On April 18th the Londonderry Town Council will hold a Public Hearing at 7PM on
ORDINANCE #2016-02 AN AMENDMENT TO THE MUNICIPAL CODE, TITLE 1, CHAPTER XXIX, DOGS. The proposed ordinance is below, a copy can be downloaded HERE
AN AMENDMENT TO THE MUNICIPAL CODE, TITLE 1, CHAPTER XXIX, DOGS
First Reading: 04/04/16
Second Reading/Public Hearing: 04/18/16
WHEREAS there is a need to provide for the health and safety of the public in the Town of Londonderry;
WHEREAS to further provide public safety, there is the need to prohibit dogs from:
a. Running at large;
b. Fouling; and
c. Creating disturbing noise; and
WHEREAS the Town Council has the authority pursuant to RSA 39:31, and Town Charter to enact such regulations.
NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Londonderry that the Municipal Code of the Town of Londonderry, Title I – General Code, Chapter XXIX (newly created chapter) Dogs, is hereby amended as attached.
CHAPTER XXIX – Dogs
SECTION I – AUTHORITY
A. The enabling legislation is RSA 39:31, and Title I – General Code, Chapter XXIX.
SECTION II – RUNNING AT LARGE PROHIBITED
A. No owner, possessor, controller, or keeper of any dog shall permit such dog, whether licensed or unlicensed to run at large within the Town of Londonderry at any time.
B. Notwithstanding anything in this section to the contrary, no person shall be compelled to keep any dog in his possession on a leash while in or upon any public street, alley, park, parkway, cemetery, town forest, trail-way or other public place in the Town of Londonderry, if the dog is securely confined in an vehicle.
C. Notwithstanding any definition to the contrary, a dog shall be deemed “at large” if the dog is in, on, or being walked upon, a public street, park, parkway, cemetery, town forest, trail-way or other public place in the Town of Londonderry, or a public street, sidewalk or right-of-way adjacent to a public place and is not secured by a leash or chain or within a carrier which is in the possession of a person of sufficient strength and age to effectively restrain the dog.
SECTION III – DOG FOULING PROHIBITION
A. It shall be unlawful for any person owning, possessing, or controlling a dog on street, park, parkway, cemetery, town forest, trail-way or other public place in the Town of Londonderry, any public street, sidewalk or right-of-way adjacent to a public place, or on any private property neither owned nor occupied by said person to:
i. Fail to remove and dispose of any feces left by the dog in or on such public or private property.
SECTION IV – NOISE REGULATION
A. It shall be unlawful to keep any animal, including a bird, in a manner that causes frequent or long continued noise that disturbs the comfort or repose of any person in the vicinity.
SECTION V – ENFORCEMENT
A. The Londonderry Animal Control Officer and/or the Londonderry Police Department may seize, impound or restrain any dog in violation of this chapter, and deliver said dog to an authorized boarding shelter for dogs. Such dogs shall be handled as strays or abandoned dogs pursuant to applicable laws.
SECTION VI – VIOLATION AND PENALTIES
A. In addition to impounding a dog found at large or in violation of this chapter, the Londonderry Animal Control officer and/or Londonderry Police Department may issue in the name of the owner, possessor, controller, or keeper of such dog a notice of violation. Such notice shall impose upon the owner, possessor, controller, or keeper of such a dog a forfeiture of Twenty-Five Dollars ($25.00) which must be paid to the Londonderry Town Clerk within 96 hours of the date and time notice is given, in full satisfaction of the assessed penalty. In the event that such penalty is not paid to the Londonderry Town Clerk within the time limitation specified, a summons shall be issued for appearance in Derry District Court, and any person found guilty of violating the provisions of this section shall be guilty of a violation.
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