[Amended 5-11-2015 ATM
by Art. 17]
The following words and phrases as used in this bylaw, unless
the context requires otherwise, shall have the following meanings:
A dog that either: (i) without justification, attacks a person
or domestic animal causing physical injury or death; or (ii) behaves
in a manner that a reasonable person would believe poses an unjustified
imminent threat of physical injury or death to a person or to a domestic
or owned animal.
An animal designated as domestic by regulations promulgated
by the Department of Fish and Game.
Board of Selectmen of the Town of Millville.
A person, business, corporation, entity or society, other
than the owner, 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 of the Town of Millville.
April 1 through March 31 of the following calendar year.
A license issued on or after April 1 is valid through March 31 of
the following calendar year unless it is earlier invalidated or revoked
as provided in this bylaw or applicable law.
A dog that: (i) by excessive barking or other disturbance,
is a source of annoyance to a sick person residing in the vicinity;
or (ii) by excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's
quiet and peaceful enjoyment; or (iii) has threatened or attacked
livestock, a domestic animal or a person, but such threat or attack
was not a grossly disproportionate reaction under all the circumstances.
Includes corporations, societies, associations, partnerships,
and individuals.
The Town of Millville.
A.
No person shall permit a dog owned or kept by him/her beyond the
confines of the property of the owner or keeper unless the dog is
held firmly on a leash. The length of the leash shall not exceed six
feet when off the property of the owner or keeper. An owner or keeper
may use a leash of greater length to restrain a dog on the property
of the owner or keeper, provided the dog is securely confined to the
premises of the owner or keeper.
B.
Exceptions. Animals which are classified as hunting or sporting dogs,
as well as working dogs, while used in such capacity, are excepted.
The unauthorized presence of any animal on public lands or on
the land of any person other than the owner or keeper of such animal
when such animal is not restrained as above mentioned shall be prima
facie evidence of a violation of the provisions of this bylaw.
A violation of this chapter shall be punishable by a fine of $25 per offense, with the exception of a failure to license a dog, which shall be punishable by a fine of $50; failure to leash a dog, which is punishable by a fine of $50; or failure to vaccinate against rabies, which shall be punishable by a fine of $100 in accordance with MGL c. 140, § 145B. In addition to any other legal remedies that may be available, the Animal Control Officer or other designated enforcing person may enforce these penalties through noncriminal disposition as set forth in Chapter 1, General Provisions, Article I, § 1-3, of the Town Code.
[Amended 11-18-2013 STM
by Art. 9; 5-11-2015 ATM by Art.
17]
A.
License required. Any owner or keeper of a dog over the age of six
months in the Town of Millville shall cause that dog to be licensed,
as required by MGL c. 140 before May 30 of each licensing period or
within 30 days after the dog becomes six months old. The Town Clerk
shall be the licensing authority, and the registering, numbering,
describing and licensing of a dog shall be conducted in the office
of the Town Clerk.
B.
Annual dog license. The annual fee for every dog license, except
as otherwise provided for by law, shall be $15, unless a certificate
is presented to the Town Clerk, from the veterinarian who performed
the operation, stating that such dog has been altered and has thereby
been deprived of the power of breeding or producing offspring, in
which case the fee shall be $10. If the Town Clerk is satisfied that
the certification by the veterinarian who altered the dog cannot be
obtained, he may accept, in lieu thereof, a receipt of a bill from
the veterinarian who performed such procedure or a statement, signed
under the penalties of perjury, by a registered veterinarian practicing
in the Commonwealth which describes the dog and states that he has
examined the dog and in his opinion the dog appears to have been spayed
or neutered and to be incapable of propagation. Until the veterinarian
has examined the dog in question, the licensing period shall be at
a rate of $15. No license for a dog may be granted unless the owner
of the dog provides the Town Clerk with a veterinarian's certification
that the dog has been vaccinated in accordance with MGL c. 140, § 145B,
or a veterinarian's certification that such dog is exempt from
the vaccination requirement under said § 145B, or a notarized
letter from a veterinarian that either of these certifications was
issued relative to such dog. No fee shall be charged for a license
for a service animal as defined by the Americans with Disabilities
Act or regulations promulgated thereunder. No fee shall be charged
for residents aged 70 1/2 or over. No license shall be required
for a dog or cat housed in a research institution as defined in MGL
c. 140.
C.
Annual kennel license. The annual fee for every kennel license shall
be as follows: 4 dogs or less, $50; 10 dogs or less, $75; and 25 dogs
or less, $100. The licensing authority shall issue a kennel license
without charge to a domestic charitable corporation incorporated exclusively
for the purpose of protecting animals from cruelty, neglect or abuse
or for the relief of suffering of said animals.
D.
No license fee or part thereof shall be refunded because of the subsequent
death, loss, spaying, neutering or removal from the Commonwealth or
other disposition of the dog, nor shall a license fee or part thereof
paid by mistake be recovered after it has been paid over to the Town.
E.
The licensing period for dogs and kennels shall be April 1 through
March 31.
F.
Should any owner or keeper of a dog fail to license that dog before
May 30, that owner or keeper shall pay a late fee of $25 plus an additional
fee of $1 per month beginning May 30, before being eligible to obtain
said license. In the case of a dog brought into the Town from another
state or country as described in MGL c. 140, § 138, the
owner or keeper of the dog shall cause the dog to be licensed within
30 days after the arrival of such dog within the commonwealth, and
a late fee shall be applicable from the 61st day after the arrival
of such dog.
G.
Any person maintaining a kennel in the Town without first obtaining
a license, and any person maintaining a kennel in the Town who fails
to pay the annual kennel fee before May 30 of each licensing period,
shall pay a late fee of $25 plus an additional fee of $5 per month
before being eligible to obtain said license.
H.
Such fees as collected shall be accounted for and paid over to the
Treasurer/Collector to be incorporated into the General Fund, or in
accordance with a MGL c. 44, § 53E1/2 revolving fund created
and approved by Town Meeting.
The Animal Control Officer shall be the enforcing authority and any offense hereunder shall constitute a violation of this chapter, subject to the penalties provided for in § 40-4. The Animal Control Officer can impound a dog for the following offenses:
A.
Unlicensed dog.
B.
Found at large when owner or keeper is not present.
C.
Injuring or menacing a person.
D.
Injuring a domestic animal or fowl.
E.
Chasing vehicles (autos, motorcycles, trucks).
F.
Chasing bicycles.
G.
Causing any disturbance (barking, howling, disturbing peace, etc.).
H.
Being unmuzzled while a muzzling order is in effect.
I.
Being found in a schoolyard or posted recreational area.
J.
Violation of a quarantine.
B.
Only the Animal Control Department has the power to grant exceptions or remove muzzle orders. For example, the Animal Control Department may grant an exception for "feeding times" or may remove the muzzle order if satisfied the animal no longer poses a risk of committing any of the offenses in Subsection A requiring muzzling.
An animal determined to have bitten a person shall be quarantined
subject to MGL c. 129, § 21. Any and all violations of a
quarantine order will be subject to general penalties under MGL c.
129, § 30.
A.
A storage fee for the boarding of impounded animals shall be levied
at a rate of not less than $25 per day.
B.
Impounded unlicensed dogs will be kept for seven days. During such
time, a description of the dog will be posted at the Municipal Center.
To obtain the release of an unlicensed dog, the owner or keeper must
license the dog and pay all fines and storage fees. If the dog must
be released for the purpose of obtaining a rabies inoculation, the
owner or keeper shall leave a deposit of $50 with the Town Clerk.
This deposit will be refunded at the time of licensing, provided the
rabies inoculation and license is obtained within seven days, after
which the deposit becomes nonrefundable. In lieu of leaving a deposit
of $50 with the Town Clerk, the owner or keeper may provide a dated
receipt from a local veterinarian's office evidencing prepayment of
a rabies inoculation. If the dog is not claimed within seven days,
it shall become available for adoption or be destroyed in a humane
manner.
C.
The owner of an impounded licensed dog will be notified by registered
mail of the animal's confinement. The animal will be kept until the
owner pays all fines and storage. If not claimed within 30 days, the
dog shall become available for adoption or be destroyed in a humane
manner.
The Board of Selectmen shall appoint an Animal Control Officer
or Officers as are deemed necessary to administer and enforce this
bylaw and the sections of Massachusetts General Laws Chapter 140,
as amended, relating to dogs.
A.
No person shall house more than three dogs, aged six months or older,
on a single premises without first applying to the Town Clerk for
a kennel license. Upon review of the application, the Animal Control
Officer and/or his assistant(s), along with the Health Agent and/or
Zoning Enforcement Officer, shall inspect the facility prior to the
issuance of any kennel license. The Animal Control Officer (and/or
his assistants) and/or the Health Agent and/or Zoning Enforcement
Officer may deny the application if the facility is not in compliance
with any or all sections of this bylaw.
B.
It shall be a condition of the issuance of any kennel license that
the Animal Control Officer shall be permitted to inspect at any time
all animals and the premises where animals are kept. If permission
for inspection is refused, the Animal Control Officer shall revoke
the license of the refusing owner or keeper with no part of the fee
refunded.
C.
Any person who receives a kennel license shall erect a kennel in
accordance with the following specifications:
D.
No person convicted of cruelty to animals shall be issued a license
to operate a kennel.
E.
Any person or persons who hold a kennel license shall make available
to the Animal Control Officer and the Police Department an emergency
number where they can be reached.
F.
Kennel licenses shall be given only to people who apply under the
conditions of operating a breeding and/or boarding and/or grooming
facility and/or sporting facility as means of making money or as a
hobby.
G.
Kennel licenses shall not be given to any person who is not a resident
of the Town of Millville unless he/she is operating a commercial business.
H.
Pet stores shall not be required to carry a kennel license as long
as they are in accordance with MGL c. 129, § 39A.
A.
Each person who owns keeps or controls a dog within the Town shall
remove and dispose of any feces left by such dog on any sidewalk,
street, park, or other public area, or on any private property which
is not owned or occupied by such person.
B.
No person who owns, keeps or controls a dog within the Town shall
permit such dog to be on any sidewalk, street, park or other public
area unless such dog is accompanied by a person carrying a suitable
device for picking up and containing feces. Such device shall contain
the feces so as not to expose it to such person and to the general
public.
C.
For the purposes of this section, feces may only be disposed of at
a place suitable and regularly reserved for the disposal of human
feces or otherwise designated as appropriate by the Board of Health.
