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NH RSA 644:8
"… necessary shelter for dogs shall mean any natural or artificial area which provides protection from the direct sunlight and adequate air circulation when that sunlight is likely to cause heat exhaustion of a dog tied or caged outside. Shelter from the weather shall allow the dog to remain clean and dry. Shelter shall be structurally sound and have an area within to afford the dog the ability to stand up, turn around and lie down, and be of proportionate size to allow the natural body heat of the dog to be retained."
The winter of 2022-2023 was especially difficult for dogs who live outside, with extremes of temperature, record snowfall, ice and rain. Unfortunately, because the State’s definition of, “necessary shelter,” above, from NH’s animal cruelty statute, under the criminal code ) is so vague, there’s very little that humane officers or law enforcement officers can do to help a dog kept outside, until the situation escalates into circumstances that fall under the descriptions of animal cruelty under the law. By that time, the dog may be injured, or worse, and has certainly experienced pain and discomfort from being exposed to extreme weather. If a law enforcement officer believes that a dog is in imminent danger, and there is no time to go to a judge for a warrant , he/she may remove the dog and leave the owner a note, but, under "normal" circumstances, in order to remove a dog from a dangerous situation, the law enforcement officer must persuade a judge that there is probable cause to believe that the animal cruelty law has been violated… by that time it could be too late.
In 2005, in Stoddard, NH, the compassionate citizens of the town voted overwhelmingly to adopt a local ordinance with stricter standards for shelter and tethering than the state’s meager standards. Several other towns, including Epsom and Seabrook, adopted similar ordinances. Unfortunately , courts ruled that these local ordinances were unenforceable, and animal advocates prepared to try, again, to improve the state’s standards for necessary shelter for dogs. The most recent attempt to improve these standards was in 2020, in a bill sponsored by the late Representative Katherine Rogers of Concord ; the bill was not successful because of opposition by mushers, hunters, breeders, the American Kennel Club, and the Dog Owners of the Granite State. Ironically, the NH Department of Agriculture, Markets and Foods, which has always opposed improving shelter and tethering standards, has a very strict set of standards for the facilities it licenses, including animal shelters, pet shops, and the largest breeders.. but for privately owned dogs the attitude seems to be, Live Free and Let the Dogs Die.
With suggestions from animal-friendly legislators, advocates began to consider a different plan. Instead of trying to change the state’s standards for necessary shelter for dogs, which is nearly impossible, why not try to pass enabling legislation that would give cities and towns more authority to adopt local ordinances regarding shelter and tethering. This approach has several advantages:
- It’s better for the dogs, it’s better for the owners if a humane officer or law enforcement can intervene early on , in a non-adversarial, non-punitive way… however, with the authority of an ordinance, to help the owner resolve whatever problems are causing the dog to be kept outside without adequate shelter.
- Early intervention in these situations has the potential to save money for towns, cities, counties and the state by resolving problems before a case turns into a criminal animal cruelty prosecution. These cases can linger in the court system for years, while animals are cared for in shelters, while prosecutors are preparing cases, and while law enforcement officers are kept from their responsibilities by endless waiting to testify in cases that are often delayed as they work their way through the court system.
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