[Adopted as Art. 25 of the 1990 Bylaws]
Any owner of a dog six months or older in the
Town of Amesbury shall cause that dog to be licensed as required by
MGL c. 140 commencing on April 1 of each year.
No license fee or part thereof shall be refunded
because of subsequent death, loss, spaying, neutering or removal from
the Town of Amesbury, the Commonwealth of Massachusetts or other disposal
of the dog.
When applying for a license, the applicant must
show proof of rabies vaccination by a veterinarian certificate dated
within the last three years, if the dog is six months of age or over,
as required by MGL c. 140, § 145B and any subsequent amendments
thereto.
No person shall own or keep within the City
any dog which by biting, barking, howling, or in any other manner
disturbs the peace and quiet of any neighborhood or endangers the
safety of any person or domesticated animal or farm animal.
Any dog found running at large will be placed in a suitable pound and will not be released to its owner until a pickup charge of $10 for the first pickup, $25 for the second pickup and $30 for each subsequent pickup and a daily boarding fee of $10 has been paid to the City. Any owner or keeper of a dog who permits the same to run at large in violation of this article shall be fined as provided in §
1-2 of this Code.
If any person shall make a complaint in writing
to the Animal Control Officer that any dog owned or harbored within
his jurisdiction is a nuisance by reason of vicious disposition or
excessive barking or other disturbances, the Animal Control Officer
shall investigate such complaint, which may include an examination
under oath of the complainant, and submit a written report to the
Municipal Council of his findings and recommendations, together with
the written complaint. Upon receipt of such report and examination
of the complainant under oath, the Municipal Council may make such
an order concerning the restraint, muzzling or disposal of such dog
as may be deemed necessary. The Animal Control Officer, after investigation,
may issue an interim order that such dog be restrained or muzzled
for a period not to exceed 14 days to enable the Municipal Council
to issue its order following receipt of the report of the Animal Control
Officer. If the Municipal Council fails to act during the period of
the interim order, upon expiration of the period the interim order
automatically is vacated.
The owner or keeper of any dog that has been
ordered to be restrained or muzzled or has been restrained under this
article may file a request in writing with the Animal Control Officer
that the restraining order be vacated or that the dog be released.
After investigation by the Animal Control Officer, such officer may
vacate such order or release such dog, if the order or restraint was
imposed by him. If the order or restraint was imposed by the Municipal
Council, the Animal Control Officer shall submit a written report
of his investigation, with his recommendations, to the Municipal Council
which may vacate the order.
In addition to any other statutory authority
in MGL c. 140, the Animal Control Officer may enter a complaint before
the Municipal Council for the purpose of obtaining an order with respect
to the control or disposition of a dog found to be uncontrollable
or whose owner or keeper is unresponsive to any other penalties contained
in this article.
All fees and/or fines collected in relation
to the control of dogs within the Town of Amesbury, unless controlled
by law, shall be deposited with the Treasurer of the City and deposited
as part of the general fund.
In addition to the charges outlined in §
204-8, the owner of any unspayed and unleashed female dog found to be roaming at large in season (heat) off the premises of the owner or keeper shall be subject to a penalty as provided in §
1-2 of this Code.
No person shall knowingly permit any horses,
cattle, swine, sheep, goats, poultry or other livestock under his
care to feed by the roadside or to roam at large upon the land of
another, except if it is on the premises of another person with the
knowledge and permission of such other person, nor allow such animal
to roam at large on any portion of any public highway.
[Adopted as Art. 39 of the 1990 Bylaws]
As used in §§
204-18 through
204-25, inclusive, of this article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
ENCLOSURE
A fence or structure of at least six feet in height suitable
to prevent the entry of young children and confine a vicious dog.
"Enclosure" also means other measures which may be taken by the owner
or keeper, such as tethering of the vicious dog. Such enclosure shall
be securely enclosed and locked and designed with secure sides, top
and bottom and shall be designed to prevent the animal from escaping
from the enclosure.
IMPOUNDED
Taken into the custody of the public pound.
MUZZLE
A device constructed of strong soft material or a metal muzzle.
Such muzzle may not interfere with the vision or respiration of any
dog, nor shall it cause any injury to the dog. It must prevent the
dog from biting any animal or person.
PERSON
A natural person or any legal entity, including but not limited
to a corporation, firm, partnership or trust.
VICIOUS DOG
A.
Any dog:
(1)
That when unprovoked inflicts bites or attacks
a human being or other animals, either on public or private property,
or in a vicious or terrorizing manner approaches any person in apparent
attitude of attack upon the streets or sidewalks or in any public
grounds or places;
(2)
With a known propensity, tendency or disposition
to attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals;
(3)
Which attacks a human being or domestic animal
without provocation;
(4)
Owned or harbored primarily or in part for the
purpose of dog fighting, or any dog trained for dog fighting; or
(5)
Not licensed according to City law.
B.
"Vicious dog" includes the breed of dog known
as the "American Staffordshire pit bull," "pit bull terrier," "bull
terrier" or the "American pit bull."
In the event that the Animal Control Officer
or a law enforcement agent has cause to believe that a vicious dog
is being harbored or cared for in violation of this article, the Animal
Control Officer or law enforcement agent may order the seizure and
impoundment of the vicious dog pending trial.