[HISTORY: Adopted by the Town Meeting of the Town of Mansfield 5-19-2015 ATM by Art. 21. Amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings
indicated:
The delivery of a dog to any person 18 years of age or older
for the purpose of harboring as a pet.
Every nonhuman species of animal, both domestic and wild.
An appointed officer, reporting to the Chief of Police, authorized
to enforce MGL c. 140, §§ 136A to 174E, inclusive.
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.
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.
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.
Any pet shop, grooming shop, riding school or stable, boarding
or breeding kennels, or any establishment selling or harboring animals.
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.
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.
A dog that either:
Any animal of the canine species.
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.
Any animal designated as domestic by regulations promulgated
by the Department of Fish and Game.
A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Any person, business, corporation, entity, or society, other
than the owner, harboring or having possession of a dog.
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.
The Town Clerk.
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.
The Select Board.
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.
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.
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:
Is repeatedly found at large;
Damages the property of anyone other than its owner;
Molests or intimidates pedestrians or passersby;
Chases vehicles;
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);
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;
Causes unsanitary conditions in enclosures or surroundings where
the dog is kept or harbored;
Is offensive or dangerous to the public health, safety, or welfare
by virtue of the number and/or types of dogs maintained;
Attacks other domestic animals;
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;
Is a female dog in heat not confined to a building or secure
enclosure; or
Has bitten any person.
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.
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.
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.
Any establishment maintained and operated by a Massachusetts
licensed veterinarian for routine care, surgery, diagnosis, and treatment
of diseases and injuries of animals.
A.
The Animal
Welfare Committee shall meet at the call of the Chairperson and do
the following:
(1)
Recommend to the Select Board rules and regulations concerning the
operation of the animal shelter, and standards for the collection,
care, custody and disposal of dogs at large and public nuisance dogs.
(2)
Review the proposed budget of the Animal Control Officer and operating
budget for the animal shelter and make recommendations to the Chief
of Police/Animal Control Officer.
(3)
Upon written request by the Select Board, review and recommend to
the Select Board permit applications, renewal permit applications
and applications to transfer ownership of existing permits, and recommend
revocation of permits or licenses.
(4)
Recommend to the Town necessary changes in the law regarding the
control of animals.
(5)
Interview all applicants for the Animal Control Officer's position
and recommend at least three candidates for the Animal Control Officer's
position to the Chief of Police/Select Board.
B.
The Animal Welfare Committee may at any time request the Animal Control
Officer to inspect any commercial animal establishment or private
animal holding facility.
The Animal Control Officer shall:
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.
A.
Any person owning, keeping, harboring, or having custody of any dog
over six months of age within the Town of Mansfield must obtain a
license as herein provided.
B.
Written application for licenses, which shall include name and address
of applicant, description of the animal, the appropriate fee, and
rabies certificate issued by a licensed veterinarian or anti-rabies
clinic, and proof of spaying/neutering of said dog issued by a licensed
veterinarian, shall be made to the licensing authority.
C.
If not revoked, licenses for keeping of dogs shall be for a period
of one year.
D.
Application for a license must be made within 30 days after obtaining
a dog or when the dog reaches six months of age; this requirement
will not apply to a nonresident keeping a dog within the Town of Mansfield
for not longer than 60 days.
E.
License fees shall not be required for certified Seeing Eye dogs,
hearing dogs, governmental police dogs, or other certified dogs that
are trained to assist the physically handicapped.
F.
Upon acceptance of the license application and fee, the licensing
authority shall issue a durable tag or identification collar, stamped
with an identifying number and the year of issuance. Tags should be
designed so that they may be conveniently fastened or riveted to the
dog's collar or harness.
G.
Dogs must wear identification tags and collars at all times when
off the premises of the owners.
H.
The licensing authority shall maintain a record of the identifying
tags issued and shall make this record available to the public at
all times.
I.
Effective January 1990, the licensing period shall begin January
1 and shall run until December 31, both dates inclusive. A license
application may be made 30 days prior to the start of the licensing
period and up to April 30.
J.
Persons who fail to obtain a license as required with the time period
specified in this section will be subject to a late fee of $15.
L.
A duplicate license may be obtained upon payment of a replacement
fee of $1.
M.
No person may use any license for any dog other than the dog for
which it was issued.
A.
No person, partnership, or corporation shall operate a commercial
animal establishment or animal shelter without first obtaining a permit
in compliance with this section.
B.
The permit granting authority shall promulgate regulations for the
issuance of permits and shall include requirements for humane care
of all animals and for compliance with the provisions of this bylaw
and other applicable laws. The permit granting authority may amend
such regulations from time to time as deemed necessary for public
health and welfare and for the protection of animals.
C.
A permit shall be issued upon payment of the applicable fee and when
a permit applicant has shown that they are willing and able to comply
with the regulations promulgated by the permit granting authority,
and an inspection of facility has been satisfactorily completed by
the Animal Control Officer and signed off by the Animal Welfare Committee/Chief
of Police.
D.
Reapplications for a permit shall follow the same procedures as outlined in § 89-4D, and facilities must be reinspected on a yearly basis by the Animal Control Officer.
E.
Effective January 1990, the permit period shall begin January 1 and
shall run until December 31, both dates inclusive. A permit application
may be made 30 days prior to the start of the permit period and up
to April 30.
F.
If there is a change in ownership of a commercial animal establishment,
within 30 days the new owner must have the current permit transferred
to their name upon payment of a transfer fee of $10 after the Animal
Control Officer has inspected the premises.
G.
Fees.
(1)
Annual
permits shall be issued upon payment of the applicable fee:
(2)
No fee may be required of any veterinary clinic and/or hospital or
animal shelter.
(3)
Failure to obtain a permit before opening any facility covered in
this section shall result in a fine of $100.
(4)
Any person who has a change in the category under which a permit
was issued shall be subject to reclassification and readjustment of
the permit fee.
A.
After an application is filed, the Animal Control Officer shall inspect the facility prior to the permit granting authority issuing the permit. The permit granting authority may revoke any permit of any commercial animal establishment if the applicant refuses or fails to comply with §§ 89-5 and 89-6 of this bylaw, the regulations promulgated by the permit granting authority, or any law governing the protection and keeping of animals.
B.
Any person whose permit or license is revoked shall, within 10 days
thereafter, humanely dispose of all animals owned, kept, or harbored.
No part of the permit or license fee shall be refunded.
C.
It shall be a condition of the issuance of any permit or license
that the Animal Control Officer and police shall be permitted to inspect
all animals and the premises where animals are kept at any time and
shall, if permission for such inspection is refused, revoke the permit
or license of the refusing owner.
D.
If the applicant has withheld or falsified any information on the
application, the permit granting authority shall refuse to issue a
permit or license or revoke any permit or license already issued.
E.
No person who has been convicted of cruelty to animals shall be issued
a permit or license to operate a commercial animal establishment or
own/keep any domestic animals in the Town of Mansfield.
F.
Any person having been denied a license or permit may not reapply
for a period of 30 days. Each reapplication shall be accompanied by
a fee of $10.
A.
All dogs shall be kept under restraint.
B.
No owner/keeper shall fail to exercise proper care and control of
their dogs to prevent them from becoming a public nuisance.
C.
Every female dog in heat shall be confined to a building or secure
enclosure in such a manner that such female dog cannot come into contact
with a male dog except for planned breeding.
E.
A dangerous dog, as determined by the Select Board, shall be restrained/euthanized
following the Select Board's determinations per MGL c. 140, § 158.
A.
Unrestrained dogs and nuisance dogs shall be taken by the Animal
Control Officer and impounded in an animal shelter and there confined
in a humane manner.
B.
If, by a license tag or other means, the owner of an impounded dog
can be identified, the Animal Control Officer shall immediately upon
impoundment notify the owner by telephone or certified mail.
C.
An owner reclaiming an impounded dog shall pay a fine of $25 for
the first offense, plus $10 for each day the dog has been impounded.
Subsequent impounds shall be charged $50 for each impoundment, plus
$10 for each day the dog has been impounded, and subject to the loss
of dog license. If the impounded dog is found to be unlicensed, the
owner must obtain a license from the licensing authority prior to
reclaiming the impounded dog.
D.
The Town of Mansfield shall take ownership of any impounded dog not
reclaimed by its owner within 10 consecutive working days from the
date of impoundment.
E.
Impounded dogs shall be kept for not fewer than 30 days after the
Town of Mansfield has taken ownership, except in the absence of an
active Animal Welfare Committee, the Chief of Police may authorize
the destruction of an impounded dog at any time after the ten-day
impoundment. Within the 30 days, the Animal Control Officer and/or
the Animal Welfare Committee/Chief of Police may place dogs in a suitable
home or destroy dogs in a humane manner if found to be vicious, sickly,
or not suitable for placement.
F.
No dogs shall be destroyed by the Animal Control Officer without
prior approval from the Animal Welfare Committee or the Chief of Police.
G.
No dogs impounded by the Town of Mansfield shall be sold to research
institutions from the animal shelter.
H.
In addition to, or in lieu of, impounding a dog found at large, the
Animal Control Officer or police officer may issue to the known owner
of such dog a notice of bylaw violation. Such notice shall impose
upon the owner a penalty of $25 for the first violation or $50 for
each subsequent bylaw violations.
I.
The owner of an impounded dog may also be proceeded against for violation
of this bylaw.
J.
The Animal Control Officer shall review automatically all licenses
issued to dog owners against whom three or more bylaw violations have
been assessed.
K.
The Animal Control Officer shall keep complete records of the care,
feeding, veterinary treatment and disposition of all dogs impounded
at the shelter.
A.
No owner or keeper shall fail to provide their animal with sufficient
wholesome and nutritious food, water in sufficient quantities, proper
air, shelter space and protection from the weather, veterinary care
when needed to prevent suffering and humane care and treatment.
B.
It shall be unlawful for the owner or keeper of any dog, cat or ferret
over the age of six months of age to keep or maintain such animal
unless the animal has been vaccinated by a licensed veterinarian with
anti-rabies vaccine. Said anti-rabies vaccine must be kept current
throughout the life of the animal as certified by a licensed veterinarian.
C.
No person shall beat, cruelly ill-treat, torment, overload, or otherwise
abuse an animal, or cause, instigate, or permit a dog fight or other
combat between animals or between animals and humans.
D.
No owner or keeper of a dog, cat or ferret shall abandon such dog,
cat or ferret.
E.
No person shall crop a dog's ears or dock a dog's tail, except when
performed by a licensed veterinarian.
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.
A.
No unclaimed dog or cat shall be released for adoption without being
sterilized or without written agreement from the adopter guaranteeing
that such dogs or cats will be sterilized within 30 days for adults
and a specified date in the contract for pups or kittens under six
months of age. A deposit of not less than $40 for dogs or cats must
be paid at the time of adoption for dogs or cats to be sterilized
after adoption.
B.
Once the dog or cat has been sterilized, the deposit will be refunded
after evidence from a licensed veterinarian of the sterilization procedure
being completed.
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.
