Town of Agawam, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Agawam 6-4-2011 by TOR-2011-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals crossing sidewalks — See Ch. 155, Art. I.
[1]
Editor’s Note: This ordinance also repealed former Ch. 96, Dogs and Other Animals, adopted 9-21-1981, as amended.

§ 96-1 Legislative authority.

The Town may create ordinances relating to dog and cat licensing and related companion animals and fees pursuant to MGL c. 140, § 147A.

§ 96-2 Definitions.

As used in this chapter, the following interpretations shall be placed on the words and phrases hereinafter mentioned:
ADEQUATE SHELTER
A structure that is large enough for the animal to stand naturally, turn around and lay down inside of the structure without being exposed to the elements of weather. During cold weather, a moveable flap shall be placed over the entrance to a dog shelter to preserve the dog's body heat.
AT LARGE
Any dog which is off the owner's or keeper's property and not under the control of the owner or keeper, and any cat off the owner's or keeper's property and not under the control of the owner or keeper.
COMPANION ANIMAL
Any dog or cat. "Pet" or "companion animal" shall not include "farm animal" as defined in this section. The maximum number of pets or companion animals permitted at any single-family dwelling in the Town shall total no more than six; provided, however, that at no time are there more than three dogs or four cats aged six months or older. The maximum number of dogs and cats permitted at each individual unit of a two-family or multifamily apartment, condominium or other congregate living facility shall not exceed one dog and one cat per unit, regardless of the zoning district in which the facility is located.
A. 
Any dog which, unprovoked, in an aggressive manner, inflicts severe injury upon or kills a human being.
B. 
Any dog which, unprovoked, on two separate occasions within the prior twelve-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a companion animal, pet or farm animal off the property of the owner of the dog.
C. 
Any dog previously determined to be, and currently listed as, a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior that caused it to be listed as a potentially dangerous dog, or is found to be in violation of orders placed upon it in a previous hearing.
D. 
Any dog that has been used for the purpose of dog fighting or a dog trained for dog fighting.
FARM ANIMAL
Any poultry, ungulate, species of cattle, sheep, swine, goats, llamas, equine, or other fur-bearing animals which are raised for commercial or subsistence purposes.
KENNEL
One pack or collection of dogs and/or cats on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of four or more dogs six months of age or older, or five or more cats six months or older (including companion animals and pets), owned or kept by a person on a single premises, irrespective of the purpose for which they are maintained.
KENNEL, COMMERCIAL
Any premises maintained for any of (or combination of) the following:
A. 
The boarding or in-residence training of any number of dogs and/or cats;
B. 
The day care of any number of dogs and/or cats that is not the owner's/operator's companion animal or pets;
C. 
Ten or more dogs six months of age or older or 10 or more cats six months of age or older kept as companion animals or pets or for/from breeding;
D. 
Any pet store that sells dogs or cats.
KENNEL, RESIDENTIAL
Any premises where an owner or keeper maintains as companion animals or pets, or for breeding, four or more, but not more than nine, dogs six months of age or older and/or five or more, but not more than nine, cats six months of age or older.
OWNER
Any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal. If a person under the age of 18 owns the animal, that person's custodial parent(s) or legal guardian(s) shall be responsible for complying with all requirements of this chapter.
A. 
Any dog which, unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack upon the streets, sidewalks or any public or private property.
B. 
Any dog with a known propensity, tendency or disposition to attack, unprovoked, to cause injury, or to otherwise threaten the safety of human beings or companion animals, pets, or farm animals.
C. 
Any dog which, unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a companion animal, pet or farm animal off the property of the owner of the dog.
D. 
Any dog which, unprovoked, bites a person causing a less-than-severe injury.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery.

§ 96-3 Licensing of dogs and cats.

A. 
Any person who, at the commencement of a license period (April 1 though March 31), is or who becomes, during any license period, the owner or keeper of a dog six months old or older shall cause the dog to be licensed within 30 days. The Town Clerk shall issue dog licenses and tags on a form prescribed and furnished by the Town.
B. 
The license record shall include the name, address, phone number, and date of birth of the owner or keeper of the dog, and the name, license number, breed, color, age, sex and the rabies expiration date of each dog and indicate whether the dog has been spayed or neutered. The license tag shall include the license number, the name of the Town and the year of issue.
C. 
The owner or keeper shall cause each dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced, or destroyed, a substitute tag shall be obtained by the owner or keeper from the Town Clerk at the cost of $5. Such monies shall be transmitted to the Town Treasurer in the same manner as license fees. The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian's certificate verifying that the dog is currently vaccinated against rabies.
D. 
The Town Clerk shall not grant such licenses for any dog unless the owner thereof provides either a veterinarian's certificate that such dog has been vaccinated in accordance with MGL c. 140, § 145B, or has been certified from such provision as provided in MGL c. 140 et seq., or has been certified exempt from such provision as hereinafter provided, or a notarized letter from a veterinarian that a certificate was issued.

§ 96-4 Licensing fees; exceptions.

A. 
The following is a list of licensing fees for dogs to be licensed in the Town:
(1) 
Male dog: $25.
(2) 
Female dog: $25.
(3) 
Spayed female dog: $10.
(4) 
Neutered male dog: $10.
B. 
Exceptions.
(1) 
If the owner or keeper of any dog has a written statement from a veterinarian indicating that because of age, infirmity or other physical condition, spaying or neutering is deemed inadvisable and presents said written statement to the Town Clerk, the licensing fee shall be $10.
(2) 
No fee shall be charged for a license for a dog specifically trained to lead or serve a blind, deaf, or handicapped person upon presentation to the Town Clerk for a certificate of such training.
C. 
Overdue licenses.
(1) 
No license may be issued for any dog unless all prior overdue licenses (i.e., licenses from prior years which were required but not obtained) have been paid for.
(2) 
Any owner or keeper of a dog who moves into the Town and has a valid dog license for his/her dog from another town or a town in the commonwealth shall, within 30 days, obtain a dog license for a fee of $5 upon producing evidence of the previous license.
(3) 
The Town Clerk shall collect a late fee of $10 for every dog license issued after the thirty-day period, as defined in § 96-3.
(4) 
Any person who violates the provisions of § 96-3 or § 96-4, shall receive a written warning, issued by the Animal Control Officer or a police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of $50, which shall be paid to the Town Treasurer.

§ 96-5 Vaccination of dogs and cats against rabies required.

A. 
The owner or keeper of a dog or cat in the Town 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 direction and approved by the Massachusetts Department of Public Health. Unvaccinated dogs and cats acquired or moved into the commonwealth shall be vaccinated within 30 days after the acquisition or arrival into the Town or upon reaching the age of six months, whichever last occurs. Such owner or keeper shall procure a veterinarian's certificate that such animal has been so vaccinated, setting forth the day of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certificate was issued.
B. 
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 and certificate available for inspection upon demand by Animal Control Officers, police officers or other such authorized officials of the Town.
C. 
Vaccinated animals, dog or cat, shall be revaccinated periodically in accordance with the rules and regulations adopted by and promulgated by the Massachusetts Department of Public Health.
D. 
Any person who violates the provisions of § 96-5 shall receive a written warning, issued by the Animal Control Officer or a police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of $45, which shall be paid to the Town Treasurer.

§ 96-6 Maximum number of companion animals.

A. 
Kennel license. No person shall keep more than four cats being over the age of three months and/or more than three dogs over the age of three months without complying with the requirements of the Town of Agawam Zoning Ordinance[1] and obtaining a kennel license as stated in § 96-7. Those persons who kept more than three dogs or four cats on their premises in compliance with the applicable ordinances and regulations in effect at the time may keep said animals in excess of the aforesaid limit, but said animals may not be replaced so as to exceed the three-dog and four-cat limit.
[1]
Editor's Note: See Ch. 180, Zoning.
B. 
Penalties. Any person who violates the provisions of this section shall receive a written warning, issued by the Animal Control Officer or a police officer, for the first offense, and for each subsequent offense shall be liable for a payment of a fine of $50 for each calendar day in violation of this section, which shall be paid to the Town Treasurer.
C. 
Limitation. The maximum number of pets or companion animals permitted at any single-family dwelling in the Town shall total no more than six; provided, however, that at no time are there more than three dogs or four cats aged six months or older. The maximum number of dogs and cats permitted at each individual unit of a two-family or multifamily apartment, condominium or other congregate living facility shall not exceed one dog and one cat per unit, regardless of the zoning district in which the facility is located.

§ 96-7 Kennel licenses.

A. 
Any person or business maintained for a residential kennel or commercial kennel as defined in this chapter shall obtain the appropriate kennel license from the Town Clerk. The Town Clerk shall not issue any kennel license for any use not in compliance with the Zoning Ordinance.[1] The Town Clerk shall not issue a residential kennel license unless the owner or keeper provides the Town Clerk with a veterinarian's certificate verifying that each dog or cat six months of age or older is currently vaccinated against rabies.
[1]
Editor's Note: See Ch. 180, Zoning.
B. 
Issuance of a residential or commercial kennel license, and continued use of said 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 or cats exist on the premises.
C. 
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 or cat while kept at such kennel during any portion of the period for which the kennel license is issued. The holder of a license for a kennel shall cause each dog or cat kept therein to wear a collar or harness of leather or other suitable material to which shall be securely attached a tag upon which shall appear the number of such kennel license, the year of issue and the inscription "AGAWAM."
D. 
The fee for each license for a kennel shall be $100 for a residential kennel license and $200 for a commercial kennel license.
E. 
The name and address of the owner of each dog or cat kept in any kennel, if other than the person maintaining the kennel, and a veterinarian's certificate verifying that each dog or cat six months of age or older is currently vaccinated against rabies, shall be kept on file thereat and available for inspection by the Animal Control Officer or any authorized person.
F. 
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 the relief of suffering among animals. A veterinary hospital shall not be considered a kennel unless it contains an area for the selling, breeding, or boarding of dogs or cats for other than medical purposes, in which case it shall apply for a kennel license.
G. 
The license period for a kennel license shall be from January 1 to December 31.
H. 
Any person who violates the provisions of this section shall receive a written warning by the Animal Control Officer or a police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of $50 for each calendar day in violation of this section, which shall be paid to the Town Treasurer.

§ 96-8 Kennel inspection and regulation.

A. 
The Animal Control Officer, Board of Health, Zoning Enforcement Officer and/or any agent authorized by the Town may, at any time during normal business hours, inspect or cause to be inspected any kennel or property holding a kennel license, residential or commercial.
B. 
If, in their judgment, the Animal Control Officer, Board of Health, Zoning Enforcement Officer or any agent authorized by the Town, after inspection, determines the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the Mayor (or his/her designee) may, by order, revoke or suspend, and in case of suspension, may reinstate, such license issued under this chapter.
C. 
Upon written complaint from the Animal Control Officer or a resident of the Town of Agawam, filed with the Chief of Police, setting forth that they are aggrieved, annoyed to an unreasonable extent by one or more dogs at a kennel because of the excessive barking or vicious disposition of said dogs or cat or other conditions connected with such kennel constituting a public nuisance, the Chief of Police (or his designee), within seven calendar days after the filing of such petition, shall give notice to all parties in interest of a public hearing, conducted by the Chief of Police or his/her designee, to be held within 14 calendar days after the date of such notice.
D. 
Within seven calendar days after such public hearing, said Chief of Police (or his designee) shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition.
E. 
The holder of such license aggrieved by any decision rendered by the Chief of Police (or his designee) may appeal such decision in accordance with MGL c. 140, § 137C.
F. 
Any person maintaining a kennel after the license has been so revoked, or while such license is so suspended, may be punished by a fine of $50, which shall be paid to the Town Treasurer, for each calendar day in violation of said revocation or suspension.

§ 96-9 Barking dogs; meowing cats.

A. 
No person owning or keeping or otherwise responsible for a dog or cat shall allow or permit said dog or cat to annoy another person's reasonable right to peace or privacy by making loud and continuous noise, where such noise is plainly audible at a distance of 150 feet from the building, premises, vehicle or conveyance housing said dog or cat, and such noise is continuous in excess of 10 minutes. The fact that such noise is plainly audible at such distance and continuous in excess of 10 minutes shall be prima facie evidence of a violation.
B. 
Any person who violates this provision shall receive a written warning, issued by the Animal Control Officer or a police officer, for the first offense, and shall be liable for payment for the following fines: $30 for the second offense; $50 for the third offense; and $100 for the fourth offense and each subsequent offense. Said fine shall be paid to the Town Treasurer.

§ 96-10 Payment to veterinarians required for emergency treatment of dogs or cats injured on ways.

A. 
Any veterinarian registered under the provisions of MGL c. 112, § 55 or § 56A, who renders emergency care or treatment to or disposes of a dog or cat that is injured on any way within the Town, and brought to a veterinarian by the Animal Control Officer or police personnel, shall receive payment from the owner of such dog or cat, if known, or if not known, from the dog fund of the Town, in an amount not to exceed $100 for such care, treatment or disposal; provided, however, that such emergency care, treatment or disposal shall be for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of 24 hours, whichever is sooner.
B. 
Any veterinarian who renders such emergency care or treatment to, or disposes of, such dog or cat shall notify the Animal Control Officer and, upon notification, said Animal Control Officer shall assume control of such dog or cat.

§ 96-11 Dogs and/or cats at large prohibited; leashing required.

A. 
Any person owning, keeping or being responsible for a dog and/or cat shall not allow nor permit said dog and/or cat to run at large on any of the streets or public places in the Town or upon any private property, unless the owner or lawful occupant of such property grants permission therefor.
B. 
No dog and/or cat shall be allowed or permitted in any public place or street within the Town unless it is effectively restrained and controlled by a chain or other form of leash, not to exceed a length of six feet, that is sufficient to hold the dog and/or cat, or unless it is within and confined to a motor vehicle.
C. 
In any prosecution hereunder, the presence of such dog and/or cat at large upon premises other than the premises of the owner or keeper of such dog and/or cat shall be prima facie evidence that such knowledge and permission was not had.
D. 
The owner or keeper of a dog and/or cat who has violated any of the provisions of this section shall be punished by a written warning, issued by the Animal Control Officer or police officer, for the first offense, a fine of $75 for the second offense, a fine of $100 for the third offense and $200 for the fourth and each subsequent offense, to be paid to the Town Treasurer.

§ 96-12 Enforcement of leash and at-large provisions.

A. 
It shall be the duty of the Animal Control Officer or police officer to apprehend any dog and/or cat found running at large and to impound such dog and/or cat in the animal shelter or other boarding facility.
B. 
The Animal Control Officer or impounding officer shall keep a register and make a complete record of each impounding.
C. 
The record shall contain the following information: breed, color, and sex of each dog or cat, whether or not the dog is licensed, the license number, if any, the name and address of the owner, if known, the date and place of apprehension, and the location where the dog or cat is being kept.
D. 
The owner of an impounded dog or cat, when known, shall be notified verbally or in writing of such impoundment or, if the owner is unknown, written notice shall be posted with the Police Department.
E. 
The notice shall contain a description of the dog or cat, date and place of apprehension and where the dog or cat is being kept.
F. 
The owner or keeper or responsible person may reclaim the dog or cat so impounded upon payment of the license fee, if unpaid, and proof of rabies vaccination, in the form of a rabies vaccination certificate from a certified veterinarian, and the payment of impoundment and boarding fees and the cost relevant to such impoundment.

§ 96-13 Reclamation of impounded dog or cat fee; failure to claim impounded dog or cat.

A. 
An owner or keeper of a dog or cat reclaiming an impounded dog or cat shall pay to the Animal Control Officer for deposit with the Town Treasurer an administrative fee of $125. In the event that the owner or keeper of the dog or cat being reclaimed provides proof of rabies vaccination sufficient for the Animal Control Officer to determine that the rabies vaccination for the animal being reclaimed is current, the Animal Control Officer shall reduce the reclamation fee to $50. The reclamation fee is an administrative fee in addition to any fine due of the owner or keeper of the animal for violation of the animal control ordinances of the Town.
B. 
Any dog or cat whose owner or keeper fails to claim said dog or cat within 10 calendar days from the day of impounding shall be subject to the provisions set forth in MGL c. 140, § 151A.

§ 96-14 Removal of dog or cat waste.

A. 
No person owning or having the care, custody, or control of any dog or cat shall permit said dog or cat to soil or defile or commit any nuisance upon any sidewalk, street, thoroughfare, wetland, in or upon public property or in or upon the property of persons other than the owner or persons having the care, custody, or control of such dog or cat, unless said person picks up any such waste and disposes of it in a sanitary manner.
B. 
Any person found in violation of § 96-14 by the Animal Control Officer or a police officer shall be liable for payment of a fine of $25 for each offense, which shall be paid to the Town Treasurer.

§ 96-15 Inhumane treatment.

A. 
Any person owning, keeping, in control of or otherwise responsible for a companion animal, farm animal or any other dog or cat who, in the opinion of the Animal Control Officer, is treating the aforementioned animals in an inhumane manner (such treatment may include, but not be limited to: prolonged chaining or tethering of animals; extended outdoor confinement; lack of access to food, water or shelter; exposure to hazardous conditions) shall be subject to a written warning and/or a fine, issued by the Animal Control Officer or a police officer, of $150 for the first offense and $300 for each subsequent offense, paid to the Town Treasurer, or by imprisonment for not more than 30 calendar days for the first offense and not more than 60 calendar days for a second or subsequent offense, or both.
B. 
If any of the aforementioned persons violates this section more than five times, the Animal Control Officer or a police officer may, after a hearing conducted by the Chief of Police or his/her designee, with not less than 10 calendar days' notice to the owner or keeper, confiscate the subject animals or order the person to permanently surrender the animal or animals for placement. If placement is not obtainable, the animal or animals may be ordered euthanized.
C. 
Where, in the opinion of the Animal Control Officer, said aforementioned treatment of said animals places the animals at imminent risk, the Animal Control Officer may immediately remove and impound the animal for its own protection.

§ 96-16 Dangerous and potentially dangerous dogs and cats.

A. 
Procedure for determining a potentially dangerous or dangerous dog or cat. Based upon receipt of a written complaint by a citizen requesting a determination that a dog or cat is potentially dangerous or dangerous, or on the initiative of an animal control officer based on information received, such officer or the Chief of Police may make an investigation and determination that a dog or cat is potentially dangerous or dangerous. The investigation and determination shall be in accordance with the provisions of this chapter and shall be consistent with the procedures delineated in MGL c. 140, § 157.
B. 
Determination of potential danger or danger. When a dog or cat is determined to be potentially dangerous or dangerous, the Chief of Police may order any or all of the following:
(1) 
Spaying or neutering;
(2) 
Microchip identification, tattooing or other means of permanent identification;
(3) 
Behavior training and behavioral assessment; and
(4) 
Any other order concerning the keeping, restraint, removal from the Town, humane euthanasia, or disposal of such dog or cat as may be deemed necessary, in accordance with MGL c. 140, § 157. Such orders may include:
(a) 
Requirements at home for dogs or cats that have been determined to be potentially dangerous or dangerous. While on the owner's or keeper's property, a dog or cat that has been determined to be potentially dangerous or dangerous may be ordered securely confined indoors or in a security-enclosed and locked pen or structure of a type meeting standards established by the Animal Control Officer, suitable to prevent the entry of young children and designed to prevent the dog or cat from escaping. Such pen or structure must have a minimum dimension of 12 feet by 12 feet by six feet high, with a solid floor to prevent the dog or cat from digging out and a top to prevent the dog or cat from climbing out. If the pen has no solid floor secured to the sides, the sides must be embedded into the ground no less than two feet to prevent the dog or cat from digging out. The enclosure must provide the dog or cat with adequate shelter from the elements of nature. The owner shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog or cat.
(b) 
Requirements outside of the home for dogs or cats that have been determined to be potentially dangerous or dangerous. While off the owner's or keeper's premises, a dog or cat that has been determined to be potentially dangerous or dangerous must be restrained by a lead approved by the Animal Control Officer not exceeding six feet in length and must be under the direct physical control of a responsible, able-bodied adult. No dog or cat designated as a potentially dangerous or dangerous dog or cat shall be permitted at public festivals, carnivals, parades or similar events. The dog or cat may be required while at large to wear a muzzle designed to prevent the dog or cat from biting. The muzzle must prevent injury to the dog or cat and must not interfere with the dog's or cat's vision or respiration.
C. 
The owner or keeper of a dog or cat that has been determined to be potentially dangerous or dangerous must immediately notify the Animal Control Officer if the dog or cat:
(1) 
Is loose or unconfined;
(2) 
Bites a person or attacks another animal;
(3) 
Is sold, given away or dies;
(4) 
Has been moved to another address, and the location of the new address.
D. 
Exemptions.
(1) 
No dog or cat may be declared dangerous if the 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 cat, or was teasing, tormenting, abusing or assaulting the dog or cat or has in the past been observed or reported to have teased, tormented, abused or assaulted the dog or cat or was committing or attempting to commit a crime.
(2) 
The provisions of this chapter shall not apply to dogs owned by law enforcement agencies or law enforcement officers in the performance of police work.
E. 
Penalties.
(1) 
Any person owning or harboring such dog or cat that has been deemed potentially dangerous or dangerous who fails to comply with an order of the Chief of Police, or his/her agents, in accordance with this section shall be punishable by a fine of $150 for the first offense and $300 for a subsequent offense, paid to the Town Treasurer, or by imprisonment for not more than 30 calendar days for the first offense and not more than 60 calendar days for a second or subsequent offense, or both.
(2) 
If said animal is found on property not owned or controlled by its owner or keeper, or is found to be not restrained in a secure area, or is found to be in violation of any order issued by the Chief of Police, said dog or cat may be subject to further restriction, including an order of removal from the Town or humane euthanasia, in accordance with the laws of the commonwealth.
(3) 
Each calendar day there exists a violation of any of the provisions of this chapter shall constitute and be punishable as a separate offense.
F. 
A dog or cat that has been determined to be potentially dangerous or dangerous shall not be considered legally licensed, pursuant to MGL c. 140, §§ 137 and 147, unless the owner or keeper is in full compliance with this chapter.

§ 96-17 Responsibility of motor vehicle drivers.

The operator of a motor vehicle that strikes and injures or kills a dog or cat on the byways of the Town shall forthwith report such an accident to the owner or keeper of said dog or cat or to a police officer or Animal Control Officer. A violation of this section shall be punished by a fine of $75 to be paid to the Town Treasurer.

§ 96-18 Enforcement; violations and penalties.

In addition to fees or penalties detailed in any specific section of Chapter 96, or criminal penalties as expressed in the General Laws, any violation of this chapter may be enforced by the Chief of Police, or his designee, or the Animal Control Officer by criminal or civil complaint and/or as set forth in MGL c. 40, § 21D, as amended from time to time, that is, noncriminal disposition. Each calendar day that any violation exists shall constitute a separate violation under this provision. Fines issued shall be as follows, unless they are specified within separate sections of this chapter:
A. 
First offense: $25.
B. 
Second offense: $50.
C. 
Third and each subsequent offense: $100.

§ 96-19 Severability.

These rules and regulations are adopted with the intent that each of them shall have force and effect separately and independently of each other, except insofar as by express reference or necessary implication any rule or part of any rule is made dependent upon another rule or part thereof.

§ 96-20 Use of fees and fines.

All fees and fines collected under this chapter will be utilized to offset the cost and expenses incurred under this chapter and for the care and sheltering of dogs in the custody of the Town, unless otherwise required by Massachusetts General Law.