[HISTORY: Adopted as indicated in article
histories. Amendments noted where applicable.]
[Adopted 2-28-1949 ATM, Art. 34]
All poultry kept within the limits of the Fire
District of the Town of Williamstown must be confined within an adequate
enclosure.
[Adopted 5-9-2000 ATM, Art. 20[1]]
[1]
Editor's Note: This bylaw repealed former
Art. II, Dogs at Large, adopted 9-25-1972 STM, Art. 6.
As used in this bylaw, unless the context otherwise
indicates:
Any officer appointed by the Town Manager to enforce the
laws relating to animals.
All animals of any species, both male and female, including
but not limited to dogs and cats.
A kennel maintained as a business for or to include the boarding
of dogs.
The time between April 1 and March 31, both dates inclusive.
Animals or fowl kept or propagated by the owner, kept in
proper houses or suitably enclosed yards. Such phrase shall not include
dogs, cats or other pets.
Several dogs over the age of six months of age in a single
private residence.
Any person or persons, firm, association or corporation owning,
keeping, or who has in their possession, for 11 consecutive days in
any calendar year, a dog or any other animal, licensed or unlicensed;
and cannot show to the satisfaction of the Animal Control Officer
that such animal was sold, had died, or given away or otherwise disposed
of. Further, if the owner or keeper of a dog or other animal be a
minor, the parent or guardian of such minor shall be held liable for
any violation of this bylaw.
Free of restraint or voice control and permitted to wander
on private or public ways at will without permission of property owner.
Full response to command by voice and within 15 feet of owner
or person in charge while dog is free of restraint, and to the satisfaction
of the Animal Control Officer if dog is under question.
A.
Any owner or keeper of a dog six months of age or
older in the Town of Williamstown shall cause that dog to be licensed
as required by MGL c. 140, §§ 137 and 139, commencing
on April 1 of each year.
B.
Any owner or keeper of several dogs may acquire a
multiple pet license.
C.
Commercial kennels must be fully licensed pursuant
to the provisions of MGL c. 140, § 137A, and subject to
the Town of Williamstown Zoning Bylaws.
D.
Any owner or keeper who renews their respective dog
license(s) after June 15th will be charged a ten-dollar late fee charge.
E.
Each multiple pet household and commercial kennel
shall be available to inspection, with just cause, by the Animal Control
Officer, a Natural Resources Officer, Fish and Game Warden, Police
Officer, Building Inspector or the Board of Health.
F.
All dogs and cats six months of age or older must
be currently vaccinated against rabies as per MGL c. 140, § 145B.
G.
The annual fee for every animal license, multiple
pet license and commercial kennel license shall be established by
the Select Board. No fee shall be charged for a license for a dog
specifically trained as a service dog provided owner provides certificate
that such dog is trained and actually in the service of a disabled
person.
[Amended 5-17-2022 ATM, Art. 32]
H.
The registering, numbering, describing and licensing
of animals shall be performed in the office of the Town Clerk on a
form prescribed and supplied by the town and shall be subject to the
condition expressed herein that the dog so licensed shall be controlled
and restrained from killing, chasing or harassing livestock or fowls.
I.
No license shall be refunded, in whole or in part,
for any reason.
J.
The owner or keeper of a licensed animal shall cause
it to wear around its neck or body a collar or harness to which shall
be securely attached a tag issued by the Town Clerk at the time of
licensing.
A.
Dog owners, keepers and persons otherwise in charge
are required to restrain their dogs physically by leash or by voice
control when they are not on the owner's property.
B.
This section shall not apply to property owned and/or
controlled by the Commonwealth of Massachusetts where a separate set
of rules and regulations apply.
A.
Any owner, keeper or person in charge of a dog may
be ordered to muzzle said dog by a duly appointed Animal Control Officer
and, in their absence, by a police officer for either of the following
reasons:
B.
This order shall remain in effect until removed by
the officer after having been satisfied that the dog is unlikely to
repeat its offense. Such decision by the officer to remove the said
order shall not be unreasonably withheld.
A.
It shall be the duty of each person who owns, possesses
or controls a dog to remove and dispose of any feces left by such
person's dog on any sidewalk, street or any other area to which the
public has access.
B.
It shall be the duty of each person who owns, possesses
or controls a dog to remove and dispose of any feces left by such
person's dog or any other animal on private property abutting a public
way while such person's dogs or animal is under restraint, control
or command.
C.
The provisions of this bylaw shall not apply to a
guide animal, hearing animal or service animal while actually engaged
in the performance of its trained duties with a disabled person.
A.
Animal Control Officers or, in their absence, police
officers may cause a dog to be impounded for any of the following
causes:
(1)
If found without a license when a license is required;
(3)
For violation of a muzzling order as provided for in § 10-5 of this article or as provided under MGL c. 140, § 167, as amended;
(4)
For having bitten, injured or physically molested
any person;
(5)
For having physically injured any domestic animal;
(6)
To restore peace when the owner or keeper of a dog
is otherwise unavailable, unwilling, or physically unable to restrain
their dog from causing a nuisance by continuous barking or howling;
or
(7)
To ensure the safety and well-being of the particular
dog.
B.
No later than two days after the impounding of any
dog, the owner or keeper shall be notified, or if the owner or keeper
of the dog is unknown, or, after reasonable efforts, is not contacted,
written notice shall then be posted for 10 consecutive days in the
location for posting notices in the Town Hall and on the town's web
page, which notice shall describe the dog and the place and time of
taking. Dogs impounded and unclaimed by the owner or keeper after
such ten day period shall be disposed of in accordance with the provisions
of MGL c. 140, § 151A. Prior to the end of said ten=day
period, the owner or keeper may obtain the release of any dog impounded
hereunder as follows:
(1)
In the case of a violation of § 10-7A(1) of this bylaw, upon obtaining a license as required by law and after paying all pound fees, fines, and notifications costs, if any; or
(2)
A person who owns or keeps a dog, and who has received
such notice that the dog has been impounded and is eligible for immediate
release, and does not within 10 days claim said dog at the pound,
shall be punished by a fine of not more than $50 to cover the board
and disposal of such dog. The owner or keeper shall be described as
a person who has in their possession, for 11 consecutive days in any
calendar year, a dog licensed or unlicensed, and cannot show to the
satisfaction of the animal control officer that such dog was sold,
had died, was given away or otherwise disposed of.
(3)
All dog owners shall be liable for a ten-dollar per
day pound fee for any dog brought to the pound by the Animal Control
Officer.
A.
Any person or persons found guilty of a violation
of any provisions of Sections 77, SOA 94 or 95 of MGL c. 272 will
forfeit the right to own or keep any animal within the Town of Williamstown
and must immediately, upon conviction, surrender all animals in their
possession to the Animal Control Officer.
A.
Whoever violates any provision of this article shall
be penalized by noncriminal disposition as provided in MGL c. 40D,
§ 21D.
A.
The Select Board or its agents may, after written
notice to the owner or keeper, enter upon the premises of the owner
or keeper of any dog known to them to have killed livestock or fowls,
and then and there kill such dog, unless such owner or keeper whose
premises are thus entered for the said purposes shall give a bond
in the sum of $200, with sufficient sureties approved by the Select
Board, conditioned that the dog is continually restrained. If the
owner or keeper of the dog declares their intention to give such a
bond, said Select Board or its agents shall allow the owner or keeper
seven days, exclusive of Sundays and holidays, in which to procure
and prepare the same and to present it to them.
[Amended 5-17-2022 ATM, Art. 32]
B.
For the law of the commonwealth as to dogs generally,
see MGL, c. 140, §§ 136A to 174A. As to cruelty to
animals, see MGL, c. 272, § 77 et seq. As to licensing of
stables, see MGL, c. 111, § 155 to 158. As to disposition
of old and infirm animals, see MGL, 133. As to keeping certain animals
in tenement houses, etc., see MGL, c. 144, § 73.