[HISTORY: Adopted 5-3-1999 Annual Town Meeting, Art. 25.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch.
81, Dogs and Cats, which was comprised of Art. I, Registration Tags,
adopted 3-28-1921 ATM, Art. 19, as amended; Art. II, Running at Large,
adopted as Ch. XI, Sec. 2, of the 1974 bylaws; Art. III, Curbing of
Dogs, adopted 5-5-1980 ATM, Art. 21, as amended; and Art. IV, Vaccinations,
adopted 5-24-1994 ATM, Art. 14.
ANIMAL CONTROL OFFICER — Any officer appointed
by the Board of Selectmen to enforce the laws relating to animals.
All animals of any species, both male and female, including
but not limited to dogs and cats.
A kennel maintained as a business for or to include the boarding
or grooming of dogs.
The time between January 1 and December 31; both dates are
inclusive.
Animals or fowl kept or propagated by the owner for food
or as a means of livelihood, kept in proper houses or suitably enclosed
yards. Such phrase shall not include dogs, cats and other pets.
More than four dogs over the age of six months of age in
a single private residence.
Any person or persons, firm, association or corporation owning,
keeping, or who has in his possession, for 30 consecutive days in
any calendar year, a dog or any other animal, licensed or unlicensed;
and cannot show to the satisfaction of the Animal Control Officer/Dog
Officer that such animal was sold, had died, was given away or otherwise
disposed of. Further, if the owner or keeper of a dog or other animal
were a minor, the parent or guardian of such minor shall be held liable
for any violation of this bylaw.
Free of restraint and permitted to wander on private or public
ways at will.
A.
No owner or keeper of a dog shall permit such dog, whether licensed
or unlicensed, to run at large within the Town of Great Barrington,
including Housatonic. No person shall permit a dog owned or kept by
him beyond the confines of the property of the owner or keeper unless
the dog is physically restrained by a leash, which shall not exceed
six feet in length.
B.
No person shall permit a dog owned or kept by him to run freely within
the confines of the property of the owner or keeper unless leashed
so as to restrain the dog in such manner that the dog will not go
beyond the property of the owner or keeper, or unless the dog is securely
confined to the premises of the owner or keeper by fencing or appropriate
barriers.
C.
No person shall permit a dog owned or kept by him to be accompanied
by a person of inadequate age and discretion to properly control its
actions.
D.
This section shall not apply to property owned and/or controlled
by the Commonwealth of Massachusetts where a separate set of rules
and regulations apply.
E.
A dog for the purposes of events such as working, hunting, field
trials or training purposes is exempt from the restraining order for
such period of time as the dog is actually engaged in the event or
sport, provided the dog is under the direct supervision of a person
of adequate age and discretion to properly control its actions.
A.
Any owner or keeper of a dog six months of age or older in the Town
of Great Barrington shall cause that dog to be licensed as required
by Massachusetts General Laws Chapter 140 commencing on January 1
of each year.
B.
Any owner or keeper of more than four dogs must acquire a multiple
pet permit.
D.
Each multiple pet household and commercial kennel shall be available
to inspection by the Animal Control Officer, police officer or Board
of Health agent.
E.
All dogs and cats six months of age or older must be currently vaccinated
against rabies as per MGL c. 140, § 145B.
F.
The annual fee for every animal license, multiple pet permit and
commercial kennel license and all fines relevant to animal control
shall be established by the Town Manager. No fee shall be charged
for a license for a dog specifically trained to lead or serve a blind
or deaf person, provided that the Division of the Blind or Deaf certifies
that such dog is so trained and actually in the service of a blind
or deaf person.
G.
The registering, numbering, describing and licensing of animals shall
be performed in the office of the Town Clerk on a form prescribed
and supplied by the Town, and shall be subject to the condition expressed
therein that the dog so licensed shall be controlled and restrained
from killing, chasing or harassing livestock or fowls.
H.
No license fee shall be refunded in whole or part for any reason.
I.
Should any owner or keeper of an animal fail to license that animal
as required under MGL c. 140 before April 1, the owner or keeper shall
pay a late fee as established by the Town Manager before obtaining
said license, except a dog brought into the Town as provided by MGL
c. 140, § 138. This late fee shall be applicable from the
61st day after arrival of such dog. Any person maintaining a commercial
kennel in the Town of Great Barrington who fails to license as prescribed
by this section and the laws of the commonwealth shall pay a late
fee as established by the Town Manager commencing April 1.
J.
The owner or keeper of a licensed animal shall cause it to wear around
its neck or body a collar or harness to which shall be securely attached
a tag issued by the Town Clerk at the time of licensing.
K.
In addition to all other sums due and owing for any license fee hereunder,
a person who applies for a license hereunder shall be obligated to
pay all prior amount of license fees determined to be due and owing
by the Town Clerk pursuant to this bylaw for past periods in which
said person was obligated to obtain a license. It shall be a violation
of the bylaw to fail to pay any said sum due hereunder; this remedy
shall be cumulative.
A.
Any owner or keeper of a dog may be ordered to muzzle said dog by
a duly appointed Animal Control Officer and, in his/her absence, by
a police officer for either of the following reasons:
B.
This order shall remain in effect until removed by the officer after
having been satisfied that the dog is unlikely to repeat its offense.
Such decision by the officer to remove said order should not be unreasonably
withheld.
A.
Animal Control Officers or, in their absence, police officers may
cause an animal to be impounded for any of the following causes:
(1)
If found without a license when a license is required; or
(3)
For violation of a muzzling order as provided for in § 81-4 of this bylaw; or as provided under MGL c. 140, § 167, as amended; or
(4)
For having bitten, injured or physically molested any person; or
(5)
For having physically injured any dog or animal; or
(6)
To restore peace when the owner or keeper of an animal is otherwise
unavailable, unwilling, or physically unable to restrain his/her animal
from causing a nuisance by continuous barking or howling; or
(7)
To ensure the safety and well-being of the particular animal; or
(8)
For any violation of this bylaw.
B.
No later than two days after the impounding of any animal, the owner or keeper shall be notified, or if the owner or keeper of the animal is unknown, or, after reasonable efforts, is not contacted, written notice shall then be posted for seven consecutive days in the location for posting notices in the Town Hall, which notice shall describe the animal and the place and time of taking. Animals impounded and unclaimed by the owner or keeper after such ten-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A. Prior to the end of said ten-day period, the owner or keeper may obtain the release of such dog or other animal upon the payment of all pound fees, fines and notification costs, if any; and in the case of a violation of § 81-5A(1) of this section, upon obtaining a license as required by law.
[Amended 5-6-2013 ATM, Art. 14]
C.
No animal shall be turned over or sold in any manner inconsistent
with MGL c. 140, § 151, as amended, or disposed of inconsistent
with the provisions of MGL c. 140, § 151A, as amended.
Any person or persons found guilty of a violation of any provisions
of MGL c. 272, § 77, 80A, 94 or 95, as amended, will forfeit
the right to own or keep any animal within the Town of Great Barrington
and must immediately, upon conviction, surrender all animals in his/her
possession to the Animal Control Officer.
If written complaint is made to the Board of Selectmen regarding
a vicious or dangerous dog or excessive barking or other disturbance,
such complaint shall be acted upon in conformance with MGL c. 140,
§§ 157 and 158, as amended.
The provisions of MGL c. 140, § 153, as amended, are
incorporated herein.
A.
The owner or keeper of a dog which has done damage to livestock,
fowl, person, cats or dogs shall be liable for such damage, and the
Selectmen may order the owner or keeper to pay such damages after
an investigation as set forth in MGL c. 140.
B.
In the event that the owner or keeper of such dog known to have done
damage to livestock, fowl, person, cats or dogs 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.
C.
In addition the Board of Selectmen or its agent thereto authorized
in writing may, after written notice to the owner or keeper, enter
upon the premises of the owner or keeper of any dog known to them
to have killed livestock, fowl, person, cats or dogs and then and
there kill such dog, unless such owner or keeper whose premises are
thus entered for the said purpose shall give a bond in the sum of
$200 with sufficient sureties approved by the Board of Selectmen,
conditioned that the dog is continually restrained. If the owner or
keeper of the dog declares his intention to give such a bond, said
Board of Selectmen or its agent shall allow him seven days, exclusive
of Sundays and holidays, in which to procure and prepare the same
and to present it to the Board or to file it with the Town Clerk.
D.
If a dog which has previously been ordered restrained by the Board
of Selectmen or upon review by the District Court wounds any person
or shall maim or kill any livestock, fowl, person, cats or dogs, the
owner or keeper of such dog will be liable to the person injured thereby
in treble the amount of damages sustained by him.
E.
The owner or keeper of any animal injured or killed by a motor vehicle
shall be responsible for the cost of all rescue response, emergency
care, treatment and/or disposal of said animal.
A.
The Animal Control Officer(s) duly appointed or, in their absence,
police officers shall enforce the provisions of this Animal Control
bylaw and shall attend to all complaints or other matters pertaining
to animals in the Town of Great Barrington.
B.
Notwithstanding any provisions of the General Laws to the contrary,
any person(s) who:
(1)
Refuses to answer or answers falsely questions of an Animal Control
Officer or a police officer pertaining to his/her ownership of an
animal; or
(2)
Is found guilty of cruelty to animals; or
(4)
Violates a Selectmen's order.
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shall be punished by a fine of not less than $100 nor more than
$300.
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C.
Any owner or keeper who:
(1)
Violates the provisions of this bylaw; or
(2)
Is the owner/keeper of any animal who shall be found by an Animal
Control Officer to have defecated on private property other than that
of its owner/keeper or on a public sidewalk or public lands; or
(3)
Is the owner/keeper of any animal who intentionally allows any such
animal to cause a nuisance by barking, howling or otherwise disturb
another person's right to peace; or
(4)
Is the owner/keeper of an animal found to have bitten or injured
any person, dog or other animal.
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may be penalized by noncriminal disposition as provided in MGL
c. 40, § 21D.
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D.
Where applicable, each day shall constitute a separate offense.
A.
Notwithstanding any provisions of the General Laws to the contrary,
any Animal Control Officer who takes cognizance of a violation of:
(1)
This by-law; or
(2)
Failure to license animals pursuant to MGL Chapter 140 and this by-law;
or
(3)
Failure to obtain multiple per permit or commercial kennel license;
or
(4)
Failure to vaccinate against rabies pursuant to MGL Chapter 140 Section
145B; or
(5)
Intentionally allowing a dog to cause a nuisance by barking, howling
or otherwise.
[Added 5-17-2004 ATM, Art. 22]
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may issue or mail a Notice of Complaint of Violation of Municipal
Animal Control bylaw to the owner or keeper of such animal.
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B.
Any owner/keeper found in violation of the above-mentioned procedure
shall be subject to a fine of not more than $50 per offense. Where
applicable, each day a violation exists shall constitute a separate
offense.
[Amended 5-17-2004 ATM, Art. 22; 5-4-2009 ATM, Art. 13]
A.
Nothing contained within this bylaw shall limit or restrict any enforcement
officer's authority to seek criminal prosecution of any violation
of state or federal law.
B.
If any part, section or provision of this bylaw is found to be invalid,
the remainder of the bylaw shall not be affected thereby.
