[Amended 12-21-1989; 8-17-2000; 6-19-2003]
A.
The owner or keeper of any dog six months old or older
owned or kept within the City shall, within 30 days of residence,
cause such dog to be licensed and to wear a valid license tag and
a valid rabies tag affixed to a collar or harness in accordance with
the laws of the commonwealth.
[Amended 2-1-2007]
B.
No license shall be issued to a person who has not
attained the age of 18 years or one convicted of cruelty to animals
for a period of five years from the date of his/her being found guilty
or penalized for such offense.
[Amended 12-20-2012]
C.
D.
Beginning May 1 and on the first day of each succeeding
month, weekends and holidays excluded, the owner or keeper of any
dog six months old or older owned or kept within the City, who has
not obtained the required license shall be assessed an administrative
late charge by the City Clerk as set forth in Chapter 174, Fees, for
each and every month that the dog remains unlicensed. All such fees
must be paid before a license can be issued for any subsequent year.
However, in no case shall the owner or keeper be assessed late charges
for a period exceeding 11 months in the aggregate.
[Amended 2-1-2007; 3-4-2010]
[Amended 8-17-2000]
A.
No person owning or keeping a dog within the City
shall allow such dog to roam at large upon the land of another, except
if it is on the premises of another person with his or her permission,
nor shall they allow such dog to roam at large on any portion of a
public highway or any public property, nor shall an owner or keeper
restrain a dog on his/her own property so as to permit said dog to
extend onto public or private property or to create a danger to the
public safety.
B.
The owner or keeper of a dog in the City which is
not on the premises of the owner/keeper or upon the premises of another
with the permission of said person shall restrain said dog with a
chain or leash of sufficient material and strength as necessary to
restrain the dog and shall be held by a person capable of controlling
the movements of the dog. The chain or leash shall be of a length
which prohibits the dog from being a nuisance to persons nearby or
causing damage to public or personal property.
C.
No owner/keeper of a dog shall allow it on public
school property during school hours without the permission of the
school principal, unless it is in a vehicle and kept in such a way
as to prevent contact with passersby.
D.
The owner or keeper of a dog may use such dog for
sporting purposes during the hunting seasons provided for by the fish
and game laws of the commonwealth.
E.
This section shall in no way limit or preclude the
use of certain specially trained dogs as set forth in MGL c. 140,
§ 139.
[Amended 6-18-1987; 8-17-2000; 6-19-2003]
B.
Such person wishing to retrieve a dog shall first
pay to the City the fees for the following as set forth in Chapter
174, Fees:
[Amended 2-1-2007]
C.
All payments shall be made to the City Clerk or the
Animal Control Officer who shall issue a receipt. All such payments
collected by the Animal Control Officer shall be turned over to the
City Clerk.
[Amended 6-19-2003; 12-20-2012]
The Mayor shall designate an individual or body
to serve as the hearing officer/authority for the investigation of
dog complaints. The hearing officer/authority shall be empowered to
conduct hearings under oath, subpoena witnesses, render dispositions
and issue orders relative to complaints of nuisance or dangerous dogs
owned or kept in the City under the provisions of MGL c. 140, § 157,
and complaints of improperly maintained or nuisance dog kennels under
MGL c. 140, § 137C.
[Amended 2-1-2007]
Whoever having charge or custody of a dog willfully suffers or permits it to enter or remain or pass over any orchard, garden, mowing land or other improved or enclosed land of another during the months of May, June, July or August, after being forbidden so to do in writing or by notice posted thereon by the owner or occupant thereof, or by an authorized agent of such owner or occupant, shall be punished by a fine as provided in Chapter 40, Enforcement.
[Added 10-2-1980]
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 his/her
dog on any sidewalk, street or other public area. It shall further
be the duty of each person who owns, possesses or controls a dog to
remove and dispose of any feces left by his/her dog on any private
property neither owned nor occupied by said person.
B.
No person who owns, possesses or controls such dog
shall appear with such dog on any sidewalk, street or other public
area without the means of removal of any feces left by such dog. Furthermore,
no person who owns, possesses or controls such dog shall appear on
any private property neither owned nor occupied by said person without
the means of removal of any feces left by said dog.
C.
For the purposes of this regulation, the means of
removal shall be any tool, implement, container or other device carried
for the purpose of picking up and containing such feces, unexposed
to said person or the public. Disposal shall be accomplished by transporting
such feces to a place suitable and regularly reserved for the disposal
of human feces, specifically reserved for the disposal of canine feces,
or as otherwise designated by the Northampton Board of Health.
D.
Any person found in violation of this section by an Animal Control Officer or a Police Officer shall cause a complaint to issue in the court of jurisdiction. The penalty for violation of this section shall be as set forth in Chapter 40, Enforcement, for each offense.
[Amended 8-17-2000; 2-1-2007]
E.
This regulation shall not apply to a dog accompanying
any person with a disability who, by reason of his/her disability,
is physically unable to comply with the requirements of this section.
[Amended 3-17-2022 by Ord. No. 21.355]
[Added 6-18-1992; amended 6-19-2003; 2-1-2007; 12-20-2012]
A.
Whoever in the City of Northampton is the owner or
keeper of a dog, cat or ferret six months of age or older shall cause
such dog, cat or ferret to be vaccinated against rabies by a licensed
veterinarian using a licensed vaccine according to the manufacturer's
directions, and shall cause such dog, cat or ferret to be revaccinated
at intervals recommended by the manufacturer. Unvaccinated dogs, cats
or ferrets acquired or moved into the City from outside the commonwealth
shall be vaccinated within 30 days after the acquisition or arrival
into the commonwealth or upon reaching the age of six months, whichever
last occurs.
B.
The rabies vaccination tag, issued by the vaccinating
veterinarian, shall be secured by the owner or keeper of such dog,
cat or ferret to a collar or harness made of suitable material to
be worn by the dog or cat; provided, however, that the owner of a
cat or ferret may choose not to affix a tag to his cat or ferret,
but shall have the tag available for inspection by authorized persons.
In the event that a tag is lost, the owner or keeper shall obtain
a replacement tag from the vaccinating veterinarian upon presentment
of the original vaccination certificate.
[Added 6-19-2003; amended 12-20-2012]
The Mayor shall appoint an Animal Control Officer
for the City for a term of up to three years. Upon such appointment,
the Mayor shall immediately submit to the State Commissioner of Agricultural
Resources the name, address, date and term of appointment of said
Animal Control Officer. The qualifications of the Animal Control Officer
shall be established by the Mayor and shall be in compliance with
the requirements set forth under MGL c. 140, §§ 151
through 151C.
A.
The Animal Control Officer shall be responsible for enforcement of the state statutes pertaining to dogs as found under Chapter 140 of the Massachusetts General Laws, those City ordinances pertaining to the licensing and regulation of dogs and other animals, as well as warrants issued by the City under the provisions of § 153 of Chapter 140. The Animal Control Officer shall investigate 1) complaints of nuisance dogs under the provisions of § 157 of Chapter 140; 2) claims of damage by dogs to livestock or fowls under MGL c. 140, § 161, as that section may be amended from time to time, and 3) complaints of improperly maintained or nuisance kennels under § 128-18 of this chapter. Additionally, the Animal Control Officer shall investigate other complaints of violations of statutes and/or City ordinances relating to animal control, and where appropriate bring criminal or noncriminal action. For the purpose of enforcing these statutes and City ordinances, the Animal Control Officer shall be designated a special police officer, subject to annual appointment.
[Amended 6-27-2013]
B.
The Animal Control Officer shall also serve as the
dog poundkeeper and provider. The Animal Control Officer shall collect
and turn over any fees collected for the redemption and the care and
keeping of dogs impounded to the City Clerk for forwarding to the
City Treasurer.
C.
The Animal Control Officer may sell for a designated
fee any unclaimed and undiseased dog, which has been confined, unless
the dog is turned over to another recognized animal shelter or rescue
group. The Animal Control Officer shall keep a record of all such
sales, and all fees collected shall be turned over to the City Clerk
for forwarding to the City Treasurer.
D.
No Animal Control Officer shall be a licensed animal
dealer registered with the United States Department of Agriculture,
and no Animal Control Officer, either privately or in the course of
carrying out his/her official assignments as an agent for the City
of Northampton, shall give, sell, or turn over any animal which may
come into his/her custody to any business or institution licensed
or registered as a research facility or animal dealer with the United
States Department of Agriculture.
E.
Before disposing of any dog in his/her possession,
the Animal Control Officer shall first examine the animal for the
presence of a microchip or tattoo and check its description against
descriptions within the City relative to such species of animal licensed
or registered therein. The Animal Control Officer, prior to euthanizing
any animal, shall have completed under the supervision of a veterinarian
registered under the provisions of MGL c. 112, § 55 or 56C,
a course of instruction in humane techniques for euthanizing animals.
In any case, animals shall be euthanized only by the administration
of barbiturates in a manner deemed acceptable by the American Veterinary
Association Guidelines on Euthanasia, except by gunshot in case of
emergency.
F.
The Animal Control Officer shall make, keep and maintain accurate
records of all information required by MGL c. 140, § 151A(b),
and forward a copy of such records to the City Clerk within 30 days.
G.
Additionally, the Animal Control Officer shall perform
all other duties prescribed by statute, City ordinance or those established
by job description and/or contract.
[1]
Editor's Note: Former § 128-16, Reimbursement for
damages to livestock or fowl, added 6-19-2003, as amended 12-20-2012,
was repealed 6-27-2013. See now MGL c. 140, § 161, Damages
caused by dogs and paid by city or town; compensation for appraisers.
[Added 6-19-2003; amended 12-20-2012]
Any veterinarian registered under the provisions
of MGL c. 112, § 55 or 56A, who renders emergency care or
treatment to, or euthanizes a dog or cat that is injured on any way
within the City of Northampton shall receive payment from the owner
of such dog or cat, if known or subsequently identified. If the owner
is unknown, the veterinarian may submit an invoice to the Police Department
for payment of an amount not to exceed the limit provided under MGL
c. 140, § 151B, for such care, treatment or euthanization;
provided, however, that such emergency care, treatment or euthanization
shall be for the purpose of maintaining life, stabilizing the animal
or alleviating suffering for a period of up to 24 hours. Any veterinarian
who renders such emergency care or treatment to, or euthanizes, such
dog or cat shall notify the City's Animal Control Officer. Upon notification,
the Animal Control Officer shall assume control of such dog or cat,
or its remains. The Animal Control Officer shall endeavor to identify
the owner of the injured dog or cat. If the owner is identified, the
Animal Control Officer shall provide the name and address of the owner
to the treating veterinarian. If the owner remains unknown, the Animal
Control Officer shall verify that there is reason to believe that
the injury occurred on a way within the City and provide the Chief
of Police or his/her designee with a written report of the matter.
Upon receipt of such verification, the Chief of Police or his/her
designee shall approve payment of the invoiced amount, not to exceed
the statutory provided limit, for the veterinarian's services.
[Added 6-19-2003; amended 2-1-2007; 12-20-2012]
A.
The Animal Control Officer, any police officer or
an agent of the Board of Health may at any time inspect any kennel
within the City. If, in that officer's or agent's judgment, the kennel
is not being maintained in a sanitary and humane manner, or if records
are not properly kept as required by law, said officer or agent shall
make a complaint in writing to the hearing officer/authority for dog
complaints. Within seven days of receipt of such complaint, the hearing
officer/authority shall give notice to all parties of interest of
a public hearing to be conducted within 14 days after the date of
such notice. Upon a finding of probable cause at said hearing, the
hearing officer/authority shall order the suspension or revocation
of the kennel license.
B.
Upon the receipt of a petition from 25 or more citizens
setting forth a statement that they are aggrieved, or annoyed to an
unreasonable extent, by one or more dogs maintained in the City, due
to excessive barking of said dogs or conditions connected with such
kennel constituting a public nuisance, the hearing officer/authority
shall, within seven days of the filing of such petition, 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 conducting
the public hearing, the hearing officer shall, upon a determination
of probable cause, issue an order either revoking or suspending the
kennel license or otherwise regulating the kennel. If probable cause
is not found, the hearing officer shall dismiss the petition.
C.
Written notice of any order of suspension or revocation shall be
mailed forthwith to the license holder and a copy provided to the
City Clerk. Within 10 days of the issuance of the order, the license
holder may petition the Northampton District Court for review of such
order. After notice to all parties it may deem necessary, the Court
shall review the action, hear witnesses and affirm the order unless
it appears that it was made without probable cause or in bad faith,
in which case the order shall be reversed. The Court's decision shall
be final and conclusive on all parties.
D.
Any person maintaining a kennel after the license has been revoked or while the license is suspended shall be punished by a fine as set forth in Chapter 40, Enforcement. For the purpose of this section, each day that a kennel remains in operation after revocation or suspension of its license shall be considered a separate offense.
[Added 6-19-2003; amended 2-1-2007; 12-20-2012]
A.
Every person maintaining a kennel shall have a kennel
license. All kennel licenses shall be issued in accordance with the
provisions of MGL c. 140, §§ 137A through 137D.
(1)
The holder of a kennel license 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 numbered tag issued
by the City Clerk.
(2)
All dogs kept at a kennel shall be vaccinated against rabies in accordance with the requirements of MGL c. 140, § 145B, as well as § 128-14 of this chapter. Each dog shall have attached its collar or harness a rabies vaccination tag issued by a veterinarian. The holder of a kennel license shall keep on file at the kennel the rabies certificate for each dog kept there. The rabies license shall be subject to inspection by the Animal Control Officer, agent of the Board of Health or any police officer. At least once annually, the Animal Control Officer shall inspect the rabies certificates of all the dogs kept by each kennel license holder. Failure to have a current rabies certificate on file for each dog kept by a kennel license holder shall be grounds for the revocation of the kennel license.
B.
The kennel licensing fee schedule shall be as set
forth in Chapter 174, Fees.
C.
Beginning May 1 and on the first of each succeeding
month, weekends and holidays excluded, the keeper of any kennel within
the City, who has not obtained the required license, shall be assessed
an administrative late charge by the City Clerk as set forth in Chapter
174, Fees, for each and every month that the kennel remains unlicensed.
All such fees must be paid before a license can be issued for any
subsequent year.
D.
Holders of a kennel licenses shall maintain records
of every dog kept at their kennel. These records shall include the
name, sex and description of each dog kept. All such records shall
be available for inspection by any Animal Control Officer, police
officer, agent of the Board of Health or environmental police officer.
E.
Before any kennel license shall issue or be renewed:
(1)
The
kennel must pass inspection by the Animal Control Officer for compliance
with the provisions of MGL c. 140, §§ 137B and 137C.
(2)
The
applicant shall establish to the satisfaction of the Building Commissioner
that he/she is in compliance with any and all zoning or business licensing
requirements pertaining to the operation and maintenance of a kennel
facility.
(3)
No
license shall be issued to a person who has not attained the age of
18 years, or one convicted of cruelty to animals for a period of five
years from the date of his/her being found guilty or penalized for
such offense.
