[HISTORY: Adopted by the Town Meeting of
the Town of Belchertown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-13-1985 ATM by Art. 20 (Art. 11 of the 1985
Compendium of Bylaws); amended in its entirety 5-11-2009 ATM by Art. 18]
It shall be the duty of every owner or keeper of any dog to
exercise reasonable care and take all necessary steps to comply with
this article, including licensing and keeping his or her dogs under
control at all times to protect other people, property, and animals
from injury or damage which might result from his or her animal's
behavior. If the owner or keeper of any dog is a minor, the parent
or guardian of such minor shall be responsible to ensure that all
provisions of this article are complied with.
As used in this article, the following terms shall have the
meanings indicated:
The person or persons appointed by the Select Board to enforce
this article.
Any person harboring a dog under a nonprofit rescue group
or charitable organization for no more than a year.
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog (MGL c. 140, § 136A).
See definition(s) in § 15-5, below.
The time between January 1 and the following December 31,
both dates inclusive.
Any person who licenses a dog or keeps a dog for 30 days
or longer. For the purposes of this article, the parent or guardian
of a minor who owns or keeps a dog shall be considered the dog's owner
or keeper.
Within the boundaries of the land where the owner sleeps.
A dog trained in service of a person with a disability.
The public Animal Control facility for the Town of Belchertown.
The Board of Selectman shall appoint an Animal Control Advisory
Board.
A.
The
Board shall consist of seven members, each serving for two years.
Three members on the initial Board shall be appointed to one-year
terms to stagger appointments. A majority of the members shall hear
each case.
C.
The Board shall have the authority to conduct hearings with regard to assigning fines or other penalties for violations of this article, specifying means of confinement, requiring confiscation of dogs and inspection of premises, arbitrating neighborhood disputes regarding dog nuisances, and other remedies, as described in Subsection D, below. A majority of members shall constitute a quorum to conduct a hearing.
D.
After
a hearing is held, the Board may impose reasonable conditions on the
owner or keeper of the dog, including, but not limited to, the following:
requiring the owner or keeper to participate in dog training classes,
responsible ownership sessions, or animal husbandry classes conducted
by the state Department of Agriculture or a local organization representing
responsible animal owners.
E.
Decisions
of the Board may be appealed to the Board of Selectman.
A.
Any
dog over three months of age may be licensed. As soon as a dog becomes
six months of age, the owner shall license it with the Town Clerk
by:
B.
No
license shall be issued unless the owner has filed with the Town Clerk
a valid certificate of vaccination against rabies showing the vaccination
date, the expiration date and signed by a veterinarian. The Town Clerk
shall record the date of expiration of each license.
C.
The
licensing period shall begin January 1 and shall run for one year.
Renewal applications shall be made between December 1 and January
30.
D.
Application
for a license must be made within 30 days after obtaining a dog six
months of age or older.
E.
No license fees shall be required for service dogs or service dogs in training or foster dogs as defined in § 15-2 for a not-for-profit organization. No license fee shall also be required for dogs under the care of a not-for-profit rescue organization located within the Town of Belchertown as long as such organization is registered with the Commonwealth of Massachusetts as a not-for-profit rescue organization. Application shall be made with proof of foster contract from registered not-for-profit, or proof of not-for-profit status, however, to the Town Clerk who shall issue the license, which the owner shall cause to be worn by the dog,
[Amended 5-14-2012 ATM
by Art. 17]
F.
The Town Clerk shall maintain records of the identifying numbers
of all licenses issued and shall make this record available to the
public.
G.
No person shall be issued a license during a period of two years
from the date of his/her being found guilty or penalized for cruelty
to animals. Any license already issued must be surrendered immediately
following the conviction/penalty upon demand of the Town Clerk (MGL
c. 140, § 137D).
H.
No fee received for a license or tag made void under this section
shall be refunded to the holder thereof (MGL c. 140, § 137D).
A.
For
the health, safety and well-being of dogs are that are kept/maintained
in groups and to ensure that such groups do not pose a nuisance or
health problem for neighbors, the Town or dog owners, the following
definitions of different types of kennels apply:
(1)
PERSONAL KENNEL — One pack or collection of more
than four dogs which are six months old or over, owned or kept by
a person on a single premises, under one ownership, for private personal
use. Breeding of personally owned dogs may take place for the purpose
of improving the breed, exhibiting, showing, use in sporting activity
or other personal reasons, provided that selling, trading, bartering
or the distribution of such breeding from a personal kennel shall
be to other breeders or individuals by private sale only and not to
wholesalers, brokers or pet shops. Dogs temporarily housed at a personal
kennel in conjunction with an animal shelter or registered nonprofit
agency may be sold, traded, bartered or distributed as long as the
transfer is not made for the purpose of making a profit. Personal
kennel licenses shall be obtained through the Town Clerk, who shall
issue a license for each qualified dog.
(2)
COMMERCIAL BOARDING KENNEL — A kennel or establishment,
other than an animal shelter or animal control facility, used for
overnight boarding, holding, or stays for a fee or consideration.
This does not include dogs owned by the operator, grooming facilities
holding dogs solely for the purpose of grooming and not overnight
boarding, time-limited training or obedience training programs, day-care
services, breeders who board intact males or females for a period
of time for the sole purpose of breeding, individuals who temporarily,
and not in the normal course of business, board or care for animals
owned by others, or a licensed pet shop.
(3)
COMMERCIAL BREEDER KENNEL — An establishment engaged
in the business of breeding animals for sale or for exchange to wholesalers,
brokers or pet shops in return for consideration.
(4)
DOMESTIC CHARITABLE CORPORATION KENNEL — A facility
operated, owned, or maintained by a domestic charitable corporation
registered with the town, or an animal welfare society or other nonprofit
organization incorporated for the purpose of providing for and promoting
the welfare, protection and humane treatment of animals. A domestic
charitable corporation kennel includes a veterinary hospital or clinic
operated by a licensed veterinarian, which operates for the above
purpose in addition to providing medical treatment and care.
(5)
VETERINARY
KENNEL — A veterinary hospital or clinic that boards
dogs for reasons in addition to medical treatment or care. This shall
not apply to a hospital or clinic used solely to house dogs that have
undergone veterinary treatment, observation, or are waiting for such
treatment only for the period of time needed to accomplish the needed
veterinary care.
B.
Issuance
of a commercial boarding kennel, commercial breeder kennel, domestic
charitable corporation kennel or veterinary kennel license shall be
contingent upon inspection and approval by the Animal Control Officer
to ensure that basic standards of cleanliness and proper care and
confinement of said dogs exist on the premises. The name and address
of the owner of each dog kept in these types of kennels, if other
than the person maintaining the kennel, and a veterinarian's verification
that each dog six months of age or older is currently vaccinated against
rabies, shall be kept on file at the kennel and available for inspection
by the Animal Control Officer or any other authorized persons.
C.
All
kennel license fees shall be set by the Select Board and it shall,
upon application, issue without charge a domestic charitable corporation
kennel license to any domestic charitable corporation which qualifies.
The license period for a kennel license shall be from January 1 to
December 31, inclusive. The processes and forms by which to apply
for all types of kennels, except the personal kennel license, shall
be issued by the Select Board in consultation with the Animal Control
Advisory Board.
D.
The
Animal Control Officer may, at any reasonable time, inspect any kennel
or premises for which a kennel license has been issued.
E.
If
the Animal Control Officer, after inspection, determines that the
kennel or premises that are the subject of a kennel license are not
kept in a sanitary or humane condition, or if records are not kept
as required by law, the Animal Control Advisory Board may, by order
after hearing, revoke or suspend such license. If a license has been
revoked or suspended, the license may be reinstated after inspection
and in accordance with the procedure set forth below.
F.
Within
seven days after such public hearing, said Animal Advisory Control
Board shall make an order either revoking or suspending such kennel
license, or otherwise regulating said kennel or premises, or dismissing
said petition.
G.
The
holder of such license or other person who is the subject of an order
may appeal to the Select Board or petition the District Court for
relief in accordance with MGL c. 140, § 137C.
H.
Any
person maintaining a personal or commercial kennel after the license
has been so revoked, or while such license is so suspended, may be
punished by a penalty for each day in violation of said revocation
or suspension. In addition to any other legal remedies that may be
available, the Animal Control Officer or other designated enforcing
person may enforce these penalties.
Any owner or keeper who fails to comply with any of the following
shall be in violation of this article:
A.
Unlicensed dog: a dog, six months or older, which is unlicensed or
not relicensed by January 30 each year.
B.
Running at large: to go beyond the boundaries of the owner's or keeper's
property unless the dog is in sight and under voice command and does
not trespass on private property. Dogs in the act of training, working,
hunting, or guarding are excepted.
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Exception: All dogs shall be confined within a vehicle in an
appropriate, safe manner that prevents escape, or secured by a leash
or lead no longer than six feet in length, and under the control of
a responsible person while on any public street, road, highway, or
parking area where motor vehicles are present. Furthermore, all dogs
shall be secured by a leash or lead no longer than six feet in length
and under the control of a responsible person while walking on any
public sidewalk or way; or attending any outdoor function or event
within the Town that is open to the public and for which dogs in attendance
are allowed. Dogs that are participating or exhibiting in that function
are excepted.
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C.
To chase a pedestrian, bicycle or any other vehicle.
D.
To bark excessively: a dog that causes a disturbance that interferes
with a person's reasonable right to peace or privacy by barking, yelping,
whining, howling, growling or otherwise repeatedly making noise for
an extended period at any time of the day or night. Noise generated
by dogs utilized in the production of crops, livestock or poultry
is not subject to this excessive barking section.
E.
Worrying livestock: to worry, tease, threaten, injure or kill another's
livestock, fowl or pet.
F.
Vicious dog: a dog that attacks, bites or injures human beings, pets,
companion animals or livestock or which, because of temperament, conditioning,
or training has a known propensity to attack, bite or injure human
beings, pets, companion animals or livestock. No dog may be declared
vicious if a threat, injury or damage was sustained by a person who,
at the time, was committing a willful trespass or other tort upon
the premises occupied by the owner or keeper of the dog, or was teasing,
tormenting, abusing, or assaulting the dog or has, in the past, been
observed or reported to have teased, tormented, abused or assaulted
the dog or was committing or attempting to commit a crime, except
as may be provided for in MGL c. 140, § 155. The definition
shall not be construed to include dogs that are part of a governmental
organization or a trained guard dog in performance of its duties.
A trained guard dog is one that comes from a reputable, licensed training
facility as defined by MGL c. 129, § 39B.
G.
Unvaccinated dog: a dog without proof of current rabies vaccination
on file with the Town Clerk.
H.
Violation of quarantine: to allow a dog to run at large during the
dates of a mandated quarantine following the possibility of exposure
to rabies, as indicated by a veterinarian or the Animal Inspector
or Board of Health. "Quarantine" is defined by state law as maintenance
of a domestic animal in an escape-proof, solid-walled building with
a roof, approved by the Animal Inspector of the municipality. The
animal may be leash walked by an adult.
I.
Order to restrain: allowing a dog to continue to run at large or
continue behavior which has been determined to violate this article
by the Animal Control Advisory Board in a prior hearing.
J.
Untagged dog: a dog found to be without a collar and attached valid
Town license.
A.
All owners and keepers are expected to treat their dogs in a humane
and caring manner. owners and keepers who do not maintain minimum
standards of feeding, watering and housing are in violation of this
article. Any owner or keeper who fails to provide adequate drink,
food, space, shelter, sanitary conditions, necessary veterinary care,
and/or who causes unnecessary suffering of any dog, shall be deemed
in violation of this article. For the purposes of determining if the
owner or keeper has so failed to treat his or her dogs in a humane
and caring manner, the following definitions shall apply:
(1)
"Proper drink" means clear, drinkable water in adequate supply.
(2)
"Proper food" means food which shall be wholesome, palatable, free
from contamination, provided in sufficient quantity and which is species-appropriate
and offered daily.
(3)
"Proper space" means an area sufficient to enable a dog to stand
to its full height, turn around, lie down and make normal postural
adjustments. Space and provision for exercise must be appropriate
and sufficient.
(4)
"Proper shelter" means access to shelter that provides protection
from weather, i.e., sun, wind, precipitation or other inclement weather
conditions, and shelter that is maintained in a clean and sanitary
condition free from extreme odor.
(5)
"Necessary veterinary care" means veterinary medical attention appropriate
to the circumstances whenever a dog is known or reasonably suspected
to have suffered an injury, whether accidental or deliberate, or which
exhibits signs of disease process such as shock; temperature fluctuation;
tremors; swelling; broken bones; open wounds; inability to eat or
drink; blistering; irregular or abnormal breathing; partial or total
paralysis; abnormal discharge or bleeding; mange; or other health
problems.
B.
It shall be unlawful to leave a dog unattended in a parked vehicle
without proper ventilation to prevent the dog from suffering physical
distress.
C.
It shall be unlawful to transport dogs riding unsecured in the back
of pickup or other trucks.
D.
Any Animal Control Officer or other officer empowered to act by law
may impound any dog that is not being treated humanely, as defined
by this article.
Any owner or keeper shall be responsible for the removal of
any fecal material deposited by his/her dog on public ways, private
property, public sidewalks, public recreation areas, school property,
other public property and the Town Common.
A.
Any
resident may, verbally or in writing, inform the Animal Control Officer
of any violation by describing the dog in detail. The dog owner against
whom the complaint is filed may be notified by the Animal Control
Officer of the nature of the informal complaint.
B.
The
Animal Control Officer shall make a log of all informal complaints
received.
A.
Complaint forms shall be readily available from the Animal Control
Officer, the Select Board's office and the police station. Any person
may file this form at the office of the Animal Control Officer or
the Select Board or by mailing it to the Animal Control Officer, Town
Hall, P.O. Box 670, 2 Jabish Street, Belchertown, MA 01007.
B.
Within seven days of receiving a formal complaint, the Animal Control
Officer shall make a report stating the progress of the investigation
to the complainant.
C.
If the complainant remains unsatisfied with the report, he/she may
refile the complaint with the Animal Control Advisory Board. A formal
hearing may be called. After any hearing, the decision of the Animal
Control Advisory Board may be appealed to the Select Board.
D.
An appeal to the District Court of any order of the Select Board
or Animal Control Advisory Board to remove or destroy a dog shall
automatically stay such order until the District Court issues a decision
with regard to the order. The owner or keeper of a dog subject to
an appealed order of removal or destruction shall be required to restrain
the dog during the pendancy of the appeal. "Restraint" shall include
the following: the owner or keeper shall maintain the dog in a safe
manner, to include keeping the dog on a leash at all times, keeping
the dog inside of the owner's or keeper's house, except as necessary
for the dog to relieve itself, and keeping the dog on the property
of the owner or keeper, and/or such other conditions as the Select
Board or Animal Control Officer or Animal Control Advisory Board shall
require to protect the public safety.
E.
A violation of an order of restraint arising from an appeal of an
order to remove or destroy a vicious dog shall result in the immediate
impoundment of the dog until such time as the District Court issues
a decision with regard to the order, or until such earlier time as
the Select Board may determine after a hearing.
A.
The Animal Control Officer, acting upon a formal complaint and/or
two or more informal complaints from separate sources within a twelve-month
period may serve a citation, having the force of law, on the owner
or keeper. The citation shall describe the dog's conduct, cite the
violation and secure enforcement by these means:
(1)
Warning. A warning shall state a deadline for compliance and other
steps of enforcement, as may be applicable.
(2)
Restraint. The owner or keeper may be ordered to restrain the dog
in a specific manner. If the owner or keeper fails to comply, the
Animal Control Officer may impound the dog.
(3)
Penalty. A penalty for violation of this article may be levied to
the maximum of $50 for each offense, except for vicious dogs and failure
to vaccinate against rabies, for which the maximum penalty is $100,
to be paid to the Town Clerk. Each day of a continuing offense shall
be considered a separate violation. The enforcing persons for violation
of this article are the Animal Control Officer and any police officer
of the Town.
[Amended 5-12-2014 ATM
by Art. 18]
C.
Town police officers may issue citations for violations of this article.
D.
The owner or keeper has the right of appeal to the Animal Control
Advisory Board within 10 days of the citation's issue. If the owner
or keeper requests a hearing before the Animal Control Advisory Board
based on a citation issued from informal complaints, the complainant's
identity must be revealed and the complainant shall be in attendance
at the hearing. After a hearing before the Animal Control Advisory
Board, the owner or keeper has the right to appeal to the Select Board.
E.
Filing an appeal suspends a fine or restitution, but not a restraint
order.
F.
Upon the violation of an order of restraint issued by the Animal
Control Advisory Board, the dog shall be immediately impounded. If
the order of restraint has been appealed to the Select Board, the
dog shall be impounded until such time as the Select Board makes a
decision with regard to the appeal of the order of restraint. If the
order of restraint issued by the Select Board has been appealed to
the District Court, the dog shall be impounded until such time as
the District Court makes a decision with regard to the appeal of the
order of restraint or until such earlier time as the Select Board
may determine after hearing. If the order has not been appealed to
the District Court, the dog shall be impounded pending another hearing
of the Select Board.
A.
The Animal Control Officer or other person may file a complaint and
request a hearing by the Animal Control Advisory Board. The owner
or keeper, the complainant, and the Animal Control Officer shall be
sent written notice at least seven days prior to the scheduled hearing.
In the case of an emergency, determined by the Chair of the Animal
Control Advisory Board, the hearing may be held before the seven days
expires. In that case, the Animal Control Officer shall provide any
notice that may be reasonable in the circumstances.
B.
The complainant shall testify. Other witnesses may testify. The Animal
Control Advisory Board shall issue a written decision (stating findings
of fact and conclusions of law) within seven days of the close of
the hearing to the complainant and the owner or keeper. After a hearing
before the Animal Control Advisory Board, the owner or keeper may
appeal to the Select Board.
D.
The owner or keeper has the right of appeal to the Select Board and/or
District Court in accordance with MGL c. 140, § 157. An
appeal shall be made within 10 days of the postmark on the notice
of the decision.
A.
The Animal Control Officer may pick up any dog that the Animal Control Officer finds to be in violation of this article as provided in § 15-6.
B.
If, by license tag or other means, the owner of an impounded dog
can be identified, the Animal Control Officer shall return the dog
to the owner and issue a citation or he/she may take the dog to the
Town shelter and confine it in a humane manner. However, if the means
of identification of the dog is by a tag other than a current license,
the Animal Control Officer shall not release the dog until such time
as the owner obtains a license from the Town Clerk's office. Dogs
discovered to be unlicensed and/or without verifiable or current rabies
vaccination shall be impounded until such time as the rabies vaccination
is verified or made current by a veterinarian, and the dog is currently
licensed by the Town.
C.
Impounded dogs shall be kept for seven days unless claimed by the
owner.
[Amended 5-12-2014 ATM
by Art. 18]
D.
If a veterinarian determines that a dog is seriously ill or injured,
and an owner or keeper is not discovered after reasonable efforts,
or, if found, the owner or keeper refuses to take custody of or provide
the necessary veterinary treatment for said dog, the dog may be euthanized
before the 10 days is over. However, if the owner is known or later
discovered, and the dog is euthanized, the owner shall be responsible
for any outstanding veterinarian bills incurred due to the treatment
or euthanization of his/her dog.
F.
Any dog not claimed after seven days shall become the property of
the Town under the custody of the Animal Control Officer. The dog
may then be placed for adoption by the Town, released to a state-approved
shelter/rescue for adoption or euthanized as deemed necessary by the
Animal Control Officer in consultation with a veterinarian.
[Amended 5-12-2014 ATM
by Art. 18]
G.
Dogs found to be without a current rabies vaccination or current
Town license shall be impounded until such time as the rabies or licensing
information can be either obtained or verified, or until such time
as vaccination or licensing are brought to date as required by this
article and Massachusetts General Law (MGL c. 140, § 145B).
H.
The owner of a dog impounded for lack of rabies vaccination or licensing,
shall pay for the impoundment fees and any other fees incurred during
the time the dog is impounded. Such fees may include, but are not
limited to, impoundment fees, daily fees, and veterinarian fees.
A.
The Animal Control Advisory Board and/or the Select Board may revoke
a license if any person fails to comply with this article or any law
governing the protection and keeping of dogs.
B.
The Animal Control Advisory Board and/or the Select Board shall review
all licenses issued to dog owners against whom three or more violations
of this article have been found in the previous twelve-month licensing
period.
C.
Any owner whose license is revoked shall, within 10 days thereafter,
be responsible for the placement or humane disposal of the offending
dog, and no part of the license fee shall be refunded.
In the event that a clause of this article is found in violation
of state law, that clause shall be severable, and the remainder of
the article shall continue in full effect.
