Legal Question in Appeals and Writs in New Hampshire

Vicious dog

My st bernard got into a dog fight with the german shepard across the street who is always in my yard off the leash. i called animal control imediatly, they came out and ask for my rabies record, which is not up to date due to an illness that my dog has been suffering from, and can be confirmed by my vet. she got back to me a week later and gave me a $100. fine and deemed my dog a vicious dog and told me that i cannot bring my dog outside w/o a leash and muzzle. my dog has been around many dogs including a yorkie mix that i also have and a mastiff and has been fine and playful. i would like to know if i can fight this in any way and also is this legal to have to muzzel my dog on my property.


Asked on 1/18/09, 5:59 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Vicious dog

You must have been cited for an infraction or minor violation of a city or county code. There is an appeal process for that violation and you could follow it to get this reversed. Your vet will have to write you a letter stating the medical reasons for not keeping the rabies vaccination up to date.

And ask about the procedure for getting owner of the dog across the street to stop violating the leash law and from coming onto your property. That is a trespass and you could sue that owner for this. Maybe your city/county has a neighbor dispute mediation process where this could be settled informally. If not, consider contacting a lawyer to force the owner to control his dog.

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Answered on 1/19/09, 4:23 pm


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