Mission statement of the Sterling Animal Control Bylaw as established
in 1999 shall be: "To protect people from animals and animals from
people."
As used in this bylaw, the following terms mean:
ABANDONMENT
The willful and intentional leaving behind or desertion of
an animal causing such animal to become a public charge.
ABUSED ANIMAL
Any animal which:
A.
Is proven to be mistreated, beaten, tormented or teased; or
B.
Is deprived of water or food or shelter; or
C.
Is kept under unsanitary conditions; or
E.
Is trained for fighting other animals.
ANIMAL
Any dog, cat and/or domestic animal.
ANIMAL BUSINESS
Any pet shop, grooming shop, or boarding facility, animal
day-care facility, pet sitting enterprise, except this term shall
not include animal shelter, veterinary medical facilities, licensed
research facilities, facilities operated by government agencies, or
licensed animal dealers regulated by the USDA under the provisions
of US Public Laws 89544 and 91579.
ANIMAL CLINIC or VETERINARY HOSPITAL
A facility where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the clinic or hospital use.
ANIMAL CONTROL OFFICER (ACO)
The person or persons who is recommended by the Police Chief
and appointed by the Select Board to enforce Sterling's Animal Control
bylaw and respond to incidents in which animals are involved.
APPROVED ANIMAL FACILITY
Any animal facility published by the Massachusetts Department
of Agricultural Resources (MDAR) as a "Massachusetts approved shelter
and rescue organization" and listed as "out of states," meaning facilities
listed as such have approved isolation facilities.
AT LARGE
Any animal shall be deemed to be at large when off the property
of the owner and not under restraint.
COMMERCIAL BOARDING OR TRAINING KENNEL
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment, at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that "commercial boarding or training kennel''
shall not include an animal shelter or animal control facility, a
pet shop licensed under MGL c. 129, § 39A, a grooming facility
operated solely for the purpose of grooming and not for overnight
boarding or an individual who temporarily, and not in the normal course
of business, boards or cares for animals owned by others. (MGL c.
140, § 136A)
[Added 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
COMMERCIAL BREEDER KENNEL
An establishment, other than a personal kennel, engaged in
the business of breeding animals for sale or exchange to wholesalers,
brokers or pet shops in return for consideration. (MGL c. 140, § 136A)
[Added 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
COMPANION PET
Any dog, cat and any other domesticated animal, requiring
licensure and maintained in or near the household of the owner or
person who cares for such domesticated animals, in addition to being
spayed or neutered.
DANGEROUS ANIMAL
A.
Any animal which constitutes a physical threat to human beings
or other domestic animals, as determined by the Animal Control Advisory
Board, by virtue of a known propensity to endanger life by an unprovoked
assault or bite so as to cause serious bodily harm; an animal trained,
owned, or harbored for the purpose, primarily or in part, of animal
fighting.
B.
Exceptions: An animal shall not be deemed dangerous if:
(1)
It bites, attacks, or menaces:
(a)
Anyone assaulting the owner; or
(b)
A trespasser on the property of the owner; or
(c)
Any person or other animal who has tormented or abused it; or
(2)
It is otherwise acting in defense of an attack from a person
or other animal upon the owner or other person; or
(3)
It is protecting or defending its young or other animal.
DOG LICENSE
A document, issued annually, upon receipt of a veterinarian's
certificate verifying that each dog licensed over the age of six months
is currently vaccinated against rabies.
DOG WASTE
Solid wastes defecated by said dog on any property, other
than the property of the dog owner.
DOMESTICATED ANIMAL
All animals, including poultry, that are kept or harbored
as domesticated animals. Poultry as used in this section shall include
chickens, roosters, capons, hens, turkeys, pigeons, guinea fowl, and
ducks and geese other than wild species. (MGL Chapter 129)
DOMESTIC CHARITABLE CORPORATION KENNEL
A facility operated, owned or maintained by a domestic charitable
corporation registered with the Massachusetts Department of Agricultural
Resources 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, including a veterinary
hospital or clinic operated by a licensed veterinarian, which operates
consistent with such purposes while providing veterinary treatment
and care. (MGL c. 140, § 136A)
[Added 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
EUTHANASIA
To take the life of an animal by the administration of barbiturates
in a manner deemed acceptable by the American Veterinary Medical Association
Guidelines on Euthanasia, or by gunshot in the case of an emergency.
[Amended 5-1-2023 ATM by Art. 35, approved 8-10-2023]
FEE
A sum of money paid for service or a fixed charge.
FINE
A sum of money imposed as punishment for an offense.
HUMANE MANNER
Care of an animal to include, but not be limited to, adequate
heat, ventilation and sanitary shelter, wholesome food and water,
consistent with the normal requirements and feeding habits of the
animal's size, species, and breed.
IMPOUND
To detain and/or hold any domestic animal in a humane manner
within a specified area or approved animal facility.
IMPOUND FEE
A predetermined charge for all daily costs incurred by the
Municipal Impound for the humane manner of care provided to any animal(s)
impounded, as determined by the ACO.
ISOLATION
Restricting a domestic animal from any direct human or other
animal contact; confining the animal to a facility approved by the
Animal Inspector of the appropriate municipality; or isolation at
home under conditions approved by the Animal Inspector of the municipality.
KENNEL
A pack or collection of dogs on a single premises, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel. (MGL c. 140, § 136A)
[Amended 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
KENNEL LICENSE
A document issued annually and contingent upon receipt by
the Town Clerk of both a completed kennel application validating compliance
to all provision listed as kennel license requirements as set forth
in this bylaw and a veterinarian's certificate verifying each dog
over the age of six months is currently vaccinated against rabies.
KENNEL LICENSE TAGS
Durable tags, numbered according to applicable kennel classification
and issued annually in accordance with all provisions stated within
the kennel requirements section of this bylaw.
LICENSE TAG
A durable tag issued annually upon licensure of any animal
by the Town Clerk and upon which shall appear the name of the Town
issuing such license, a tag number and the year of issue.
LICENSING AUTHORITY
The Town Clerk or any designated representative thereof charged
with administering the issuance and/or revocation of licenses under
the provisions of the bylaw. The Town Clerk shall issue licenses and
tags on a form prescribed and furnished by the Town Clerk's office.
MUNICIPAL IMPOUND
A temporary holding area, designated by the Sterling Chief
of Police and/or the ACO. The designated area shall be located within
the boundaries of the Town of Sterling and contain a proper enclosure,
approved by the ACO and as described herein. This area is not approved
for quarantine.
NEUTERED
Referring to a male animal that has had its ability to reproduce
surgically altered by a veterinarian or referring to the procedure
itself.
[Amended 5-1-2023 ATM by Art. 35, approved 8-10-2023]
NONRESIDENT
A person who is a resident of Massachusetts but who resides
in a city or Town other than Sterling, a person who is a resident
of another state, or both.
NUISANCE
Repetitive, domestic animal behavior documented by the ACO to constitute an ongoing violation of §
18-6 of this bylaw and demonstrated by the animal(s) with any of the following action(s):
A.
Frequently running at large; or
B.
Causing constant disturbance by excessive barking or other noise
making; or
C.
Chasing vehicles or bicycles; or
D.
Threatening, attacking, or interfering with livestock and other
domestic animals or persons, but such threat, attack, or interference
was not a grossly disproportionate reaction under all the circumstances;
or
[Amended 5-1-2023 ATM by Art. 35, approved 8-10-2023]
E.
Recurring deposits of dog waste; or
F.
Causing damage to another’s property.
[Added 5-1-2023 ATM by Art. 35, approved 8-10-2023]
OWNER
A person (or, in the event of a minor, the legal guardian)
having the right of property or custody of an animal or who keeps
or harbors an animal or knowingly permits an animal to remain on or
about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
PERSONAL KENNEL
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership, for private personal
use; provided, however, that breeding of personally owned dogs may
take place for the purpose of improving, exhibiting or showing the
breed or for use in legal sporting activity or for other personal
reasons; provided, further, that selling, trading, bartering or distributing
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; provided, further, that a personal kennel shall not sell,
trade, barter or distribute a dog not bred from its personally-owned
dog; and provided, further, that dogs temporarily housed at a personal
kennel, in conjunction with an animal shelter or rescue registered
with the department, may be sold, traded, bartered or distributed
if the transfer is not for profit. (MGL c. 140, § 136A)
[Added 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
PET SHOP
Every place or premises where birds, mammals or reptiles
are kept for the purpose of sale at either wholesale or retail, import,
export or barter, exchange or gift. (MGL c. 129, § 1)
PROPER ENCLOSURE
A secure confinement indoors or in any outside securely enclosed
and locked pen or structure, resistant to tunneling, suitable to prevent
the entry of young children and designed to prevent the animal from
escaping. Such pen or structure must have secured sides, in addition
to a secure top to provide protection from the elements for the animal.
PUBLIC AREAS
Include Town Beach, Town Common and Memorial Area, playing
fields, school property, greenways, Town buildings and grounds, cemeteries,
public ways and walks.
QUARANTINE
To hold in segregation from the general animal population
any dog or cat or companion pet because of the presence or suspected
presence of a contagious disease.
RABIES VACCINATION
The inoculation of an animal against rabies in accordance
with state law and the "Compendium of Animal Rabies Prevention and
Control."
RESEARCH INSTITUTE
Any institution operated in the United States or by the commonwealth
or a political subdivision thereof, or any school or college of medicine,
public health, dentistry, pharmacy, veterinary medicine or agriculture,
medical diagnostic laboratory or biological laboratory, hospital or
other educational or scientific establishment within the commonwealth
above the rank of secondary school, which, in connection with any
of its activities, investigates or gives instruction concerning the
structure or functions of living organisms or the cause, prevention,
control or cure of disease or abnormal conditions of human beings
or animals. (MGL c. 140, § 136A).
RESTRAINT
An animal shall be considered under restraint if it is:
A.
Within the real property limits of its owner or keeper or on
the premises of another person with the knowledge and express permission
of such person; or
B.
Secured by a leash, lead; or
C.
Under the direct control of the owner.
SERVICE DOG/ANIMAL
A service dog or animal as defined by the Americans with
Disabilities Act or regulations promulgated thereunder. (MGL c. 140, § 139C)
[Amended 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
SHELTER
A public animal control facility or any other facility which
is operated by any organization or individual for the purpose of protecting
animals from cruelty, neglect or abuse. (MGL c. 140, § 136A)
SPAYED
Referring to a female animal that has had its ability to
reproduce surgically altered by a veterinarian or referring to the
procedure itself.
[Amended 5-1-2023 ATM by Art. 35, approved 8-10-2023]
SPECIAL PERMIT
A permit issued pursuant to MGL c. 40A, § 9, and the Sterling Protective Bylaw. In accordance with case law, neither the Zoning Act nor the Town zoning bylaws gives an absolute right to a special permit. The special permit granting authority is not compelled to grant the permit; it has discretionary power in acting thereon. (See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638-639, 1970 and Sterling Protective Bylaws, Article
5).
[Amended 5-13-2013 ATM
by Art. 49]
STRAY ANIMAL
Includes any dog, cat or domestic animal at large in any
public area and without an apparent home.
STRICT CONFINEMENT
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 or under the direct supervision
of an adult.
VALID LICENSE
A current document and tag from the jurisdiction in which
the animal resides.
VETERINARY KENNEL
A veterinary hospital or clinic that boards dogs for reasons
in addition to medical treatment or care; provided, however, that
"veterinary kennel'' shall not include a hospital or clinic used solely
to house dogs that have undergone veterinary treatment or observation
or will do so only for the period of time necessary to accomplish
that veterinary care. (MGL c. 140, § 136A)
[Added 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
Any person may register or file a complaint to the Animal Control Officer (ACO) stating a dog owned or kept in the Town of Sterling is a nuisance dog, as defined in §
18-2 of this bylaw. The ACO shall investigate the complaint, or request the investigation thereof, including an examination under oath of the complainant be conducted by the Animal Control Advisory Board to determine whether the dog is a nuisance as alleged. There are two types of animal control complaints; formal and informal. A formal complaint will require a signed, detailed explanation of the complaint in writing and filed with the ACO on an approved complaint form.
A. Registering an informal complaint:
(1) Any person may inform the Animal Control Officer by telephone through
police dispatch, or by letter, of any animal control violation with
the following information to be included:
(a)
Identifying him/herself with name and address; and
(b)
Describing the dog situation in detail (dog breed, owner's name,
actual complaint, etc.); and
(c)
Describing the exact location of said dog and the situation
at the time the violation occurred.
(2) The ACO shall make a log of all information received.
(3) Follow-up action by the Animal Control Officer to all informal complaints
shall be recorded in the ACO monthly report(s).
B. Filing a formal animal control complaint:
(1) Official formal complaint forms shall be readily available upon request
from the ACO and/or the Police Department. Formal complaint forms
must be signed or they will not be acted upon. Official complaint
forms shall be filed in person or by mail at the Sterling Police Station,
c/o ACO, 135 Leominster Road, Sterling MA 01564.
(2) Follow-up will be within 10 work days of dated receipt of any formal
complaint by the ACO who shall make a progress report in writing to
the complainant and retain a file copy.
(3) If the complainant remains unsatisfied, he/she may refile the original
complaint with the Animal Control Advisory Board, 1 Park Street, Sterling,
MA 01564, to request an informational meeting be scheduled.
An adoption fee of $25 shall be assessed at the time of adoption.
No dog or cat shall be released for adoption as a pet without first
being neutered or spayed or without a written agreement from the adopter
guaranteeing that the animal will be neutered or spayed. Vaccination
fees, licensing fees, and veterinary costs shall be charged and are
above and beyond the adoption fee.
The Select Board shall appoint at least three, but no more than
seven, members to the Animal Control Advisory Board on an annual basis.
This Board should include a cross section of the community and should
also include individuals with professional knowledge pertinent to
the member's responsibilities (for example, an attorney, veterinarian,
police officer, humane society representative, etc.). Upon request
from the Animal Control Officer, the Animal Control Advisory Board
shall be charged to evaluate animal control problems by collecting
necessary data, hearing expert opinion, holding public hearings, etc.,
and shall recommend solutions or actions necessary to resolve such
problems. If resolution is not satisfactory at the level of the Advisory
Board, the Animal Control Advisory Board will recommend the issue
be brought to the Select Board for further review. It would also recommend
appropriate rules and regulations for the care and control of animals
and facilities covered by the bylaw and review budgets and contracts
for animal control.
If any section, sentence, clause or phrase of this bylaw is
for any reason held to be invalid or unconstitutional by a decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of these sections.
The Town of Sterling hereby finds, determines and declares that
this bylaw is necessary for the immediate preservation of the public
health, safety and welfare of the Town of Sterling and the inhabitants
thereof.
All monies received by the Town for licenses for dogs or kennels,
or recovered as fines or penalties by the Town either under Sterling's
General Bylaws, Sterling's Protective Bylaws or under provisions of
Massachusetts General Law, Chapter 140, or any law relating to the
regulating of dogs, shall be paid to the general fund of the Town
of Sterling.
Noncriminal dispositions (citations) pursuant to MGL c. 40,
§ 21D, are issued by the Animal Control Officers and or
persons so designated to the owners of animals found to be in violation
of any specified Sterling Animal Control Bylaw. Payment for citations
should be made payable to the Town of Sterling and be mailed or paid
in person to the Town Clerk of Sterling at the Town offices.