SB118 (2007) Detail

Increasing fines for certain dog violations.


CHAPTER 339

SB 118 – FINAL VERSION

16May2007… 1279h

06/27/07 2363eba

2007 SESSION

07-1258

08/04

SENATE BILL 118

AN ACT increasing fines for certain dog violations.

SPONSORS: Sen. Roberge, Dist 9; Rep. Graham, Hills 18; Rep. Hawkins, Hills 18

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill increases fines for certain dog violations.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16May2007… 1279h

06/27/07 2363eba

07-1258

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT increasing fines for certain dog violations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

339:1 Dogs; Fines. Amend RSA 466:39 to read as follows:

466:39 City or Town Bylaws. The local governing body may make such additional bylaws and regulations concerning the licensing and restraining of dogs as it deems reasonable, and may affix penalties not exceeding [$25] $50 for a breach thereof. Such bylaws and regulations shall relate only to dogs owned or kept in such city or town, and the annual fee required for a license shall in no case be more than $1 in addition to the sum hereby required.

339:2 Dogs; Penalties. Amend RSA 466:31-a, II to read as follows:

II. Any person who violates any of the provisions of RSA 466:31 shall be liable for a civil forfeiture, which shall be paid to the clerk of the town or city wherein such dog is owned or kept within 96 hours of the date and time notice is given by any law enforcement officer to the owner or keeper of a dog in violation of RSA 466:31. If the forfeiture is paid, said payment shall be in full satisfaction of the assessed penalty. The forfeiture shall be in the amount as specified for the following violations:

(a) $25 for the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d); [$50] $100 for the second or subsequent nuisance offense committed within 12 months of the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d).

(b) $50 for the first menace offense under RSA 466:31, II(e) or (f); [$100] $200 for the second or subsequent menace offense committed within 12 months of the first menace offense under RSA 466:31, II(e) or (f).

(c) $100 for the first vicious offense under RSA 466:31, II(g).

(d) [$200] $400 for the second or subsequent vicious offense committed within 12 months of the first vicious offense under RSA 466:31, II(g).

339:3 Dogs; Penalties. Amend RSA 466:31-a, II to read as follows:

II. Any person who violates any of the provisions of RSA 466:31 shall be liable for a civil forfeiture, which shall be paid to the clerk of the town or city wherein such dog is owned or kept within 96 hours of the date and time notice is given by any law enforcement officer or other person authorized by the town to the owner or keeper of a dog in violation of RSA 466:31. If the forfeiture is paid, said payment shall be in full satisfaction of the assessed penalty. The forfeiture shall be in the amount as specified for the following violations:

(a) $25 for the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d); [$50] $100 for the second or subsequent nuisance offense committed within 12 months of the first nuisance offense under RSA 466:31, II(a), (b), (c) or (d).

(b) $50 for the first menace offense under RSA 466:31, II(e) or (f); [$100] $200 for the second or subsequent menace offense committed within 12 months of the first menace offense under RSA 466:31, II(e) or (f).

(c) $100 for the first vicious offense under RSA 466:31, II(g).

(d) [$200] $400 for the second or subsequent vicious offense committed within 12 months of the first vicious offense under RSA 466:31, II(g).

339:4 Contingency. If HB 44 of the 2007 legislative session becomes law, then section 3 of this act shall take effect January 1, 2008 and section 2 of this act shall not take effect. If HB 44 of the 2007 legislative session does not become law, then section 2 of this act shall take effect January 1, 2008 and section 3 of this act shall not take effect.

339:5 Effective Date.

I. Sections 2 and 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect January 1, 2008.

Approved: July 16, 2007

Effective: I. Sections 2 and 3 shall take effect as provided in section 4.

II. Remainder shall take effect January 1, 2008.