[Adopted 5-3-1982 ATM by Art. 7]
[Amended 5-3-2010 ATM by Art. 42]
It shall be illegal to have a dog, except a
Seeing Eye dog, a hearing ear dog, or a service dog, on any public
bathing beach within the Town of Eastham from June 15 through Labor
Day, except when specifically permitted by the Board of Selectmen.
[Adopted 5-1-2006 ATM by Art. 33]
The purpose of animal control is to encourage
the safe, humane treatment of animals, to establish and foster responsible
animal ownership, to effectively control the spread of contagious
disease, and to maintain a safe environment for both animals and people.
The following words, for the purposes of this
bylaw of these bylaws shall, unless another meaning is clearly apparent
for the way in which the word is used, have the following meanings:
ADEQUATE SHELTER
A structure that is large enough for the animal, whether
it be livestock or pet, to stand naturally, turn around and lie down
inside of the structure without being exposed to the elements of weather.
The roof and walls of the structure shall be waterproof and windproof.
Bedding must be kept dry and changed regularly to preserve insulating
qualities. During cold weather a moveable flap shall be placed over
the entrance to a dog shelter to preserve the dog's body heat. Adequate
shelter from sun may be provided by a tarpaulin placed in a manner
to provide deep shade and allow air to pass through for ventilation.
DANGEROUS or VICIOUS
Any dog that has a verifiable record of (a) inflicting injury
on a human being without provocation; or (b) has killed a domestic
animal without provocation; or (c) any dog owned or harbored primarily,
or in part, for the purpose of fighting or any animal trained for
fighting.
FARM ANIMAL or LIVESTOCK
Any poultry, ungulate, species of cattle, sheep, swine, goats,
llamas, equine, or other fur-bearing animal, which are raised for
commercial or subsistence purposes.
KENNEL, BREEDING
Any premises where between one and four dogs are owned, kept
or harbored for the purpose of breeding; provided, however, that no
more than four dogs 12 weeks of age or older may remain on the premises
at any time.
KENNEL, COMMERCIAL
Any premises maintained for the boarding, breeding, grooming
or training of dogs, or where five or more dogs six months of age
or older are kept.
KENNEL, RESIDENTIAL
Any premises where four dogs over the age of six months are
owned, kept, harbored, or temporarily cared for.
LICENSING PERIOD
The time between January 1 and the following December 31,
both dates inclusive.
OWNER
Any person who, individually or jointly, owns or keeps an
animal within the Town of Eastham.
POTENTIALLY DANGEROUS
Any dog which, when unprovoked, chases or approaches a person
upon the public ways or on any public or private property, other than
the animal's own premises, in a menacing fashion or in an apparent
attitude of attack; or any dog with a known propensity, tendency,
or disposition to attack when unprovoked, to cause injury, or to otherwise
threaten the safety of human beings or domestic animals.
Any person owning, keeping, or otherwise responsible
for any animal, whether companion, pet, farm animal or livestock,
who confines that animal by tethering, fencing, or other means, and
such confinement exposes the animal to the elements for an unreasonable
amount of time depending on conditions, shall provide the animal access
to adequate shelter from the elements of weather such as rain, cold,
or sun. Potable water must be available to the animal at all times.
No person owning, keeping, or otherwise responsible
for a dog or other animal shall allow or permit said animal to annoy
another person's reasonable right to peace or privacy by making loud
or continuing noise, where such noise is plainly audible at a distance
of 100 feet from the building, premises, vehicle, or other means of
conveyance or housing of said dog, or where such noise is continuing
for 15 minutes. The fact that such noise is plainly audible at said
distance or continuing in excess of 15 minutes shall be prima facie
evidence of a violation. This section shall also apply to commercial
kennels, except that noise continuing for 15 minutes or more, is limited
between the hours of 7:00 p.m. and 7:00 a.m.
[Amended 5-6-2013 ATM
by Art. 27; 5-7-2018 ATM by Art.
27]
A. The Animal
Control Officer or any police officer of the Town shall be empowered
to enforce provisions of this Bylaw.
B. In addition
to the remedies set forth in this bylaw and in MGL c. 140, §§
136A to 174E, inclusive, including but not limited to MGL c. 140,
§ 157A, or any other applicable provision of law, this chapter
may be enforced through any lawful means in law or in equity, including,
but not limited to, noncriminal disposition pursuant to MGL c. 40,
§ 21D. If noncriminal disposition is elected, then any person
who violates any provision of this chapter shall be subject to the
following penalties:
(2) Second
offense: $100 fine.
(3) Third
offense: $200 fine.
(4) Fourth
and Subsequent offense: $300 fine.
C. Each day
or portion thereof shall constitute a separate offense. If more than
one, each condition violated shall constitute a separate offense.
A separate offense is not limited to an offense within a calendar
year from the first offense.
D. The Town
may enforce this chapter or enjoin violations thereof through any
lawful process, and the election of one remedy shall not preclude
enforcement through any other lawful means.