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Council adopts amendments to dog ordinance, removes ‘voice control’ allowance and schedules public hearing

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Summary

Somersworth City Council’s public safety committee revised the proposed dog ordinance to require leashes except in designated areas, remove voice-control as lawful control, and allow increased fines; the council approved the redlined changes and set a public hearing for the next regular meeting.

The Somersworth City Council on March 17 approved committee-recommended changes to a proposed dog-control ordinance that remove “voice control” as a lawful means of restraining a dog, require dogs to be on a leash or otherwise physically restrained when off their owner’s property, and authorize enhanced penalties. Councilors voted to accept the redlined version prepared after review by the city attorney and sent the revised ordinance to a public hearing at the council’s next regular meeting.

Why it matters: The change responds to repeated public testimony that an “at-large” definition that allowed voice control failed to protect people and animals. The amendment replaces the prior language with a requirement that a dog “not be under leash or other physical restraint” when off the owner’s premises, with exceptions such as an off-leash dog park or the owner’s fenced property.

The ordinance revision grew out of questions raised during earlier public comment and a follow-up review by city staff and counsel. Councilor Pepin, chair of the Public Safety Committee, told the council the committee had asked the city attorney to redline the entire dog chapter to make its language and penalties consistent with applicable statutes; that redline was adopted by the committee and presented to the council.

Residents who earlier urged a stricter leash rule appeared at the microphone during public comment. Jeremy Rhodes, who identified himself as living in Ward 2, said he researched other New Hampshire cities and “one of the main concerns around the possibility of adoption of a true ordinance here in the city was the possibility of the city being sued,” but noted several cities have had stricter leash rules on the books for years without being struck down. Sarah Lavoie, Ward 4, said she had not realized the proposed changes would keep voice control and asked, “Why can't we make this one small change which will make a huge impact on some people's lives?” She added that her own dog had been attacked multiple times and that stricter leash rules could prevent severe harm.

Councilor Parity Catanzaro formally introduced the committee’s redlined language as an amendment and added one change to the penalty section to state fines would be “not less than $100 and up to $1,000 per violation.” That motion was seconded and the amendment carried on roll call. After adopting the amendment, the council voted to table the ordinance until the scheduled public hearing so that the revised text would be available to the public and the council could receive further comment.

The full amendment replaces the prior “at large” definition and adds updated language on females in heat and on the penalty schedule. Councilors said the redline followed the approach used by Nashua and other New Hampshire municipalities and brought the city ordinance into alignment with the statue the city attorney cited.

Looking ahead: The council instructed staff to place the revised ordinance on the agenda with a public hearing at the next regular meeting; the council will consider final adoption after that hearing.