[HISTORY: Adopted by the Town of Southwick
as indicated in article histories. Amendments noted where applicable.]
[Adopted STM 9-30-1974 by Art. 9 as Ch. VII of the 1975 Bylaws;
amended in its entirety STM 4-6-2005 by Art. 11]
[Amended ATM 5-21-2013 by Art. 22]
The Town of Southwick may create bylaws and
ordinances relating to dog and cat licensing and related companion
animals and fees pursuant to M.G.L. c. 140, § 136 to § 174E,
inclusive.
Means 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.
The delivery of a cat or dog to a person 18 years of age
or older for the purpose of taking care of the dog or cat as a pet.
[Added ATM 5-21-2013 by Art. 22]
An appointed officer authorized to enforce sections 136A
to 174E, inclusive.
[Amended ATM 5-21-2013 by Art. 22]
Any dog which is off the owner's or keeper's property and
not under control of the owner or keeper, and any cat off the owner's
or keeper's property and not under control of the owner or keeper.
Aggressive physical contact initiated by an animal.
[Added ATM 5-21-2013 by Art. 22]
The commissioner of agricultural resources.
[Added ATM 5-21-2013 by Art. 22]
Means any dog or cat, and shall also mean 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.
A dog that either: (i) without justification, attacks a person
or domestic animal causing physical injury or death; or (ii) behaves
in a manner that a reasonable person would believe poses an unjustified
imminent threat of physical injury or death to a person or to a domestic
or owned animal; or (iii) unprovoked, in an aggressive manner, inflicts
severe injury upon or kills a human being; or (iv) 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; or (v) was previously determined to be an 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; or (vi)
that has been used for the purpose of dog fighting or a dog trained
for dog fighting.
[Amended ATM 5-21-2013 by Art. 22]
An animal designated as domestic by regulations promulgated
by the department of fish and game.
[Added ATM 5-21-2013 by Art. 22]
To take the life of an animal by the administration of barbiturates
in a manner deemed acceptable by the American Veterinary Medical Association
Guidelines on Euthanasia.
[Added ATM 5-21-2013 by Art. 22]
As used in this article means any poultry, ungulate, species
of cattle, sheep, swine, goats, llamas, equine, or other fur-bearing
animals which are raised for commercial or subsistence purposes.
The selectmen of a town, mayor of a city, the officer in
charge of the animal commission, the chief or commissioner of a police
department, the chief or commissioner's designee or the person
charged with the responsibility of handling dog complaints in a town
or city.
[Added ATM 5-21-2013 by Art. 22]
A person, business, corporation, entity or society, other
than the owner, having possession of a dog.
[Added ATM 5-21-2013 by Art. 22]
Means one pack or collection of dogs 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 five or more dogs three
months of age or older, owned or kept by a person on a single premises
irrespective of the purpose for which they are maintained.
Means any premises maintained for the boarding or breeding
or in-residence training of dogs, or day care, or where 10 or more
dogs three months of age or older are kept.
Means any premises where an owner or keeper maintains five
up to and including nine dogs three months of age or older.
The period of time for which a municipal licensing authority
prescribes the validity of a dog license, including the date of issuance
of the license through the date on which the license expires, inclusive.
[Added ATM 5-21-2013 by Art. 22]
The police commissioner of the city of Boston and the clerk
of any other municipality.
[Added ATM 5-21-2013 by Art. 22]
A fowl or other animal kept or propagated by the owner for
food or as a means of livelihood, deer, elk, cottontail rabbit, northern
hare, pheasant, quail, partridge and other birds and quadrupeds determined
by the department of fisheries, wildlife and environmental law enforcement
to be wild and kept by, or under a permit from, the department in
proper houses or suitable enclosed yards; provided, however, that
"livestock or fowl" shall not include a dog, cat or other pet.
[Added ATM 5-21-2013 by Art. 22]
A dog that: (i) by excessive barking or other disturbance,
is a source of annoyance to a sick person residing in the vicinity;
or (ii) by excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's
quiet and peaceful enjoyment; or (iii) has threatened or attacked
livestock, a domestic animal or a person, but such threat or attack
was not a grossly disproportionate reaction under all the circumstances.
[Added ATM 5-21-2013 by Art. 22]
Means 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 bylaw.
As used in this article means:
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.
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 animal, pet or farm
animal.
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.
Any dog which, unprovoked, bites a person causing
a less than severe injury.
Means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or corrective or
cosmetic surgery.
Any person who at the commencement of a license
period (April 1st through March 31st) is, or who during any license
period becomes, the owner or keeper of a dog six months old or over,
shall cause the dog to be licensed within 30 days. The Town Clerk
or Animal Control Officer shall issue dog licenses and tags on a form
prescribed and furnished by the Town. Subject to the approval of the
Board of Selectmen, the Town may provide licensing to be conducted
through the mail.
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.
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 or Animal Control Officer at the cost
of $1. Such monies shall be transmitted to the Town of Southwick's
General Fund in the same manner as license fees. The Town Clerk or
Animal Control Officer shall not issue a license for any dog unless
the owner or keeper provides the Town Clerk or Animal Control Officer
with a veterinarian's certificate verifying that the dog is currently
vaccinated against rabies.
The Town Clerk or Animal Control Officer 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 M.G.L. c. 140, § 145B, or has been certified
from such provision as provided in M.G.L. 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.
[Amended ATM 5-21-2013 by Art. 22]
The following is a list of licensing fees for
dogs to be licensed in the Town of Southwick:
|
Male dog
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$25.00
|
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Female dog
|
$25.00
|
|
Spayed female dog
|
$10.00
|
|
Neutered male dog
|
$10.00
|
|
Exceptions:
|
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 or Animal Control
Officer, the licensing fee shall be $10.
|
|
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 or Animal Control Officer
of a certificate of such training.
| |
|
Late fee:
|
The Town Clerk or Animal Control Officer shall collect a late fee of $15 for every dog license issued after the thirty-day period, as defined in § 69-3.
|
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No license fee or part thereof shall be refunded
because of subsequent death, loss, spaying, or removal from the Commonwealth
or other disposal, of the dog.
| |
|
Any owner or keeper of a dog who moves into
the Town of Southwick and has a valid dog license for his/her dog
from another city or town in the Commonwealth shall, within 30 days,
obtain a dog license for a fee of $1 upon producing evidence of the
previous license.
| |
|
No fee shall be charged for a license issued under this section
for a service animal as defined by the Americans with Disabilities
Act[1] or regulations promulgated thereunder. No fee shall be
charged for a license for a dog owned by a person aged 70 years or
over in a city or town that accepts this provision. No license fee
or portion thereof shall be refunded because of the subsequent death,
loss, spaying or removal from the commonwealth or other disposal of
the dog, nor shall a license fee or portion thereof paid by mistake
be paid or recovered after it has been paid over to a city or town
under section 147.
| |
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[Amended ATM 5-21-2013 by Art. 22]
The owner or keeper of a dog or cat in the Town
of Southwick 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's directions 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 of Southwick
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.
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, 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 of Southwick.
Vaccinated animals, dog or cat, shall be revaccinated
periodically in accordance with the rules and regulations adopted
by and promulgated by the Mass. Department of Public Health.
Any person who violates the provisions of § 69-5, shall receive a written warning 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 of Southwick General Fund.
A.Â
No person shall keep more than six cats being over the age of six months, at any single-family residence within the Town of Southwick. No person shall keep more than four dogs being over the age of six months located in any zone set forth in Chapter 185 of the Zoning Bylaws of the Town of Southwick (except Agriculture and Conservation District AC). Owners or keepers of dogs located in an Agricultural and Conservation District AC Zone under the Zoning Bylaws may be keepers of more than four dogs only upon the issuance of a kennel license after a public hearing before the Board of Selectmen. Those persons who kept more than four dogs or six cats at there premises as of the date of the enactment of this bylaw may keep said animals in excess of the aforesaid limit, but said animals may not be replaced so as to exceed the four dogs and six cats limit.
Any person or business maintained for the boarding
or breeding or day care or in-residence training of dogs shall obtain
a kennel license. Any owner or keeper of five up to and including
nine dogs three months of age or older, being maintained at a premises,
shall secure a residential kennel license. The Town Clerk or Animal
Control Officer shall not issue a residential kennel license unless
the owner or keeper provides the Town Clerk or Animal Control Officer
with a veterinarian's certificate verifying that each dog three months
of age or older is currently vaccinated against rabies.
Any owner or keeper of 10 or more dogs, three
months of age or older, or of a premises maintained for the boarding
or breeding or day care or in-residence training of dogs, shall obtain
a commercial kennel license.
Issuance of a residential or commercial kennel
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 exist on the premises.
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 while kept at such kennel during any portion of the period
for which such kennel license is issued. The holder of a license for
a kennel shall cause each dog 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 "SOUTHWICK."
The fee for each license for a kennel shall
be $50 for a residential kennel license and $150 for a commercial
kennel license.
The name and address of the owner of each dog
kept in any kennel, if other than the person maintaining the kennel,
and a veterinarian's certificate verifying that each dog three 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.
The Town Clerk or Animal Control Officer 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 for 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 for other than medical purposes, in which case it shall apply
for a kennel license.
The license period for a kennel license shall
be from April 1st to March 31st, inclusive.
For purposes of these bylaws, any business which is currently and legally operating prior to the adoption of these bylaws which would be considered a residential kennel or commercial kennel as defined herein shall not be considered an illegal use or in violation of the Town Zoning Code § 185-11 which requires a commercial kennel to be located within the Agriculture and Conservation District AC Zone. Notwithstanding the foregoing, any business which is legally and currently operating which would be considered a residential kennel or commercial kennel as defined herein shall be required to adhere to all the provisions pertinent to the operation of a residential or commercial kennel as set forth in these bylaws.
Any person who violates the provisions of § 69-7, shall receive a written warning for the first offense, and for each subsequent offense shall be liable for payment of a fine of $50 for each day in violation of this section, which shall be paid to the Town of Southwick General Fund.
The Animal Control Officer or any agent authorized
by the Town of Southwick 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.
If, in the judgment of the Animal Control Officer
or any agent authorized by the Town of Southwick, after inspection,
determines in their judgment, the kennel is not being maintained in
a sanitary and humane manner, or if records are not properly kept
as required by law, the Selectmen may, by order, revoke or suspend,
and in case of suspension may reinstate, such license.
Upon written complaint from the Animal Control
Officer or a Southwick resident, filed with the Selectmen, setting
forth that they are aggrieved, annoyed to an unreasonable extent,
by one or more dogs at the kennel, because of the excessive barking
or vicious disposition of said dogs or other conditions connected
with such kennel constituting a public nuisance, the Selectmen, within
seven days after the filing of such petition, shall give notice to
all parties in interest of a public hearing to be held within 14 days
after the date of such notice.
Within seven days after such public hearing
said Board of Selectmen shall make an order either revoking or suspending
such kennel license or otherwise regulating said kennel, or dismissing
said petition.
The holder of such license aggrieved by any
decision rendered by the Board of Selectmen may appeal such decision
in accordance with M.G.L. c. 140, § 137C.
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 of Southwick
General Fund, for each day in violation of said revocation or suspension.
No person owning or keeping or otherwise responsible
for a dog shall allow or permit said dog 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,
and such noise is continuous in excess of 15 minutes. The fact that
such noise is plainly audible at said distance and continuous in excess
of 15 minutes shall be prima facie evidence of a violation.
Any person who violates this provision shall
receive a written warning for the first offense, and shall be liable
for payment of 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 of Southwick General
Fund.
[Amended ATM 5-21-2013 by Art. 22]
Any veterinarian registered under the provisions
of § 55 or 56A of Chapter 112 of the Massachusetts General
Laws who renders emergency care or treatment to or disposes of a dog
or cat that is injured on any way within the Town of Southwick, 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 of Southwick,
in an amount not to exceed $250 for such care, treatment or disposal;
provided, however, 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.
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.
A.Â
Any person owning, keeping or being responsible for
a dog shall not allow nor permit said dog to run at large on any of
the streets or public places in the Town of Southwick or upon any
private property, unless the owner or lawful occupant of such property
grants permission therefor.
B.Â
No dog shall be allowed or permitted in any public
place or street within the Town of Southwick unless it is effectively
restrained and controlled by a chain or other form of leash that is
sufficient to hold the dog, or unless it is under the immediate and
effective voice control of a handler, or unless it is within and confined
to a motor vehicle.
C.Â
In any prosecution hereunder the presence of such
dog at large upon premises other than the premises of the owner or
keeper of such dog shall be prima facie evidence that such knowledge
and permission was not had.
It shall be the duty of the Animal Control Officer,
and any assistant Animal Control Officer appointed by the Board of
Selectmen, to apprehend any dog/cat found running at large and to
impound such dog/cat in the Southwick animal shelter or other boarding
facility.
The Animal Control Officer or impounding officer
shall keep a register and make a complete record of each impounding.
The record shall contain the following information: breed, color,
sex, of each dog or cat, whether or not the dog is licensed, the license
number, if any; the name and address of owner, if known; the date
and place of apprehension and the location where the dog or cat is
being kept.
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.
Notice shall contain a description of the dog
or cat, date and place of apprehension and location where the dog
or cat is being kept.
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.
[Added ATM 5-17-2016 by Art. 22]
A.Â
It shall be the duty of the Animal Control Officer, and any assistant
Animal Control Officer appointed by the Select Board, to apprehend
any livestock/farm animal found running at large and to inform the
owner of said livestock to recapture and contain said animals.
B.Â
The Animal Control Officer shall keep a register and make a complete
record of each incidence. The record shall contain the following information:
breed, color sex if known of each livestock/farm animal, number of
each that is lose, the name and address of owner, if known; the date
and place of each incident and the location where the livestock is
being kept. The owner of any loose livestock when known shall be notified
verbally or in writing of such incident or if the owner is unknown,
written notice shall be posted with the Police Department.
[Amended ATM 5-21-2013 by Art. 22]
A.Â
An owner or keeper of a dog or cat reclaiming an impounded
dog or cat shall pay into the Town General Fund an administrative
fee of $30 plus $15 for each day the animal has been impounded. These
charges are in addition to any fines levied under these bylaws.
B.Â
Any dog or cat whose owner or keeper fails to claim
said dog or cat within 10 days from the day of impounding shall be
subject to the provisions set forth in M.G.L. c. 140, § 151A.
No person owning or having the care, custody
or control of any dog or cat shall permit such dog or cat to soil
or defile or commit any nuisance upon any sidewalk, street, thoroughfare,
wetland, in or upon any 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 same in a sanitary manner.
Any person found in violation of § 69-14 by the Animal Control Officer or Assistant Animal Control Officer shall be liable for payment of a fine of $25 for each offense, which shall be paid to the Town of Southwick General Fund.
[Amended ATM 5-21-2013 by Art. 22]
Any person owning, keeping or otherwise responsible
for a companion animal or pet who confines that animal to his property
by tethering, fencing, or other means shall provide for that animal
access to adequate shelter from the elements of weather such as rain,
cold or sun. Water and food must be available to the animal. In addition
any person owning, keeping, in control of or otherwise responsible
for a companion animal, pet, farm animal or any other dog or cat who,
in the opinion of the animal control officer, is treating the aforementioned
animal 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) the animal control officer or police officer
shall issue the a notice and fine in accordance with this section
for any person who violates the provisions contained herein.
Any person who violates the provisions of § 69-15 shall receive a written warning 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 of Southwick General Fund, for each day in violation of said bylaw.
A.Â
Procedure for determining a potentially dangerous
or dangerous dog: 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 or the Board of Selectmen
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 M.G.L. c. 140, § 157.
B.Â
When a dog is determined to be potentially dangerous
or dangerous, the Board of Selectmen may order any or all of the following:
(1)Â
Spaying or neutering;
(2)Â
Microchip identification, tattooing or other means
of permanent identification;
(3)Â
Behavior training and behavioral assessment; and
(4)Â
Any other order concerning the keeping, restraint,
humane euthanasia, or disposal; of such dog as may be deemed necessary,
in accordance with M.G.L. c. 140, § 157.
[Amended ATM 5-21-2013 by Art. 22]
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Such orders may include:
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(i)
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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 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 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
the dog from 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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(ii)
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Requirements outside of the home for dogs that
have been determined to be potentially dangerous or dangerous: While
off 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 physical 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 outside of the home
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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(iii)
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That when removed from the premises of the owner or the premises
of the person keeping the dog, the dog shall be securely and humanely
muzzled and restrained with a chain or other tethering device having
a minimum tensile strength of 300 pounds and not exceeding three feet
in length.
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C.Â
Exemptions:
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.
The provisions of this article shall not apply
to dogs owned by law enforcement agencies or law enforcement officers
in the performance of police work.
D.Â
Penalties:
Any person owning or harboring such dog that
has been deemed potentially dangerous or dangerous who fails to comply
with an order of the Board of Selectmen, or its agents, in accordance
with this section, shall be punishable by a fine of $150 for the first
offense and $300 for a subsequent offense, or by imprisonment for
not more than 30 days for the first offense and not more than 60 days
for a second or subsequent offense, or both.
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 Board of Selectmen said dog may be subject to further restriction,
including an order of removal from the Town of Southwick or humane
euthanasia, in accordance with the laws of the Commonwealth of Massachusetts.
Each day there exists a violation of any of
the provisions of this bylaw shall constitute and be punishable as
a separate offense.
A dog that has been determined to be potentially
dangerous or dangerous shall not be considered legally licensed, pursuant
to M.G.L. c 140 § 137 and § 147, unless the owner
or keeper is in full compliance with this bylaw.
[Added ATM 5-21-2013 by Art. 22]
A.Â
No person owning or keeping a dog shall chain or tether a dog to
a stationary object including, but not limited to, a structure, dog
house, pole or tree for longer than 24 consecutive hours. A tethering
employed shall not allow the dog to leave the owner's, guardian's
or keeper's property. The tether shall be designed for dogs and
no logging chains or other lines or devices not designed for tethering
dogs shall be used. No chain or tether shall weigh more than 1/8 of
the dog's body weight. Nothing in this section shall be construed
to prohibit a person from walking a dog on a hand-held leash. No dog
under the age of six months shall be tethered outside for any length
of time.
B.Â
A person owning or keeping a dog may confine such dog outside, subject
to the restrictions in this section, through the use of any of the
following methods:
(1)Â
Inside a pen or secure enclosure, if the following conditions
are met:
(i)Â
The pen or secure enclosure shall have adequate space for exercise
with a dimension of at least 100 square feet; provided, however, that
commercial dog kennels with pens intended for the temporary boarding
of dogs shall be exempt from this requirement;
(ii)Â
The pen or secure enclosure is constructed with chain link or
other similar material as determined by the Building Inspector, with
all four sides enclosed; and
(iii)Â
The minimum height of the fence shall be adequate
to successfully confine the dog;
(2)Â
A fully fenced, electronically fenced or otherwise securely
enclosed yard, wherein a dog has the ability to run but is unable
to leave the enclosed yard; or
(3)Â
A trolley system or a tether attached to a pulley in a cable
run, if the following conditions are met:
(i)Â
Only one dog shall be tethered to each cable run;
(ii)Â
The tether shall be attached to a properly fitting collar or
harness worn by the dog, with enough room between the collar and the
dog's throat through which two adult fingers may fit; provided,
however, that a choke collar and a pinch collar shall not be used
to tether a dog to a cable run;
(iii)Â
There shall be a swivel on at least one end of
the tether to minimize tangling of the tether;
(iv)Â
The tether and cable run must each be at least 10 feet in length.
The cable must be mounted at least four feet but not more than seven
feet above ground level; and
(v)Â
The length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described in Subsection C; provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner's, guardian's or keeper's property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals.
C.Â
A person owning or keeping a dog confined outside in accordance with Subsection B shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least three sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the dog's entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog's body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.
D.Â
No person owning or keeping a dog shall leave a dog chained or tethered
outside for longer than 24 consecutive hours.
E.Â
Exceptions to the above restrictions on outdoor confinement shall
be made for dogs actively engaged in conduct directly related to the
business of shepherding or herding cattle or other livestock or engaged
in conduct that is directly related to the business of cultivating
agricultural products, if the restraint is reasonably necessary for
the safety of the dog.
F.Â
No person owning or keeping a dog shall subject the dog to cruel
conditions or inhumane chaining or the tethering at any time. For
the purposes of this subsection, "cruel conditions and inhumane chaining
or tethering" shall include, but not be limited to, the following
conditions:
(1)Â
Filthy and dirty confinement conditions including, but not limited
to, exposure to excessive animal waste, garbage, dirty water, noxious
odors, dangerous objects that could injure or kill a dog upon contact
or other circumstances that could cause harm to a dog's physical
or emotional health;
(2)Â
Taunting, prodding, hitting, harassing, threatening or otherwise
harming a tethered or confined dog; and
(3)Â
Subjecting a dog to dangerous conditions, including attacks
by other animals.
G.Â
A person who violates this section shall, for a first offense, be
issued a written warning or punished by a fine of not more than $50,
for a second offense, be punished by a fine of not more than $100
and for a third or subsequent offense, be punished by a fine of not
more than $300, and be subject to impoundment of the dog in a local
shelter at the owner's or guardian's expense pending compliance
with this section, or loss of ownership of the dog.
The operator of a motor vehicle that strikes
and injures or kills a dog or cat on the byways of the Town of Southwick
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 of Southwick General Fund.
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.
[Adopted STM 3-14-2002 by Art. 13; amended in its entirety
STM 4-6-2005 by Art. 10]
As used in this article, the following terms
shall have the meanings as indicated:
The placing, exposing, depositing, distributing or scattering,
directly or indirectly, of shelled, shucked or unshucked corn, wheat
or other grain, bread, salt or any other feed or nutritive substances,
in any manner or form, so as to constitute for such birds a lure,
attraction or enticement to, on or over any such areas where such
feed items have been placed, exposed, deposited, distributed or scattered.
A.Â
No person, except the Director of the Division of
Fisheries and Wildlife or his agents as authorized pursuant to Chapter
131 of the Massachusetts General Laws, shall feed or bait, or attempt
to feed or bait, any waterfowl of the family Anatidae (including,
but not restricted to, ducks, geese and swans) or any gulls, at any
place or location within the Town of Southwick.
B.Â
Nothing in this article shall be construed to limit the feeding of domesticated waterfowl, as defined by the Division of Fisheries and Wildlife, by a farmer as defined in Section IA of Chapter 128 of the Massachusetts General Laws on property owned or leased by him or the feeding of any waterfowl or other birds by propagators licensed under Section 23 of Chapter 131 of the Massachusetts General Laws when such waterfowl or other birds are confined in such a manner as may be required pursuant to said Section 23 and any rules and regulations issued under authority thereof.
C.Â
Notwithstanding any of the above, the Director of
the Division of Fisheries and Wildlife may authorize the emergency
feeding of waterfowl and other birds when, in his opinion, such action
is necessary in order to alleviate undue losses and suffering of such
birds due to unusual weather conditions and other circumstances. The
Director may authorize such action by proclamation, publication or
such other means as he deems necessary and expedient, but such means
shall include the immediate notification of the Board of Selectmen
thereof by first class mail.
A.Â
This article may be enforced by any Town police officers
or agents of the Town's Board of Health, the Town's Harbormaster,
and by state environmental police officers.
B.Â
Whoever violates any provision of these regulations may be penalized by a noncriminal disposition process as provided in M.G.L. c. 40, § 21D and as set forth under § 1-6 of the Southwick Code. If noncriminal disposition is elected, then any person who violates any provision of this article shall be subject to a penalty in the amount of $50 for each offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
C.Â
Whoever violates any provision of this article may
be penalized by indictment or on complaint brought in the District
Court. Except as may be otherwise provided by law and as the district
court may see fit to impose, the maximum penalty for each violation
or offense shall be $300. Each day or portion thereof shall constitute
a separate offense. If more than one, each condition violated shall
constitute a separate offense.
If any section or part of this article shall
be held invalid for any reason, the remainder of this article shall
continue in full force and effect.
