[Ord. No. 1177, § I, 11-15-2016[1]]
(a)
Any person owning or keeping a dog shall not suffer or allow
said dog to run at large upon any street, way or other public place,
such as a school, school yard or public recreational area; nor upon
private premises of anyone other than the owner or keeper unless the
owner or occupancy of said private premises grants permission therefor.
For the purposes of this section and all other sections of this article
the term "at large" shall mean a dog which is:
(b)
Further, whether or not a dog shall be "at large," no such dog
shall be allowed on private property unless specific permission therefor
has been granted by the owner or occupancy of said private property.
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Dogs, adopted 11-16-1978 by Ord. No. 320, as amended.
[Ord. No. 1177, § I, 11-15-2016]
Any owner or keeper of a dog may be ordered to muzzle said dog
by a duly appointed City Animal Control Officer or after a hearing
by a majority vote of the City of Pittsfield's Animal Control Commission
for either of the following reasons:
[Ord. No. 1177, § I, 11-15-2016]
(a)
Animal Control Officers may cause a dog to be impounded for
any one of the following causes:
(1)
If found without a license when a license is required.
(MGL c. 140, § 137).
(2)
If found at large as set forth in Section 2 1/2-21 above or as provided under MGL c. 140, § 167, as amended.
(4)
For having bitten, injured or physically molested
any person.
(5)
For having bitten or injured any domestic animal.
(6)
Where, in the Officer's opinion, a medical emergency
exists or where the dog is living in unsanitary, unsafe or abusive
conditions. Abusive conditions exist when a dog does not have access
to a shelter. "Shelter" is defined as access at all times to an enclosed
dog house, enclosed porch, or garage. Abusive conditions also exist
when a dog is restrained by a rope or chain that is less than 15 feet
in length. Abusive conditions exist when a dog is living in an area
that is contaminated by its own feces, broken glass, nails, sharp
metal or wood objects, or anti-freeze or other harmful objects or
substances. Abusive conditions also exist when a dog does not have
access at all times to a proper supply of clean water and food. Where
a dog is impounded for abusive conditions, the Animal Control Officer
may take the dog to a veterinarian for treatment or call a veterinarian
to inspect the dog at the owner's property. Where the owner is found
in violation of this section, he or she must pay the veterinarian's
fees.
(b)
Not later than two days after the impounding of any dog, the
Animal Control Officer and the owner or keeper shall be notified,
or if the owner or keeper of the dog is unknown or, after reasonable
efforts, is not contacted, written notice shall then be posted for
seven consecutive days in the location for the posting of public notices
in the City Hall and the Police Department or on the City of Pittsfield's
website and/or on the municipal animal shelter's Facebook page, which
notice shall describe the dog and the place and time of taking. Dogs
impounded and unclaimed by the owner or keeper after such seven-day
period shall be disposed of in accordance with the provisions of MGL
c. 140, § 151A. Prior to the end of said seven-day period
the owner or keeper may obtain the release of any dog impounded hereunder
as follows:
(1)
In the case of a violation of Section 2 1/2-23(a)(1) within a calendar year, upon obtaining a license as required by law.
(2)
In addition to compliance with Subsection (b)(1)
of this section, all shelter and impound fees; veterinarian fees,
which may include a fee for a rabies vaccination if proof of prior
vaccination cannot be obtained; fines; notification costs, if any,
must be paid before the dog is released.
(3)
A person who owns or keeps a dog, and who has received
such notice that the dog has been impounded by the Animal Control
Officer, and does not, within seven days, claim said dog at the City
pound, shall be punished by a fine of $300. The owner or keeper shall
be described as a person who has in his possession, for 11 consecutive
days in any calendar year, a dog, licensed or unlicensed, and cannot
show to the satisfaction of the Animal Control Officer that such dog
was sold, killed, given away or otherwise disposed of.
[Ord. No. 1177, § I, 11-15-2016]
A person who finds a dog and fails to turn it over to the Animal Control Officer, police officer or municipal animal shelter within 24 hours shall be subject to a fine in accordance with Chapter 4 1/2.
[Ord. No. 1177, § I, 11-15-2016]
Every dog in the City of Pittsfield must be duly licensed, and
the fees for which shall be in accordance with the following:
(a)
A one-year license for a dog that has not been spayed or neutered
is $20. A registered veterinarian's certificate, or a reasonable facsimile
of same, as proof of rabies vaccination is required.
(b)
A one-year license for a dog that has been spayed or neutered
is $10. A registered veterinarian's certificate, or reasonable facsimile
of same, as proof of rabies vaccination and spaying or neutering is
required.
(c)
No license fee shall be charged for a dog specially trained
to lead or serve a blind person or to hear for or serve a deaf person
or a disabled person. Certification of such training and service is
required for issuance of a license without fee.
(d)
No license fee shall be refunded in whole or in part for any
reason.
(e)
The City Clerk may issue dog licenses through the mail as well
as in person.
[Ord. No. 1177, § I, 11-15-2016]
(a)
KENNEL
PERSONAL KENNEL
Definitions. As used in this article, the following terms shall
have the meanings indicated:
A pack or collection of dogs on a single premises, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel.
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership, for private personal
use.
(b)
License required. Every kennel or personal kennel in operation
in the City of Pittsfield must be duly licensed.
(c)
Renewal of license. Persons seeking a license renewal must present
their previous license; all others must present certification from
the building inspectors showing that all applicable requirements have
been met.
[Ord. No. 1177, § I, 11-15-2016]
The fee for a replacement dog tag shall be $1 each.
[Ord. No. 1177, § I, 11-15-2016]
(a)
The owner or keeper of any dog who shall be found by a Animal Control Officer or park security personnel to have defecated on private property other than that of its owner or keeper, or on a public sidewalk, or within the mowed, cleared, or otherwise regularly maintained areas of park property, including, but not limited to, beaches, playgrounds, picnic areas, basketball courts, playing fields of any kind, open fields, roads, paths, and designated parking areas, shall be subject to the fines stated in Chapter 4 1/2.
(b)
The owner or keeper of any dog who knowingly allows any such dog to cause a nuisance by barking, howling or yelping to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities, shall be subject to the fines stated in Chapter 4 1/2.
[Ord. No. 1177, § I, 11-15-2016]
(a)
DANGEROUS OR VICIOUS DOG
(1)
(2)
OWNER OR KEEPER OF A DANGEROUS OR VICIOUS DOG
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any dog which, when unprovoked, in a vicious or terrorizing
manner, approaches any person in an apparent attitude of attack upon
the streets, sidewalks or any public grounds or places; or any dog
with a known propensity, tendency or disposition to attack unprovoked,
to cause injury or to otherwise endanger the safety of human beings
or animals; or any dog whose owner or keeper has been cited on three
separate occasions within the previous 12 months for failing to restrain
said dog. Such incidents shall be evidenced by verified reports of
the Animal Control Officer and shall be governed by the procedures
set forth in MGL c. 140, §§ 157 and 157A.
Notwithstanding the above definition of a dangerous or vicious
dog, no dog may be declared dangerous or vicious if: any injury or
damage is sustained by a person who, at the time such injury or damage
was sustained, was committing a willful trespass or other tort upon
premises occupied by the owner or keeper of the dog, or was teasing,
tormenting, abusing or assaulting the dog or was committing or attempting
to commit a crime; or any injury or damage was sustained by a domestic
animal which, at the time such injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the dog; or the dog was
protecting or defending a human being within the immediate vicinity
of the dog from an unjustified attack or assault.
An individual who is the licensed owner as well as an individual
who keeps, harbors, or possesses a dangerous or vicious dog.
(b)
Confinement. While on the owner's or keeper's property,
a dangerous or vicious dog must be securely confined indoors or in
a securely enclosed and locked pen or structure of a type meeting
standards established by the Animal Control Officer or Animal Control
Commission suitable to prevent the entry of young children, and designed
to prevent the dog from escaping. Such enclosure must have a minimum
dimension of five feet by 10 feet and must be securely enclosed. If
such enclosure has no bottom secured to the sides, the sides must
be imbedded into the ground no less than two feet. The enclosure must
also provide protection from the elements for the dog.
(c)
Restraint on public ways. No dangerous or vicious
dog shall be permitted upon any public way unless muzzled and restrained
by an appropriate dog lead or chain approved by the Animal Control
Officer not exceeding three feet in length and is under the control
of an adult. The muzzle must be made in a manner that will not cause
injury to the dog or interfere with its vision or respiration, but
must prevent it from biting any person or animal. No dog designated
as dangerous or vicious shall be permitted at public festivals, carnivals,
parades or similar events without an event specific waiver from the
Animal Control Officer.
(d)
Number limited.
(1)
There shall be no more than one dangerous or vicious
dog per dwelling unit allowed in the City unless approved by the Animal
Control Commission.
(2)
No owner or keeper shall be permitted to own, harbor
or otherwise control or have custody of more than one dangerous or
vicious dog, excepting a licensed kennel.
(e)
Possession by minor prohibited. It is prohibited
for a minor to either own, harbor or to otherwise have control or
custody of a dangerous or vicious dog.
(f)
Signs required. Notwithstanding any ordinance to
the contrary, the owner or keeper of a dangerous or vicious dog shall
display a sign or signs on his or her premises facing out from all
sides of the premises warning that there is a dangerous or vicious
dog on the property, the location and design of which shall be determined
by the Animal Control Officer. The sign should be visible and capable
of being read from a public way or within 20 feet of its placement.
In addition, the owner or keeper shall conspicuously display a sign
with a symbol warning children who cannot read of the presence of
a dangerous or vicious dog.
(g)
Liability insurance. The owner or keeper of a vicious
dog shall present to the Animal Control Officer 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
dangerous or vicious dog during the twelve-month period for which
the dog is licensed, which policy shall contain a provision requiring
the City to be named as an additional insured for the sole purpose
of the Animal Control Officer to be notified by the insurance company
of any cancellation, termination or expiration of the liability insurance
policy.
(h)
Certification by owner or keeper. The owner or
keeper of a dangerous or vicious dog shall, as a condition of registration,
provide the Animal Control Officer with a signed statement certifying
that:
(1)
He or she shall maintain and not voluntarily cancel
the liability insurance required by this section during the twelve-month
period for which the dangerous or vicious dog is licensed, unless
the owner or keeper shall cease to own or keep the dog prior to expiration
of such license; and
(2)
He or she shall notify the Animal Control Officer
within 24 hours if a dangerous or vicious dog is on the loose, is
unconfined, has attacked another animal or has attacked a human being,
or has died or has been sold or given away. If the dangerous or vicious
dog has been sold or given away, the owner or keeper shall also provide
the Animal Control Officer with the name, address and telephone number
of the new owner of said dog.
(i)
Identification required. The owner or keeper of
a dangerous or vicious dog shall, at his or her own expense, have
the licensing number assigned to such dog, or other such identification
number as the Animal Control Officer shall determine, either tattooed
upon such dangerous or vicious dog by a licensed veterinarian or other
person trained as a tattooist or, in the alternative, implanted by
way of a microchip under such dangerous or vicious dog's skin. The
Animal Control Officer may, in his or her discretion, designate the
particular location of said tattoo or microchip.
(j)
Certain dogs exempted. The provisions of this section
shall not apply to K-9 or other dogs owned or used by the Police Department
or other law enforcement or public safety agencies.
(k)
Penalties.
(1)
The owner or keeper of any dangerous or vicious dog who fails to comply with the requirements of this section shall be subject to criminal and noncriminal penalties as provided for by §§ 4 1/2-1 and 4 1/2-2 of Chapter 4 1/2. Each day there exists a violation of any provision of this ordinance shall constitute and be punishable as a separate offense.
(2)
If any dangerous or vicious dog is found on property
not owned or controlled by its owner or keeper, or not restrained
in a secure area as required by this section on two separate occasions
within a twelve-month period as documented by the Animal Control Officer,
said animal shall be forever banned from within the limits of the
City of Pittsfield.
(3)
A dog shall not be considered legally licensed,
pursuant to MGL c. 140, §§ 137 and 147, unless the
owner or keeper is in full compliance with this section.
[Ord. No. 1223, § I, 2-11-2020]
(a)
ANIMAL CARE FACILITY
ANIMAL RESCUE ORGANIZATION
BREEDER
BROKER
CAT
DOG
FLEA MARKET
OFFER FOR SALE
PET SHOP
RABBIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An animal control center or animal shelter, maintained by
or under contract with any state, county, or municipality, whose mission
and practice is, in whole or significant part, the rescue and placement
of animals in permanent homes or rescue organizations.
Any not-for-profit organization which has tax-exempt status
under Section 501(c)(3) of the United States Internal Revenue Code,
whose mission and practice is, in whole or in significant part, the
rescue and placement of animals in permanent homes. This term does
not include an entity that is a breeder or broker or one that obtains
animals from a breeder or broker for profit or compensation.
A person that maintains a dog, cat, or rabbit for the purpose
of breeding and selling their offspring.
A person that transfers a dog, cat, or rabbit from a breeder
for resale by another person.
A member of the species of domestic cat, Felis catus.
A member of the species of domestic dog, Canis familiaris.
A building, structure or open area occupied by one or more
vendors, other than retail stores, for sale to the public of new or
used goods or products on a seasonal, limited or full schedule of
operation.
To sell, offer for sale or adoption, advertise for the sale
of, barter, auction, give away or otherwise dispose of a dog, cat,
or rabbit.
Shall have the meaning as provided in MGL c. 129, § 1.
Such definition shall not include an animal care facility or animal
rescue organization, as defined herein.
A member of the species of domestic rabbit, Oryctolagus cuniculus.
(b)
Restrictions on the sale of cats, dogs and rabbits.
(1)
No pet store shall sell, deliver, offer for sale, barter, auction,
give away, or otherwise transfer or dispose of cats, dogs, or rabbits.
Nothing in this section shall prohibit pet stores from collaborating
with animal care facilities or animal rescue organizations to offer
space for such entities to showcase adoptable dogs, cats, or rabbits,
provided the pet store shall not have any ownership interest in the
animals offered for adoption and shall not receive a fee for providing
space for the adoption of any of these animals.
(2)
No person shall sell, exchange, trade, barter, lease, or display
for a commercial purpose any dog, cat, or rabbit on or in any street,
roadside, public right-of-way, parkway, median, park, other recreation
area, commercial parking lot, flea market, or other outdoor market,
or commercial or retail parking lot, except for a dog, cat, or rabbit
displayed by a shelter or animal rescue organization or as part of
a 4-H program or similar exhibition or educational program.
(c)
Recordkeeping and disclosure.
(1)
Each pet shop shall maintain records sufficient to document
the source of each dog, cat, or rabbit the pet shop showcases for
adoption for at least two years following the date of acquisition
of each dog, cat, or rabbit. Such records shall be made available,
immediately upon request, to any Animal Control Officer or police
officer and/or Code Enforcement Inspector.
(2)
Each pet shop offering space for animal care facilities or animal
rescue organizations to showcase adoptable dogs, cats, or rabbits
shall post, in a conspicuous location on the cage or enclosure of
each animal, a sign listing the name of the animal care facility or
animal rescue organization from which each dog, cat, or rabbit showcased
in the cage or enclosure came from.
(d)
Enforcement.
(1)
The Animal Care and Control Unit, and/or the Pittsfield Police
Department, shall have the authority to enforce all violations of
this section. Any animal being offered for sale or transfer, or displayed
for adoption in violation of this section may be seized or impounded.
(2)
Animals seized pursuant to this section will be held for a period
of seven days. The person or entity in violation of these sections
may file for an administrative hearing to appeal the seizure within
seven days of the seizure of the animal(s). If, after seven days,
the person or entity fails to file an appeal, the animals shall be
surrendered to the City of Pittsfield Animal Control.
(e)
Penalty. Any person or pet store that violates this section shall
be subject to a civil penalty of $300, and each dog, cat, or rabbit
offered for sale or transfer, or displayed for adoption in violation
of this section shall constitute a separate violation.
(f)
Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this section shall be declared invalid for any reason
whatsoever, such decision shall not affect the remaining portions
of this section which shall continue in full force and effect, and
to this end the provisions of this section are hereby declared to
be severable.
(g)
Effective date. This section shall become effective 90 days after
passage.
[Ord. No. 1177, § I, 11-15-2016]
Any person who violates any provision of this chapter shall pay the fines stated in Chapter 4 1/2. Each day in which any violation exists shall be deemed to constitute a separate offense.
