CHAPTER 11
HB 331 – FINAL VERSION
04Jan2006… 0040h
2006 SESSION
08/04
HOUSE BILL 331
AN ACT relative to restraining dogs and relative to livestock working dogs.
COMMITTEE: Environment and Agriculture
This bill adds dogs who are guarding, working, or herding livestock to:
I. Dogs that must be accompanied by an owner or custodian.
II. The exceptions from dogs at large.
III. The requirements for wearing a rabies vaccination tag.
IV. The definition of “farming.”
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Jan2006… 0040h
05-0178
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to restraining dogs and relative to livestock working dogs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
11:1 Dog Control Law; Working Livestock Dogs Exempt. Amend RSA 466:30-a, I to read as follows:
I. Notwithstanding any other provisions of this chapter, 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, [herding, or] where training is being conducted [or], 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.
11:2 Working Livestock Dogs and Dogs at Home not a Menace. Amend RSA 466:31, II(a)-(e) to read as follows:
(a) 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 custodian. This subparagraph shall not include a dog which is being used for hunting, [herding,] supervised competition, [or] exhibition, or training for such activities if accompanied by the owner or custodian, or a dog which is guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), meaning that the owner or custodian 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;
(b) 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 RSA 21:34-a, II(a)(4);
(c) If it digs, scratches, or excretes, or causes waste or garbage to be scattered on property other than its owner’s;
(d) 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;
(e) If it growls, snaps at, runs after, or chases any person or persons not on the premises of the owner or keeper;
11:3 Dogs at Large; Working Livestock Dogs Exempt. Amend RSA 466:33 to read as follows:
466:33 Dogs at Large. It shall be unlawful for the owner or custodian of any dog to permit such dog to run at large in territory inhabited by game birds or quadrupeds, or on lands where livestock is pastured, at any time of the year; provided that hares and rabbits may be hunted with dogs during the open season [therefor] under the owner’s control and supervision. Any organized club may hold a club licensed or sanctioned field trial on game which is otherwise protected. Said club shall secure permission from the owner of the land on which said trial is to be held, and shall notify the executive director of the fish and game department at least 2 weeks in advance of the date and place of the trial. Whoever violates the provisions of this section shall be guilty of a violation. Dogs which are guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), shall be exempt from this section.
11:4 Livestock Working Dogs Added to Dogs Wearing Rabies Vaccination Tag. Amend RSA 436:102 to read as follows:
436:102 Duties of Veterinarian. It shall be the duty of each veterinarian, at the time of vaccinating any dog, cat, or ferret, to complete a certificate of rabies vaccination in triplicate which includes the following information: owner’s name and address, description of dog, cat, or ferret (breed, sex, markings, age, name), date of vaccination, rabies vaccination tag number, type of rabies vaccine administered, manufacturer’s serial number of vaccine, and the expiration date of the vaccination. Distribution of copies of the certificate shall be: the original to the owner, one copy retained by the issuing veterinarian and, within 40 days of the vaccination, one copy to the town or city clerk where the dog, cat, or ferret is kept. The veterinarian and the owner shall retain their copies for the interval between vaccinations specified in RSA 436:100. A metal or durable plastic tag, serially numbered, shall be securely attached to the collar or harness of the dog. Whenever the dog is out-of-doors, off the owner’s premises, and not under the control of the owner or handler while working the dog, the collar or harness with the vaccination tag shall be worn. For the purposes of this section, “working the dog” means a dog doing a defined functional canine activity with its owner or handler such as hunting, field work, drafting, and guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), or participating in any lawful competitive event, including, but not limited to, conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities pertinent to functional canine activities. Cats and ferrets shall not be required to wear the collar or harness with the tag.
11:5 New Subparagraph; Definition of Farming; Livestock Working Dogs Added. Amend RSA 21:34-a, II(b) by inserting after subparagraph (6) the following new subparagraph:
(7) The use of dogs for herding, working, or guarding livestock, as defined in RSA 21:34-a, II(a)(4).
11:6 Effective Date. This act shall take effect upon its passage.
Approved: March 3, 2006
Effective: March 3, 2006