[Adopted 7-23-1991 by Doc. 110 (Ch. 137, Art. V, of the 1980 Code); amended in its entirety 6-3-2008 by Doc. 66]
A.
In addition to the remedies provided in the above
entitled sections, the Chief of Police, or his designee, upon a complaint
in writing, may determine that a dog is a "dangerous dog" or "vicious
dog" within the meaning of this section and, as a result thereof,
require compliance by the owner of such dangerous or vicious dog of
the provisions herein listed.
(1)
Definition; determination that dog is dangerous or
vicious.
(a)
"Dangerous dog" or "vicious dog," as used in
this section, shall mean:
[1]
Any dog that has bitten or attacked any person
or has attempted to bite or attack any person. A dog shall be deemed
to be attempting to attack if it is restrained by a leash, fence or
other means and it is clear from the dog's excited actions that only
the presence of the leash, fence, or other means of restraint is preventing
the dog from making an immediate attack; or
[2]
Any dog with a propensity, tendency or disposition
to attack, to cause injury to, or to otherwise threaten the safety
of domestic animals, or any dog which attacks a human being or domestic
animal on one or more occasions without provocation and without justification;
or
[3]
Any dog, whether leashed or not, which, in a
vicious or terrorizing manner, approaches any person in an apparent
attitude of attack upon the streets, sidewalks, or any public grounds
or places; or
[4]
Any dog owned or harbored primarily or in the
part for the purpose of dog fighting or any dog trained for dog fighting;
or
[5]
Any dog owned or harbored on property known
for drug trafficking or gang activity and shows an aggressive temperament;
or
(b)
The determination that a dog is dangerous or
vicious under this section shall be in the discretion of the Chief
of Police and/or the Animal Control Officer, and the Chief of Police
and/or Animal Control Officer shall notify the owner(s).
(2)
Exceptions where dog shall not be considered dangerous
or vicious:
(a)
A human being who, at the time the injury was
sustained, was committing criminal trespass or other tort upon premises
occupied by the owner of the dog, or tormenting, abusing or assaulting
the dog or was committing or attempting to commit a crime.
(b)
A domestic animal, which, at the time the injury
was sustained, was tormenting, abusing or assaulting the dog.
(c)
A domestic animal while the dog was working
as a hunting dog, herding dog, or predator control dog on the property
of or under the control of its owner and the injury was to a species
or type of domestic animal appropriate to the work of the dog.
(d)
The dog was protecting or defending a person
within the immediate vicinity of the dog from an attack or assault.
(e)
The actions of the dog under consideration occurred
under official duties as a military, correctional, or law enforcement
dog.
(f)
In the discretion of the Chief of Police, or
his designee, the dog acted in reaction to pain or injury or was protecting
itself, its kennel or its offspring.
B.
Duties of owner when dog is determined to be dangerous.
(1)
Outdoor confinement.
(a)
While on the owner's property, a dangerous or
vicious dog must be securely confined indoors or in a securely enclosed
and locked pen or structure, suitable to prevent the entry of young
children, and designed to prevent the animal from escaping. Such pen
or stricture must be at least 10 feet from the property line, must
have a minimum dimension of five feet by 10 feet, and must have secure
sides and a secure top. If it has no bottom secured to the sides,
the sides must be imbedded into the ground no less than two feet.
The enclosure must also provide protection from the elements for the
dog. The Animal Control Officer shall verify compliance with this
section by an on-site inspection and, if necessary, shall require
the owner to further secure said structure.
(b)
The owner or keeper shall display signs on his/her
premises facing out from all sides of the premises warning that there
is a dangerous or vicious dog on the property. This sign should be
visible and capable of being read from a public highway or thoroughfare
or within 20 feet of its placement. In addition, the owner shall conspicuously
display a sign with a symbol warning children who cannot read of the
presence of a dangerous dog.
(c)
The owner shall provide notice of the determination that a dog is dangerous or vicious to direct abutters of the owner(s) and owners of land directly opposite on any public or private street or way. The owner shall obtain, without charge, a list of such abutters from the Assessor's office. The owner shall then send each such abutter a copy of the notice received pursuant to Subsection A(1)(b) above by certified mail. A copy of the abutters list received from the Assessor's office shall be provided to the Police Chief, along with the certified mail return receipts.
(d)
A dangerous dog may be off the owner's premises
if it is muzzled and restrained by an approved lead not exceeding
four feet in length and is under the control of an adult, able-bodied
person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration but must prevent
it from biting any person or animal.
(2)
Indoor confinement. No vicious dog may be kept on
a porch, patio, or in any part of a house or structure that would
allow the dog to exit such building on its own volition. In addition,
no such animal may be kept in a house or structure when the windows
are open or when screen windows or screen doors are the only obstacles
preventing the dog from exiting the structure.
(3)
Insurance. The owner or custodian of any vicious dog
shall maintain a policy of insurance in an amount not less than $100,000
per incident insuring such person against any claim, loss damage,
or injury to human beings resulting from the acts of such dog. Such
person shall produce evidence of the required insurance, which may
include a rider or binder, upon the request of the Chief of Police,
or his designee, and/or the Animal Control Officer. This subsection
shall not apply to dogs kept by law enforcement agencies.
(4)
Licensing surcharge. The annual licensing fee for
a dangerous dog shall include a surcharge of $50 in addition to the
regular licensing fee. The surcharge required by this provision shall
be enforced by the Animal Control Officer.
(5)
An owner may transport a dangerous or vicious dog
within the City limits for medical or veterinary care, provided that
said animal is properly restrained by being both muzzled and leashed,
with the leash not to exceed a length of four feet.
C.
Enforcement, fines and penalties.
(1)
When a dog is deemed to be dangerous or vicious, the
Chief of Police, or his/her designee, shall order the owner to submit
written verification to confirm any or all of the following:
(a)
Spay or neutering, the animal is not already
altered. The animal will be exempt from such an order if a veterinarian
certifies in a written statement that the animal is unfit for alterations
because of medical condition(s).
(b)
Microchip identification, the mode of which
shall be designated by the Animal Control Officer, if the animal is
not already microchipped.
(c)
Behavior training from an approved trainer as
determined by the Animal Control Officer and/or the Chief of Police
or his designee. The cost of said training shall be borne by the owner.
(d)
Rabies vaccination, as required by Chapter 140,
§ 145B, of the General Laws, if the animal is not up-to-date
on its annual vaccinations, as certified by a licensed veterinarian.
(2)
Fines; relocation of animal.
(a)
The owner of any dangerous or vicious dog, if said animal is found on property not owned or controlled by its owner, or not restrained in a secure area per Subsection B(1), shall be subject to the following:
[1]
First offense: a fine of $50 and a hearing by
the Chief of Police, at the Chief's discretion, to determine whether
said animal shall be forever banned within the limits of the City
of Haverhill or whether said animal shall be humanely euthanized.
[2]
Second or subsequent offense: a fine of $100,
and a mandatory hearing by the Chief of Police to determine whether
said animal shall be forever banned within the limits of the City
of Haverhill or whether said animal shall be humanely euthanized.
(b)
Upon relocation of the animal, the owner thereof
shall notify the Animal Control Officer of the new location. Said
Officer shall then forward all documentation maintained by the City
of Haverhill regarding the animal to his/her official counterpart
at the new location.
(3)
Owners of dangerous or vicious dogs found within the
City of Haverhill and not properly registered shall be subject to
a fine of $50. Said animal shall be humanely euthanized unless the
owner, within 10 days of said finding, registers said dog in compliance
with this article.
(4)
Each day there exists a violation of any of the provisions
of this article, the same shall constitute and be punishable as a
separate offense.
(5)
Any dog for which the Chief of Police, his designee, or the Animal Control Officer of the City has a verified report of having attacked or bitten any person shall be considered a dangerous or vicious dog, except for those dogs that qualify for an exception as provided in § 137-17A(2). A notification of such report shall be forwarded to the City Clerk, and any such dog shall not be re-registered in the City unless the owner is in full compliance with this article.
(6)
Compliance with the requirements of this section shall
not be a defense to an order of disposal of a vicious dog pursuant
to MGL c. § 157.
(7)
All notice and hearing procedures will be carried
out in conformance with MGL c. 140, § 157.
A.
Definition; determination that dog is potentially
dangerous.
(1)
"Potentially dangerous dog," as used in this section,
shall mean:
(a)
Any dog that acts in a highly aggressive manner,
when unprovoked, within a fenced yard or enclosure and appears to
the Animal Control Officer to be able to jump over or escape. Vocalization
or barking, without more, shall not cause a dog to be deemed of a
highly aggressive manner.
(b)
Any dog owned by a person cited more than once,
in a twelve-month period, for allowing said dog to run at large in
any public streets or places in the City or upon the premises of anyone
other than the owner or keeper without said owner's or occupant's
permission.
(2)
The determination that a dog is potentially dangerous
under this section shall be in the discretion of the Animal Control
Officer and/or the Chief of Police, or his designee, who shall notify
the owner of any such determination.
B.
Duties of Animal Control when dog is deemed potentially
dangerous. When a dog is deemed to be potentially dangerous, the Chief
of Police, or his/her designee, may order the owner to submit written
verification to confirm any or all of the following:
(1)
A dog may be spayed or neutered, if the animal is
not already altered. The animal will be exempt from such an order
if a veterinarian certifies in a written statement that the animal
is unfit for alterations because of medical conditions.
(2)
Microchip identification, the mode of which shall
be designated by the Animal Control Officer, if the animal is not
already microchipped.
(3)
Behavior training from an approved trainer, as determined
by the Animal Control Officer and/or the Chief of Police or his designee.
The costs of said training shall be borne by the owner.
(4)
Rabies vaccination as required by Chapter 140, § 145B,
of the General Laws, if the animal is not up-to-date on its annual
vaccinations, as certified by a licensed veterinarian.
(5)
The owner provides adequate security to the premises
where the potentially dangerous dog is kept, as specifically described
in writing to the owner by the Animal Control Officer. Said owner
must comply within 21 days of receiving description. For good cause
shown, the Chief of Police may extend this time for up to 60 days.
(6)
After two years of compliance, the dog will not be
considered potentially dangerous.
C.
Persons responsible. No person under the age of 18
shall own, control or be responsible for a potentially dangerous dog.
D.
Signs. All owners, keepers, or haborers of potentially
dangerous dogs shall display in a prominent place on their premises
a sign easily readable by the public, using the words "Beware of Dog."
In addition, a similar sign is required to be posted on the kennel
or pen of such dog.
E.
Licensing surcharge. The annual licensing fee for
a potentially dangerous dog shall include a surcharge of $25 in addition
to the regular licensing fee. The Animal Control Officer shall enforce
the surcharge required by this provision.
F.
Penalties. After 21 days of being notified that a dog is potentially dangerous, any owner found not in compliance with any of the provisions of this section shall be subject to a fine of $100 for any first offense; $200 for any second offense; and $300 for any offense thereafter. Each day that the owner is not in compliance shall constitute a separate offense. Failure to so comply after due notice may result in application by the City for hearing before the Clerk of the District Court and/or any other enforcement measures as further provided in MGL, c. 40, § 21D, and § 1-16 of the Haverhill Municipal Code.
G.
Owners of all potentially dangerous dogs who relocate or move to the City of Haverhill from another community shall notify the Animal Control Officer of a description of such dog and said designation. Failure to so notify may result in fine as provided in Subsection F above.
H.
Owners of all potentially dangerous dogs who relocate
or move from the City of Haverhill to another community shall notify
the Haverhill Animal Control Officer and the Animal Control Officer
of the new community to which the owners are moving, or person having
like duties, of a description of such dog and said designation.
There shall be a Municipal Canine Commission
in the City.
A.
Purpose. The Commission is established to review the
annual report of the Animal Control Officer concerning the statistical
data on dog bites and attacks taking place in the City; to regularly
review the ordinances and policies of the City, the statutes of the
commonwealth and any other law or regulations related to the prevention
of dog attacks and bites; to analyze the enforcement of laws, policies,
ordinances and regulations relating to controlling dogs; and to make
recommendations to the Mayor and City Council on these issues as the
Commission deems necessary.
B.
Composition. The Commission shall comprise of the
Animal Control Officer, an agent of the Health Department, a licensed
veterinarian, a representative of the Massachusetts Society for the
Prevention of Cruelty to Animals (MSPCA), a representative of the
Massachusetts Federation of Dog Clubs and Responsible Dog Owners,
one citizen of Haverhill who owns one or more dogs and one citizen
of Haverhill who does not own a dog. Members, except the Animal Control
Officer and agent of the Health Department, shall be appointed annually
in July by the Mayor.
