[HISTORY: Adopted by the Special Town Meeting
of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
The following words and phrases shall have the
following meanings:
The delivery of a cat or dog to any person 18 years of age
or older for the purpose of harboring as a pet.
A kennel maintained as a business established for or to include
the boarding or grooming of dogs.
Any dog which, according to the records of the
Animal Control Officer or other appropriate authority, has inflicted
severe injury on a human being without provocation on public or private
property; or
Any dog which, according to the records of the
Animal Control Officer or other appropriate authority, has killed
a domestic animal without provocation while off the owner's or keeper's
property.
The fees, fines, and reimbursements collected in connection
with the licensing of dogs and the enforcement of these rules and
regulations.
Any officer appointed by the Board of Selectmen to enforce
the laws relating to dogs.
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog.
The time between January 1 and December 31, both dates inclusive.
Animals or fowls kept or propagated by the owner for food
or as a means of livelihood; also deer, elk, cottontail rabbits and
northern hares, pheasants, quail, partridge, and those birds and quadrupeds
determined by the Department of Fisheries and Wildlife and environmental
law enforcement to be wild and kept by or under a permit from said
Department in proper houses or suitably enclosed yards. Such term
shall not include dogs, cats and other pets.
More than three dogs over the age of six months of age at
a single private residence.
Any institution operated by the United States or by the commonwealth
or a political subdivision thereof or any school or college of medicine,
public health, dentistry, pharmacy, veterinary medicine or agriculture,
medical diagnostic laboratory or biological laboratory, hospital or
other educational or scientific establishment within the commonwealth
above the rank of secondary school which, in connection with any of
its activities, investigates or gives instructions concerning the
structure or functions of living organisms or the causes, prevention,
control or cure of diseases or abnormal conditions of human beings
or animals.
An animal control facility or any other facility which is
operated by any organization or individual for the purpose of protecting
animals from cruelty, neglect, or abuse.
A.Â
Licenses and tags. A person residing in the Town of
Harwich who, at the beginning of a license period, is or who, during
a license period, becomes the owner or keeper of a dog six months
old or older shall cause the dog to be licensed within 30 days. The
Clerk of the Town 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 permit licensing to be conducted through the
mail.
(1)Â
On the license form the Clerk shall record the name,
address, and phone number of the owner or keeper of the dog, as well
as the name and description of the dog and the license number. Each
tag shall include the license number, the name of the Town and the
year of issue.
(2)Â
The owner or keeper of the dog shall cause the dog
to wear around its neck or body a collar or harness to which the license
tag shall be securely attached. In the event that any tag becomes
lost, defaced, or destroyed, substitute tags shall be obtained by
the owner or keeper from the Town Clerk at the cost of $5.
(3)Â
The Town Clerk shall not issue a license for any dog
unless the owner or keeper provides the Clerk with a veterinarian's
certificate verifying that the dog is currently vaccinated against
rabies.
(4)Â
The fee for each dog license shall be determined annually
by a committee of the Town Administrator, the Town Clerk, and the
Animal Control Officer and approved by the Board of Selectmen. No
fee shall be charged for a dog specially trained to lead the blind
or serve a blind or deaf person upon presentation to the Town Clerk
of a certificate of such training.
(5)Â
The Clerk may collect a late fee of $25 for every
dog license issued after the thirty-day period.
(6)Â
License fees shall not be refunded because of the
subsequent death, loss, transfer of ownership, spaying or neutering,
or removal from Town of the dog.
B.Â
Violations and penalties. Whoever, as owner or keeper
of a dog, fails to license such dog within 30 days after a license
period begins shall be subject to a fine of $25.
A.Â
The owner or keeper of a dog or cat which has reached
the age of six months shall cause such dog or cat to be kept currently
vaccinated against rabies. Such vaccinations can only be given by
a licensed veterinarian. Upon vaccination, the veterinarian shall
provide a tag which the owner or keeper shall secure to the collar
or harness of the dog or cat. The tag shall show the year the vaccination
was given, a rabies tag number, and the name of the veterinary clinic
or hospital. The veterinarian shall prepare three copies of a rabies
certificate, which shall specify the name and address of the owner
or keeper of the dog or cat, the name and description of the dog or
cat, the rabies tag number, and the expiration date of the vaccine.
The veterinarian shall present one copy of the certificate to the
owner or keeper of the dog or cat and one copy to the Town Clerk and
shall keep one copy for his/her files.
B.Â
Unvaccinated dogs or cats acquired or brought into
the Town of Harwich shall be vaccinated within 30 days or upon reaching
the age of six months, whichever comes first.
C.Â
Whoever as owner or keeper fails to vaccinate a dog
or cat six months old or older shall be subject to a fine of $50.
A.Â
It shall be the duty of the Animal Control Officer
or any police officer to apprehend any dog found running at large
and to impound such dog in a holding facility designated by the Town
of Harwich for holding such dogs. The Animal Control Officer shall
keep a record of each dog impounded which shall contain the breed,
description and sex of the dog, where the dog was apprehended and
whether the dog was wearing a collar and whether or not the dog was
licensed. If licensed, the license number and the name and address
of the owner or keeper are to be included.
A.Â
No person owning or keeping a dog shall allow or permit
said dog to annoy another person's reasonable right to peace and/or
privacy by making loud and/or continuous noise where such noise is
plainly audible at 150 feet from the building, structure, vehicle
or premises in which or from which such noise is produced and/or such
noise is continuous in excess of 10 minutes regardless of the time
of day or night. The fact that such noise is plainly audible at said
distance and/or continuous in excess of 10 minutes shall constitute
prima facie evidence of a violation of this bylaw.
B.Â
Whoever as owner or keeper of a dog violates the provisions
of this section shall be subject to a fine of $50.
[Amended 5-5-2009 STM
by Art. 3]
A.Â
A kennel maintained as a business for the boarding
and/or grooming of dogs shall obtain a commercial kennel license.
The fee for each commercial kennel license shall be determined annually
by a committee of the Town Administrator, the Town Clerk, and the
Animal Control Officer and approved by the Board of Selectmen. Each
kennel shall be available for inspection during normal business hours
by the Animal Control Officer, a police officer, or the Board of Health.
B.Â
Any owner or keeper of more than three dogs but fewer
than seven dogs shall obtain a kennel license for a multiple pet household
upon written application and payment of the current license fee for
each dog. The owner or keeper shall present to the Town Clerk verification
that all dogs six months or older have been immunized against rabies.
A veterinary hospital within the Town of Harwich shall not be considered
a kennel unless it contains an area for grooming and/or boarding,
in which case it shall obtain a commercial kennel license.
C.Â
The Clerk shall issue without a charge a kennel license
to any domestic charitable corporation incorporated exclusively for
the purpose of protecting animals from cruelty, neglect, or abuse.
D.Â
Whoever as the owner or keeper fails to obtain an
appropriate kennel license shall be subject to a fine of $100.
A.Â
No dog or horse shall be allowed in any cemetery within
the Town of Harwich, whether it is accompanied by the owner or keeper,
on or off leash, or while running at large.
B.Â
Whoever as the owner or keeper of a dog or horse knowingly
or unknowingly allows a dog or horse to be in a cemetery shall be
subject to a fine of $50.
Any veterinarian who renders emergency care
or treatment to or disposes of a dog or a cat that has been injured
on any way within the Town of Harwich shall receive payment from the
owner or keeper of such dog or cat, if known, or if not known from
the Town of Harwich in the amount of $20 for such care, treatment
or disposal. Treatment shall be for the purpose of maintaining life,
stabilizing, or alleviating suffering until the owner or keeper of
such dog or cat is identified or for any 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 the Animal Control Officer shall assume
control of such dog or cat.
The Board of Health of the Town of Harwich shall
furnish free of charge upon application of any resident thereof who
has been or may have been exposed to rabies anti-rabid vaccine and
treatment in accordance with the rules and regulations of the Department
of Public Health and accepted medical practice. Such person shall
have the right to select his/her own physician who shall be paid by
the Town of Harwich at a rate established by the Board of Health.
A.Â
Any person or persons found guilty of a violation
of any provisions of MGL c. 272, § 77, 80A, 94 or 95 shall
forfeit the right to own or keep any animal within the Town of Harwich
and must immediately, upon conviction, surrender all animals in his/her
possession.
B.Â
Whoever upon conviction of violating MGL c. 272, § 77,
80A, 94 or 95 fails to surrender his/her animals shall be subject
to a fine of $100. Each day shall constitute a separate violation.
A.Â
Whoever suffers loss by the worrying, killing or maiming
of livestock or fowl by dogs shall inform the Animal Control Officer,
who shall forthwith proceed to the scene to view the damage and determine
if the damage was done, in fact, by dogs and, if so, appraise the
amount of the damage if it does not exceed $50. If in the opinion
of the Animal Control Officer the damage exceeds $50, the damage shall
be appraised on oath by three persons, one of whom shall be the Animal
Control Officer, one of whom shall be appointed by the person alleged
to have suffered the damage, and the third to be appointed by the
other two.
B.Â
Said appraisers shall consider and include in such
damages the number and kind of animals damaged, the extent of the
damage and the appropriate weight of the damaged animals. The appraisers
will also note in their report whether or not any animals were sent
for veterinary treatment in an effort to save them and the number
and kind of such animals. Such report will be filed in the office
of the Town Clerk within 10 days of said appraisal. The Clerk shall
submit said appraisal reports to the Board of Selectmen for payment.
The Board of Selectmen may require the appraisers to provide additional
information that it may deem appropriate in accordance with the reports
of the appraisers.
C.Â
No owner of livestock or fowl shall be reimbursed
for damages inflicted by his/her own dog or dogs, nor shall he/she
be reimbursed if the owner or keeper of the dog inflicting the damage
is known to him/her or to the Animal Control Officer. No reimbursement
shall be made in the case of damage to deer, elk, cottontail rabbits,
northern hares, pheasants, quail, partridge and other livestock or
fowl determined by the Department of Fisheries and Wildlife to be
wild. No reimbursement shall be made for damages unless the livestock
or fowl are kept in proper housing or enclosed areas. No reimbursement
shall be made for damage done by a dog to dogs, cats and other pets.
Awards for damages in no case shall exceed the fair cash market value
of such livestock or fowl.
D.Â
Liability of owner.
(1)Â
The owner or keeper of a dog which has done damage
to livestock or fowl shall be liable for such damage, and the Selectmen
may order the owner or keeper of said dog to pay such damages after
an investigation by the Animal Control Officer of the facts of the
matter and an appraisal by the Animal Control Officer, one person
chosen by the person sustaining the damage, and a third person chosen
by the other two. The appraisers will submit a report to the Selectmen
stating the type of damage, the number and kind of animals damaged
and whether any animals required medical treatment by a veterinarian
to save them.
(2)Â
In the event that the owner or keeper of such dog
known to have done damage to livestock or fowl refuses to pay upon
the order of the Selectmen, the Selectmen shall enter or cause to
be entered a complaint in the District Court for the enforcement of
the order.
A.Â
All dogs owned or kept within the Town of Harwich
shall at all times be kept securely restrained by means of a suitable
leash, rope or chain which effectively confines the dog to the property
owned, occupied or controlled by the dog's owner or keeper; provided,
however, that a dog in the presence of its owner or keeper or responsible
person having charge thereof and under the control of said person
need not be restrained by means of a rope, leash or chain or confined
to the property of such person so long as such control is effective
in preventing the dog from damaging property or harassing persons.
B.Â
Whoever as owner or keeper fails to restrain his/her
dog shall be subject to a fine of $50.