May 17, 2019
VIA ELECTRONIC DELIVERY ONLY
Hon. Lori Wilshire, President
Board of Alderman
City of Nashua
229 Main Street
Nashua NH 03061
RE: Upcoming Renewal of Contract Between City of Nashua and the Humane Society
for Greater Nashua
Dear President Wilshire:
lam writing regarding the upcoming renewal of a contract between the City of Nashua (the “City”)
and the Humane Society for Greater Nashua (the “Humane Society’) sometime in June or July.
Specifically, | am asking the Board of Alderman (the “Board”) and the Board’s Finance Committee (the
“Finance Committee”) to consider this letter at the meeting of the Finance Committee where the
renewal contract is presented to the Committee. | would further request that the Finance Committee
decline to approve the contract renewal to the extent the contract contains illegal provisions and/or
which requires or involves the expenditure of public, tax dollars for an illegal purpose or purposes as
explained in this letter.
in the fall of 2017, one of my cats was trapped in a live trap (i.e. have-a-Heart trap) by someone in
my neighborhood. The person who trapped my cat called the Nashua Police (the “Police”). Officer
Langis, the Animal Control Officer (“ACO”) with the Police at the time, responded. Upon information and
belief, Officer Langis transported my cat to the Humane Society where he impounded my cat. The
impoundment form from the Humane Society enclosed with this letter as Exhibit A indicates my cat was
impounded as a “stray” or for “running at large”. Conversely, the impoundment form does not indicate
my cat was impounded for the purpose of a “bite quarantine”. | was ultimately able to retrieve my cat
from the Humane Society after she was held there for 10 days.
Neither State law nor the municipal law of the City of Nashua permits the City to impound cats as
“strays” or for “running at large”. Enclosed as Exhibit B is the City’s current animal ordinance applicable
to this matter. It is my belief that the ordinance is the same as it was in 2017. in actuality, the only type
of animal that may be impounded under the ordinance as a “stray” or for “running at large” is a dog.
Attached as Exhibit C is a print-out from the website maintained by the Police as of the fall of 2017,
which expressly provides that cats may not be seized or impounded as “strays”. My ultimate conclusion
as to the law applicable to this matter, which | will not discuss at length here, is that cats may be
impounded in Nashua at present, including by the Police, ONLY if the cats has rabies or is suspected of
having rabies, and only then in strict accordance with State law including as set forth at RSA 436:105-a.
