[HISTORY: Adopted by the Town of Sterling 12-5-1977 STM by Art. 6, approved
3-8-1978; amended 10-5-1981 STM by Art. 3, approved 1-11-1982; 11-7-1983
STM by Art. 3, approved 1-13-1983; 6-5-1989 ATM by Art. 49, approved 2-10-1993; 5-30-1992 by Art. 31, approved 4-2-1993; Animal Control
Bylaw adopted 5-17-1999 by Art. 35, approved 9-7-1999; amended 5-12-2003 by Arts. 46 and 47, approved with caution
4-2-2004; 10-15-2007 STM by Arts.
14 to 18, approved with caution 2-13-2008; 5-11-2009 ATM by Arts. 52 to 54, approved 9-3-2009; 5-16-2011 ATM by Arts. 40 to 43, approved 9-19-2011;
readopted 5-14-2012 ATM by Art.
19, approved 10-11-2012. Amendments noted where
applicable.]
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:
The willful and intentional leaving behind or desertion of
an animal causing such animal to become a public charge.
Any animal which:
Spayed or neutered.
Any dog, cat and/or domestic animal.
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.
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.
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.
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.
Any animal shall be deemed to be at large when off the property
of the owner and not under restraint.
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]
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]
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.
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.
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.
Solid wastes defecated by said dog on any property, other
than the property of the dog owner.
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)[1]
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]
The putting to death of any animal in a humane manner.
A sum of money paid for service or a fixed charge.
A cat which currently lives in the "wild" and fends for itself,
sometimes previously domestic.
A sum of money imposed as punishment for an offense.
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.
To detain and/or hold any domestic animal in a humane manner
within a specified area or approved animal facility.
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.
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.
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)
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.
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.
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.
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.
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.
Rendered permanently incapable of reproduction.
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.
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 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.
Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
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]
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)
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.
Include Town Beach, Town Common and Memorial Area, playing
fields, school property, greenways, Town buildings and grounds, cemeteries,
public ways and walks.
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.
The inoculation of an animal against rabies in accordance
with state law and the "Compendium of Animal Rabies Prevention and
Control."
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).
An animal shall be considered under restraint if it is:
A service dog or animal as defined by the Americans with
Disabilities Act[3] or regulations promulgated thereunder. (MGL c. 140, § 139C)
[Amended 5-13-2013 ATM
by Art. 50, approved 10-7-2013]
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)
Rendered permanently incapable of reproduction.
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]
Includes any dog, cat or domestic animal at large in any
public area and without an apparent home.
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.
A current document and tag from the jurisdiction in which
the animal resides.
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]
[1]
Editor's Note: The former definition of "domestic charitable
corporation," which immediately followed, was repealed 5-13-2013 ATM
by Art. 50. See now the definition of "domestic charitable corporation
kennel."
[2]
Editor's Note: This article also repealed the former definition
of "kennel commercial," which immediately followed.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A.Â
Individual dog license provisions. A person who at the commencement
of a license period becomes the owner or keeper of a dog six months
old or older, which is not duly licensed, and the owner or keeper
of a dog when it becomes six months old during a license period, shall
cause it to be registered and numbered for the accepted licensing
period. The owner or keeper of a licensed dog shall cause each animal
to wear a collar or harness of leather or other suitable material
around its neck or body, to which shall be securely attached a license
tag in the form prescribed, and upon which shall appear the license
number, the inscription "Town of Sterling," and the year of issue.
Such tags shall be furnished in the same manner as the license by
the Town Clerk. This section shall not apply to a person having a
kennel license or companion pet license, where it is otherwise provided
by law, nor shall it apply to a person having a kennel license. The
registering, numbering, describing and licensing of all types of dog
licenses shall be kept in the office of the Town Clerk. (MGL c. 140,
§ 137, amended 1987, c. 118. The deadline to obtain an individual
dog license shall be April 15.)
B.Â
Companion pet license provisions. Any owner or keeper of one to four
animals requiring licensure, being over the age of six months, being
maintained in a private residence for noncommercial purposes and all
of which have been spayed or neutered, may secure a companion pet
license. The holder of a companion pet license shall cause each animal
to wear, while it is at large, a collar or harness to which shall
be securely attached a license tag upon which shall appear the number
of such license, the year of issue and the inscription "Town of Sterling."
Such license shall be in a form prescribed by the Town Clerk. The
Town Clerk shall not issue a companion pet license, unless the owner
or keeper provides the Town Clerk with veterinarian certificates verifying
that each animal over the age of six months is currently vaccinated
against rabies and copies of certificates confirming the animal is
spayed or neutered. The deadline to obtain a companion pet license
shall be April 15.
C.Â
No Town Clerk shall grant such license for any dog unless the owner
thereof provides such Town Clerk with:
(1)Â
Either a veterinarian certification that such dog has been vaccinated
in accordance with the bylaw provisions and those of MGL c. 140, §
145; or
D.Â
Licensing exemptions. A licensing authority may grant an exemption
from all dog licensing provisions in this bylaw, for any dog which:
(1)Â
Has not yet attained six months of age; or
(2)Â
Any dog which the local board of health, for a specified period of
time, has declared exempt; or
(3)Â
Upon presentation of a veterinarians' certificate stating, that because
of an infirmity, other physical condition or regimen of therapy, the
inoculation is thereby deemed inadvisable; or
(4)Â
Any dog in transit or brought into the commonwealth temporarily for
the sole purpose of showing in shows or exhibition.
E.Â
Whoever is the owner or keeper of a dog or cat in the commonwealth
six months of age or older shall cause such dog or cat to be vaccinated
against rabies by a licensed veterinarian using a licensed vaccine
according to the manufacturer's directions, and shall cause such dog
or cat to be revaccinated at intervals recommended by the manufacturer.
Unvaccinated dogs and cats acquired or moved into the commonwealth
shall be vaccinated within 90 days after the acquisition or arrival
into the commonwealth or upon reaching the age of six months, whichever
last occurs. It shall be the duty of each veterinarian, at the time
of vaccinating any dog or cat, to complete a certificate of rabies
vaccination which shall include, but not be limited to the following
information: the owner's name and address; a description of the animal,
including breed, sex, age, name and distinctive markings; the date
of vaccination; the rabies vaccination tag number; the type of rabies
vaccine used; the route of vaccination; the expiration date of the
vaccine; and the vaccine lot number. The veterinarian shall issue
a tag with each certificate of vaccination. The tag shall be secured
by the owner or keeper of such dog or cat to a collar or harness made
of suitable material to be worn by the dog or cat; provided, however,
that the owner of a cat may choose not to affix a tag to his cat,
but shall have the tag available for inspection by authorized persons.
In the event that a tag is lost, the owner or keeper of the animal
shall, upon presentation of the original vaccination certificate,
be issued a new tag. In addition, any person who fails to comply with
any provisions of this section shall be charged a fine of $25 per
animal.
F.Â
A license, duly recorded, shall be valid throughout the commonwealth,
except that, in the case of permanent removal of a dog into another
town within the commonwealth, the owner or keeper thereof shall, within
30 days after such removal, present the original license and tag of
such dog to the Clerk of the town into which such dog has been removed,
and such Clerk shall take up the same and issue to said owner or keeper
a transfer license, together with a tag, for such dog upon payment
of $1 which shall be retained by the Clerk unless otherwise provided
by law.
G.Â
The licensing period shall be January 1 through and inclusive of
April 15 of the current year. The deadline for procurement of all
types of dog licenses is established as April 15 of each year. New
residents must apply for a license within 30 days of establishing
residence. Every license issued to the owner of a dog shall have a
description of the symptoms of rabies printed thereon. Such description
shall be supplied by the Board of Health.
H.Â
Fees.
(1)Â
For each individual dog in the Town of Sterling, over the age of
six months, an annual fee will be charged by the Town for the issuance
of dog licenses as follows:
(a)Â
Spayed females: $8.
(b)Â
Neutered males: $8.
(c)Â
Companion pet license: $6 per dog.
(d)Â
Intact females: $12.
(e)Â
Intact males: $12.
(f)Â
Late fee for dog licensed after April 15 or more than 30 days
after establishing residence or dog reaching six months of age: $25.
[Added 5-2-2022 ATM by Art. 25, approved 8-18-2022]
(2)Â
No fee to license a dog or other animal shall be charged to the owner(s)
of a service dog/animal, as defined in this bylaw or any dog owner(s)
age 70 years old or older. In order to apply the lower fee to license
a spayed or neutered dog, the owner must provide, to the Town Clerk,
a certificate of spay or neuter from a registered veterinarian for
said dog(s) being licensed.
I.Â
Penalties for violation(s) of § 18-3 shall be:
[Amended 5-2-2022 ATM by Art.
25, approved 8-18-2022]
J.Â
Failure to license a dog or dogs in the Town of sterling may result
in a criminal complaint being issued.
A.Â
Special permit granting authority. Unless specifically designed otherwise,
the Board of Appeals shall act as the special permit granting authority.
B.Â
Kennel license provisions. Any owner or keeper of more than four
dogs six months old or older shall obtain a kennel license. Such license
shall be in a form prescribed by the Town Clerk. Such license shall
be in lieu of any other license for any dog while kept on kennel premises
during any portion of the period of time for which the kennel license
is issued. The holder of a kennel license shall cause each dog kept
therein to wear, while it is at large, a collar or harness, to which
shall be securely attached a durable tag upon which shall appear a
kennel number assigned at the time license was issued, the year of
issuance and the inscription "Town of Sterling." No kennel license
shall be granted until a completed kennel license application, with
full payment of indicated kennel license fees, is receipted by the
Town Clerk. The Town Clerk shall, upon application, issue without
charge a kennel license to any domestic charitable corporation, incorporated
exclusively for the purpose of protecting animals from cruelty, neglect,
or abuse, and for the relief of suffering among animals. A veterinary
hospital shall not be considered a kennel unless it contains an area
for selling, breeding or boarding of dogs for other than medical purposes,
in which case it shall be required to make application for a kennel
license.
C.Â
A kennel license and/or kennel renewal license, respectively, shall
be issued upon receipt of a completed kennel application, accompanied
by payment of applicable license fees, not including other fees. No
fee to license a kennel shall be charged to any kennel owner(s) age
70 years old or older.
[Amended 5-3-2014 ATM
by Art. 38, approved 8-20-2014]
(1)Â
Kennel I: up to and including four dogs (initial and renewal application):
$40.
(2)Â
Kennel II: five and up to 10 dogs (initial and renewal application):
$50.
(3)Â
Kennel III: 11 or more dogs (initial and renewal application): $60.
(4)Â
Late fee for initial or renewal application after April 15: $25.
[Added 5-2-2022 ATM by Art. 25, approved 8-18-2022]
D.Â
Kennel application and renewal requirements are as follows:
(1)Â
Initial
application.
(a)Â
Every
applicant for a kennel license shall submit a completed application
form to the Town Clerk. Issuance of a kennel license shall be contingent
upon compliance with all pertinent sections of this bylaw and receipt
by the Town Clerk of the following information:
[1]Â
A completed kennel license application form including payment
in full of all fees applicable; and
[2]Â
A documented approval from the Zoning Enforcement Officer stating
that issuance of a kennel license to said applicant would not violate
any local bylaws or state rules or regulations with regard to zoning;
and
[3]Â
In addition, where required obtaining a special permit for any
kennel so designated by the Protective Bylaw (Zoning) of Sterling;
and
[4]Â
Written approval from the Animal Control Officer that kennel
applicant is in compliance with the Sterling Animal Control Bylaw
as listed in kennel regulations, as well as any state or federal laws,
rules, and regulations pertaining to animals; and
[5]Â
Written opinion from the Board of Health that the Animal Inspector
has inspected the kennel for the purpose of verifying appropriate
sanitation and husbandry practices are being followed; and
[6]Â
That the kennel applicant is in compliance with all Sterling
Board of Health regulations.
(b)Â
If
any person(s) is issued a kennel license in Sterling previous to the
date this section of the bylaw becomes legally effective, they shall
be exempt to fulfill the kennel application requirements as designated
above. However, they will need to follow the renewal procedure, as
indicated, on an annual basis. At anytime in the future should their
kennel license be revoked or not renewed in the time period provided,
then at that time, prior to the issuance of another kennel license,
they shall be required to comply with all kennel application requirements
as listed above.
(2)Â
Renewal application (annual). Every holder of a kennel license shall
renew the license annually by submitting a completed renewal application
to the Town Clerk. Renewing a kennel license shall be contingent upon
receipt by the Town Clerk of the following information:
E.Â
Kennel license regulations. Every person issued a kennel license
in the Town of Sterling shall be required to:
(1)Â
Keep and maintain at all times on its premises accurate records of
descriptions with regard to the identities of all dogs kept on the
premises, valid copies of current rabies certificates for all dogs
over six months of age and documentation of the current number of
dogs on the premises on each day; and
(2)Â
Keep and maintain at all times on its premises current and accurate
records containing the name and address of the owner of each dog kept
in the kennel if owned by someone other than the person maintaining
the kennel.
F.Â
Kennel license period. A kennel license shall be issued on an annual
basis and must be renewed each year before April 15. Scheduling of
all dates for inspections or permitting processes as outlined in this
section shall be the sole responsibility of the kennel applicant.
G.Â
Penalties for violations of § 18-4 shall be:
[Amended 5-2-2022 ATM by Art.
25, approved 8-18-2022]
H.Â
Failure to license a kennel in the Town of Sterling may result in
a criminal complaint being issued.
A.Â
If any applicant is proven to have withheld or falsified any material
information on the application or renewal form, the Town Clerk may
refuse to issue or may revoke a kennel license.
B.Â
The Town Clerk, upon receiving a written directive from the Select
Board as the result of a public hearing that was based on information
obtained from the Animal Control Officer regarding issues involving,
but not limited to, any Board of Health violations with regard to
kennel inspection(s) or a finding by the ACO of records not being
properly kept as required by law, may revoke any license for a period
of time to be determined by the Select Board or until such time as
all violations are corrected and approved in writing by both the ACO
and the Select Board.
A.Â
It shall be the duty of every owner of an animal, or anyone having
an animal in their possession or custody, to exercise reasonable care
and to take all necessary steps and precautions to prevent any animal
from being a nuisance and to protect people, property, and animals
from injuries or damage which might result from their animal's behavior,
regardless of whether such behavior is motivated by mischief, playfulness,
or ferocity. In the event that the owner or keeper of any animal is
a minor, the parent or guardian of such minor shall be responsible
to ensure that all provisions of this bylaw are complied with.
(1)Â
While on property. It shall be the duty of every owner of any animal,
or anyone having any animal in his possession or custody, to ensure
that the animal is kept under restraint and that reasonable care and
precautions are taken to prevent the animal from leaving, while unattended,
the real property limits of its owner, possessor, or custodian, or
the real property limits of another person with the knowledge and
express permission of the owner of such property. Suggested methods
to restrain an animal include the following: to provide that it is
securely and humanely enclosed within a house, building, fence, pen,
or other enclosure out of which it cannot climb, dig, jump, or otherwise
escape on its own volition, and for such enclosure be securely locked
at any time the animal is left unattended; to provide it is securely
and humanely restrained by chain, cable and trolley or other tether
of sufficient strength to prevent escape; or to provide for it to
be on a leash and under control of a competent person, or if it is
off leash it shall be obedient to that person's commands and that
said person is present with the animal any time it is not restrained.
(2)Â
While off property or at large. It shall be the duty of every owner
of any animal or anyone having an animal in his possession or custody
to ensure that the animal is kept under restraint and control at all
times while the animal is off the real property limits of the owners,
possessors or custodian. For the purpose of this section, an animal
is deemed under control when it is securely confined within a vehicle,
parked or in motion; it is properly confined within a secure enclosure
with permission of the owner of the property where the enclosure is
located; it is securely restrained by a leash or other device held
by a competent person; or it is under the direct control of the owner.
B.Â
Abandonment or abuse of animals. It shall be unlawful for anyone
to knowingly abandon or abuse any domesticated animal. Each person
who does abandon or abuse knowingly, or willingly permits this abandonment
or abuse or aids in the abandonment or abuse of any domesticated animal,
shall be reported to the proper authority.
C.Â
Additional requirements for dangerous animals. It shall be the duty
of the owner to take the following precautions:
(1)Â
Whenever outside of its enclosure as provided for in Subsection A above, but on the owner's property, a dangerous animal must be attended by the owner and restrained by a secure collar and leash of sufficient strength to prevent escape.
(2)Â
No dangerous animal shall be chained, tethered, or otherwise tied to any inanimate object, such as a tree, post, or building, outside of its own enclosure as provided for in Subsection A above.
(3)Â
In addition to the requirements in Subsection A above, for owners of dangerous animals that maintain their animal out of doors, a portion of their property should be fenced with a perimeter or area fence. Within this perimeter fence, the dangerous animal must be humanely confined, as defined by MSPCA guidelines, inside a pen or kennel of adequate size. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or pen must have secure sides, a secure top attached to all sides, and the sides must either be buried two feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel must be locked. Failure to keep any animal confined or under restraint as provided for in this section shall be unlawful and shall be punishable as hereinafter provided.
(4)Â
Except when being transported in, and securely confined within a
vehicle, no dangerous animal shall be permitted off the property of
its owner, except when it is:
D.Â
Failure to keep any animal under restraint or control as provided
for in this section shall be unlawful and shall be punishable as hereinafter
provided.
E.Â
Enforcement of restrictions on dangerous animals. In the event that
an Animal Control Officer or his designated agent has probable cause
to believe that a dangerous animal is being harbored in violation
of this bylaw, he may order the violation immediately corrected and
charge the owner or keeper to appear in the appropriate area for the
violation.
F.Â
Enforcement; penalties for violation.
[Amended 5-7-2018 ATM
by Art. 33, approved 8-13-2018]
(1)Â
The Animal Control Officer of the Town shall be empowered to enforce
provisions of this bylaw.
(2)Â
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 section 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 section
shall be subject to the following penalties for offenses for which
no specific penalty is prescribed elsewhere in this bylaw:
[Amended 5-2-2022 ATM by Art.
25, approved 8-18-2022]
(a)Â
Any person violating the terms of this bylaw or rules and regulations
promulgated pursuant thereto shall be subject to the following fine
schedule:
(b)Â
Each day or portion thereof may constitute a separate offense.
If more than one, each condition violated may constitute a separate
offense. A separate offense is not limited to an offense within a
calendar year from the first offense.
(3)Â
The Town may enforce this section or enjoin violations thereof through
any lawful process, and the election of one remedy shall not preclude
enforcement through any other lawful means.
(4)Â
The Animal Control Advisory Board may review all incidents subsequent
to the third offense at a duly noticed public meeting for which the
offender shall be provided with notice at least seven days prior thereto
and an opportunity to appear before the Board and explain the circumstances
of the repeated violations. The Animal Control Advisory Board may
make recommendations concerning actions that can be taken to prevent
future violations. Nothing in this bylaw is intended to limit or restrict
the authority of the Select Board to act in accordance with MGL c.
140, § 157.
A.Â
The purpose of impound for any domestic animal is to allow time for owners to claim said animal. However, additional criteria such as an injured animal, a stray animal or a bylaw violation of § 18-6 by any animal(s) may also constitute the need to impound. In addition, when an animal is found in violation of § 18-6 and its ownership is verified by the Animal Control Officer, the ACO may exercise the option to serve the owner with a notice of violation and/or citation in lieu of impounding the animal. The decision to impound any animal(s) shall be the sole decision of the ACO. In the event that the Animal Control Officer finds dogs or cats to be suffering, the ACO shall have the right forthwith to remove or cause to have removed any such animal(s) to a safe place for care at the owner's expense or to euthanize them when necessary, subject to consultation with a licensed veterinarian, to prevent further suffering. Return to the owner may be withheld until the owner shall have made full payment for all expenses so incurred.
B.Â
Duration of impound. Each animal impounded in the Municipal Impound
may be held for a period of up to 48 hours. In the event that such
animal's owner cannot be identified within 48 hours, said animal shall
be deemed a stray animal and transferred as such to an approved animal
facility for the remainder of the state-required ten-day holding period.
C.Â
Redemption of impounded domestic animals. Upon presentation to the
ACO of documented proof of ownership, the owner of any animal(s) impounded
by the Sterling ACO may, anytime within seven days and upon payment
of all accrued fees, charges or fines, redeem said animal(s). At such
time a dated receipt will be given to the owner. Failure of an owner,
or person(s) identified and verified by the ACO as the owner, to redeem
any animal from impoundment or other approved facility does not relieve
the owner's liability to the Town of Sterling for any accrued impoundment
fees or veterinary charges accrued. Payment of impoundment fees is
not considered to be in lieu of any fine, penalty or licenses fees
and is to be in addition to any other approved animal facility charges
or veterinary expenses incurred during impoundment. No animal required
to be licensed or vaccinated under this bylaw may be redeemed until
provisions for required licensing or vaccinations have been fulfilled
and verified by the ACO as documented with the Town Clerk in the Town
where the animal resides. Disposal by euthanasia of an impounded animal
by any approved or veterinary facility does not relieve the owner
of liability for payment to the Town of Sterling for any municipal
impoundment fee, bylaw violation(s) citations, fines or any accrued
other charges.
[Amended 5-3-2014 ATM
by Art. 39, approved 8-20-2014]
D.Â
Quarantine. Of any domestic animal impounded but then determined
to require quarantine will be transferred to an approved animal facility
for the duration of quarantine. Any animal confined for rabies quarantine
and involving a human bite may be redeemed by the owner only upon
release by the Animal Inspector. Any animal confined for rabies quarantine
for reason other than a human bite, such as evidence or other purpose,
may be redeemed by the owner upon release by the Animal Inspector
or the Animal Control Officer.
E.Â
Notification of impound. Notification of impound is the sole responsibility
of the ACO and shall be done immediately upon the impounding of any
domestic animal(s). The Animal Control Officer shall make every reasonable
effort to identify the owner of the animal(s) and notify and inform
such owner of all conditions required whereby custody of the animal
may be regained.
F.Â
Municipal impound records. The ACO shall be required to keep a detailed
log/record of every animal impounded, veterinary expenses accrued
while impounded and issue a copy or duplicate of a dated certificate
of release upon redemption of said animal(s).
G.Â
Municipal impound fee. The municipal impound fee shall be $15 per
day per animal, issued as deemed applicable by the ACO.
H.Â
Disposal or impoundment of an domestic animal. Disposal or impoundment
of any domestic animal by any method specified herein or other approved
facility does not relieve the owner of liability for payment to the
Town of Sterling for violations and/or any accrued charges.
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.Â
Registering an informal complaint:
(1)Â
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:
(2)Â
The ACO shall make a log of all information received.
(3)Â
Follow-up action by the Animal Control Officer to all informal complaints
shall be recorded in the ACO monthly report(s).
B.Â
Filing a formal animal control complaint:
(1)Â
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)Â
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)Â
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.
