[Adopted 5-13-1985 ATM by Art. 20 (Art. 11 of the 1985
Compendium of Bylaws); amended in its entirety 5-11-2009 ATM by Art. 18]
It shall be the duty of every owner or keeper of any dog to
exercise reasonable care and take all necessary steps to comply with
this article, including licensing and keeping his or her dogs under
control at all times to protect other people, property, and animals
from injury or damage which might result from his or her animal's
behavior. If the owner or keeper of any dog is a minor, the parent
or guardian of such minor shall be responsible to ensure that all
provisions of this article are complied with.
As used in this article, the following terms shall have the
meanings indicated:
FOSTER OWNER
Any person harboring a dog under a nonprofit rescue group
or charitable organization for no more than a year.
KEEPER
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog (MGL c. 140, § 136A).
LICENSE PERIOD
The time between January 1 and the following December 31,
both dates inclusive.
OWNER
Any person who licenses a dog or keeps a dog for 30 days
or longer. For the purposes of this article, the parent or guardian
of a minor who owns or keeps a dog shall be considered the dog's owner
or keeper.
RESIDENCE
Within the boundaries of the land where the owner sleeps.
SERVICE DOG
A dog trained in service of a person with a disability.
SHELTER
The public Animal Control facility for the Town of Belchertown.
The Board of Selectman shall appoint an Animal Control Advisory
Board.
A. The
Board shall consist of seven members, each serving for two years.
Three members on the initial Board shall be appointed to one-year
terms to stagger appointments. A majority of the members shall hear
each case.
B. Board
members shall be appointed by the Board of Selectman and may include:
(4) A non pet owner from the community.
(5) A medical professional specializing in emergency medicine.
C. The Board shall have the authority to conduct hearings with regard to assigning fines or other penalties for violations of this article, specifying means of confinement, requiring confiscation of dogs and inspection of premises, arbitrating neighborhood disputes regarding dog nuisances, and other remedies, as described in Subsection
D, below. A majority of members shall constitute a quorum to conduct a hearing.
D. After
a hearing is held, the Board may impose reasonable conditions on the
owner or keeper of the dog, including, but not limited to, the following:
requiring the owner or keeper to participate in dog training classes,
responsible ownership sessions, or animal husbandry classes conducted
by the state Department of Agriculture or a local organization representing
responsible animal owners.
E. Decisions
of the Board may be appealed to the Board of Selectman.
Any owner or keeper who fails to comply with any of the following
shall be in violation of this article:
A. Unlicensed dog: a dog, six months or older, which is unlicensed or
not relicensed by January 30 each year.
B. Running at large: to go beyond the boundaries of the owner's or keeper's
property unless the dog is in sight and under voice command and does
not trespass on private property. Dogs in the act of training, working,
hunting, or guarding are excepted.
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Exception: All dogs shall be confined within a vehicle in an
appropriate, safe manner that prevents escape, or secured by a leash
or lead no longer than six feet in length, and under the control of
a responsible person while on any public street, road, highway, or
parking area where motor vehicles are present. Furthermore, all dogs
shall be secured by a leash or lead no longer than six feet in length
and under the control of a responsible person while walking on any
public sidewalk or way; or attending any outdoor function or event
within the Town that is open to the public and for which dogs in attendance
are allowed. Dogs that are participating or exhibiting in that function
are excepted.
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C. To chase a pedestrian, bicycle or any other vehicle.
D. To bark excessively: a dog that causes a disturbance that interferes
with a person's reasonable right to peace or privacy by barking, yelping,
whining, howling, growling or otherwise repeatedly making noise for
an extended period at any time of the day or night. Noise generated
by dogs utilized in the production of crops, livestock or poultry
is not subject to this excessive barking section.
E. Worrying livestock: to worry, tease, threaten, injure or kill another's
livestock, fowl or pet.
F. Vicious dog: a dog that attacks, bites or injures human beings, pets,
companion animals or livestock or which, because of temperament, conditioning,
or training has a known propensity to attack, bite or injure human
beings, pets, companion animals or livestock. No dog may be declared
vicious if a threat, injury or damage was sustained by a person who,
at the time, was committing a willful trespass or other tort upon
the premises occupied by the owner or keeper of the dog, or was teasing,
tormenting, abusing, or assaulting the dog or has, in the past, been
observed or reported to have teased, tormented, abused or assaulted
the dog or was committing or attempting to commit a crime, except
as may be provided for in MGL c. 140, § 155. The definition
shall not be construed to include dogs that are part of a governmental
organization or a trained guard dog in performance of its duties.
A trained guard dog is one that comes from a reputable, licensed training
facility as defined by MGL c. 129, § 39B.
G. Unvaccinated dog: a dog without proof of current rabies vaccination
on file with the Town Clerk.
H. Violation of quarantine: to allow a dog to run at large during the
dates of a mandated quarantine following the possibility of exposure
to rabies, as indicated by a veterinarian or the Animal Inspector
or Board of Health. "Quarantine" is defined by state law as maintenance
of a domestic animal in an escape-proof, solid-walled building with
a roof, approved by the Animal Inspector of the municipality. The
animal may be leash walked by an adult.
I. Order to restrain: allowing a dog to continue to run at large or
continue behavior which has been determined to violate this article
by the Animal Control Advisory Board in a prior hearing.
J. Untagged dog: a dog found to be without a collar and attached valid
Town license.
Any owner or keeper shall be responsible for the removal of
any fecal material deposited by his/her dog on public ways, private
property, public sidewalks, public recreation areas, school property,
other public property and the Town Common.
The Town may enforce this article by filing an application for a criminal complaint in the District Court if a dog owner or keeper fails to comply with a citation or order and fails to appeal according to §§
15-11 and
15-12 of this article.
In the event that a clause of this article is found in violation
of state law, that clause shall be severable, and the remainder of
the article shall continue in full effect.