As used in this bylaw, the following terms shall have the meanings
indicated:
ADOPTION
The delivery of a dog to any person 18 years of age or older
for the purpose of harboring as a pet.
ANIMAL
Every nonhuman species of animal, both domestic and wild.
ANIMAL CONTROL OFFICER
A.
An appointed officer, reporting to the Chief of Police, authorized
to enforce MGL c. 140, §§ 136A to 174E, inclusive.
B.
Any person designated by the Commonwealth of Massachusetts,
by the Chief of Police for the Town of Mansfield, or a humane society
with the approval of the Chief of Police as an enforcement officer
qualified to perform such duties under the laws of the Town of Mansfield
or the Commonwealth of Massachusetts.
ANIMAL SHELTER
Any facility operated by a humane society, or municipality
or its authorized agent, for the purpose of impounding animals under
the authority of this bylaw or state law for care, confinement, return
to owner, adoption, or euthanasia.
ANIMAL WELFARE COMMITTEE
A permanent committee formed by the Select Board composed
of five members and two alternate members appointed for terms of three
years each, so arranged that the terms of as nearly equal a number
of members as possible expire each year.
COMMERCIAL ANIMAL ESTABLISHMENT
Any pet shop, grooming shop, riding school or stable, boarding
or breeding kennels, or any establishment selling or harboring animals.
COMMERCIAL BOARDING OR TRAINING KENNEL
An establishment used for boarding, holding, 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 MGL 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 and cares for animals owned by others.
COMMERCIAL BREEDER KENNEL
An establishment, other than a personal kennel, engaged in
the business of breeding animals for sale or exchange to wholesalers,
brokers or pet shops in return for consideration.
DANGEROUS DOG
A dog that either:
A.
Without justification, attacks a person or domestic animal,
causing physical injury or death; or
B.
Behaves in a manner that a reasonable person would believe poses
an unjustified imminent threat of physical injury or death to one
or more persons, domestic or owned animals.
DOG
Any animal of the canine species.
DOG-AT-LARGE
Any dog not under the restraint of a person capable of controlling
the dog and/or off the premises of the owner or the keeper.
DOMESTIC ANIMAL
Any animal designated as domestic by regulations promulgated
by the Department of Fish and Game.
GROOMING ESTABLISHMENT
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
KEEPER
Any person, business, corporation, entity, or society, other
than the owner, harboring or having possession of a dog.
KENNEL
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.
OWNER
Any person, partnership, or corporation owning, keeping,
or harboring one or more dogs. A dog shall be deemed to be harbored
if it is fed or sheltered for seven consecutive days or more.
PERSONAL KENNEL
A pack or collection of more than four dogs, three months
or older, owned or kept under single ownership, of private personal
use; provided, however, that breeding of personally kept 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 breeding 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; provided, further, that dogs temporarily housed at a personal
kennel in conjunction with an animal shelter or rescue registered
with the Department of Agricultural Resources may be sold, traded,
bartered or distributed if the transfer is not made for the purpose
of profiting thereby.
PET SHOP
Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise (except
for a licensed kennel), that buys, sells, or boards any species of
animal.
PUBLIC NUISANCE
Any dog or dogs that unreasonably annoy humans, endanger
the life or health of other animals or persons, or substantially interfere
with the rights of citizens, other than their owners, to enjoyment
of life or property. The term "public nuisance dog" shall mean and
include, but is not limited to, any dog that:
A.
Is repeatedly found at large;
B.
Damages the property of anyone other than its owner;
C.
Molests or intimidates pedestrians or passersby;
E.
Excessively makes disturbing noises, including, but not limited
to, continued and repeated howling, barking, whining, or other utterances
causing unreasonable annoyance, disturbance, or discomfort to neighbors
or others in close proximity to the premises where the dog is kept
or harbored (except where the location of the harbored dog is a licensed
boarding or breeding kennel);
F.
Causes fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to neighbors or others in close proximity
to the premises where the animal is kept or harbored;
G.
Causes unsanitary conditions in enclosures or surroundings where
the dog is kept or harbored;
H.
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of dogs maintained;
I.
Attacks other domestic animals;
J.
Has been found by the Animal Control Officer/Chief of Police,
after notice to its owner, to be a public nuisance dog by virtue of
being a menace to the public health, welfare, or safety;
K.
Is a female dog in heat not confined to a building or secure
enclosure; or
RESEARCH INSTITUTION
Any institution operated by the United States or by the commonwealth
or a political subdivision thereof, or any school or college of medicine,
public health, dentistry, pharmacy, veterinary medicine or agriculture,
medical diagnostic laboratory, biomedical corporation or biological
laboratory, hospital or other educational or scientific establishment
within the commonwealth above the rank of secondary school, which
in connection with any of its activities investigates or provides
instruction relative to the structure or functions of living organisms
or the causes, prevention, control or cure of diseases or abnormal
conditions of human beings or animals.
RESTRAINT
Any dog secured by a leash or lead made of suitable material
not more than six feet in length under the control of a reasonable
person and obedient to that person's commands, or within the real
property limits of its owner or keeper. A dog may be taken from its
owner's or keeper's premises without being restrained by such a leash,
provided the dog is accompanied and restrained by a competent person
to whose command the dog is obedient.
RIDING SCHOOL OR STABLE
Any place that has available for hire, boarding, and/or riding
instruction any horse, pony, donkey, mule, or burro; or any place
that regularly buys, sells, or trains the above animals.
VETERINARY CLINIC AND/OR HOSPITAL
Any establishment maintained and operated by a Massachusetts
licensed veterinarian for routine care, surgery, diagnosis, and treatment
of diseases and injuries of animals.
The Animal Control Officer shall:
A. Enforce the Town of Mansfield General Bylaws as outlined in §§
89-1 through
89-14.
B. Care for dogs housed at the animal shelter in a humane manner by
providing:
(2) Nutritious food and water in sufficient quantities;
(3) Protection from the weather;
(4) Veterinary care to prevent suffering; and
(5) Distemper vaccine to prevent the spread of disease.
C. Keep complete records of all dogs housed at the animal shelter by
including:
(1) Date of impoundment and origin of dog;
(2) Description of type, color, sex, age and disposition; date of adoption,
or return to owner, or destroyed;
(3) Name, address, telephone number and driver's license number of all
adopters and/or owners reclaiming their dogs;
(4) Dog license number of all dogs housed at the shelter;
(5) Date of veterinary treatment and type of treatment; and
(6) Date of distemper vaccination.
D. Review all dog licenses for which three or more bylaw violations
have been assessed and report findings to the Animal Welfare Committee/Chief
of Police on a monthly basis.
E. Review all dogs that have not been licensed by their owners and report
findings to the Animal Welfare Committee/Animal Control Officer on
a monthly basis.
F. Perform inspections on a yearly basis, 60 days prior to the start
of the permit period, for all commercial animal establishments prior
to renewal of permits and report findings to the Animal Welfare Committee/Chief
of Police, licensing authority and permit granting authority.
G. Perform inspections on a continuous basis for all new commercial
animal establishments prior to opening or change of ownership of a
commercial animal establishment and report findings to the Animal
Welfare Committee/Chief of Police, licensing authority, and the permit
granting authority.
H. Perform inspections on any commercial animal establishment or dog
owner/keeper for which a report of cruelty has been reported or at
the request of the Animal Welfare Committee/Chief of Police and report
findings to the Animal Welfare Committee/Chief of Police.
The owner or keeper of any dog shall be responsible for the
removal of any excreta deposited by their dog(s) on public walks,
recreation areas, or private property. Any owner or keeper in violation
of this section shall be fined $100.
The civil and criminal provisions of this bylaw shall be enforced
by those persons or agencies designated by the Town of Mansfield.
It shall be a violation of this bylaw to interfere with an Animal
Control Officer or police officer in the performance of their duties.
Unless another penalty is set forth in other sections of this bylaw, any person found violating any provision of this bylaw shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $25 and not more than $100. If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating §
89-9, their permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
All other bylaws of the Town of Mansfield that are in conflict
with this bylaw are hereby repealed to the extent of such conflict.
If any part of this bylaw shall be held invalid, such part shall
be deemed severable and the invalidity thereof shall not affect the
remaining parts of this bylaw.