[HISTORY: Adopted by the Town of Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-1966; amended 9-1-1983; 3-16-1985; 6-18-2024]
As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:
DOG
Both male and female, whether altered or not.
OWNER
Any person or persons, firm, association or corporation owning, keeping, harboring or assuming the care of a dog.
RUNNING AT LARGE
Off the premises of the owner or keeper and not under the immediate control of the owner or keeper of a responsible age.
All dogs kept, harbored, or maintained by their owners/keepers in the Town of Derry shall be licensed and registered as specified in the Revised Statutes Annotated of the State of New Hampshire RSA 466:1. No person under the age of 18 shall be permitted to so license or register unless said person has been emancipated.
It shall be unlawful to permit any dog to run at large. See definition. This section shall not prohibit the use of hunting dogs in the Town for hunting or training purposes, provided that the dog is accompanied by and under the control of a person actually engaged in the pursuit of game or training the dog or dogs concerned.
It shall be the duty of the Animal Control Officer and every police officer to apprehend any dog found running at large contrary to the provisions of § 20-3 and impound such dog in a suitable place as provided herein.
The Town Council, with the assistance and cooperation of the Chief of Police, shall select a suitable place of confinement for impounded dogs. "Suitable" shall include shelter, food, and care.
If such dog has upon it the name or address of the owner, or such name or address is otherwise known or obtainable, then the Animal Control Officer shall notify the owner within 24 hours after seizure of such dog. Notice of impounding shall be in writing or by telephone or other means to reduce the period of impoundment and shall be construed as having been given at the time of posting of a letter or notice to the owner either verbally or otherwise. If the dog impounded does not have the name or address of the owner, and if the owner is not otherwise known, then no notice shall be necessary. The owner of any dog so impounded may reclaim said dog upon payment of a pickup fee for the first twenty-four-hour period or any part thereof that the dog is held and additional fees as noted in § 20-7 for each twenty-four-hour period or any part thereof that the dog is held thereafter. In the event that the dog is not licensed or the owner or keeper cannot show proof of a current rabies vaccination, these requirements shall be satisfied as required by NH RSA 437:19.
Fines may be issued as authorized by NH RSA 466:31 for dogs at large, a menace, nuisance or vicious. A pickup fee determined by the current Derry fee schedule will be assessed for a dog at large for the first 24 hours of impoundment. If the dog remains impounded beyond 24 hours, fees determined by the current Derry Fee schedule per day may be charged. The fees collected pursuant to the provisions of this article shall be accounted for and paid over to the Town Clerk.
Any dog which has been impounded and has not been redeemed by the owner shall be turned over to the nearest animal rescue organization, provided that any such dog shall be held for at least seven days after impounding and, in those cases where it is required that notice be given the owner, held for at least seven days after the required notice has been given. In the event the animal rescue organization is unwilling or unable to accept custody of such dog or dogs, as in the case of a vicious dog, said dog or dogs shall be disposed of by the Animal Control Officer.
The Town Administrator shall appoint the Animal Control Officer from qualified candidates or from within the department, upon recommendation of the Chief of Police. It shall be the duty of the Animal Control Officer to enforce the provisions in this article and perform such other duties in respect thereto as the Chief of Police shall determine.
[Adopted 4-4-1995]
A. 
Any person found to be feeding or providing food for waterfowl upon any Town-owned land or structure surrounding Beaver Lake or its outlets shall be guilty of a violation and may be fined up to $100.
B. 
Providing food, for the purpose of this article, shall mean making food available or accessible to waterfowl on or from Town property on Beaver Lake.