[Adopted 8-12-1966; amended 9-1-1983; 3-16-1985]
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 control
of the owner or a responsible person.
All dogs kept, harbored, or maintained by their owners in the Town of
Derry shall be licensed and registered as specified in the Revised Statutes
Annotated of the State of New Hampshire. 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 Dog 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 Dog Officer,
shall select a suitable place of confinement for impounded animals. "Suitable"
shall include good food, care and treatment.
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 Humane 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 the sum of $10 for the
first twenty-four-hour period or any part thereof the dog is held and $5 for
each twenty-four-hour period or any part thereof that the dog is held thereafter;
provided, however, that before release to any person, if the dog is not licensed,
a license as required by the Town of Derry shall be secured.
The sums collected pursuant to the provisions of this article shall
be accounted for and paid over to the Town Treasurer.
Any dog which has been impounded and has not been redeemed by the owner
shall be turned over to the nearest Animal Rescue League, 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 League is unwilling or unable to accept custody of such dog or dogs,
said dog or dogs shall be disposed of as directed by the Town Council in writing.
The Town Council shall appoint a Dog Officer and shall determine the
amount of his/her pay. Said Dog Officer shall be selected from candidates
having a knowledge of animals and their care. It shall be the duty of the
Dog Officer to enforce the provisions in this article and perform such other
duties in respect thereto as the Town Council shall determine. The Dog Officer
shall be appointed as a special policeman.
Any person found violating any of the provisions of this article shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than $10 nor more than $20 for such offense.
The Town of Derry hereby ordains that it shall be unlawful to feed waterfowl
on or from Town-owned property surrounding Beaver Lake and its outlets.