[Adopted 5-5-1992 ATM by Art. 79, approved
8-3-1992]
The following terms, unless a contrary meaning
is required by the context or is specifically prescribed, shall have
the following meanings:
Any dog, cat or other animal kept as a pet.
[Amended 4-5-2014 ATM
by Art. 76, approved 5-7-2014]
A.Â
The Town and County of Nantucket, Massachusetts.
If any dog, cat or other animal kept as a pet
shall defecate upon any land, public or private, within the areas
encompassed by regulation, other than with the permission of the landowner
thereof, then the owner, keeper or person then walking or otherwise
in charge of said animal shall immediately remove or cause to be removed
from said property or area all feces so deposited by said animal.
Unless said feces are removed, the owner, keeper or person walking
or otherwise in charge of said animal (or if said owner, keeper or
person shall be a minor then the parent or guardian) shall each be
deemed to have committed a punishable offense.
This regulation shall not apply to an animal accompanying any handicapped person who, by reason of his or her handicap, is physically unable to comply with the requirements of this § 127-10.
[Amended 4-14-1997 ATM by Art. 69, approved
8-5-1997]
Section 127-10 of this article may be enforced by any police officer, lifeguard, Harbormaster, Health Inspector or Animal Control Officer of the Town. Any officer authorized to enforce the provisions of § 127-10 of this article may utilize the noncriminal disposition as provided in MGL c. 40, § 21D, for which the noncriminal fine shall be $25 for the first offense, $50 for the second offense and $75 for each offense thereafter, or said officer may file an application for a criminal complaint with the Trial Court of the Commonwealth, District Court, Nantucket Division, to enforce the provisions of § 127-10 of this article.
The provisions of this article are severable;
and if any of the provisions of this article shall be held unconstitutional
or otherwise invalid by any court of competent jurisdiction, the decision
of such court shall not affect or impair any of the remaining provisions.
