Dog fines refunded in Hampstead

By Margo Sullivan
margosullivan@eagletribune.com

July 02, 2009 12:15 am

HAMPSTEAD — An error involving dog license fines left many pet owners growling.

But not anymore.

After sending penalty letters last month to more than 100 residents who failed to license their dogs, town officials changed their minds. They refunded at least $3,000 to those who paid the $25 fine after they were caught failing to register their pets.

Now, as long as the owners have paid for the dog tags by June 20, they just have to pay a dollar penalty for every month or partial month the fee was overdue.

"It's never happened before, and it shouldn't have happened this time," Animal Control Officer Dale Childs said, adding that she didn't think the refunds were necessary.

The owners of the unlicensed dogs were well past the April 30 payment deadline, according to selectmen's Chairman James Stewart.

Most people came into Town Hall and paid the licensing fee and the $25 fine, but a few "became incandescent," Stewart said, prompting the selectmen to check with a lawyer.

The owners howled that their rights had been violated because town officials slapped them with the fine too soon. Under state law, they argued, the fine could not be collected until June 20, Stewart said.

Selectmen consulted with the town's lawyer, and the lawyer backed up the dog owners' claim.

State law says town officials are supposed to sign a warrant authorizing dog officers to charge fines for nonpayment by June 20, and cannot collect the money until after that date.

Blame it on the June calendar, Stewart said. With Hampstead selectmen meetings set for June 8 and June 22, the board signed the warrant at its June 8 meeting because the June 22 meeting would have been too late. Unfortunately, the letters went out right after the selectmen signed off, and that was too early.

"Legally, it was not my opinion" that any fines had to be refunded, Childs said. In the past, Childs has issued the fines anytime after May 1, if she finds a dog does not have a license.

"I've taken these cases to court," she said, "and they've held up."

The letters were sent June 9, the day after the selectmen signed the warrant, Town Clerk Patricia Curran said.

Curran said Hampstead has 1,347 licensed dogs. She estimates more than 200 are still unlicensed.

The fee in New Hampshire for registering puppies and spayed or neutered dogs is $7.50. The fee for those not spayed or neutered is $10.

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