[HISTORY: Adopted by the Town Meeting of
the Town of Barre 6-13-1994 ATM, Art. 41; amended in its entirety 6-9-2003 ATM, Art. 36.
Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 401.
[Amended 6-17-2014 ATM,
Art. 18]
Definitions of "animals," "keeper," "owner," and "run at large"
are defined in MGL c. 140, § 136A.
No owner or keeper of a dog shall permit such
dog, whether licensed or unlicensed, to run at large within the Town
of Barre, except that a dog may, for the purpose of sporting events
such as hunting, field trials or training purposes, be exempt from
the restraining order during such period of time as the dog is actually
engaged in the event or sport.
Dogs may be taken from the owner's premises,
provided that such dogs are on a leash or under the control of the
owner or keeper. Said leash shall not be more than 15 feet long.
The owner or keeper of dogs shall immediately
remove any defecation from any street, public place and property of
another.
It shall be the duty of the Animal Control Officer
to apprehend any dog found unrestrained and running at large and to
impound such dog or other animal in a suitable place or to order the
owner or keeper thereof to restrain said dog or other animal.
A.
If such dog or other animal so impounded has upon
it the name and address of the owner thereof, or if the name of said
owner is otherwise known, then the Animal Control Officer shall attempt
to immediately notify the owner, and if the owner is not known, then
no notice shall be necessary.
[Amended 6-17-2014 ATM,
Art. 18]
B.
The owner of any dog or other animal so impounded may reclaim such dog or other animal upon the payment of the impoundment fee as set by the Select Board and in accordance with Chapter 46, Article III in the Town of Barre Code. Such payment shall include day in and day out and any part thereof that the dog or other animal is held thereafter. However, if the dog is not licensed or is not up to date on its rabies vaccination, these violations must be brought into compliance before the dog is released to any person. Any and all violations shall be paid by the owner or keeper before the dog is returned.
[Amended 6-18-2013 ATM, Art. 25; 6-15-2021 ATM, Art.
20]
[Amended 6-18-2013 ATM, Art. 25; 6-17-2014 ATM, Art. 18]
The sums collected pursuant to the provisions of this bylaw
shall be accounted for and paid to the Town Treasurer with the exception
of the pickup and impoundment fees which are paid directly to the
Town of Rutland as outlined in the Regional Animal Control Agreement
until the termination of that agreement.
[Amended 6-18-2013 ATM, Art. 25]
Any dog or other animal which has been impounded
and has not been redeemed by the owner within seven days shall be
disposed of as provided by MGL c. 140, § 151A, and any amendments
thereto.
[Amended 6-18-2013 ATM, Art. 25; 6-15-2021 ATM, Art.
20]
Any owner or keeper found in violation of any of the provisions of the bylaw shall be subject to the fines and fees as established by the Select Board and in accordance with Chapter 46, Article III of the Barre Code. Further, if the owner or keeper of a dog or other animal is a minor, the parent or guardian of such minor shall be held liable for any violation of this bylaw. Owners of dogs or other animals who receive five or more notices of violation of this bylaw shall be subject to a hearing before the Select Board.
[Amended 6-12-2006 ATM, Art. 32]
The Animal Control Officer or officers duly
appointed shall enforce the provisions of this bylaw relating to dogs,
cats or other animals and shall attend to all complaints or other
matters pertaining to dogs, cats or other animals in the Town of Barre.
[Amended 6-12-2006 ATM, Art. 32; 6-18-2013 ATM, Art. 25; 6-17-2014 ATM, Art. 18]
A.
Notwithstanding any provisions of the general laws
to the contrary, any Animal Control Officer who takes cognizance of
a violation of:
(1)
This bylaw;
(2)
Failure to license dogs (pursuant to MGL c. 140, § 137,
and amendments thereof) failure to acquire a kennel license (pursuant
to MGL c. 140, § 137-A – 137D, and amendments thereof);
or
(3)
Failure to vaccinate dogs, cats or other animals that
are required to be vaccinated against rabies (pursuant to MGL c. 140,
§ 145-B, and amendments thereof);
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May issue or mail a notice of complaint of violation
of the above-mentioned procedure to the owner or keeper. If the owner
or keeper of such dog(s), cat(s) or other animal as defined by MGL
c. 140, § 145B, is a minor, the parent or guardian of such
minor shall be held liable for any violation of the bylaw.
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B.
Any owner or keeper of a dog(s), cat(s) or other animal as defined by MGL c. 140, § 145B, found in violation of the above-mentioned procedure shall be subject to fines as established by the Select Board and in accordance with Chapter 46, Article III, of the Barre Code. If the owner or keeper of a dog or dogs or cat or cats is a minor, the parent or guardian of such minor shall be held liable for any violation of the bylaw.
[Amended 6-15-2021 ATM, Art. 20]
C.
The procedure set forth above shall also include the
provisions of MGL c. 140, § 173-A, as amended.
A.
The definition
of "kennel" shall be as per MGL c. 140, § 136A, and amendments
thereof.
B.
All kennel
locations and any change in kennel locations are subject to approval
by the Zoning Enforcement Officer and licensed by the Town Clerk in
accordance with the Clerk's requirements. All kennels shall be in
accordance with MGL c. 140, § 137A-D.
[Amended 6-17-2014 ATM,
Art. 18]
A.
Whenever there is a call for a problem involving wildlife,
the Animal Control Officer will respond and make an evaluation of
the situation and make a determination as to whether or not there
is, in his/her opinion, a threat to health or public safety.
B.
If it appears there may be a threat to public health
or to the safety of a person or persons, at the time, then the Animal
Control Officer shall exercise his authority and attempt to resolve
the problem.
C.
If there is no apparent, immediate health or safety
problem, then it shall be the responsibility of the homeowner, landlord,
or other person in control of the property to remove the problem animal
or to seek out a private individual(s) who works in this area, to
assist them, at their own personal expense.
D.
If the problem involves the capture and disposal of a wild animal, there will be a charge to the homeowner, landlord, or person in control of the property. This fee will be established by the Select Board and in accordance with Chapter 46, Article III of the Barre Code.
[Amended 6-18-2013 ATM, Art. 25; 6-15-2021 ATM, Art.
20]
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any dog or cat, and also any other domesticated animal normally
maintained in or near the household of the owner or person who cares
for such other domesticated animal. "Pet" or "companion animal" shall
not include a "farm animal" as defined in this section.
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(1)
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Any dog which, unprovoked, in an aggressive
manner, inflicts severe injury upon or kills a human being.
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(2)
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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.
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(3)
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Any dog that has been used for the purpose of
dog fighting or is a dog trained for dogfighting.
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Any poultry, ungulate, species of cattle, sheep, swine, goats,
llamas, equine, or other fur-bearing animal which are raised for commercial
or subsistence purposes.
Any person possessing, harboring, keeping, having an interest
in, or having control or custody of a dog. If the animal is owned
by a person under the age of 18, that person's custodial parents or
legal guardian shall be responsible for complying with all requirements
of this bylaw.
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(1)
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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.
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(2)
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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 domestic animals.
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(3)
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Any dog which, unprovoked, on two separate occasions
within the prior thirty-six-month period, engages in any behavior
that requires a defensive action by any person to prevent bodily injury
when the person and the dog are off of the property of the owner of
the dog.
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(4)
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Any dog which, unprovoked, on two separate occasions
within the prior thirty-six-month period has killed, seriously bitten,
inflicted injury, or otherwise caused injury attacking a domestic
animal off the property of the owner of the dog.
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(5)
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Any dog which, unprovoked, bites a person causing
a less than severe injury.
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Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or corrective or cosmetic surgery.
[Amended 6-15-2021 ATM, Art. 20]
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Exemptions:
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No dog 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 was teasing, tormenting, abusing, or
assaulting the dog, or has in the past been observed or reported to
have teased, tormented, abused or assaulted the dog, or was committing
or attempting to commit a crime.
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The provisions of this section shall not apply
to dogs owned by law enforcement agencies or law enforcement officers
in the performance of police work.
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Procedure for determining a "potentially dangerous
or dangerous" dog.
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Based upon receipt of a written complaint by
a citizen requesting a determination that a dog is potentially dangerous
or dangerous, or on the initiative of an Animal Control Officer based
on information received by such Officer, the Select Board may make
an investigation and determination that a dog is potentially dangerous
or dangerous. The investigation and determination shall be in accordance
with the provisions of this ordinance and shall be consistent with
the procedures delineated in MGL c.140, § 157.
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When a dog is determined to be potentially dangerous
or dangerous, the Select Board may order any or all of the following:
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(a)
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Spaying or neutering within 30 days.
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(b)
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Microchip identification, tattooing or other
means of permanent identification.
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(c)
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Behavior training.
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(d)
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Any other order concerning the keeping, restraint,
removal from the Town, humane euthanasia, or disposal of such dog,
as may be deemed necessary, in accordance with MGL c. 140, § 157.
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Such orders may include:
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Requirements at home for dogs that have been
determined to be potentially dangerous or dangerous: While on the
owner's or keeper's property, a dog that has been determined to be
potentially dangerous or dangerous may be ordered securely confined
indoors or in a securely 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 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 from digging out and a top to prevent the dog 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
digging out. The enclosure must provide the dog 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.
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Requirements outside of the home for dogs that
have been determined to be potentially dangerous or dangerous:
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While off of the owner's or keeper's premises,
a dog 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 control
of a responsible, able-bodied adult. No dog designated as a potentially
dangerous or dangerous dog shall be permitted at public festivals,
carnivals, parades or similar events. The dog may be required while
at large to wear a muzzle designed to prevent the dog from biting.
The muzzle must prevent injury to the dog and must not interfere with
the dog's vision or respiration.
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The owner or keeper of a dog that has been determined
to be potentially dangerous or dangerous must immediately notify the
Animal Control Officer if the dog (a) is loose or unconfined; (b)
bites a person or attacks another animal; (c) is sold, given away
or dies; (d) has been moved to another address, and the location of
the new address.
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Penalties.
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If said animal is found on property not owned
or controlled 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 Select Board, said dog may be subject to further restriction,
including an order of removal from the Town of Barre or humane euthanasia.
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Each day there exists a violation of any of
the provisions of this ordinance shall constitute and be punishable
as a separate offense.
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A dog that has been determined to be potentially
dangerous or dangerous shall not be considered legally licensed, pursuant
to MGL c.140 §§ 137; 147 unless the owner is in full
compliance with this ordinance.
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B.
All fees collected by the Town Clerk will be deposited
into the Town Treasury in accordance with MGL c. 140, § 147
and amendments thereof.
C.
Anyone renewing a dog license after the deadline date
of June 1 must pay a late licensing penalty as indicated above in
addition to the cost of the dog license.
