Chapter 49: Regulations of Dogs

49-1.  Leash Requirement.

Except as provided in section 49-2, all dogs in the Town of Durham shall be restrained by a leash not exceeding eight (8) feet in fixed length or a retractable leash with stop control.

49-2.  Exceptions to Leash Requirement.  Section 49-1 shall not apply in the following circumstances:

A.  When the dog is physically present in a structure or vehicle of, or on land owned by

           1.  the dog’s owner; or

           2.  another person who has consented to the presence of the dog;

B. When, after receipt of a written request of any person, the Durham Town Administrator gives written consent, under such conditions that he shall set forth by written directive, for a variance from the requirements of section 49-1 for a particular occasion or event that, in the judgment of the administrator, justifies such variance; or

C.  Federal or state law requires otherwise.

49-3.  Impoundment.

A police officer or person designated as the Animal Control Officer is authorized to apprehend any dog not restrained as required by this chapter and impound it at a suitable animal shelter authorized by the Town. 

49-4.   Notice and Redemption

When a dog is impounded, the person who owns, keeps or harbors such dog shall be notified forthwith.  This person may reclaim the dog upon payment of all costs and charges incurred by the Town but in no event  less than $50.00.  If the dog is unclaimed at the end of seven days, the dog shall be turned over to the SPCA or other sanctioned facility.                      
 

49-5.   Removal of excrement/feces

A. Definition:  For the purpose of this section, the reference to a mechanical or other device shall include, without limitation, a pooper scooper, a trowel, a shovel, a plastic bag or other appropriate container.

B. Removal from public property. Any owner or person having custody of any dog shall not permit the dog on public grounds, including public streets, sidewalks, parks, or any other public grounds within the town, unless the owner or person in control has in their possession a mechanical or other device for the removal of excrement/feces, nor shall such owner or person in control fail to expeditiously remove any such excrement/feces deposited by the dog in any such place, and subsequently dispose of said waste in a public trash receptacle, public dog waste receptacle, or by other means on property owned or occupied by the dog owner or the person with custody of the dog.                                                                                  

49-6. Penalty.

Pursuant to RSA 31:39, III, any person  guilty of violating this ordinance shall be fined as follows:

      1st offense:                                $ 25.00

      2nd offense:                               $ 50.00

      3rd & subsequent offenses:    $150.00               

( Chapter 49 amended by Ord. #2001-10 dated 9/24/01 Ord. #2018-5 dated 10/15/18)