Unless otherwise set out in this chapter, any term defined in
MGL c. 140, § 136A shall have the same meaning in this chapter,
and shall be expressly incorporated herein.
AT LARGE
Off the premises of the owner, and not under the control
of the owner or authorized escort either by leash, cord or chain.
CHAPTER
Chapter
6 of the Code of the City of Fall River, Massachusetts, unless otherwise stated.
DANGEROUS OR VICIOUS ANIMAL
Any animal that may be at large and/or with the same or similar
dangerous or vicious propensities as a dangerous or vicious dog. Any
provisions of this chapter applicable to dangerous or vicious dogs
shall be applicable to a dangerous or vicious animal.
DANGEROUS OR VICIOUS DOG
A.
Any dog which, according to the records of the appropriate authority,
has inflicted severe injury on a human being without provocation on
public or private property.
B.
Any dog which, according to the records of the appropriate authority,
has killed a domestic animal without provocation while off the owner's
property.
C.
Any dog owned or harbored on property known for drug trafficking
or gang activity.
D.
Any dog which, when unprovoked, chases or approaches a person
upon the streets, sidewalks or any public or private property in a
menacing fashion or apparent attitude of attack.
E.
Any dog with known propensity, tendency or disposition according
to the records of the appropriate authority to attack unprovoked,
to cause injury, or to otherwise threaten the safety of human beings
or domestic animals.
F.
Any dog which bites or attacks any persons.
DOG
Is intended to mean both male and female.
DOG OFFICER
The animal control officer in the City of Fall River.
DOG TRAINED FOR FIGHTING
Any dog owned or kept primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
KENNEL
Any premises wherein any person, partnership or corporation
engages in the business of boarding, breeding, buying, selling for
hire, training for a fee, selling dogs, or engages in training dogs
for guard or sentry purposes, or every pack or collection of more
than four dogs three months old or over owned or kept on a single
premises irrespective of the purpose for which they are maintained.
[Amended 10-24-2017 by Ord. No. 2017-24]
LICENSE PERIOD
The license period shall be from April 1 of each year to
March 31 of the following year.
LICENSING AUTHORITY
The City Clerk, as provided by the General Laws of the Commonwealth
of Massachusetts.
NUISANCE ANIMAL
A.
Any animal which molests passersby or passing vehicles, including
bicycles.
B.
Any animal which attacks other animals.
C.
Any animal which trespasses on school grounds.
D.
Any animal which is at large in violation of this chapter.
E.
Any animal which damages private or public property.
F.
Any animal which barks, whines, or howls and disturbs the peace and tranquility of an area as provided in §
6-14.
G.
Any dog which, on three separate occasions within a twelve-month
period, has been observed being unrestrained or uncontrolled off its
owner's premises as documented by the records of the animal control
officer for being unrestrained or uncontrolled off its owner's
premises.
OWNER
Any person or persons, firm, partnership, or corporation
owning, keeping, possessing, controlling or harboring one or more
animals. An animal shall be deemed to be harbored if it is fed or
sheltered for 10 days.
PERSON
Any person or persons, or any firms, associations, or corporations.
RESTRAINT
A leash not more than six feet long, or a fenced-in area
or pen as provided in this chapter.
UNTAGGED ANIMAL
An animal is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the animal.
[Amended 6-19-2006 by Ord. No. 2006-15]
A. There
shall be an Office of Animal Care and Control Services (ACCO) under
the control and jurisdiction of the Fall River Police Department.
This office shall consist of the following employees: 1) Supervisor
of Animal Control; and 2) animal control officers. The Supervisor
of Animal Control shall report directly to the Chief of Police. The
animal control officers shall report to the Supervisor of Animal Control
for routine and emergency matters weekdays, and to the Fall River
Police Department when the Supervisor is unavailable.
B. Duties and responsibilities. The employees of this department shall enforce all ordinances pertaining to animal welfare and control, as outlined in this chapter, including, but not limited to, §§
6-1 through
6-20, as well as any applicable Massachusetts General Laws pertaining to animal welfare and control. The Supervisor of Animal Control shall, within his first year of employment, become a certified animal control officer through the New England Animal Control Humane Academy or its equivalent.
No person shall interfere with, hinder or molest the dog officer or any police officer of this City in the performance of his duties under this chapter, or seek to release any animal in the custody of the dog officer or any police officer, except as provided in this chapter. Violators of this section shall be subject to a penalty as set forth in §
6-12 of this chapter.
In the discharge of the duties imposed by this chapter, the
dog officer or any police officer of this City shall have the authority
at all reasonable times to enter upon any premises, but such authority
should not include the right to enter any residence on such premises,
to examine a dog or other animal which is allegedly in violation of
a provision of this chapter. Such officer shall have the further authority
to take possession of any such dog or other animal and remove it from
such premises.
It shall be unlawful to abandon any animal within the City limits. Violators of this section shall be subject to a penalty as set forth in §
6-12 of this chapter.
Any dog confined by the dog officer, unless picked up by the
owner, shall be kept for at least 10 days, at which time said dog
may be disposed of in an authorized manner determined by the City
Administrator. At the end of the 10 days, the dog officer will transfer
any undiseased dog to an authorized shelter for possible adoption.
Any dog confined by the dog officer shall not be released to the owner
until the owner produces evidence of a current dog license, and pays
a sum equal to the per-day contract fee for care of the animal, with
each day or part of a day counted as one day.
All the provisions of MGL c. 140, §§ 167 and
168 shall be incorporated into this chapter, except that any dog held
under the provisions of MGL c. 140, § 167 may not be released
until all the requirements of this chapter regarding licensing and
the fee for care of the animal are complied with. All other provisions
of MGL c. 140, §§ 167 and 168 shall be incorporated
herein.
The dog officer (animal control officer) or any police officer
of the City of Fall River shall be enforcement officer for any violation
of this chapter. Such enforcement officer shall, in addition to any
pickup of the dog pursuant to this chapter, issue a citation to the
owner or keeper of any dog violating the provisions of the leash law
requirements of this chapter. Any such citation shall include, in addition to the violation
charged, the name and address of the owner or keeper of the dog, the
date, time and location of the alleged offense, and the amount of
the penalty due. Said citation shall be on a form prescribed by and
furnished by the Chief of Police and dog officer.
The owner or keeper of a dog that receives a citation under this chapter, may within 21 days, confess to the offense charged personally or through a duly authorized agent or by mailing to the City Clerk said citation along with payment in the amount as authorized under §
6-12 of this chapter. Said payment, if made through the mail, shall be by postal note, money order or check. The payment to the City Clerk shall operate as a final disposition of the case, when such payment is actually received by the City Clerk. If such person, when issued a citation, desires to contest the violation through the informal disposition process, he may, within 21 days of said issuance, request a hearing with the Director of Municipal Services or a hearing officer appointed by said director, and may present, either in person or by counsel, any evidence he may have to refute the allegation contained in the citation. At such hearing, the director or hearing officer shall make a determination as to the facts of the allegation, and said determination shall be final regarding the informal disposition process.
The following penalties (fines), except where indicated herein,
shall be in effect for violations of the provisions of this chapter:
A. Failure to leash dog (MGL c. 140, § 173): $25.
B. Barking/Nuisance dog (MGL c. 140, § 157): $25.
C. Failure to license (MGL c. 140, § 137; 141): $20.
D. Failure to vaccinate (MGL c. 140, § 145B): $50.
E. Failure to remove animal waste (MGL c. 140, § 173): $25.
F. Failure to muzzle/restrain vicious dog (MGL c. 140, § 167):
$100.
G. Dog trained for fighting (MGL c. 140, § 173): $200.
H. Abandonment (MGL c. 140, § 173): $50.
I. Interference with enforcement officer (MGL c. 140, § 147):
$50.
Persons authorized or directed by MGL c. 51, § 4,
or by any special law, to make lists of persons three years of age
or older shall make a list of all dogs owned by inhabitants of the
City of Fall River at the time of making lists required under such
section and return same in duplicate to the City Clerk on or before
April 1. An owner or keeper of a dog who refuses to answer or who
answers falsely to persons directed or authorized to make a list of
owners of dogs shall be punished by a fine of $50.
Any dog found within the limits of the City of Fall River, as determined by the animal control officer or any police officer, to be a dog trained for fighting, as that term is defined under §
6-1, shall be impounded and destroyed by the animal control officer. The animal control officer or any police officer may shoot any dog trained for fighting at any time, if it is reasonably believed that said dog approaches the officer in a menacing fashion and/or the officer reasonably believes that the dog is about to attack. An owner or keeper of a dog trained for fighting shall be subject to a fine of $200.
Except as specifically modified in this chapter, the provisions
of the following sections of Chapter 140 of the Massachusetts General
Laws shall be incorporated into and apply to this chapter: §§ 145B,
149, 155, 155A, 156, 157, 158, 159, 160, 161A, 168, 174A, 174B, and
174D, as well as any other section of Massachusetts General Laws referenced
herein (MGL c. 140, §§ 145B, 149, 155, 155A, 156 through
160, 161A, 168, 174A, 174B, and 174D).