[HISTORY: Adopted May 1997 ATM by Art. 11
as Ch. 17 of the 1997 Bylaws. Amendments noted where applicable.]
The purpose of animal control is to encourage
the safe, humane treatment of animals, to establish and foster responsible
animal ownership, to effectively control the spread of contagious
disease, and to maintain a safe environment for both animals and people.
The following words, for the purposes of this
chapter of these bylaws, shall, unless another meaning is clearly
apparent for the way in which the word is used, have the following
meanings:
Means the delivery of a cat or dog to any person 18 years
of age or older for the purpose of harboring as a pet.
Means any member of the domesticated dog or cat family.
Means one or more individuals hired by the Town to perform
the duties outlined in this chapter.
Means a cat neck collar, specifically designed to either
break or stretch if the cat hooks it around a branch or otherwise
gets entangled.
Means any animal that has a verifiable record of inflicting
injury on a human being without provocation, or has killed a domestic
animal without provocation, or any dog owned or harbored primarily,
or in part, for the purpose of fighting or any animal trained for
fighting.
Means livestock and fowl and all other animals (other than
dogs or cats) owned or kept by man. This definition does not include
those animals that are illegal to own or keep under the laws of the
Commonwealth of Massachusetts.
Means a single premises where more than three dogs or more
than five cats over the age of six months are owned, kept, harbored,
or temporarily cared for, regardless of purpose.
Effective January 1, 1998, the licensing period means the
time between January 1 and the following December 31, both dates inclusive.
[Amended 1997 ATM by Art. 22]
Identifies an individual or group of individuals who own
or care for an animal and are responsible for the animal and the animal's
health, well-being and behavior.
Means any dog which, when unprovoked, chases or approaches
a person upon the public ways or on any public or private property
(other than the animal's own premises) in a menacing fashion or in
an apparent attitude of attack; or any dog with a known propensity,
tendency, or disposition to attack when unprovoked, to cause injury,
or to otherwise threaten the safety of human beings or domestic animals.
Any institution operated by 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 causes, prevention, control or
cure of diseases or abnormal conditions of human beings or animals.
Means all types of animals naturally found in the wild, to
animals as defined above, and/or to domestic animals as defined above,
that are living in a wild state with no identifiable owner/keeper.
A.
The Select Board shall set the fee schedule within
the Town. Changes to regulations and fees and fines shall require
that the Select Board hold a public hearing on the matter after providing
seven days' notice. Amendments and changes shall be deemed effective
upon publication.
[Amended 6-12-2021 ATM by Art. 55]
B.
The Town Manager and the Chief of Police shall, when
necessary, appoint an individual to serve as the Animal Control Officer.
Supervision of the Animal Control Officer shall be the responsibility
of the Chief of Police. It shall be the responsibility of the Animal
Control Officer to enforce the animal control provisions of this chapter.
C.
No Animal Control Officer shall be a licensed animal
dealer.
D.
The Town Clerk shall be responsible for issuing licenses
for animals and kennels in the Town. All funds received from licensing,
fines, impoundment fees, sale of animals, and any other source related
to animal control as outlined in this chapter shall be paid into the
general fund.
A.
The owner/keeper of a dog or a cat kept within the
Town of Chatham shall cause that dog or cat to be licensed when it
attains the age of six months and annually thereafter. The licensing
period shall be between January 1 and December 31, inclusive.
[Amended 1997 ATM by Art. 22]
B.
No license may be issued unless the owner/keeper of
the animal provides proof of rabies vaccination. Proof may be in the
form of a certificate or letter issued by a veterinarian stating the
animal has been vaccinated in accordance with the then current regulations
of the Massachusetts Department of Public Health. In the case of a
neutered or spayed animal, a letter or a certificate from a veterinarian
stating that neutering/spaying has occurred is required.
C.
A licensing form shall be provided by the Town Clerk's
office that shall include the name of the owner/keeper of the animal,
the address in Chatham where the animal is kept, the name of the animal,
whether the animal is a cat or a dog, the age, the breed, color and
any other identifying characteristics. There shall be one form for
each animal owned. The Town Clerk shall record the license and issue
a registration number and tag for each animal.
[Amended 1997 ATM by Art. 22]
D.
The owner/keeper shall keep a copy of the dog license
in his home in a readily accessible place. The dog shall wear around
its neck or body a collar or harness to which is securely attached
the tag issued for that animal.
E.
The owner/keeper shall keep a copy of the cat license
in his home in a readily accessible place.
(1)
A cat that is allowed outdoors shall wear around its
neck a safety collar to which is securely attached the tag issued
for that animal.
(2)
The owner/keeper of a cat that is kept within the
confines of a building and is never allowed outside will not be required
to cause the cat to wear a safety collar/tag but will be required
to keep the license and tag on the premises in an immediately accessible
place. If the owner or keeper decides to allow the cat to go outside,
the cat must be collared and tagged.
[Amended 1997 ATM by Art. 22]
F.
In the case of lost, defaced or destroyed tags, a
substitute tag may be obtained from the Town Clerk. Owner/keepers
must obtain substitute tags within 10 working days.
[Amended 1997 ATM by Art. 22]
G.
The owner/keeper of any animal shall provide proof
of licensing upon request of the Animal Control Officer, police officers,
health agents, shellfish wardens, wharfinger, harbormaster, or other
authorized officials.
H.
An animal license duly recorded and issued in another
jurisdiction will be transferred to the Town within 10 days of moving
to the Town. A prorated fee will be charged for the license.
I.
Any dog or cat found running loose in the Town whose
owner/keeper cannot prove current licensing and rabies inoculation
in another city or town shall be required to obtain a license from
the Town of Chatham.
J.
Dogs specifically trained to assist a disabled person
shall not be charged a licensing fee but will be required to adhere
to the provisions of this chapter. Proof of animal training will be
required at the time of licensing.
K.
No dog or cat license shall be issued to persons who
have been convicted of cruelty to animals as defined in MGL c. 272,
§ 77, 80A, 94 or 95.
A.
Any owner/keeper of a kennel as defined in this chapter
shall be required to obtain a kennel license from the Town Clerk on
an application form provided by that office. Before applying for the
license, all other applicable permits and licenses, both state and
local, must be obtained.
B.
If a kennel owner/keeper wishes to expand the capacity
of the kennel within a licensing year, a license modification must
be applied for before the expansion. Before applying for the license,
all other applicable permits and licenses, both state and local, must
be obtained.
A.
No owner/keeper of an animal shall allow that animal
to become a nuisance to other persons, domestic animals, or animals.
Dogs shall be leashed on public property. It shall be unlawful for
the owner/keeper of any dog to permit it to be at large upon premises
other than those where it is lawfully kept, except with the permission
of the landowner. The presence of a dog at large upon premises other
than those of its owner/keeper shall be prima facie evidence that
the required permission was not obtained.
B.
Animals running at large will be retrieved and impounded
by the Animal Control Officer or other authorized agents of the Town.
If the animal is licensed and the owner/keeper is known, the Animal
Control Officer will enter a complaint against the owner/keeper for
failure to comply with the provisions of this chapter. If the animal
is unlicensed and the owner/keeper unknown, the Animal Control Officer
will keep it for a period of 10 days, at the end of which time, if
the animal is unclaimed, the animal will either be given up for adoption
or sale to any qualified person or destroyed. If the owner/keeper
of an unlicensed animal comes to claim the animal, he must first obtain
a license from the Town Clerk. If the animal is adopted or sold, the
new owner/keeper must first obtain a license for the animal. Money
taken for animals sold will not exceed $50. All cost of impoundment,
required medical care and/or licensing will be assumed by the known
owner/keeper of the animal. In the case of adoption or sale, such
costs will be assumed by the Town.
C.
No dog or cat confined or impounded by an Animal Control
Officer shall be sold, placed or turned over to a research institution.
D.
Any individual injuring an animal must report it to
the police or the Animal Control Officer as soon as possible.
E.
The owner/keeper of an injured animal is responsible
for the costs of rescue of any animal or domestic animal injured or
killed by a motor vehicle and shall be responsible for all fees related
to the injury or death.
F.
It shall be unlawful for the owner/keeper to permit
a dog to disrupt another person's right to peace or privacy by making
loud and/or continuous noise. Upon a complaint of a barking/howling
dog which has been creating a noise nuisance for not less than 10
continuous minutes, where such noise is plainly audible at a distance
of 150 feet from the building or premises where the complaint is issued,
the Animal Control Officer (or a police officer in consultation with
the Animal Control Officer) will issue a written warning to the owner/keeper
of the animal creating the nuisance. If the owner/keeper fails to
remedy the situation, a warning may be followed by a citation to the
owner/keeper for failure to remedy.
(1)
Failure to permanently remedy the nuisance may result
in the issuance of penalties and in other disciplinary actions voted
by the Select Board, including but not limited to permanent confinement,
banishment from the Town, or destruction of the dog.
[Amended 6-12-2021 ATM by Art. 55]
(2)
Within 10 days after such order the owner or keeper
of such dog may bring a petition in the District Court within the
judicial district in which the dog is owned or kept praying that the
order may be reviewed by the Court in accordance with MGL c. 140,
§ 157.
[Amended 1997 ATM by Art. 22]
G.
It shall be unlawful for the owner/keeper of a dog
which has exhibited vicious, dangerous or potentially dangerous behavior
to fail to safeguard humans or other animals from attack or threat
from this dog.
(1)
Upon complaint of a dangerous, potentially dangerous,
or vicious dog, the Animal Control Officer or a police officer in
consultation with the Animal Control Officer shall make an investigation
into the complaint and shall take whatever steps are deemed necessary
to remedy the complaint. The owner/keeper of the animal creating the
complaint may be issued a written warning and ordered to immediately,
permanently confine the dog. If the owner/keeper fails to remedy the
situation, the warning may be followed by a citation to the owner/keeper
for failure to remedy.
(2)
Failure to permanently remedy the nuisance may result
in the issuance of penalties and in other disciplinary actions voted
by the Select Board.
[Amended 6-12-2021 ATM by Art. 55]
H.
The Animal Control Officer shall maintain records
on all dogs cited for noise or for being a dangerous/vicious or potentially
dangerous dog. In the case of noise citations, three or more citations
in a six-month period or, in the case of a potentially dangerous dog,
two or more citations within a month shall be brought to the attention
of the Select Board.
[Amended 6-12-2021 ATM by Art. 55]
(1)
All citations against a dangerous dog shall be brought
to the attention of the Select Board immediately.
(2)
The Select Board may call a public hearing to discuss the dog, the dog's behavior and the responsibility of the owner/keeper and to take whatever actions it may deem necessary, in accordance with MGL c. 140, § 157 [see Subsection F(2) above], including but not limited to permanent confinement, banishment from the Town, or destruction of the dog.
I.
All costs of confinement, banishment or destruction
of the animal will be assumed by the owner/keeper.
J.
If an individual has suffered the loss of domestic
animals through the actions of a dog, the claimant must, within 24
hours, notify the Animal Control Officer and the Police Department.
The claimant may not be the owner/keeper of the dog in question and
may not disturb the scene of the kill in any way.
(1)
Evidence must be presented to the Animal Control Officer
that the loss was caused by a dog or an eyewitness must attest to
this fact. The Animal Control Officer will then determine whether
or not the damage was done by the dog(s).
(2)
Domestic animals so killed that are raised for food
or pelts are eligible for reimbursement by the Town. Damage of over
$50 must be witnessed by at least two police officers and the Animal
Control Officer. Based on the evidence, the Animal Control Officer,
within 10 days, shall make a written report to the Select Board, describing
the incident, the number and kind of animals damaged, and the extent
of the damage. Claims will be based on the market value of animals
killed, to be judged by age, weight, and price per pound, or based
on veterinary bills for injured animals treated in an attempt to save
them. The report shall be countersigned by the two police officers
who witnessed the damage. After reviewing the written report, the
Select Board shall instruct the Town Treasurer to pay the claim.
[Amended 6-12-2021 ATM by Art. 55]
(3)
No owner/keeper of domestic animals shall be reimbursed
for damages inflicted by his own dog(s), nor shall there be reimbursement
if the claimant is the owner/keeper of an unlicensed dog.
(4)
No reimbursement will be made for damages unless the domestic animals are kept in proper houses or in suitable enclosures as described in the Town of Chatham Board of Health's animal regulations. No reimbursement will be made for damage to wild animals (as defined in § 115-2 of this chapter) or for domestic animals that are not raised for food or pelts. Awards for damages in no case shall exceed the fair cash market value of such domestic animals.
K.
The owner/keeper of a dog which has done damage to
domestic animals shall be liable for such damage, and the Select Board
may order the owner/keeper to pay such damages after an investigation
and appraisal by the Animal Control Officer and an appraisal done
by a person chosen by the persons sustaining the damage and an appraisal
done by a third person chosen by the other two. These three people
shall submit a report to the Select Board stating the type of damage,
the number and kind of animals, damages, and whether any animals required
medical treatment by a veterinarian to save them.
[Amended 6-12-2021 ATM by Art. 55]
(1)
In the event that the owner or keeper of such dog
known to have done damage to domestic animals refuses to pay upon
the order of the Select Board, it shall enter or cause to be entered
a complaint in District Court for the enforcement of the order.
(2)
If a dog which has previously been ordered restrained
by the Animal Control Officer or the Select Board or, upon review,
by the District Court wounds any person, or maims or kills any domestic
animals, the owner/keeper or keeper of such dog will be liable to
the person injured thereby in treble the amount of damages sustained
by him/her.
L.
It shall be unlawful for any dog to harass, worry,
chase, or maim any wild animal except when the dog is engaged in the
trained retrieval of a wild animal wounded or killed by a licensed
hunter who is actively engaged in the sport during the proper season.
M.
Any person or persons found guilty of a violation
of any provisions of MGL c. 272, § 77, 80A, 94 or 95, within
the Town of Chatham, will forfeit the right to own or keep any animal
and must immediately, upon conviction, surrender all animals in his/her
possession to the Animal Control Officer or make other suitable arrangements
for the sale or transfer of said animals away from the property of
the current owner/keeper.
A.
All animals shall be vaccinated against rabies upon
attaining the age of six months and will adhere to the revaccination
schedule recommended by the Massachusetts Department of Public Health.
B.
All animal bites, regardless of severity, shall be
reported to the Animal Control Officer or the police, within 24 hours
of the incident, by the victim, any medical attendant, owner/keeper
of the animal or other witness.
C.
The Animal Control Officer will order any animal or
domestic animal, if there is reason to believe it is infected with
rabies, to be quarantined. Quarantine may take place upon the premises
of the owner/keeper or at any other such place the Animal Control
Officer may designate. The owner/keeper of the animal shall be responsible
for all costs incurred during the quarantine. Any animal so quarantined
shall be assumed to be infected with rabies and shall be kept from
all human or other domestic or wild animal exposure.
D.
It shall be unlawful for the owner/keeper of an animal
which has bitten or scratched and broken the skin of a person to fail
to comply with a quarantine order issued by the Animal Control Officer.
Failure to comply or keep a quarantine order will result in a fine,
each offense being treated as a separate offense.
A.
All kennels shall keep accurate records on their premises
of all the animals under their care. Records shall include a description
of the animal, age, color, identifying marks, sex, pertinent medical
records, including whether or not the animal has been spayed or neutered,
and copies of licenses issued. If an animal is sold or conveyed to
someone other than the original owner/keeper, the kennel operator
or original owner/keeper shall forward to the clerk of the city or
town where the new owner/keeper resides copies of all pertinent records.
B.
Kennels must be maintained in a sanitary and humane
manner. Sufficient space, protection from weather, easily obtainable
water, proper food, and exercise must be provided to animals kept
at the kennel. Breeding kennels must provide adequate medical care
when necessary.
C.
Inspections of kennels shall take place annually and
on complaint. Inspections shall be conducted by the Animal Control
Officer or other authorized agent of the Town. If, at the time of
inspection, the kennel is found to be unsanitary and/or the animals
within the kennel are judged to be inhumanely kept, the Animal Control
Officer may require the owner/keeper to have the animals inspected
by a veterinarian and to remove the unsanitary conditions/inhumane
treatment or have his license revoked or suspended.
D.
The owner/keeper has the right to a hearing before
the Select Board showing why he feels that his license should not
be revoked or suspended. A request for a hearing must be made in writing
within seven days of the revocation or suspension of the license.
Upon receipt of the request, the Select Board shall set a time and
place for the hearing and shall inform the petitioner in writing.
The hearing shall be held not later than 21 days after the date on
which the revocation or suspension occurred. The hearing may be postponed
by the petitioner if, in the opinion of the Board, there is good and
sufficient cause for such postponement.
[Amended 6-12-2021 ATM by Art. 55]
E.
Upon petition to the Select Board, by 25 citizens
of the Town, setting forth that they are aggrieved or annoyed to an
unreasonable extent by one or more animals at a kennel located in
the Town, because of excessive noise or vicious disposition of such
animals or other conditions connected with the kennel that constitute
a public nuisance, the Select Board shall, within seven days of the
filing of such petition, give notice to all parties concerned of a
public hearing to be held within 14 days after the date of such notice.
[Amended 6-12-2021 ATM by Art. 55]
(1)
Within seven days after the public hearing, the Board
shall make an order either revoking or suspending such kennel license
or otherwise regulating the operation of said kennel, or shall dismiss
such petition.
(2)
Within 10 days after such order, the holder of such
kennel license may bring a petition in District Court within the judicial
district in which such kennel is located, praying that such order
be reviewed by the Court.
