[HISTORY: Adopted by the Town of Amesbury
as indicated in article histories. Amendments noted where applicable.]
[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.
B.
The owner of a dog that is currently licensed in another
town within the Commonwealth of Massachusetts may obtain a transfer
license and tag by turning in the other license and tag and paying
a fee of $1.
D.
If a tag is lost a duplicate tag may be obtained from
the Clerk's office for a fee of $1.
A.
No fee shall be charged for a license for a dog specifically
trained to lead or serve a blind person or a deaf person, provided
that the Massachusetts Commission for the Blind or the Director of
the Office of Deafness certifies that such dog is trained and actually
in the service of a deaf or blind person.[1]
B.
No fee shall be charged for a license for a dog specifically
trained for, and in service as, a Police Department K-9, provided
that the Chief of the Police Department or station commander certifies
that such dog is so trained and actually in the service of a Police
Department.
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.
A.
No person owning or keeping a dog in 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 the knowledge and permission
of such other person, nor allow such dog to roam at large on any portion
of the public highway.
B.
Such owner or keeper of a dog in the City which is
not on the premises of the owner or upon the premises of another person
with the knowledge and permission of such other person shall restrain
such dog by chain or leash not exceeding six feet in length.
C.
Nothing in this section shall be construed to limit
or prohibit the use of hunting dogs during the open hunting season
or the training of hunting dogs or the holding of field trials for
hunting dogs.
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.
A.
The Animal Control Officer may restrain or muzzle,
or issue an interim order to restrain or muzzle, for a period not
to exceed 14 days, any dog for any of the following reasons:[1]
(1)
Having bitten any person.
(2)
If found at large or unmuzzled, as the case may be,
while an order for the restraint of such dog is in effect.
(3)
If found in a school, schoolyard, or public recreational
area.
(4)
For having killed, maimed or otherwise damaged any
other domesticated animal.
(5)
For chasing any vehicle upon any public way or way
open to public travel in the City.
B.
Upon restraining or muzzling, or issuing an interim
order to restrain or muzzle, the Animal Control Officer shall submit
a written report to the Municipal Council of his action and the reasons
therefor. Upon receipt of such report, the Municipal Council may make
such an order concerning the restraint, muzzling or disposal of such
dog as may be deemed necessary. 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.
A.
The owner of any dog that is sold or given away, or
whose custody is otherwise transferred, to any other resident of the
City shall provide said resident with a copy of all medical records,
licenses and the like for said dog.
B.
Any resident of the City who buys or accepts custody
of any dog previously registered in the City shall notify the City
Clerk within 30 days of said transfer.
A.
Each person who owns, keeps or controls a dog within
the City shall remove and dispose of any feces left by such dog on
any sidewalk, street, park or other public area, or on any private
property which is not owned or occupied by such person.
B.
No person who owns, keeps or controls a dog within
the City shall permit such dog to be on any sidewalk, street, park
or other public area unless such dog is accompanied by a person carrying
a device which is suitable for picking up and containing feces, unexposed
to such person and to the general public.
C.
This section shall not apply to a dog accompanying
any handicapped person who, by reason of a handicap, is physically
unable to comply with the requirements of such section.
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]
A.
It is hereby declared that vicious dogs have become
a serious and widespread threat to the safety and welfare of the citizens
of the Town of Amesbury, in that vicious dogs have in recent years
assaulted without provocation and seriously injured numerous individuals,
particularly children, and have killed numerous dogs. Many of these
attacks have occurred in public places.
B.
The number and severity of these attacks are also
attributable to the failure of owners to register, confine and properly
control vicious dogs.
C.
It is further declared that the owning, keeping or
harboring of vicious dogs is a nuisance.
D.
It is further declared that, because of the danger
posed to the public health, safety and welfare by vicious dogs, this
article constitutes an emergency measure providing for the immediate
preservation of the public health, safety and welfare of the citizens
of the Town of Amesbury.
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:
Any person designated by the Mayor and may be a police officer
or constable.[1]
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.
Taken into the custody of the public pound.
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.
A natural person or any legal entity, including but not limited
to a corporation, firm, partnership or trust.
Any dog:
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;
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;
Which attacks a human being or domestic animal
without provocation;
Owned or harbored primarily or in part for the
purpose of dog fighting, or any dog trained for dog fighting; or
Not licensed according to City law.
"Vicious dog" includes the breed of dog known
as the "American Staffordshire pit bull," "pit bull terrier," "bull
terrier" or the "American pit bull."
A.
Every dog six months or older shall be licensed pursuant
to MGL c. 140, § 137. No vicious dog shall be licensed by
the Town of Amesbury for a licensing period commencing after January
1987 unless the owner or keeper of such vicious dog shall meet the
following requirements:[1]
(1)
The owner or keeper shall present to the City Clerk
or other licensing authority proof that the owner or keeper has procured
liability insurance in the amount of at least $100,000 covering any
damage or injury which may be caused by such vicious dog during the
twelve-month period for which licensing is sought. The policy shall
contain a provision requiring the City to be named as an additional
insured for the sole purpose of the City Clerk or other licensing
authority to be notified by the insurance company of any cancellation,
termination or expiration of the liability insurance policy.
(2)
The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by Subsection A during the twelve-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license.
(3)
The owner or keeper shall have a licensing number
assigned to any vicious dog, or such other identification number as
the City Clerk or other licensing authority shall determine. That
number shall be noted on the City licensing files for such vicious
dog.
(4)
The owner or keeper shall display a sign on his or
her premises warning that there is a vicious dog on the premises.
The sign shall be visible and capable of being read from the public
highway or roadway.
(5)
The owner or keeper shall, on or prior to the effective
date of such license for which application is being made, have a fenced
enclosure for the vicious dog on the property where the vicious dog
will be kept or maintained.
(6)
The owner or keeper shall notify the licensing authority
within 24 hours if a vicious dog is unconfined, has attacked another
animal or has attacked a human, or has died or has been sold or given
away. If the vicious dog has been sold or given away, the owner or
keeper shall also provide the licensing authority with the name, address
and telephone number of the new dog owner of the vicious dog.
B.
The Animal Control Officer is hereby empowered to
make whatever inquiry is deemed necessary to ensure compliance with
the provision of this article, and such Animal Control Officer is
hereby empowered to seize and impound any vicious dog whose owner
or keeper fails to comply with the provisions hereof.
A.
All vicious dogs shall be confined in an enclosure.
It shall be unlawful for any owner or keeper to maintain a vicious
dog upon any premises which does not have a locked enclosure.
B.
It shall be unlawful for any owner or keeper to allow
any vicious dog to be outside of the dwelling of the owner or outside
of the enclosure, unless necessary for the owner to obtain veterinary
care for the vicious dog, or to sell or give away the vicious dog,
or to comply with commands or directions of the Animal Control Officer
with respect to the vicious dog, or to comply with provisions of this
article. In such event, the vicious dog shall be securely muzzled
and restrained with a chain having a minimum tensile strength of 300
pounds and not exceeding three feet in length and shall be under the
direct control and supervision of the owner or keeper of the vicious
dog.
A.
No person shall own or harbor any dog for the purpose
of dog fighting or train, torment, badger, bait or use any dog for
the purpose of causing or encouraging said dog to unprovoked attacks
upon human beings or domestic animals.
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.
A.
If any vicious dog shall kill or wound, or assist
in killing or wounding, any sheep, lamb, cattle, horse, hog, swine,
fowl or other domestic animal belonging to or in the possession of
any person, or shall attack, assault, bite or otherwise injure any
person, or assist in attacking, assaulting, biting or otherwise injuring
any person while out of or within the enclosure, whether or not such
vicious dog escaped without fault of the owner or keeper, the owner
or keeper shall be liable to the person aggrieved for all damages
sustained, pursuant to MGL. c. 140, § 155.
B.
Upon attack or assault by a vicious dog, the Animal Control Officer of the City is hereby empowered to confiscate and destroy the vicious dog after a hearing as provided by § 204-25 of this article, if the conduct of such vicious dog or its owner or keeper constituted a violation of the provisions of this article.
A.
Any vicious dog, except those ruled vicious for violation of Subsection A(5) of the definition of "vicious dog" in § 204-19 solely, whose owner or keeper does not secure the liability insurance coverage required in accordance with § 204-20A(1) of this article, or which is not maintained on property with an enclosure, or which shall be outside of the dwelling of the owner or keeper or outside of an enclosure, except as provided in § 204-21B, may be confiscated by the Animal Control Officer and be destroyed in an expeditious and humane manner after a hearing as provided by this section. In addition, the owner or keeper shall pay a fine as provided in § 1-2 of this Code.[1]
B.
If any vicious dog shall kill, wound or assist in killing or wounding any domestic animal, as described in § 204-24A of this article, the owner or keeper of said dog shall pay a fine as provided in § 1-2 of this Code. The Animal Control Officer is empowered to confiscate and destroy said vicious dog after a hearing as provided in this section.[2]
C.
If any vicious dog shall attack, assault, wound, bite or otherwise injure or kill a person, the owner or keeper of said dog shall pay a fine as provided in § 1-2 of this Code. The Animal Control Officer is empowered to confiscate and destroy said vicious dog after a hearing as provided in this section.[3]
D.
All fines paid pursuant to this section shall be paid
to the Town of Amesbury.
E.
No dog shall be destroyed within 10 days of being
impounded:
F.
If the owner or keeper of an animal impounded for an alleged violation of §§ 204-20 to 204-24 inclusive of this article believes that there has not been a violation of such sections, the owner or keeper may file a complaint in the District Court. The impounded dog shall not be destroyed pending resolution of the owner's or keeper's complaint if the complaint shall have been filed within 10 days of impoundment of such dog. If the Court shall find that there shall not have been a violation of §§ 204-20 to 204-24 inclusive of this article, such dog may be released to the custody of the owner or keeper upon payment to the poundkeeper of the expense of keeping such dog, as determined in accordance with MGL c. 140, § 157.
