[HISTORY: Adopted by the Town of Lancaster 10-28-2013 STM by Art. 10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 10, Animals,
adopted 5-5-2003 ATM by Art. 21, as amended.
As used in this bylaw the following terms mean:
Any animal which:
For the purpose of this bylaw, animal shall mean any type
of animal.
An officer appointed by the Select Board and authorized to enforce Sections 136A to 174E, inclusive, of Chapter 140 of the General Laws and this bylaw.
[Amended 6-21-2021 ATM by Art. 7]
Facility designated or recognized by the Town of Lancaster
for the purpose of impounding and caring for animals.
Any animal shall be deemed to be at large when off the property
of the owner and not under restraint.
A dangerous dog shall be as defined by MGL c. 140, § 136A.
For purposes of this bylaw and Massachusetts General Laws, Chapter 140, Section 157, the Animal Control Commission shall be the hearing authority.
Care of an animal to include, but not be limited to, adequate
heat, ventilation and sanitary shelter, wholesome food and water,
consistent with the normal requirements and feeding habits of the
animal's size, species, and breed.
A kennel shall be as defined by MGL c. 140, § 136A.
An annual license permitting a kennel to operate within the Town which shall be issued to a kennel which has demonstrated compliance with the requirements of Chapter 140 of the General Laws and this bylaw.
The Town Clerk of the Town of Lancaster or any designated
representative thereof charged with administering the issuance and/or
revocation of permits and licenses under the provisions of this bylaw.
Rendered permanently incapable of reproduction.
A nuisance dog shall be as defined by MGL c. 140, § 136A.
A person (or in the event of a minor, the legal guardian)
having the right of property or custody of an animal or who keeps
or harbors an animal or knowingly permits an animal to remain on or
about any premises occupied by that person.
Any individual, corporation, partnership, organization, or
institution commonly recognized by law as a unit.
Public areas shall include, but not be limited to Town beach,
Town green, commons, parks, playing fields, school property, greenways,
Town buildings and grounds, cemeteries, public ways and walks.
An animal shall be considered under restraint if it is within
the real property limits of its owner or keeper or on the premises
of another person with the knowledge and express permission of such
person, or secured by a leash, lead, or under the direct control of
the owner.
A.
Except as provided in § 10-3, no person shall own, keep, or harbor any dog six months of age or over within the Town of Lancaster unless such dog is vaccinated, or exempt from said vaccination requirement pursuant to MGL c. 140, § 145B, and licensed. Dogs between six and 12 months of age at the time of the initial vaccination must be revaccinated 12 months after the initial vaccination and every three years thereafter. The provisions of this section do not apply to animals owned by a licensed research facility or held in a veterinary medical facility or government operated or licensed animal shelter.
B.
All dogs, cats and ferrets shall be vaccinated against
rabies by a licensed veterinarian, unless exempt from said vaccination
requirement pursuant to MGL c. 140, § 145B in accordance
with the latest "Compendium of Animal Rabies Vaccines and Recommendations
for Immunization" published by the National Association of State Public
Health Veterinarians, as well as Massachusetts state law.
C.
A certificate of vaccination shall be issued to the
owner of each animal vaccinated on a form recommended by the Compendium.
Each owner shall also obtain a durable vaccination tag indicating
the year in which it was issued.
D.
Application for a license must be made within 30 days after obtaining a dog over six months of age, except that this requirement will not apply to a nonresident keeping a dog within the Town of Lancaster for no longer than 60 days. The licensing period is the calendar year. Application for a dog license shall be made to the Town Clerk and shall include the name and address of the owner and the name, breed, color, age, and sex of the dog. Applicants also shall pay the licensing fee prescribed below in § 10-13 and provide proof of current rabies vaccination.
E.
The licensing period shall be for one calendar year.
License renewal may be applied for within 60 days prior to the expiration
date and must be completed by March 31 or within 30 days of establishing
residence.
F.
A license shall be issued after payment of a fee. Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a fine as set forth in Subsection G below.
G.
Whoever violates Sections 137, 137A, 137B, or 138 of Chapter 140 of the General Laws and/or the provisions of this section shall be assessed an initial penalty of $50 pursuant to MGL c. 140, § 141 and shall be assessed an additional penalty of $10 per month thereafter if such violation continues.
H.
License fees shall be waived for service animals as
defined by the Americans with Disabilities Act[1] or regulations promulgated thereunder, for government-owned
dogs used for law enforcement, or for a dog owned by a person aged
70 years or over. All other licensing provisions shall apply.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
I.
Upon acceptance of the license application and fee, the Town Clerk
shall issue a durable license tag including an identifying number,
year of issuance, town, and state. Both rabies and license tags must
be attached to the collar of the dog. Tags must be worn at all times
and are not transferable. The Town Clerk shall maintain a record of
all licenses issued, and such records shall be available to the Animal
Control Officer.
No person shall operate a kennel within the
Town without first obtaining a kennel license from the Animal Control
Commission in accordance with the provisions of this bylaw and all
applicable state and local laws. The following requirements shall
at all times apply to a kennel:
A.
The location and operation of the kennel shall be
appropriate for housing the number of animals allowable under this
bylaw and will not be detrimental to the health and safety of the
animals or persons;
B.
The kennel shall be operated in a safe, sanitary and
humane manner;
C.
The kennel shall not keep more than 25 animals on
the premises at any time (animals which are on the premises for grooming
but not for overnight boarding, for medical or surgical treatment
or observation, or for boarding for recovery from medical or surgical
treatment or observation shall not be counted in this number);
D.
The kennel shall not contract with security dog firms
or other businesses to board on the premises protection or security
dogs or protection or security dogs in training, other than a security
dog kept on the premises for the kennel’s own security purposes;
E.
Under the provisions of this bylaw, no permit fee
shall be required of any animal shelter holding federal nonprofit
status. All other provisions shall apply. Any change in the category
under which a permit is issued shall be reported to the Town Clerk
within 60 days, whereupon reclassification and appropriate adjustment
of the permit fee shall be made.
F.
The kennel shall at all times keep and maintain on
its premises accurate records of the identities of all animals kept
on the premises and the number of animals on the premises on each
day.
A.
Application. The Town Clerk shall provide a kennel
license application, in a form prescribed by the Town Clerk, which
shall be completed by any person seeking a kennel license or renewal
thereof. The application shall include a statement that the applicant
acknowledges receipt of a copy of this bylaw and agrees to comply
with all applicable provisions.
B.
License renewal application. Any application for a
renewal of a kennel license must be submitted to the Town Clerk not
later than November 1 of each year.
C.
Inspection and report. Upon receipt of a completed
application, the Town Clerk shall so notify the Animal Control Officer
who shall forthwith conduct an inspection of the applicant’s
kennel. Upon receipt of the kennel inspector’s report, the Town
Clerk shall submit the completed application and such report to the
Animal Control Commission for its consideration and review.
D.
Review by Animal Control Commission. Upon its review
of the kennel application and inspection report, the Animal Control
Commission shall determine whether the kennel is in compliance with
the requirements of this bylaw, and if so, shall authorize the Town
Clerk to issue a kennel license to the applicant; or, if the kennel
is found to not be in compliance with the requirements of this bylaw,
the Commission shall deny the application and state the reasons therefor.
E.
Inspections. Kennels shall be subject to periodic
inspections by the Animal Control Officer and/or at the request of
the Animal Control Commission. If, in the judgment of the Commission,
the kennel is not in compliance with all applicable requirements of
this bylaw, the Commission may by order revoke or suspend the kennel
license.
F.
Reinspection. In the event a kennel license application
or renewal application is denied, the applicant may request a reinspection
to demonstrate to the Animal Control Officer that it has brought the
kennel into compliance with the requirements of this bylaw. The Animal
Control Officer shall then, as soon as is practicable, reinspect the
kennel and report his/her findings to the Animal Control Commission
which shall, within a reasonable time, review the application. The
applicant will be assessed a reinspection fee.
G.
Kennel license review hearings. In accordance with
MGL c.140, § 137C, any group of 25 citizens of the Town
may file a complaint with the Animal Control Commission setting forth
that they are aggrieved, or annoyed to an unreasonable extent, by
one or more animals at a kennel maintained in the Town, because one
or more animals is a nuisance or dangerous animal as defined in MGL
c.140, § 136A, or because of other conditions connected
with such kennel constituting a public nuisance. Within seven days
after the filing of a resident’s complaint, the Animal Control
Commission 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 business days after the public hearing, the Animal Control Commission
shall make an order either dismissing the petition, revoking or suspending
the kennel license, or otherwise regulating the kennel.
H.
Inspection and review after suspension. In the event
a kennel license is suspended, upon the expiration of such suspension
period and after the license holder has reasonably demonstrated to
the Animal Control Officer that it has brought the kennel into compliance
with the requirements of this bylaw or otherwise acted in accordance
with an order of the Animal Control Commission, the Animal Control
Officer shall then, as soon as is practicable, reinspect the kennel
and report his/her findings to the Animal Control Commission which
shall, within a reasonable time, review the application. The applicant
will be assessed a reinspection fee.
I.
Appeal to district court. Pursuant to the provisions
of MGL c. 140, § 137C, the kennel license holder may, within
10 days after the entry of such order, bring a petition in the local
district court praying that such any order issued above be reviewed
by the court.
J.
Fees. Fees for kennel license applications and annual renewal applications are as set forth in § 10-13 below.
K.
Severability. The invalidity of any part or parts
of this bylaw shall not affect the validity of the remaining parts.
A.
It shall be the duty of every owner of an animal,
or anyone having an animal in their possession or custody, to exercise
reasonable care and to take all necessary steps and precautions to
prevent any animal from being a nuisance and to protect people, property,
and animals from injuries or damage which might result from their
animal’s behavior, regardless of whether such behavior is motivated
by mischievousness, playfulness, or ferocity. In the event that the
owner or keeper of any animal is a minor, the parent or guardian of
such minor shall be responsible to ensure that all provisions of this
bylaw are complied with.
B.
While on owner’s property. It shall be the duty
of every owner of any animal, or anyone having any animal in his possession
or custody, to ensure that the animal is kept under restraint and
that reasonable care and precautions are taken to prevent the animal
from leaving, while unattended, the real property limits of its owner,
possessor, or custodian, or the real property limits of another person
with the knowledge and express permission of the owner of such property.
Suggested methods to restrain an animal include the following: it
is securely and humanely enclosed within a house, building, fence,
pen, or other enclosure out of which it cannot climb, dig, jump, or
otherwise escape on its own volition, and such enclosure be securely
locked at any time the animal is left unattended; it is securely and
humanely restrained by chain, cable and trolley or other tether of
sufficient strength to prevent escape in accordance with MGL c.140,
§ 174E; or it is on a leash and under control of a competent
person, or is off leash and is obedient to that person’s commands
and that person is present with the animal any time it is not on a
leash.
C.
While off owner’s property or at large. It shall
be the duty of every owner of any animal or anyone having an animal
in their possession to keep the animal under restraint and control
at all times while the animal is off the real property limits of the
owners, possessors or custodian. For the purpose of this section,
an animal is deemed under control when it is securely confined within
a vehicle, parked or in motion; it is properly confined within a secure
enclosure with permission of the owner of the property where the enclosure
is located; it is securely restrained by a leash or other device held
by a competent person. The animal owner, possessor, or custodian is
required to immediately remove any solid waste left by their animal(s)
on public or private property beyond their real property limits.
D.
Abandonment or abuse of animals. It shall be a violation
of this bylaw for anyone to knowingly abandon or abuse any domesticated
animal. Each person who does abandon or abuse knowingly, or willingly
permits this abandonment or abuse or aids in the abandonment or abuse
of any domesticated animal shall be reported to the proper authority.
A.
Any animal found in violation of § 10-5 shall be impounded by the Animal Control Officer in an animal shelter and confined in a humane manner. Immediately upon impounding an animal, the Animal Control Officer shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Animals not claimed by their owners within a period of seven days shall be disposed of in accordance with Chapter 140 of the General Laws.
B.
When an animal is found in violation of § 10-5 and the Animal Control Officer verifies its ownership, the appropriate Officer may exercise the option of serving the owner with a notice of violation in lieu of impounding the animal.
C.
In the event that the Animal Control Officer finds
dogs or cats to be suffering, he/she shall have the right forthwith
to remove or cause to have removed any such animals to a safe place
for care at the owner’s expense or to euthanize them when deemed
necessary by a licensed veterinarian, to prevent further suffering.
Return to the owner may be withheld until the owner shall have made
full payment for all expenses so incurred.
D.
Disposal of an animal by any method specified herein
does not relieve the owner of liability for violations and any accrued
charges.
A.
Any animal impounded may be redeemed by the owner
thereof within seven days upon payment of an impoundment fee. Payment
of impoundment fees is not considered to be in lieu of any fine, penalty
or license fees.
B.
Any animal confined for rabies quarantine involving
a bite to a human may be redeemed by the owner upon release by the
Animal Control Officer. Any animal confined for rabies quarantine
(for reason other than a human bite), evidence, or other purpose may
be redeemed by the owner upon release by the Animal Control Officer.
C.
No animal required to be licensed or vaccinated under
this bylaw may be redeemed until provisions for such licensing have
been fulfilled.
A.
An Animal Control Commission ("Commission") is hereby
established.
B.
This Commission shall be charged with evaluating animal
control problems by collecting necessary data, hearing expert opinion,
holding public hearings, and other activities in order to make recommendations
to resolve such problems. The Commission will provide support in the
recruitment, hiring, and training of the Animal Control Officer. The
Commission may also promulgate appropriate rules and regulations for
the care and control of animals and facilities covered by the bylaw,
and prepare budgets for animal control activities. The Commission
shall also review, approve or deny kennel license applications.
C.
If matters brought before the Commission are not satisfactorily
resolved, the Commission may recommend the issue be brought to the
Select Board for further review and action.
D.
The Commission shall consist of not less than five
nor more than seven members who shall be appointed by the Select Board.
Membership should include a cross section of the community and include
individuals with professional knowledge pertinent to the member’s
responsibilities, (i.e., an attorney, veterinarian, police officer,
humane society representative, etc.).
E.
When the Commission is first established, the terms
of the members shall be for such length, not exceeding three years,
and so arranged that the terms of approximately 1/3 of the members
will expire each year, and their successors shall be appointed for
terms of three years each.
F.
Any member of the Commission may be removed for cause
after a public hearing.
G.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term in the same manner as
an original appointment.
If any section, sentence, clause or phrase of
this bylaw is, for any reason, held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of these sections.
The Town of Lancaster hereby finds, determines
and declares that this bylaw is necessary for the immediate preservation
of the public health, safety and welfare of the Town of Lancaster
and the inhabitants thereof.
A.
Whoever violates any provision of this bylaw may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D and/or MGL c. 140, § 173A, and as enforced by the Animal Control Officers and assigned agents. If noncriminal disposition is elected, then any person who violates any provision of this bylaw shall be subject to fines under Article I, Noncriminal Disposition, of Chapter 1, General Provisions, of the Code of the Town of Lancaster, in the amounts set forth in Chapter 1, Article II, Fines. Each day or portion thereof shall constitute a separate offense. If more than one violation of this bylaw exists, each such violation shall constitute a separate offense.
B.
Whoever violates any provision of this bylaw 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 as set forth in Chapter 1, General Provisions, Article II, Fines. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
C.
In the alternative or in addition to the above, the Town may employ
any other means available at law or in equity to enforce this bylaw.
Any person may file a written complaint with the Animal Control
Commission that any dog owned or kept in the Town of Lancaster is
a nuisance or dangerous dog as those terms are defined by MGL c. 140,
§ 136A. The Animal Control Commission shall investigate
or cause to be investigated such complaint, including an examination
under oath of the complainant at a public hearing in the municipality
to determine whether the dog is a nuisance dog or a dangerous dog,
and shall make such order concerning the restraint or disposal of
such dog as provided in MGL c.140, § 157. Violations of
such orders shall be subject to the enforcement provisions of MGL
c. 140, §§ 157 and 157A, which, upon conviction, may
include: for a first offense, a fine of not more than $500 or imprisonment
for not more than 60 days in a jail or house of correction, or both,
and for a second or subsequent offense by a fine of not more than
$1,000 or imprisonment for not more than 90 days in a jail or house
of correction.
