manner consistent with all applicable laws.
(2)
Duty to possess means of removal/disposal. No person who owns,
possesses or controls such dog shall appear with such dog on any sidewalk,
street, park or other public area without the means of removal of
any feces left by such dog. Disposal of such feces shall be in a manner
consistent with all applicable laws.
(3)
Exemption. Compliance with this regulation is not required by
any handicapped person who, by reason of his/her handicap, is physically
unable to comply with this subsection
D.
Conduct in off-leash areas.
(1)
Voice control and observation on public property. Every person who allows a dog to be off-leash in a designated area under Subsection B(2)(d) above shall maintain voice control over the dog and shall keep the dog under observation at all times. The following also shall apply:
(a)
Dogs must wear current license tags and rabies vaccination tags.
(b)
Children 10 years or younger are not allowed in the off-leash area.
(c)
All handlers must be 18 or older.
(d)
Children 11 through 17 must be accompanied and supervised by an adult.
(e)
No female dogs in season (heat) are allowed in the off-leash area.
1) g) h) i)
(f)
No prong or choke collars on dogs in the off-leash area.
(g)
No animals other than dogs are permitted in the off-leash area.
(h)
No more than two dogs to any one handler at a time in the off-leash
area.
(i)
No vicious dogs allowed in the off-leash area.
A.
All dogs
which are found running at large will be picked up by the Animal Control
Officer and held for a period of seven days. If the dog has an identification
tag or license, the owner will be notified immediately and will have
seven days in which to claim the dog.
B.
At the
expiration of the seven-day holding period, any unclaimed dog shall
be disposed of at the discretion of the Animal Control Officer.
C.
Animals
and fowl.
(1)
Any
animal or fowl found running at large, and not under the control of
its owner or keeper, may be taken into custody by the Hudson Animal
Control Officer or a Hudson police officer. The officer shall make
reasonable efforts to notify the owner or keeper of the animal or
fowl before seizing it.
(2)
Any
animal or fowl that is seized for running at large by the Hudson Animal
Control Officer or a Hudson police officer, where the owner or keeper
cannot be identified or located, may be placed by the Town in an appropriate
shelter or boarding facility. Any unclaimed animal may be disposed
of by such facility in accordance with applicable law. The owner or
keeper of the animals or fowl shall be responsible for all damages
and expenses incurred in the capturing, transporting and holding of
the at-large or seized animal, boarding costs, and any medical care
required by the holding facility, whether the animal is claimed or
not.
A.
ANIMAL
AT-LARGE ANIMAL
BARKING DOG
FOWL
INCESSANT
INTERMITTENT
NOISY ANIMAL
NOISY FOWL
OWNER/KEEPER
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Means and includes any domestic animal, including any pet,
livestock, bovine animal, horse, mule, burro, sheep, goat, swine or
other animal, except a dog or cat.
Off the premises of, and not physically restrained by, the
owner/keeper.
A dog that barks, bays, cries, howls or makes any noise common
to the species. NOTE: Anytime between 9:00 p.m. and 7:00 a.m. or between
7:00 a.m. and 9:00 p.m. when the sound is plainly audible incessantly
for more than 10 minutes or intermittently for more than 30 minutes,
regardless of whether the animal/fowl or dog is physically situated
in or upon private property.
Means and includes any rooster, chicken, duck, turkey, poultry,
goose or other domestic fowl.
Continuing or following without interruption: unceasing.
NOTE: Merriam Webster.
Coming and going at intervals: not continuous. NOTE: Merriam
Webster.
An animal that makes any noise or sounds common to the species.
NOTE: Anytime between 9:00 p.m. and 7:00 a.m. or between 7:00 a.m.
and 9:00 p.m. when the sound is plainly audible incessantly for more
than 10 minutes or intermittently for more than 30 minutes, regardless
of whether the animal/fowl or dog is physically situated in or upon
private property.
Fowl that make any noise or sounds common to the species,
including but not limited to: squawk, quack, crow, or related noises.
NOTE: Anytime between 9:00 p.m. and 7:00 a.m. or between 7:00 a.m.
and 9:00 p.m. when the sound is plainly audible incessantly for more
than 10 minutes or intermittently for more than 30 minutes, regardless
of whether the animal/fowl or dog is physically situated in or upon
private property.
Any person, firm, corporation, organization, or department
possessing, harboring, keeping, having an interest in, or having control
or custody of an animal. The occupant of any premises on which a domesticated
animal remains, or to which it customarily returns, for a period of
10 days or more shall also be deemed to be the owner. This does not
include a person caring for a feral cat as a feral cat caregiver.
B.
At-large
animal/fowl prohibited. No owner/keeper owning or having charge of
any animal or fowl shall permit the same to be at large on any highway,
street, sidewalk, lane, alley or other public place, or upon any private
property other than that of the owner unless such owner or person
having charge of such animal or fowl has the consent of the owner
of the private property. The mere fact that the animal as defined
shall be off the property of its owner or keeper and not under control
of its owner or keeper shall be construed as prima facie evidence
of a violation of this chapter.
C.
Noisy animal/fowl
and barking dogs prohibited. No owner/keeper owning or having charge
of any animal or fowl shall permit the same to make noise or for a
dog to bark in the manner defined above. Each occurrence of a violation,
or, in the case of continuous violations, each day (twenty-four-hour
period) a violation occurs or continues, constitutes a separate offense
and may be addressed separately.
D.
Exclusions.
(1)
An
animal or fowl shall not be deemed a "noisy animal/fowl" for purposes
of this section if: at any time the animal/fowl is creating a noise
disturbance, a person is trespassing upon private property in or upon
which the animal/fowl is situated; or the animal/fowl is being teased
or provoked; or the animal/fowl was responding to pain or injury;
or was protecting itself, its living space, its offspring or a person
from an actual threat.
(2)
A dog
shall not be deemed a "barking dog" for purposes of this section if,
at any time the dog is barking, a person is trespassing upon private
property in or upon which the dog is situated; or when the dog is
being teased or provoked; or responding to pain or injury; or was
protecting itself, its kennel, its offspring or a person from an actual
threat.
(3)
Agricultural
properties or activities: This section shall have no application to
noises or disturbances made by livestock, fowl, or other animals emanating
from an legitimate agricultural activity or legitimate farming operation
(per RSA 21:34-a, RSA 432, and RSA 674:32-(a-d) nor shall it apply
to a properly permitted animal shelter established for the care and/or
placement of unwanted or stray animals, nor a properly zoned commercial
boarding kennel or other permitted animal facility.
E.
How to
report a noisy animal/fowl/barking dog.
(1)
If
a person is disturbed by a noisy animal/fowl or barking dog that violates
this chapter, then that person may make a report to the Hudson Animal
Control Division. ("Noise" below includes barking dogs.)
(2)
Before
submitting a complaint, it is recommended that the person suffering
the disturbance contact the person responsible for the animal or for
the property where the animal is kept, and notify them that their
animal's noise is causing a disturbance. Sometimes the responsible
person is unaware of the noise and grateful for the opportunity to
address the issue. Experience shows that attempting to resolve a disturbance
informally may avoid escalating tensions with one's neighbors.
(3)
To
report a noisy animal, the complainant must provide an affidavit sworn
to before a notary. The sworn affidavit must include the following
information: the complainant's name, address and phone number; provide
the address where the disturbance occurred; provide the date and time
when the disturbance occurred; indicate whether the noise qualifies
as "incessant" or "intermittent" as explained above; and describe
the animal. The initial report should also identify the person responsible
for the animal and the property where the animal is kept. Only one
complaint per household per incident. A complaint should not be submitted
unless the violation has been documented by recording the date(s),
the time(s) of the noise and their duration and the complainant can
show the noise is either incessant or intermittent as explained and
defined above.
(4)
After
an investigation of the complaint, the Animal Control Officer, or
other officer, may give a warning letter to the owner at the address
identified in the initial report and inform them of the complaint.
The responsible person has 15 days after receiving the warning letter
to abate the noise by ensuring the noise does not continue,
Failure to pay any of the fines or fees in § 205- 9 will
result in the issuance of a summons, and the owner will be required
to appear in Nashua District Court and be subject to such fines and/
or other measures as the Court shall deem appropriate.
