A.
Fines.
(1)
Any owner or keeper found in violation of this chapter
or in violation of any written order of the Animal Control Officer
served upon such owner or keeper shall be fined in accordance with
the following schedule:
|
Schedule
| ||
|---|---|---|
|
Offense
|
Fine
| |
|
1st offense
|
$50
| |
|
2nd offense
|
$100
| |
|
3rd and subsequent offenses
|
$300
| |
|
All violations of § 84-2B
|
$300
| |
B.
If the owner or keeper of a dog is a minor, the parent
or guardian or such minor shall be held liable for any violation of
this chapter.
C.
Removal of dog from City limits.
(2)
Any owner or keeper who after having been ordered
to remove a dog from the City limits fails to do so or who fails upon
request of the Animal Control Officer to produce satisfactory proof
that the dog is being kept outside of the City limits within seven
days of the order or request as the case may be shall be subject to
an additional fine of $300. Any dog removed from the City under this
section may be impounded if it returns to the City without the Animal
Control Officer's express written consent.
A.
The Animal Control Officer or members of the Police
Department, duly appointed, shall enforce the provisions of this chapter
relating to dogs and shall attend to all complaints or other matters
pertaining to dogs in the City, with citation rights.
B.
Notwithstanding the provisions of § 84-7, whoever violates any provision of this chapter may, in the discretion of the Animal Control Officer or his or her duly authorized agent, be penalized by a noncriminal complaint filed in the District Court or Housing Court pursuant to the provisions of MGL c. 40, § 21D. For purposes of such noncriminal enforcement, the penalty shall be as follows: $50 for the first offense; $100 for the second offense; and $200 for the third offense. Each day on which a violation exists shall be deemed a separate offense. The Animal Control Officer may alternatively seek equitable relief in the appropriate court to obtain compliance with this chapter or his or her orders.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
The prohibitions and requirements of this chapter
establish duties within the meaning of MGL c. 40, § 31.
If any person neglects to perform any duty so imposed or violates
any duty hereby imposed, the Animal Control Officer or his or her
designee may perform such duties at the expense of the person liable
to perform them. Such expense may be recovered by a civil suit for
breach of contract.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
The City may also impose a municipal charges lien
within the meaning of MGL c. 40, § 58, for any expense,
fine, fee or charge assessed under this chapter if it is not paid
by the due date.
E.
If any check in payment for any service, fee, charge
or fine imposed by this chapter is not duly paid or honored, the Treasurer
of the City shall send notice and demand to the payor of the check.
Upon such notice and demand, in addition to any other penalty provided
by law then shall be imposed a penalty in an amount equal to 1% of
the amount of the check; provided, however, that if the check is less
than $1,500, the penalty shall be $25. A person upon whom such penalty
is imposed may within 60 days of the imposition of the penalty appeal,
in writing, to the Commissioner of Revenue pursuant to MGL c. 44,
§ 69.
