[HISTORY: Adopted by the Town of Rye as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Town Meeting 3-12-2019 by Art. 27 (Ord. No. 36)]
This article applies to the Town forest, Town beaches, Town
property and other public places.
This article is enacted pursuant to RSA 41:11-a, Board of Selectmen's
authority to manage Town property, and RSA 31:39, I(b), Authority
of towns to make bylaws for the prevention of going at large of horses
and other domestic animals in any public place in the Town.
It shall be unlawful for any dog to run at large in the Town
forest, on Town beaches, on Town property or in other public places,
if the dog is not under control as defined below. Any dog not under
control needs to be immediately leashed.
As used in this article, the following terms shall have the
meanings indicated:
Any person or persons accompanying a dog, whether or not
said person(s) is the owner of the dog.
The dog is off the premises of the owner or responsible party
and is not under the voice control and sight control of any persons
responsible for the dog.
The dog always being within the sight of the responsible
party.
A dog returning within three calls to and remaining by the
side of the responsible party, in response to the responsible party's
command for the dog to return.
It also shall be unlawful:
A.
The Animal Control Officer or any police officer shall have the authority
to enforce this article. The Board of Selectmen may empower the Animal
Control Officer to serve notice of forfeiture (citation) relating
to animal control and may also empower the Animal Control Officer
to investigate all reports of violations involving animals in violation
of this article.
B.
Any duly authorized officer may issue, in the name of the owner or
custodian of such dog, a notice of violation for a nuisance dog pursuant
to RSA 466:31, II(a).
C.
A person found guilty of violating this article shall be subject
to a fine or penalty of not more than $100 for each dog found to be
in violation, not to exceed $1,000.
[Amended 3-10-2020 by Art. 28]
Should any section or provision of this regulation be held to
be invalid or unconstitutional such holding shall not affect, impair
or invalidate any other section or provision of this regulation, and
to such end all sections and provisions of this regulation are declared
to be severable.
This article shall be effective upon publication by the Town
Clerk.
[Adopted by Board of Selectmen 5-13-2019 (Ord. No. 35)]
This article applies to the Rye Town Forest. This article does
not apply to service dogs as defined by RSA 167-D:1 or any dog employed
by or acting on the behalf of law enforcement.
This article is enacted pursuant to RSA 41:11-a, Board of Selectmen's
authority to manage Town property.
As used in this article, the following terms shall have the
meanings indicated:
Male or female dog, neutered or spayed, including puppies.
A strap or cord for restraining and guiding a dog or other
animal no longer than six feet in length, to include a retractable
leash.
Any person, group, association or organizations maintaining,
keeping, caring for, harboring or owning a dog.
All dogs accompanying an owner/custodian in the following parts
of the Town forest (see attached aerial photo/map)[1] shall be secured by a leash and under the control of its
owner or other custodian and which is held by a person reasonably
capable of physically restraining the dog.
A.
Zone A: from the kiosk at the entrance to the Town forest off the
Parsons Field access road (A1 on the attached aerial photo/map, 43°
0.77' N, 70° 46.08' W) to the junction of the Orange
and Blue Trails (A2 on the attached aerial photo/map, 43° 0.62'
N, 70° 45.95' W).
B.
Zone B: from a point (B1 on the attached aerial photo/map, 43°
0.51' N, 70° 45.64' W) on the trail near the Rye Cemetery
parking circle that runs to and along the Green Trail to the property
boundary between the Lebosquet property and the Connell Easement (B3
on the attached aerial photo/map, 43° 0.66' N, 70° 45.48'
W) and also Zone B from a point on the trail that begins in the Rye
Recreation parking lot (B2 on the attached aerial photo/map, 43°
0.43' N, 70° 45.60' W) to the intersection of the Green
Trail (B4 on the attached aerial photo/map, 43° 0.51' N,
70° 45.65' W).
[1]
Editor's Note: See the Leash Zones Map included as an attachment to this chapter.
A.
The Animal Control Officer or any police officer shall have the authority
to enforce this article. The Board of Selectmen may empower the Animal
Control Officer to serve notice of forfeiture (citation) relating
to animal control and may also empower the Animal Control Officer
to investigate all reports of violations involving animals in violation
of this article.
B.
Any duly authorized officer may seize, impound, or restrain any dog
in violation of this article and deliver such dog to a person or shelter
authorized to board dogs. Such dogs shall be handled as strays or
abandoned dogs pursuant to applicable laws.
C.
In addition to impounding a dog found in violation of this article,
any duly authorized officer may issue, in the name of the owner or
custodian of such dog, a notice of violation for a nuisance dog pursuant
to RSA 466:31, II(a).
D.
A person found guilty of violating this article shall be subject
to a fine or penalty of not more than $100 for each dog not on a leash,
not to exceed $1,000 for each violation.
[Amended 3-10-2020 by Art. 28]
Should any section or provision of this regulation be held to
be invalid or unconstitutional such holding shall not affect, impair
or invalidate any other section or provision of this regulation, and
to such end all sections and provisions of this regulation are declared
to be severable.
This article shall be effective upon publication by the Town
Clerk.
