For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A structure providing protection for an animal or animals,
whether for livestock, service or companion animals, or pets, which
is large enough for the animals to stand naturally, turn around and
lie down inside without being exposed to the elements of weather and
which is protected from excessive heat and cold. The roof and walls
of the structure must be waterproof and windproof. Bedding must be
dry, kept dry and changed regularly to preserve its insulating qualities
and cleanliness. The walls must be adequate to provide reasonable
protection from cold and openings must appropriately close, in the
judgment of the Animal Control Officer, so as to preserve the heat
within generated by the dog's body heat. Adequate shelter from sun
may be provided by a tarp placed in a manner which provides deep shade
and allows air to pass through for ventilation. In appropriate circumstances,
consistent with the public health and safety as determined by the
Board of Health, adequate shelter can mean the residence of the owner
or keeper.
The Animal Control Officer and any Assistant Animal Control
Officer appointed by the Mayor.
The City of Fitchburg.
Any dog that has:
Inflicted severe injury on a human being without
provocation on public or private property;
Killed or injured a domestic animal without
provocation while off the owner's property; or
Been previously found to be potentially dangerous
and which bites, attacks or endangers the safety of human or domestic
animals.
All animals of canine species, both male and female.
A domesticated animal intentionally kept, maintained and/or
reared in an agricultural setting for produce, such as food or fibre,
or for its labor. As an example only and without limiting the generality
of the foregoing, it means any poultry, ungulate, species of cattle,
sheep, swine, goats, llamas, equine, or other fur-bearing animal raised
for commercial or subsistence purposes.
Any person, corporation or society, other than the owner,
harboring or having in his or her possession any dog. In situations
where this person is a minor or incompetent person, the parent or
guardian shall be deemed to be the keeper.
[Amended 6-3-2014 by Ord.
No. 100-2014]
A place where one or more packs or a collection of dogs is
maintained on a single premises, whether maintained for breeding,
boarding, sale, training, hunting or other purposes, and includes
any shop where any number of dogs are for sale. It also includes every
pack or collection of four or more dogs, six months of age or older,
owned or kept by a person on a single premises, regardless of the
purpose for which they are maintained. A veterinary hospital does
not constitute a kennel unless it sells or boards dogs unrelated to
the medical service it provides to the dogs. If it does sell or board
dogs, for other than medical reasons, it must obtain a commercial
kennel license.
A kennel maintained for the boarding or in-residence training
of dogs; a kennel where 10 or more dogs are kept; or any kennel maintained
for commercial purposes.
A kennel maintained with a minimum of four and a maximum
of nine dogs in or on residential premises but not for commercial
purposes. Any person having four or more dogs on a single premises
or on adjacent premises is maintaining a kennel.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog, as herein defined. In situations where
this person is a minor or incompetent person, the parent or guardian
shall be deemed to be the owner.
Any dog, cat, bird or other domesticated animal kept and
maintained in or near the household of the owner or keeper for companionship
and/or enjoyment of the owner or keeper or the members of his or her
household. The term "pet" shall not include a farm animal as defined
in this section.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Any dog that when unprovoked inflicts injury or threatens
to bite or bites a human being or domestic animal either on public
or private property; or chases or approaches a person without provocation
in a menacing fashion or apparent attitude of attack; or any dog with
a known propensity, tendency or disposition to attack unprovoked or
to cause injury or otherwise to threaten the safety of human beings
or domestic animals.
As used in this chapter, a dog shall be deemed a "public nuisance" when it attacks persons or domestic animals while it is on the property of a person other than the dog's owner or keeper; when it destroys property other than that of the owner or keeper; when it is on school grounds or any other public or private property other than that of the owner or keeper without restraint; if it persistently chases, annoys or bothers moving vehicles, bicycles or persons when such vehicles, bicycles or persons are not on or threatening the property or person of the dog's owner or keeper or if it barks or howls excessively; if it is an unspayed female in estrus and not confined indoors or housed in a veterinary hospital or kennel; or if it is a dangerous dog and not kept in the manner described in § 84-2B. A guard dog, protecting private property and running at large or unrestrained on such private property, shall not be deemed a "nuisance" because it is running at large if:
Under control and obedient to the commands of an owner or
keeper competent to control and command obedience.
Free of restraint and permitted to wander on private or public
areas or ways at will.
Any injury that reasonably, in accordance with accepted medical
standards, requires a physician's attention.
A.Â
No owner or keeper of any dog shall permit such dog,
whether licensed or unlicensed, to run at large or to be a public
nuisance within the City. A dog shall not, solely by reason of participation
in sporting events such as hunting, field trials or in training programs,
be deemed to be running at large during such period of time as the
dog is actually engaged in the event or sport if it is under appropriate
restraint. Dogs may be taken outside the premises where they are kept
and to and from those premises, but only if the dogs are on leashes
or otherwise appropriately restrained. No person shall take, bring,
or allow any dog into any public place, into any place to which the
public has access, including but not limited to: any street, way or
sidewalk; in any common area, park or playground; into any place where
people congregate unless the dog is under the restraint of a leash
or chain appropriate to the size and weight of the dog and so fitted
that it does not cause the dog pain and provides maximum comfort to
the dog while effectively restraining the dog.
B.Â
It is unlawful for an owner or keeper of a dangerous dog to permit the dog to be outside an enclosure as described below unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal. Further, while on the keeper's or owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen structure, chained or locked to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall provide the dog protection from the weather. The owner or keeper shall post notices on the property where the dog is enclosed. The notices shall be posted at such intervals and heights and shall be of such size and type so as to provide clear, obvious and unambiguous notice that the dog enclosed in the structure is a dangerous dog. The notices shall be understandable by adults and children. It shall also be unlawful for the owner/keeper of a dangerous dog to violate the written order of the Animal Control Officer issued pursuant to § 84-3B.
C.Â
No owner
or keeper, or person otherwise in control of or responsible for a
dog, shall allow or permit the dog to annoy another person or to interfere
with another person's right to peace and quiet by reason of loud or
continuous animal noises from the property, building or premises where
the dog is kept, or from a vehicle or conveyance in which the dog
is traveling. An owner or keeper has a duty to prevent barking and
other animal noises from disturbing other persons. Such noises, plainly
audible at the lot line of the premises from which they emanate, and
occurring continuously or repeatedly for 10 minutes or more, constitutes
prima facie evidence of a violation of this subsection.
D.Â
No owner
or keeper, or person otherwise in control of or responsible for a
dog or other animal, shall permit or allow such a dog or other animal
to leave feces within the City in any public area or private place,
including but not limited to any park, playground, beach, public common,
place to which the public has access, municipal recreation area, street,
sidewalk, or the private property of someone other than the owner
or keeper.
E.Â
An owner
or keeper, or person otherwise in control of or responsible for a
dog or other animal, has a duty to remove and dispose of any feces
left by the dog anywhere in the City, including but not limited to
any park, playground, beach, public common, municipal recreation area,
street, sidewalk, public area, area to which the public has access
or private property. This duty includes a duty to clean up and maintain
the premises in or on which the animal lives, whether permanently
or temporarily.
F.Â
An owner
or keeper, or person otherwise in control of or responsible for a
dog or other animal, shall carry with him or her proper and appropriate
equipment for the removal of any feces deposited by the animal when
the person is with the animal in any park, at any playground, beach,
public common, area to which the public has access, municipal recreation
area, or in any way or street, sidewalk, public area, or any private
property other than the owner's or keeper's. This subsection shall
not apply to a service dog accompanying a disabled person.
[Amended 6-3-2014 by Ord.
No. 100-2014]
A.Â
It shall be the duty of the Animal Control Officer
to apprehend any dog which he or she has reason to believe to be a
public nuisance and to impound such dog in a suitable place or to
order the owner thereof to restrain such dog.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.Â
If the Animal Control Officer reasonably believes
that any dog is a dangerous dog, he or she shall so declare to the
owner/keeper and Police Chief, in writing, and shall issue appropriate
reasonable orders to the owner or keeper to require compliance with
this chapter and to protect the public health and safety.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.Â
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 which the dog was attempting to prevent
or stop.
D.Â
The Animal Control Officer may apprehend and impound any dangerous dog not secured in accordance with § 84-2B, any potentially dangerous dog or any dog found unrestrained or running at large and may issue written orders to the owner and/or keeper imposing reasonable restrictions and conditions for the purpose of preserving and protecting the public health and safety. A violation of any such written order served on the owner or keeper shall be deemed a violation of this chapter.
A.Â
If the impounded dog has upon it the name or address
of the owner thereof or if the name of such owner is otherwise known,
then the Animal Control Officer shall immediately notify the owner,
and if the owner is not known, then no notice shall be necessary.
B.Â
If the impounded dog has upon it the name and address
of the owner/keeper thereof or if the name of such owner/keeper is
otherwise known, then the Animal Control Officer shall immediately
notify the owner/keeper. If the owner/keeper is not known, then no
notice shall be necessary. The owner/keeper of any dog so impounded
may reclaim the dog upon the payment of the sum of $10 for the first
twenty-four-hour period or any part thereof and for each subsequent
twenty-four-hour period or portion thereof that the dog is held thereafter;
provided, however, that if the dog is not licensed, the Animal Control
Officer shall not release it until the owner obtains a license.
The sums collected pursuant to the provisions of § 84-4 shall be accounted for and paid over to the City Treasurer; such accounting shall include date, name of owner and amount of money collected. The Animal Control Officer shall give a receipt for payment of any such fees.
Any dog which has been impounded and has not
been redeemed by the owner within 10 days shall be disposed of as
provided by MGL c. 140, § 151A, as the same may from time
to time be amended.
