In this subdivision:
I. "Commercial establishment" means any business operated by a person, firm, partnership, corporation or other legal entity which sells, rents, leases or otherwise transacts a retail or wholesale business with the general public.
II. "Custodian of guard dog" means any person, firm, partnership, or corporation which owns, leases or maintains a guard dog on the p roperty of a commercial establishment to protect the establishment from unauthorized intrusion.
III. "Guard dog" means any breed of dog of either sex which is utilized to attack or repel unauthorized intruders whether on command or by instinct.
IV. "Local law enforcement authority" means the local police department of the city or town or the dog officer in a city or town, as may be designated by city council or board of selectmen.
Source. 1985, 29:2, eff. June 8, 1985.
A guard dog shall be licensed pursuant to RSA 466:4.
Source. 1985, 29:2, eff. June 8, 1985.
In addition to the dog license required by RSA 466:4, no guard dog shall be used in any city or town without prior approval of the local law enforcement authority and appropriate registration with that authority.
Source. 1985, 29:2, eff. June 8, 1985.
The annual registration fee for a guard dog shall be $10.00, paid to the local law enforcement authority for deposit in the general fund of the city or town. Each registration shall expire one year from the date of issue.
Source. 1985, 29:2, eff. June 8, 1985.
Prior to approval of the registration of any guard dog, the custodian shall provide to the local law enforcement authority satisfactory proof of the following:
I. That the premises to be guarded by the guard dog has sufficient restraining devices, such as fences or walls, to prevent access by the public during the periods that the guard dog is used to protect the premises from unauthorized entry or the escape of the guard dog from the enclosed premises.
II. That the guard dog shall be treated and maintained in a humane manner whether or not the dog is on guard duty.
III. That the custodian has liability insurance for each dog of not less than $100,000.00 to protect the general public, in the event the guard dog eludes confinement and attacks and-injures a person on public or private property.
IV. That the guard dog has been properly licensed pursuant to RSA 466:4.
V. That the premises to be guarded by a guard dog shall be properly posted to warn the general public with sufficient number of signs as may be required by local law enforcement authority.
Source. 1985, 29:2, eff. June 8, 1985.
The local law enforcement authority shall inspect the premises of each custodian of a registered guard dog during normal business hours. If conditions on said premises do not meet the requirements of RSA 466:50, the local law enforcement authority shall direct removal of the dog until the defect is corrected.
Source. 1985, 29:2, eff. June 8, 1985.
If the cust odian of a registered guard dog has had the dog's registration voided pursuant to RSA 466:51, the custodian may request in writing a hearing before the city council or board of selectmen, as appropriate, and said hearing shall be conducted within 30 days of receipt of the request for the hearing. The decision of either the city council or board of selectmen shall be final; provided, however, the custodian may appeal to the appropriate superior court within 30 days for a trial de novo.
Source. 1985, 29:2, eff. June 8, 1985.
I. The local law enforcement authority shall notify the local fire department and other agencies which may need emergency access to the guarded premises, as may be appropriate, that a guard dog has been duly registered and is authorized to be in a specifically designated commercial establishment.
II. The custodian shall provide the local law enforcement authority with the name or names of ons to be contacted in the event of an emergency, who are able to control the guard dog and permit unimpeded access to the commercial establishment to handle the emergency as may be necessary.
Source. 1985, 29:2, eff. June 8, 1985.
Any person, firm, partnership or corporation who violates any provision of this subdivision shall be guilty of a violation for the first offense and guilty of a misdemeanor for subsequent offenses.
Source. 1985, 29:2, eff. June 8, 1985.
