[HISTORY: Adopted by the Town of Ashland 10-15-1997 Annual Town
Meeting, Art. 6, which article also provided for the repeal of former
Ch. 87, Animals, Art. I, Dogs, adopted May 1993 STM. Amendments noted
where applicable.]
This bylaw is intended to guide those persons
owning or keeping dogs in their role as responsible pet owners so
as not to adversely affect the residents of Ashland.
[Amended 5-1-2013 ATM, Art.ATM, Art. 22]
Any reference to a "section" in this bylaw shall
mean Chapter 140 of the Massachusetts General Laws, unless otherwise
stated. The provisions of MGL Chapter 140, sections 136A through 174E
inclusive as may be amended from time to time and except as modified
herein, are incorporated into this bylaw relating to the regulation
of dogs.
Unless otherwise set out in this bylaw, any
term defined in section 136A shall have the same meaning in this bylaw,
and shall be expressly incorporated herein.
the person or firm appointed to enforce the provisions of
this bylaw.
The Town of Ashland Select Board.
[Added 5-1-2013 ATM, Art. 22; amended 11-20-2019 STM, Art. 13]
A pack or collection of dogs on a single premise, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel.
[Amended 5-1-2013 ATM, Art. 22]
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COMMERCIAL BOARDING OR TRAINING KENNEL: An establishment used
for boarding, holding, day care, overnight stays or training of animals
that are not the property of the owner of the establishment, at which
such services are rendered in exchange for consideration and in the
absence of the Owner of any such animal; provided, however, that "commercial
boarding or training kennel" shall not include an animal shelter or
animal control facility, a pet shop licensed under G.L. c. 129, § 39A,
a grooming facility operated solely for the purpose of grooming and
not for overnight boarding or an individual who temporarily, and not
in the normal course of business, boards or cares for animals owned
by others.
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COMMERCIAL BREEDER KENNEL: An establishment, other than a personal
kennel, engaged in the business of breeding animals for sale or for
exchange to wholesalers, brokers or pet shops in return for consideration.
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DOMESTIC CHARITABLE CORPORATION KENNEL: A facility operated,
owned or maintained by a domestic charitable corporation registered
with the Department, or an animal welfare society or other nonprofit
organization incorporated for the purpose of providing for and promoting
the welfare, protection and humane treatment of animals, including
a veterinary hospital or clinic operated by a licensed veterinarian,
which operates consistent with such purpose providing veterinary treatment
and care.
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PERSONAL KENNEL: A pack or collection of more than four (4)
dogs, three (3) months old or older, owned or kept under single ownership,
for private personal use; provided, however, that breeding of personally
owned dogs may take place for the purpose of improving, exhibiting
or showing the breed, use in legal sporting activity or other personal
reasons; provided, further, that selling, trading, bartering or the
distribution of such breed dogs from a personal kennel shall be to
other breeders or individuals by private sale only and not to wholesalers,
brokers or pet shops; provided, further, that personal kennels shall
not sell, trade, barter or distribute any dogs not bred from their
personally owned dogs; and provided, further, that dogs temporarily
housed at a personal kennel in conjunction with an animal shelter
or rescue registered with the Department may be sold, traded, bartered
or distributed if the transfer is not made for the purpose of profiting
thereby.
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VETERINARY KENNEL: A veterinary hospital or clinic that boards
dogs for reasons in addition to medical treatment or care; provided,
however, that this definition shall not include a hospital or clinic
used solely to house dogs that have undergone veterinary treatment,
observation, or will do so, only for the period of time needed to
accomplish the needed veterinary care.
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The initial license period for a license issued under this Chapter 87 shall be from the date of issuance until the December 31 next occurring, whereupon renewals for any license shall be for a full license period from January 1 to December 31 of each year.
[Amended 5-1-2013 ATM, Art. 22]
The Town Clerk shall be the Licensing Authority with respect
to this bylaw.
[Added 5-1-2013 ATM, Art. 22]
Any person or persons, individual, partnership, company,
firm, association or corporation owning, keeping or harboring a dog
within the Town.
[Amended 5-1-2013 ATM, Art. 22]
This bylaw shall go into effect on December
31, 1997, or earlier if so adopted by the State Attorney General or
passed by the Legislature. Until said date, all current statutes and
bylaws shall remain in effect.
[Amended 5-1-2013 ATM, Art. 22; 11-20-2019 STM, Art. 13]
The Select Board shall annually appoint an animal control officer
under the provisions of G.L. c. 140, §§ 151 and 151A
to carry out the provisions of this bylaw, and perform such other
duties and responsibilities as may, from time to time, be determined.
The Animal Control Officer shall seek out, catch and confine
all dogs within the city or town which then have not been licensed,
collared or harnessed, and tagged, as required by this bylaw, and
to enter and prosecute a complaint for failure to comply with the
provisions of this bylaw against the owners or keepers thereof, if
known, and to kill or cause to be killed by methods of execution other
than gunshot except in case of emergency, T-61, so-called, a euthanasia
solution not under the control of the federal Drug Enforcement Administration,
unless by a veterinarian, succinylcholine cholide, any drugs that
have curariform-like action, electrocution or any other method which
causes an unnecessarily cruel death each such dog which after being
detained by or for him for a period of ten days shall not then have
been licensed, collared or harnessed, and tagged; provided, that at
the end of ten days such Animal Control Officer may make available
for adoption any dog not found to be diseased, for a sum not less
than three dollars and shall keep an account of all moneys received
by him for such adoption and shall forthwith pay over such sums to
the town treasurer in the same manner as dog license money as provided
in G.L. c. 140, § 147.
It shall be the duty of the Animal Control Officer to make,
keep, and maintain systems of records or forms which fully and correctly
disclose the following information concerning each animal in his custody:
The date and location of each apprehension; a description of
each animal; place of confinement; if tagged, the name and address
of owners of such animal; name and address of new owner including
the date of sale or transfer of such animal; and, if animal is destroyed,
the dog officer shall record the method and date of destruction and
the name of the person who executed such animal. The Animal Control
Officer shall forward a copy of said record to the Town Clerk as soon
as possible. The Town Clerk shall retain a copy of such record for
a period of two years.
A special dog fund account is hereby created
by the Town of Ashland. Said fund shall be used as a depository for
all monies collected as fees, fines, charges, penalties and other
like monies imposed under this bylaw. Funds may be appropriated from
this fund to make purchases necessary to administer this bylaw and
to pay any expenses relating to this bylaw or for any other costs
that Chapter 140 MGL requires to be paid. Receipts allocated to this
fund shall be deposited in a special account by the Treasurer/Collector.
[Amended 5-1-2013 ATM, Art. 22]
(A)
Whoever is the owner of a dog, cat or ferret six (6) months of age
or older shall cause such dog, cat or ferret to be vaccinated against
rabies by a licensed veterinarian using a licensed vaccine according
to the manufacturer's directions and shall cause such dog, cat or
ferret to be revaccinated at intervals recommended by the vaccine's
manufacturer. The veterinarian shall issue a tag with each certificate
of vaccination. The tag shall be secured by the owner or keeper of
such dog, cat or ferret to a collar or harness made of suitable material
to be worn by the dog, cat or ferret; provided, however, that the
owner of a cat or ferret may choose not to affix a tag to his cat,
but shall have the tag available for inspection by authorized persons.
In the event that a tag is lost, the owner or keeper of the animal
shall, upon presentation of the original vaccination certificate,
be issued a new tag.
(B)
Unvaccinated dogs, cats and ferrets acquired or brought into the
Town shall be vaccinated within thirty (30) days after acquisition
or entry into the Town or upon reaching the age of six (6) months,
whichever comes later.
(C)
The Licensing Authority may grant an exemption from this section
for a dog, cat or ferret that:
i.
the Board of Health has declared exempt from the rabies vaccination
requirement upon presentation of a veterinarian's certificate stating
that because of an infirmity, or other physical condition or regimen
of therapy, such inoculation is considered unadvisable for a specific
period of time for such reasons;
ii.
is in transit;
iii.
was brought into the Town temporarily for the sole purpose of
display in a show or for exhibition.
[Amended 5-1-2013 ATM, Art. 22]
(A)
Every dog (6) months old or older kept in the Town of Ashland shall
be duly registered, numbered, described and licensed.
(B)
Every person who becomes owner or keeper of such a dog shall, within
thirty (30) days of its becoming six (6) months old or thirty (30)
days of becoming its owner or keeper, whichever shall last occur,
shall obtain such license from the Licensing Authority. The Owner
or Keeper shall submit an application on the form prescribed along
with proof of vaccination or notarized letter from a licensed veterinarian
stating that the dog has been vaccinated, or Board of Health Declaration
that the dog is exempt from the vaccination requirement to the Licensing.
(C)
The registering, numbering, describing and licensing of a dog shall
be done by the Licensing Authority, and shall be subject to the conditions
expressed therein that the dog which is the subject of the license
shall be controlled and restrained from killing, chasing or harassing
livestock, fowls or wildlife.
(D)
The owner of a licensed dog shall cause it to wear around its neck
or body a collar or harness of leather or other suitable materials,
to which shall be securely attached a tag on a form proscribed and
distributed by the Licensing Authority when a license is issued. Such
tag shall state "Town of Ashland," the year of issue and tag number.
The Licensing Authority shall maintain a record of the identifying
numbers.
(E)
If any such tag is lost the owner shall secure a substitute tag issued
by the Licensing Authority.
(F)
The Licensing Authority shall not grant any license until and unless
a current rabies vaccination certificate or Board of Health Declaration
that the dog is exempt from the vaccination requirement for the animal
has been presented.
(G)
A transfer license from another location in Massachusetts shall be
granted upon application provided that adequate proof is presented
to the Licensing Authority at the time of application. Such application
shall occur within thirty (30) days of establishing residency within
Ashland.
(H)
The license fee for spay or neutered dogs shall be $15.00 and shall
be $20.00 for intact dogs. There shall be no license fee for persons
over the age of seventy (70) years.
[Added 11-19-2013 STM,
Art. 9]
[Amended 5-1-2013 ATM, Art. 22]
(A)
Any person maintaining a Commercial Boarding or Training Kennel,
Commercial Breeder Kennel, Domestic Charitable Corporation Kennel,
Personal Kennel, or Veterinary Kennel, upon application shall be issued
a kennel license. Prior to the issuance of a kennel license, the Animal
Control Officer may inspect the proposed facilities to insure they
comply with any rules and regulations as they may relate to Kennels.
(B)
An owner or keeper of less than four (4) dogs, three (3) months old
or older, who does not maintain a Kennel may elect to secure a Kennel
license in lieu of licensing each dog individually, provided however
that such owner or keeper shall be subject to all provisions of this
bylaw relating to the maintenance, operation and licensing of Kennels
as if he or she were maintaining a Kennel.
(C)
The Animal Control Officer may at any time inspect any Kennel located
in the Town of Ashland.
(D)
Petitions or complaints against any such Kennel shall be filed with
the Select Board. The Board, as well as the Town Manager, shall have
investigatory powers over any such petitions or complaints. Said investigation
shall be conducted by the Town Manager who, within seven days after
the filing of such petition or complaint, shall give notice to all
parties of interest of a public hearing to be held before the Select
Board within fourteen (14) days after the date of such notice. After
such public hearing the Board may make an order either revoking or
suspending such kennel license or otherwise regulating such Kennel,
or dismissing said petition. Within ten days after receipt of such
order, the holder of such license may bring a petition in the district
court as outlined in G.L. c. 140, § 137C. Any person maintaining
a Kennel after the license has been revoked, or while such license
is suspended shall be punished as set forth in the penalty provision
of this bylaw.
[Amended 11-20-2019 STM, Art. 13]
(E)
A kennel license shall be in lieu of any other license for a dog
kept at a Kennel during any portion of the period for which the kennel
license is valid. A kennel licensee shall cause each dog kept in its
Kennel to wear, while it is at large, a collar or harness of leather
or other suitable material, to which a tag shall be securely attached.
Such tags shall be provided to the kennel licensee by the Licensing
Authority and shall state "Town of Ashland," the year of issue and
kennel license number.
[Amended 10-17-2001 ATM, Art. 24; 5-2-2012 ATM, Art. 14; 5-1-2013 ATM, Art. 22]
The owner who fails to license a dog on or before April 15th of each year shall be fined in accordance with § 87-21 of this bylaw. Payment of the fine under this section is made to the Licensing Authority at the time of licensing, unless, after hearing before the Licensing Authority, such fine is waived.
Any owner of a dog who fails to license the dog for a previous year, shall pay a fine to the Licensing Authority at the time of licensing for the new year. Said fine shall be stated in § 87-21 of this bylaw.
No refunds shall be granted for owners obtaining duplicate licenses
within any licensing period, nor in the event that the dog becomes
deceased or moves from the owner of record of from Ashland.
[Amended 11-20-2019 STM, Art. 13]
The owner of a dog which has done damage to
livestock or fowls shall be liable in tort to the Town for all damages
so done and in which the Town has been requested to pay as provided
by MGL Chapter 140 or by this bylaw. Such action may be brought by
the Select Board, Town Manager or any officer of the town designated
by the Board or Town Manager to do so.
[Amended 5-1-2013 ATM, Art. 22]
Violations of any provision of this bylaw, or of any duly adopted and filed rules and regulations applicable to the control of animals, may be processed pursuant to G.L. c. 40, § 21D of the general laws of the commonwealth. Fines for violations shall be assessed according to the schedule listed in section 87-21 hereunder.
If the owner of a dog fails to respond to a
citation within twenty-one days, the Animal Control Officer shall
forward a copy of the citation to the District Court where it shall
be handled under the provisions of G.L. c. 40, § 21 D.
Enforcement of this bylaw under the Non-Criminal
Disposition process shall be carried out by the Animal Control Officer,
members of the Board of Health when so designated by the Board, any
person having police powers, or other person so designated by the
Town Manager shall have enforcement powers under this paragraph.
Each day or part thereof of violation of any
provision of this bylaw or such rules and regulations, whether such
violation is continuous or intermittent, shall constitute a separate
and succeeding offense.
[1]
Editor's Note: Former § 87-13, Criminal disposition,
as amended, was repealed 5-1-2013 ATM, Art. 22.
Each person who owns, possesses or controls
a dog walking in any area within the Town other than his/her own private
property is responsible for the removal and disposal of any feces
left by the dog on any location within town.
No person shall own or keep in the Town any
dog which by biting, excessive barking, howling or in any other manner
disturbs the public peace.
[Amended 5-1-2013 ATM, Art. 22]
If any person shall make a complaint in writing to the Board
that any dog owned or harbored within the Town is a nuisance by reason
of vicious disposition or excessive barking or other disturbance,
the Board shall investigate or cause an investigation by the Animal
Control Officer of such complaint, which may include an examination
under oath of the complainant. If such investigation is carried out
by the Animal Control Officer, such Officer shall submit a written
report to the Board (copy to the Town Manager) of his/her findings
and recommendations, together with the written complaint. Upon completion
of its investigation or receipt of such report, examination of the
complainant under oath if necessary and public hearing, the Board
shall make a determination of whether such dog is nuisance or a dangerous
dog. If the Board determines that such dog is a nuisance, it may order
that the owner or keeper of the dog take remedial action to ameliorate
the cause of the nuisance behavior. If the Board determined that such
dog is a dangerous dog, it shall order one of more of the following:
(i)
that the dog shall be humanely restrained; provided, however, that
no order shall provide that a dog deemed dangerous be chained, tethered
or otherwise tied to any inanimate object including, but not limited
to, a tree, post or building;
(ii)
that the dog shall be confined to the premises of the keeper of such
dog; provided, however that "confined" shall mean securely confined
indoors or confined outdoors in a securely enclosed and locked pen
or dog run area upon the premises of the owner or keeper; provided
further, that such pen or dog run shall have a secure roof and if
such enclosure has no floor secured to the sides thereof, the sides
shall be embedded into the ground not less than two (2) feet; and
provided further, that within the confines of such pen or dog run,
a dog house or proper shelter from the elements shall be provided
to protect such dog;
(iii)
that when removed from the premises of the owner or the premises
of the person keeping the dog, the dog shall be securely and humanely
muzzled and restrained with a chain or other tethering device having
a minimum tensile strength of 300 pounds and not exceeding three (3)
feet in length;
(iv)
that the owner or keeper of the dog shall provide proof of a policy
of insurance in an amount not less than $100,000 insuring such owner
or keeper against any claim, loss, damage or injury to persons, domestic
animals or property resulting from the acts, whether intentional or
unintentional, of such dog or proof that reasonable efforts were made
to obtain such insurance if a policy has not been issued. If such
a policy has been issued, the owner or keeper shall produce such policy
upon request of the hearing authority or a justice of the district
court or proof of efforts to obtain same if such a policy has not
been issued.
(v)
that the owner or keeper of the dog shall provide to the licensing
authority or animal control officer, or such other entity identified
in the order, information by which such dog may be identified, throughout
its lifetime including, but not limited to, photographs, videos, veterinary
examination, tattooing or microchip implantations or a combination
of such methods of identification;
(vi)
that unless an owner or keeper of the a dog provides evidence that
a veterinarian is of the opinion the such dog is unfit for alterations
because of medical condition, the owner or keeper of the dog shall
cause the dog to be altered such that the dog shall not be reproductively
intact; or
(vii)
that the dog shall be humanely euthanized.
The owner of keeper of any dog subject to an order of the Board
shall have the right to appeal such order in accordance with G.L.
c. 140, § 157.
Failure to comply with an order issued under this Section 87-16 shall result in a fine of not more than $300.00 for each offense. Each day of said violation shall constitute a separate offense.
No person who owns or keeps a dog shall allow
the animal to run free when not restricted to the premises of said
owner or keeper. When off said premises, such dog(s) shall be leashed
and curbed. Excepted and excluded from the provisions of this section
shall be such dog(s) when the same are under the supervision and control
of their trainer, owners or keepers and engaged in a sporting event
or hunting and not otherwise prohibited by law.
[Amended 5-1-2013 ATM, Art. 22]
The Animal Control Officer may restrain or muzzle, or issue
an interim order to restrain or muzzle, for a period not to exceed
fourteen days, for any dog for any of the following reasons:
(A)
if found at-large or unmuzzled, as the case may be, while an order
for the restraint of such dog is in effect;
(B)
for having bitten any person;
(C)
if found at-large in a school, school yard, or public recreational
area;
(D)
for having killed or maimed or otherwise damaged any other domesticated
animal, including livestock and fowl;
(E)
for chasing any vehicle upon a public way or ways open to public
travel in the Town; or
(F)
Upon restraining or muzzling, or issuing an interim order to restrain or muzzle, the Animal Control Officer shall submit in writing to the Board (copy to Town Manager) a report of his/her action and the reason therefore. Upon receipt of such report the Board may take action in accordance with Section 87-16. If the Board fails to act upon report during the period the dog is restrained or muzzled, upon expiration of the period, the interim order automatically is vacated.
[Amended 11-20-2019 STM, Art. 13]
The owner or keeper of any dog that has been
ordered to be restrained, muzzled or disposed of under this bylaw
may, within ten (10) days after such an order is issued, bring petition
in the District Court requesting that such order be reviewed by the
Court and the Court shall review such action, hear witnesses and reaffirm
or reverse the order of the Select Board. The decision of the Court
shall be final and conclusive on both parties.
If any part, section or provision of the bylaw
is found to be invalid, the remaining parts, sections, or provisions
of this bylaw shall not be affected thereby.
In the event that a conflict arises between
MGL and this bylaw, the terms shall be interpreted liberally in favor
of this bylaw.
[Amended 5-13-1998 ATM, Art. 38; 5-1-2013 ATM, Art. 22]
(A)
The Licensing Authority shall determine fees for dog and kennel licenses
pursuant to G.L. c. 40, § 22F, provided:
i.
the license fee for unneutered males/unspayed females shall be more
than the license fee for neutered males/spayed females;
ii.
no fee shall be charged for a license issued for a service animal
as defined by the Americans with Disabilities Act or regulation promulgated
thereunder; and
iii.
no fee shall be charged for a kennel license issued to a Domestic
Charitable Corporation Kennel.
(B)
Non-criminal Disposition Fines for violations of any provision of
this bylaw, except where otherwise indicated shall be:
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First offense in any twelve (12) month period
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$25.00
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Second and each subsequent offense in any twelve (12) month
period
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$50.00
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Each day of all said violations shall constitute a separate
offense.
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Failure to obtain license (§ 87-10)
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$50.00 per license year
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(C)
Exemption(s)
Residents over seventy (70) years of age shall be exempt from
the fees set forth in section (A) above.
