RSA 466:31-a · Penalties

466:31-a Penalties. –

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I.

Any person who violates any provision of RSA 466:31 shall be guilty of a violation; provided that if such person chooses to pay the civil forfeiture specified in paragraph II, the person shall be deemed to have waived the right to have the case heard in district or municipal court and shall not be prosecuted or found guilty of a violation of RSA 466:31. Any person who does not pay the civil forfeiture specified in paragraph II shall have the case disposed of in district or municipal court.

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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:

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(a)

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

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(b)

$200 for the first menace offense under RSA 466:31, II(e) or (f); $400 for the second or subsequent menace offense committed within 12 months of the first menace offense under RSA 466:31, II(e) or (f).

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(c)

$400 for the first vicious offense under RSA 466:31, II(g). Additionally, the owner of the dog shall be liable for all medical bills sustained by the person who was attacked.

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(d)

$1,000 for the second or subsequent vicious offense committed within 12 months of the first vicious offense under RSA 466:31, II(g). Additionally, the owner of the dog shall be liable for all medical bills sustained by the person who was attacked.

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III.

Any person who pays a civil forfeiture specified in paragraph II 2 times in any 12-month period according to the records of the town or city clerk, may not pay a civil forfeiture for subsequent violations of RSA 466:31 in that 12-month period, but shall have those cases disposed of in district or municipal court. In the case of a vicious dog, as described by RSA 466:31, II(g), where its behavior presents a threat to public safety, immediate district court or municipal court proceedings shall be initiated in lieu of the civil forfeiture.

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IV.

Nothing in this section is intended to limit any civil recovery that an individual may claim under RSA 466:19, or as otherwise allowed by law. Source. 1977, 222:2. 1989, 158:5, 6. 1994, 353:11, 12. 1995, 298:21. 2007, 244:2, eff. Aug. 27, 2007; 339:3, eff. Jan. 1, 2008. 2025, 203:1, eff. Jan. 1, 2026.

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