[HISTORY: Adopted by the City of Rochester 6-6-1995 as § 28.3 and Ch. 29 of the 1995 Code. Amendments noted where applicable.]
Parks, recreation and Arena — See Ch. 158.
The Animal Control Officer shall be appointed by the City Manager in accordance with the provisions of Section 15 of the Rochester City Charter. The Animal Control Officer shall be sworn in by the Chief of Police as the Animal Control Officer. The Animal Control Officer's salary shall be established by the Merit Plan adopted pursuant to Section 60 of the Rochester City Charter.
The Animal Control Officer shall attend to all complaints pertaining to dogs and other animals, shall investigate and report on all damage caused by dogs and other animals, shall enforce the licensing laws, and shall enforce all other statutes which are violations, ordinances, and regulations pertaining to dogs and other animals. The Animal Control Officer shall pick up and dispose of all dead animals found upon public property. The Animal Control Officer shall have the power to issue complaints and make arrests in the performance of the Animal Control Officer's duties.
No person shall permit any dog to run at large within the City of Rochester, except when such dog is engaged in hunting, herding, supervised competition and exhibition or training for such. This section shall apply to all public places and to all private property. Except as provided for herein, no person shall permit any dog to be out of doors off the owner's property unless said dog is on a leash held by a person able to control the dog.
For the purposes of this section, the term "running at large" shall mean running without the property owned or otherwise controlled by the owner, while not on a leash held by a person able to control the dog.
Note: For state statutes relative to control of dogs, see RSA 466, all provisions of which have been adopted by the City of Rochester, effective November 1980.
This section and any penalties established herein are adopted and/or imposed pursuant to the authority granted in RSA 466:39 and 47:17, II and XV.
Under this section, an animal is considered to be a nuisance if:
Any animal or bird causes frequent, or long continued, noise which disturbs the comfort or repose of any person in a neighboring premises, not including a dog which is guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4).
A person who is the owner, keeper, or person in control of an animal found to be a nuisance by reason of conduct contrary to the provisions of Subsection B above, and who fails to comply with an order to abate the nuisance caused by such animal, shall be guilty of a violation of this section and, after conviction, such person shall be subject to such penalties as are provided for in this chapter.
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/her possession a mechanical or other device for the removal of excrement, nor shall said owner or person in control fail to expeditiously remove any such excrement deposited by said dog in any such place. This section shall not apply to a blind person while walking his/her guide dog.
Unless otherwise provided, any person who violates any provision of this chapter shall be punished by a fine of not more than fifty dollars ($50.)