[HISTORY: Adopted by the Town of Merrimack at the general
election 11-4-1980; last amended by Town Council 12-21-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 142.
Notwithstanding any provisions of RSA 466, it shall be unlawful
for any dog to run at large, except when accompanied by the owner
or custodian, and when used for hunting, for guarding, working, or
herding livestock, as defined in RSA 21:34-a, II(a)(4), for supervised
competition and exhibition, or for training for such. For the purpose
of this section, "accompanied" means that the owner or custodian must
be able to see or hear, or both, or have reasonable knowledge of where
the dog is hunting, where training is being conducted, where trials
are being held, or where the dog is guarding, working, or herding
livestock. Nothing herein provided shall mean that the dog must be
within sight at all times.
As used in this chapter, the following terms shall have the
meanings indicated:
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 custodian.
Any authorized person may seize, impound or restrain any dog
in violation of this chapter and deliver said dog to a person or shelter
authorized to board dogs. Such dogs shall be handled as strays or
abandoned dogs pursuant to applicable laws.
It shall be the duty of each person who owns, possesses or controls
a dog to remove and dispose of 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 remove and
dispose of any feces left by his/her dog on any private property neither
owned nor occupied by said person.
In addition to and in accordance with New Hampshire RSA 466:31-a,
Penalties, impounding a dog found at large or in violation of this
chapter, any law enforcement officer may issue in the name of the
owner or keeper of such dog a notice of violation. Such notice shall
impose upon the owner or keeper of such a dog a forfeiture of $25
for the first offense and $50 for the second offense. Third and subsequent
offenses shall be handled in the 9th Circuit District Division, Merrimack
Court. Fines must be paid to the Merrimack Town Clerk within 96 hours
of the date and time notice is given, in full satisfaction of the
assessed penalty. In the event such penalty is not paid to the Merrimack
Town Clerk within the time limitations specified, a summons shall
be issued for appearance in Merrimack District Court, and any person
found guilty of violating the provisions of this section shall be
guilty of a violation.
The provisions of this chapter were adopted by the Town pursuant
to RSA 466:30-b.
