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1 New Subdivision; Animal Care Center Requirements. Amend RSA 437 by inserting after section 22 the following new subdivision:
Animal Care Center Requirements
437:23 Definitions. In this subdivision:
I. "Animal care center" means any veterinary establishment, humane society, boarding kennel, or other center providing care and treatment for animals. "Animal care center" shall not apply to a person providing such services in a private residence for 5 or fewer dogs at a time.
II. "Fire protection sprinkler system" means an assembly of underground or overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion.
III. "Proper care" means that the animal care center is clean, shelter is provided out of the elements, food and water are easily accessible, the temperature and ventilation can be properly regulated, there is a fire protection sprinkler system or warning system in place, and the owner or operator and their employees are on the premises when there are dogs in the kennels unless a signed document consenting to the dog being left unattended has been provided.
437:24 Informed Consent Required.
I. An animal care center owner or operator who is boarding or providing services to 5 or more dogs at the center shall not leave the dog unattended without an employee present unless:
(a) The animal care center owner or operator provides to the owner of the dog written notice that:
(1) The dog will be left unattended at the animal care center without an employee present during the hours specified in the notice; and
(2) If the animal care center is not equipped with a functioning fire protection sprinkler system, notice that the animal care center does not have a fire protection system; and
(b) The owner of the dog provides to the animal care center owner or operator a signed document consenting to the dog being left unattended as provided in the notice.
II. An animal care center owner or operator who is boarding or providing services to 5 or more dogs at the center shall provide to the owner of the dog written notice that he or she does not carry liability insurance.
437:25 Required; Report of Injuries; Inspection.
I. Animal care centers shall report to local law enforcement injuries to animals or people that occur on their premises. Local law enforcement shall investigate all reports. In consultation with the New Hampshire Police Association and the New Hampshire Association of Chiefs of Police, a form shall be developed for such reporting and a time frame for submitting a report after an injury. The form shall be available on the local law enforcement's website for the public to report such injuries.
II. The law enforcement of the municipality in which the animal care center is located shall make investigative reports of injuries publicly available on its website if the investigation results in the department bringing enforcement action against the animal care center.
III. To ensure an animal care center is clean and proper care is being provided, a police officer or an inspector authorized by local law enforcement or select board shall make an annual unannounced inspection on a day between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon. An authorized inspector may include, but shall not be limited to, an animal control officer, the mayor of a city, the select board of a town, the town manager of a town, the chief of police, or another designated official. The animal care center owner or operator shall be present during the inspection. Only the areas of the residence that are used for animal care purposes or for the maintenance of animal care center records shall be required to be available for inspection.
IV. If, in the judgment of the local law enforcement officer or an authorized inspector, an animal care center is not being maintained in a sanitary and safe manner, the local law enforcement officer or authorized inspector shall, depending on the severity of the offense, issue a written citation. If a facility is determined to be noncompliant, local law enforcement shall close the center for up to 5 days. Upon a third infraction, a center may be closed by local law enforcement. Enforcement under this section by a law enforcement officer or an authorized inspector may be appealed within 21 days to the circuit court in the judicial district in which the animal care center is maintained.
437:26 Animal Care Center Certification.
No person shall operate an animal care center in the state without first obtaining a certification from the commissioner of the department of agriculture, markets, and food. Certification shall be valid for a period of 2 years from the date of issuance and shall be renewed biennially. The fee for certification shall be $100, payable to the department of agriculture, markets, and food at the time of application or renewal. The commissioner shall issue certification upon determination that the applicant meets the requirements established under this chapter and any rules adopted pursuant thereto. Certification issued under this section may only be revoked or suspended upon a finding that the certificate holder has violated the provisions of RSA 437:25, IV. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the application process, renewal procedures, and standards for certification under this subdivision.
437:27 Penalty. An animal care center owner or operator who violates this subdivision shall be subject to a fine equal to $500 for each animal subject to the violation and for each day the violation continues.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Subdivision; Animal Care Center Requirements. Amend RSA 437 by inserting after section 22 the following new subdivision:
Animal Care Center Requirements
437:23 Definitions. In this subdivision:
I. "Animal care center" means any veterinary establishment, humane society, boarding kennel, or other center providing care and treatment for animals. "Animal care center" shall not apply to a person providing such services in a private residence for 5 or fewer dogs at a time.
II. "Fire protection sprinkler system" means an assembly of underground or overhead piping or conduits that conveys water with or without other agents to dispersal openings or devices to extinguish, control, or contain fire and to provide protection from exposure to fire or the products of combustion.
III. "Proper care" means that the animal care center is clean, shelter is provided out of the elements, food and water are easily accessible, the temperature and ventilation can be properly regulated, there is a fire protection sprinkler system or warning system in place, and the owner or operator and their employees are on the premises when there are dogs in the kennels unless a signed document consenting to the dog being left unattended has been provided.
437:24 Informed Consent Required.
I. An animal care center owner or operator who is boarding or providing services to 5 or more dogs at the center shall not leave the dog unattended without an employee present unless:
(a) The animal care center owner or operator provides to the owner of the dog written notice that:
(1) The dog will be left unattended at the animal care center without an employee present during the hours specified in the notice; and
(2) If the animal care center is not equipped with a functioning fire protection sprinkler system, notice that the animal care center does not have a fire protection system; and
(b) The owner of the dog provides to the animal care center owner or operator a signed document consenting to the dog being left unattended as provided in the notice.
II. An animal care center owner or operator who is boarding or providing services to 5 or more dogs at the center shall provide to the owner of the dog written notice that he or she does not carry liability insurance.
437:25 Required; Report of Injuries; Inspection.
I. Animal care centers shall report to local law enforcement injuries to animals or people that occur on their premises. Local law enforcement shall investigate all reports. In consultation with the New Hampshire Police Association and the New Hampshire Association of Chiefs of Police, a form shall be developed for such reporting and a time frame for submitting a report after an injury. The form shall be available on the local law enforcement's website for the public to report such injuries.
II. The law enforcement of the municipality in which the animal care center is located shall make investigative reports of injuries publicly available on its website if the investigation results in the department bringing enforcement action against the animal care center.
III. To ensure an animal care center is clean and proper care is being provided, a police officer or an inspector authorized by local law enforcement or select board shall make an annual unannounced inspection on a day between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon. An authorized inspector may include, but shall not be limited to, an animal control officer, the mayor of a city, the select board of a town, the town manager of a town, the chief of police, or another designated official. The animal care center owner or operator shall be present during the inspection. Only the areas of the residence that are used for animal care purposes or for the maintenance of animal care center records shall be required to be available for inspection.
IV. If, in the judgment of the local law enforcement officer or an authorized inspector, an animal care center is not being maintained in a sanitary and safe manner, the local law enforcement officer or authorized inspector shall, depending on the severity of the offense, issue a written citation. If a facility is determined to be noncompliant, local law enforcement shall close the center for up to 5 days. Upon a third infraction, a center may be closed by local law enforcement. Enforcement under this section by a law enforcement officer or an authorized inspector may be appealed within 21 days to the circuit court in the judicial district in which the animal care center is maintained.
437:26 Animal Care Center Certification.
No person shall operate an animal care center in the state without first obtaining a certification from the commissioner of the department of agriculture, markets, and food. Certification shall be valid for a period of 2 years from the date of issuance and shall be renewed biennially. The fee for certification shall be $100, payable to the department of agriculture, markets, and food at the time of application or renewal. The commissioner shall issue certification upon determination that the applicant meets the requirements established under this chapter and any rules adopted pursuant thereto. Certification issued under this section may only be revoked or suspended upon a finding that the certificate holder has violated the provisions of RSA 437:25, IV. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the application process, renewal procedures, and standards for certification under this subdivision.
437:27 Penalty. An animal care center owner or operator who violates this subdivision shall be subject to a fine equal to $500 for each animal subject to the violation and for each day the violation continues.
2 Effective Date. This act shall take effect January 1, 2027.