4.04.010 Authority [Amended, November 22, 2010]
4.04.020 Definitions [Amended, November 22, 2010]
4.04.030 Dogs a Menace, a Nuisance or Vicious [Amended, November 22, 2010]
4.04.040 Impoundment [Amended, November 22, 2010]
4.04.050 Notice To Owner, Redemption [Amended, November 22, 2010]
4.04.060 Removal of Excrement [Amended, November 22, 2010]
4.04.070 Control of Dogs in Public Parks [Amended, November 22, 2010]
4.04.080 Registration and Licensing [Amended, November 22, 2010]
4.04.090 Restraint Required [Amended, November 22, 2010]
4.04.100 Examination of Dog [Amended, November 22, 2010]
4.04.110 Violations and Penalties [Amended, November 22, 2010]
Dog Control - Generally
At a general town meeting in March 1972, the Town of Milford, New Hampshire, enacted the following ordinance in accordance with NH RSA 31:39 and any other applicable chapters or amendments thereto of the New Hampshire Revised Statutes Annotated 1955. (Ord. 2010-011 amended 11-22-10)
A. “Accompanied” The owner or custodian must be able to see and hear the dog, or have reasonable knowledge of where the dog is, and shall be able to immediately recall the dog by hand or voice command.
B. “Animal” Every non-human species of animal, both domestic and wild.
C. “Animal Control Officer: Any person designated by the State of New Hampshire as a person who is qualified to perform such duties under the laws of this state and this ordinance.
D. “At Large” Off the premises of the owner or keeper, unless accompanied by the owner or keeper. At no time, shall any dog be permitted on the private property of another landowner, without permission of said landowner or person.
E. “Dog” Both male and female dogs.
F. “Owner” Shall mean any person keeping, harboring or having charge or control of, or being lodged or fed within such person’s residence, yard or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises dogs owned by others.
G. “Nuisance” As defined in NH RSA 466:31 II (a), (b), (c), or (d).
H. “Menace” As defined in NH RSA 466:31 II (e), or (f).
I. “Vicious” As defined in NH RSA 466:31 II (g).
(Ord. 2010-011 amended 11-22-10; Ord. 3-7-72 (D, E, & F))
A. Under this section, a dog is considered to be a nuisance, a menace, or vicious to persons or to property under any or all but not limited to the following conditions:
1. Nuisance Offense - If a dog is "at large,'' which means it is off the premises of the owner or keeper and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog, unless accompanied by the owner or keeper. This subparagraph shall not include a dog which is being used for hunting, supervised competition, exhibition, or training for such activities if accompanied by the owner or keeper or a dog which is guarding, working, or herding livestock, as defined in NH RSA 21:34-a, II(a)(4), meaning that the owner or keeper must be able to see or hear the dog, or have reasonable knowledge of where the dog is hunting or herding, or where training is being conducted or where trials are being held, provided that such dog does not have to be within sight at all time;
2. Nuisance Offense - If it barks for sustained periods of more than 1/2 hour, or during the night hours so as to disturb the peace and quiet of a neighborhood or area, not including a dog which is guarding, working, or herding livestock, as defined in NH RSA 21:34-a, II(a)(4);
3. Nuisance Offense - If it digs, scratches, or excretes, or causes waste or garbage to be scattered on property other than its owner's;
4. Nuisance Offense - 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 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;
5. Menace Offense - If it growls, snaps at, runs after, or chases any person or persons not on the premises of the owner or keeper;
6. Menace Offense - 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;
7. Vicious Offense - If, whether alone or in a pack with other dogs, it bites, attacks, or preys on game animals, domestic animals, fowl or human beings.
a. If the skin of a person has been punctured by a dog and the incident was reported, including the identity of the dog and its owner, to the animal control officer, if any, or law enforcement officer, they shall, within 24 hours, notify the injured person, or, in the case of a minor, the minor's parent or guardian, whether, according to town records, the dog has been appropriately immunized against rabies.
8. Any person who fails, by appropriate action including but not limited to restraining an animal from running at large, or otherwise effectively abating a nuisance found such under the provisions of this section, or who fails to comply with any other provisions of this section after being so ordered, shall have the person's dog taken into custody by a law enforcement officer of the town, or other person authorized by the town and such disposition made of the dog as the Milford District court may order.
9. Notwithstanding NH RSA 466:31-a, if a law enforcement officer does not witness the nuisance behavior, the name of the complainant may be released as public information before any fine under NH RSA 466:31-a shall be levied. (Ord. 2010-011 amended 11-22-10; Ord. 3-7-72 (I & IV))
It shall be the duty of every law enforcement officer or animal control officer so designated, to apprehend any dog running at large contrary to the provisions of Chapter
4.04.030 I (a) and to impound such dog at the Bedford Animal Rescue League. (Ord. 2010-011 amended 11-22-10)
4.04.050 Notice To Owner, Redemption
If such dog shall be impounded, the owner thereof shall be notified forthwith. The owner of any dog so impounded may reclaim such dog upon payment of all costs and charges incurred by the Town of Milford for the impounding and maintenance of such dog, including a pickup and transportation fee as defined in Milford Municipal Code Appendix A – Fees. Any dog so impounded which is not licensed and whose owner is unknown after a seven day period may be surrendered to an appropriate agency capable of assessing the dog for adoption or other appropriate actions suitable to its temperament and/or physical condition. Any dog which appears to be suffering from rabies or affected with hydrophobia or other infections or dangerous disease, shall not be released, but may be forthwith destroyed. (Ord. 2010-011 amended 11-22-10)
4.04.060 Removal of Excrement
It shall be unlawful for the owner or person in control of any dog to allow that dog to appear in any public place or upon the property of any other person, unless said owner or person in control has in his or her possession a mechanical or other device for the removal of excrement (i.e., a plastic bag, excrement scooper, etc.); nor shall said owner or person in control, fail to expeditiously remove any such excrement deposited by said dog in any such place. This ordinance shall not apply to a blind person while walking his or her guide dog. Violations of this Section shall be subject to penalties as prescribed under Section 4.04.110 - Violations and Penalties. (Ord. 2010-011 amended 11-22-10)
A. Leash Only Parks - It shall be unlawful for the owner or person in control of any dog to allow that dog to appear in the public lands of Adams Field (M/L 42-10), Emerson Park (M/L 25-28), Kaley Park (M/L 31-32), Keyes Park (M/L 25-133), and Shepard Park (M/L 31-33), unless said owner or person in control has the dog securely and physically attached via a leash or other sturdy tether no longer than 16 feet and capable of restraining said dog.
B. Cemeteries - Dogs are not permitted in public cemeteries except for guide dogs leading blind persons, hearing ear dogs and other service dogs as provided in NH RSA 167-D.
C. Conservation Lands/Areas - Dogs, and other pets, are allowed on Conservation Lands (i.e., Hitchiner Town Forest; which includes open fields (M/L 46-2), Mayflower Hill Town Forest (M/L 8-92), Mile Slip Town Forest (M/L 55-5) unless otherwise posted, with the following restrictions; pets must be under the control of the owner or handler at all times (on or off leash) and pet waste must be removed from the conservation area as further described in 4.04.060.
D. Parks Where Dogs Are Not Allowed - It shall be unlawful for any dog to appear in the public lands of MCAA Fields on North River Road (Russ Monbleau Athletic Complex) (M/L 8-11) except for guide dogs leading blind persons, hearing ear dogs and other service dogs as provided in NH RSA 167-D.
E. All Other Public Areas – On all other public lands not listed in 4.04.070 (A), (B), &
(C) (i.e., Bicentennial Park (M/L 25-33), BROX Property (M/L 38-58) it shall be permissible for the owner or person in control of any dog to allow that dog to appear in the public on or off lead, leash, or tether provided they remain under the control of said person by means of personal presence, and or mechanical means (i.e., leash, electronic remote control device) and are able to provide attention as will reasonably control the conduct of such dog, unless otherwise posted in specific areas within a park.
F. Enforcement and Penalties – Enforcement of section 4.04.070 shall be primarily undertaken by Park Rangers, Recreation Department, Department of Public Works, or Administration Department employees, and law enforcement officers as available, Violations of this Section shall be subject to penalties as prescribed under Section 4.04.110.
(Ord. 2010-011 amended 11-22-10)
A. Procuring License; Tag – Every owner or keeper of a dog 4 months old or over shall annually, cause it to be registered, numbered, described, and licensed for one year in the town clerk’s office, and shall cause it to wear around its neck a collar to which shall be attached a metal tag with the following information thereon: designation that the dog is registered in Milford, year of issue of license and its registered number. Regardless of when the license is obtained, the license shall be effective from May 1 of each year to April 30 of the subsequent year as further detailed in NH RSA 466.
B. Vaccination Required – Before a license is issued under the provisions of this subdivision, the owner or keeper of a dog shall furnish to the clerk verification from a licensed veterinarian that the dog has been vaccinated against rabies in accordance with the provisions of NH RSA 436. Persons applying for a group license under NH RSA 466:6 shall also furnish to the clerk verification from a licensed veterinarian that the dogs have been vaccinated against rabies in accordance with NH RSA 436. If a valid rabies certificate is on file with the clerk in accordance with NH RSA 436:102, the owner shall not be required to produce such verification at time of licensure.
C. Rabies Certificate. – Upon receipt of a copy of a rabies certificate from a veterinarian pursuant to NH RSA 436:102, the clerk of the town or city shall send written notice to the owner or keeper of any unlicensed dog relative to the licensing requirements provided for in NH RSA 466:1. If the owner or keeper of the unlicensed dog fails to license the dog in a timely manner, the town or city clerk may notify the local law enforcement officer of a violation of NH RSA 466:1.
D. Fees. – The registration fees for dogs are regulated by NH RSA 466.
(Ord. 2010-011 amended 11-22-10)
4.04.090 Restraint Required
Any person upon learning that a dog owned by them or kept in their custody has bitten any person shall forthwith confine and restrain said dog from running at large for a period of ten (10) days and shall, as soon as possible, notify the Milford Police Department. (Ord. 2010-011 amended 11-22-10)
4.04.100 Examination of Dog
It shall be unlawful for any person to kill or dispose of a dog owned by them or kept in their custody which has bitten a person until they have notified the Milford Police Department or the Health Officer and until these officials have had an opportunity to examine the dog. (Ord. 2010-011 amended 11-22-10)
A. Any person who violates any provision of Chapter 4.04.030 shall be guilty of a violation; provided that if such person chooses to pay the civil forfeiture specified in 4.04.110-A:I the person shall be deemed to have waived the right to have the case heard in the Milford District Court and shall not be prosecuted or found guilty of a violation of Chapter 4.04.030. Any person who does not pay the civil forfeiture specified in 4.04.110-A:I shall have the case disposed of in the Milford District Court.
1. Any person who violates any of the provisions of Chapter 4.04 shall be liable for a civil forfeiture, which shall be paid to the Milford Town Clerk within 96 hours of the date and time notice is given by any law enforcement officer or other person authorized by the town to the owner or keeper of a dog in violation of Chapter 4.04. If the forfeiture is paid, said payment shall be in full satisfaction of the assessed penalty. The forfeiture shall be in the amount as specified for the following violations:
a. For the first nuisance offense under Chapter 4.04.030-A:I, II, III or IV the fine shall be as defined in Milford Municipal Code Appendix B – Fines; for the second or subsequent nuisance offense committed within 12 months of the first nuisance offense under Chapter 4.04.030-A:I, II, III or IV the fine shall be as defined in Milford Municipal Code Appendix B – Fines.
b. For the first menace offense under Chapter 4.04.030-A:V or VI the fine shall be as defined in Milford Municipal Code Appendix B – Fines; for the second or subsequent menace offense committed within 12 months of the first menace offense under Chapter 4.04.030-A:V or VI the fine shall be as defined in Milford Municipal Code Appendix B – Fines.
c. For the first vicious offense under Chapter 4.04.030-A:VII the fine shall be as defined in Milford Municipal Code Appendix B – Fines. For the second or subsequent vicious offense committed within 12 months of the first vicious offense under Chapter 4.04.030-A:VII the fine shall be as defined in Milford Municipal Code Appendix B – Fines.
2. Any person who pays a civil forfeiture specified in 4.04.110-A:I two times in any 12-month period according to the records of the town clerk, may not pay a civil forfeiture for subsequent violations Chapter 4.04 in that 12month period, but shall have those cases disposed of in Milford District Court. In the case of a vicious dog, as described by Chapter 4.04.030A:VII, where its behavior presents a threat to public safety, immediate Milford District Court proceedings may be initiated in lieu of the civil forfeiture.
a. Any person who does not pay the civil forfeiture specified above shall have the case disposed of in the Milford District Court.
(Ord. 2010-011 amended 11-22-10; Ord. 3-7-72 (part))