As used in this chapter, the following terms shall mean:
ANIMAL
Any live, vertebrate or nonvertebrate creature, domestic
or wild, excluding Homo sapiens.
ANIMAL EXHIBITION
Any spectacle, display, act or event, other than circuses,
in which animals are used.
ANIMAL SHELTER
Any facility operated by a humane society, a county or municipal
agency or its authorized agents for the purpose of impounding or caring
for animals held under the authority of this chapter or any law of
the Commonwealth of Massachusetts.
CIRCUS
A commercial variety show featuring animal acts for public
entertainment.
DANGEROUS DOG
A "dangerous or vicious dog," as the term is used in this
chapter, shall mean any dog with a propensity, tendency or disposition
to attack, to cause injury or to otherwise endanger the safety of
human beings or domestic animals; or any dog which attacks a human
being or a domestic animal on two or more occasions without provocation.
GUARD DOGS
Dogs which meet the provisions of MGL c. 129, § 39B.
HUMANE OFFICER
Any person designated by the Commonwealth of Massachusetts,
a municipal government or a humane society as a law enforcement officer
who is qualified to perform such duties under MGL c. 147, § 10.
KENNEL
Any premises wherein any person, partnership or corporation
engages in the business of boarding, breeding, buying, letting for
hire, training for a fee or selling dogs, or engages in training dogs
for guard or sentry purposes or every pack or collection of more than
three dogs three months old or over owned or kept on a single premises,
irrespective of the purpose for which they are maintained.
OWNER
Any person, partnership or corporation owning, keeping or
harboring one or more animals. An animal shall be deemed to be harbored
if it is fed or sheltered for 48 hours.
PET
Any nonfarm animal kept for pleasure.
PUBLIC NUISANCE
Any animal which:
A.
Molests passersby or passing vehicles.
C.
Trespasses on school grounds, except for a school mascot or
service animal.
D.
Is at large in violation of this chapter.
E.
Damages private or public property.
F.
Barks, whines or howls and disturbs the peace and tranquility
of an area.
G.
Bites or attacks any persons.
RESTRAINT
Dogs must be on a leash not more than six feet long, except
when the dog is confined in a fenced-in area or pen.
SERVICE ANIMALS
Dogs that are individually trained to do work or perform
tasks for people with disabilities.
SNAKE
Any limbless reptile having a scaly body, whether poisonous
or not.
VETERINARY HOSPITAL OR CLINIC
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases and inquiries of
animals.
VICIOUS ANIMAL
Any animal or animals that constitute a physical threat to
human beings or other animals.
ZOOLOGICAL PARK
Any facility, other than a pet shop or kennel, displaying
or exhibiting one or more species of domesticated or nondomesticated
animals, operated by a person, partnership, corporation or government
agency.
Except as otherwise provided for in this chapter:
A. Any person violating any provision of this chapter shall be punished
by a fine of not less than $10 and not more than $300.
B. If any violation is continuing, each day's violation shall be deemed
a separate violation.
C. Any person found in violation of any part of this chapter by the
Board of Health or a court shall have his/her permit to own, keep,
harbor or have custody of animals revoked, and no new permit will
be issued.
The minimum standards of animal care must meet all requirements
of state and federal laws.
The keeping of wild animals must meet all requirements of state
and federal laws and fish and wildlife laws.
The Mayor may designate the Board of Health Commissioners or
their appointees as the authority to fulfill such responsibilities
of the City as he deems proper, which are set out in this chapter.
Notice of such designation shall be filed with the City Clerk no less
than 15 days before the effective date of any such designation or
appointment.
No swine shall be kept or maintained within the limits of the
City, except for the purpose of immediate slaughtering.
No fowl shall be kept or maintained within the limits of the
City except where allowed by rules and regulations promulgated by
the Board of Health.
No person shall permit any sheep, goat, swine, mule, ass, horse
or meat cattle belonging to him or under his control to go at-large
or depasture in any street, lane or alley or on any common in the
City.
No person shall permit any goat, sheep, swine, horse, mule,
ox or cow under his care to go upon any sidewalk in the City, except
for the purpose of crossing such sidewalk to go to or from some adjourning
enclosure.
No person shall permit any horse, cow, swine or goat or other
grazing animal to go at-large in any street.
No person shall tie a horse or other animal to a tree, lamppost
or hydrant which is on City property.
No unclaimed dog shall be released for adoption without being
sterilized or without written agreement from the adopter guaranteeing
that such animal will be sterilized, and a deposit of at least $35
must be paid at the time of adoption, $25 to be refunded after proof
of sterilization.
The provisions of §
144-23 shall not apply to so-called "dangerous and vicious dogs" or so-called "pit bulls" when said dogs are part of a performing dog show, circus or animal exhibition that meets all of the requirements of state and federal laws regarding such performances or exhibitions.