The following words as used in Chapter
109, Articles
II and
III, shall have the following meanings unless the context requires otherwise:
ATTACK
Aggressive physical contact initiated by an animal.
DANGEROUS DOG
A dog that either (i) without justification, attacks a person
or domestic animal causing physical injury or death; or (ii) behaved
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.
DOMESTIC ANIMAL
An animal designated as domestic by regulations promulgated
by the Department of Fish and Game.
EUTHANIZE
To take the life of an animal by administration of barbiturates
in a manner deemed acceptable by the American Veterinary Medical Association
Guidelines on Euthanasia.
INTACT
A dog, whether male or female which has not been spayed or
neutered.
KEEPER
A person, business, corporation, entity or society, other
than the owner, having possession of a dog.
NUISANCE DOG
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.
A person who owns or keeps a dog within the territorial limits
of the Town of Ipswich shall not permit nor shall allow such a dog
to be at large in the Town other than on the premises demised to its
owner or keeper, unless said dog is restrained by being kept on a
leash not exceeding six feet in length.
Whoever is the owner or keeper of a dog, cat, or ferret six
months of age or older shall cause such dog, cat, or ferret to be
vaccinated against rabies in accordance with MGL c. 140 § 145B.
Violators of this subsection shall be punished by a fine of $50 for
each offense.
Any person who owns, possesses or controls an intact dog, whether the dog be male or female, shall cause such dog to be confined in a building or secure enclosure in such a manner that such dog cannot come in contact with another animal except for planned breeding, or the dog must be on a leash no longer than six feet in length with a capable adult. A violation of this subsection shall be punishable in the same manner as established in §
109-5 of this Animals Bylaw.
[Amended 5-14-2019 ATM by Art. 14, approved by the Attorney General 9-5-2019]
A. No person
owning, keeping, or otherwise responsible for a dog or dogs shall
allow said dog or dogs to annoy another person by making loud or continuous
noise, where such noise would be found by a reasonable person to be
disruptive to one' s quiet and peaceful enjoyment. Continuous and
clearly audible barking, whining, crying or howling by a dog or dogs
is prima facie evidence of a violation, if:
(1) It
occurs between the hours of 10:00 p.m. and 7 a.m. of the next day;
or
(2) It
is in excess of 45 minutes between 7:00 a.m. and 10:00 p.m.
B. If observed by the Animal Control Officer, or any other officer authorized to enforce this section, or an investigation substantiates an excessive noise complaint under this bylaw, said officer will issue a written warning for the first offense and a fine of $25 for each subsequent offense. Nothing in this subsection shall interfere with a person' s right to file for a Nuisance Dog Hearing under §
109-13 of these bylaws.
C. Any person
owning, possessing or controlling a dog in the Town of Ipswich shall
not allow or permit said dog be a nuisance dog or a dangerous dog,
as defined by MGL c. 140, § 136A. The Animal Control Officer
or any other officer authorized to enforce this Section may capture
and hold any dog running at large in order to protect public safety,
pending a hearing and decision by the Select Board upon such complaint.
The Animal Control Officer or any other officer authorized to enforce
this Section may also issue an order to remove or temporarily ban
any dog that is the subject of a complaint as a dangerous dog from
any street, sidewalk, park or any other public area in order to protect
public safety, pending a hearing and decision by the Select Board.
Any person owning, possessing or controlling a dog in the Town
of Ipswich shall not allow or permit said dog to be chained or tethered,
as defined by MGL c. 140 § 174E. An initial violation of
this subsection shall be punished by a written warning, or a fine
of $50, for a second offense, be punished by a fine of $200 and for
a third or subsequent offense, be punished by a fine of $500, and
be subject to impoundment of the dog in a local shelter at the owner's,
keeper's or guardian's expense pending compliance with this section,
or loss of ownership of the dog.
Any person owning, possessing, or controlling a dog in the Town
of Ipswich shall not allow or permit said dog to be confined, as defined
by MGL c. 40 § 174E. An initial violation of this subsection
shall be punished by a written warning, or a fine of $50, for a second
offense, be punished by a fine of $200 and for a third or subsequent
offense, be punished by a fine of $500, and be subject to impoundment
of the dog in a local shelter at the owner's, keeper's or guardian's
expense pending compliance with this section, or loss of ownership
of the dog.
Any person owning, possessing or controlling an animal in the
Town of Ipswich shall not allow or permit said animal to be confined
inside of a motor vehicle in a manner that could reasonably be expected
to threaten the health of the animal due to exposure to extreme hot
or cold. The process of removing an animal from a motor vehicle will
be as defined by MGL c. 140, § 174F. An initial violation
of this subsection shall be punished by a fine of $150, and for a
second offense and subsequent offense, be punished of a fine of $300.
Nothing in this subsection shall preclude prosecution under MGL c.
272, § 77.