[Amended 6-3-2025 ATM by Art. 17]
[HISTORY: Adopted by the Town Meeting of the Town of Whately as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-28-2015 ATM by Art. 21[1]]
[1]
Editor's Note: This article superseded former Art. I, Dogs, adopted 4-26-1994 ATM by Art. 16, as amended 6-20-2000 STM by Art. 1.
[Amended 6-3-2025 ATM by Art. 17]
As set forth in MGL c. 140, § 136A to 174G, and below, the following words shall have the following meanings:
Aggressive physical contact initiated by an animal.
An establishment used for boarding, holding, day care, 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 or 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:
An animal designated as domestic by regulations promulgated by the Department of Fish and Game.
A facility operated, owned or maintained by a domestic charitable corporation registered with the Department of Agricultural Resources or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates consistent with such purposes while providing veterinary treatment and care.
To take the life of an animal by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia.
The Selectboard or its designee is charged with the responsibility of handling dog complaints in the Town of Whately.
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 period of time for which a municipal licensing authority prescribes the validity of a dog license, including the date of issuance of the license through the date on which the license expires, inclusive.
A person who owns and maintains a kennel that has received a kennel license from the relevant licensing authority.
The Town Clerk of the Town of Whately.
A fowl or other animal kept or propagated by the owner for food or as a means of livelihood, deer, elk, cottontail rabbit, northern hare, pheasant, quail, partridge and other birds and quadrupeds determined by the Department of Fisheries, Wildlife and Environmental Law Enforcement to be wild and kept by, or under a permit from, the Department in proper houses or suitable enclosed yards; provided, however, that "livestock or fowl" shall not include a dog, cat or other pet.
A dog that:
By excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or
By excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or
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 pack or collection of more than four dogs, three months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting, or showing the breed or for use in legal sporting activity or for other personal reasons; provided, further, that selling, trading, bartering or distributing such breeding for 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 a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally owned dog; and 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 for profit.
A public animal control facility or other facility which is operated by an organization or individual for the purpose of protecting animals from cruelty, neglect or abuse.
A veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that "veterinary kennel" shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary care.
[Amended 11-12-2024 STM by Art. 8; 6-3-2025 ATM by Art. 17]
A.
The registering, numbering, description and licensing, pursuant to the provisions of MGL c. 140, of all dogs and all kennels in the Town of Whately shall be conducted in the office of the Town Clerk between March 1 and June 1 of each year. The dog and kennel license year shall begin on June 1 and end on May 31 of the following year. Licensing shall be in accordance with MGL c. 140, §§ 137 and 137A.
B.
Except as provided by MGL c. 140, §§ 137 and 137A, the fees shall be as prescribed in MGL c. 140, except that the annual fee for the licenses shall be:
(1)
Male 2 years old or older: $15.
(2)
Female 2 years old or older: $15.
(3)
Neutered male: $10.
(4)
Spayed female: $10.
(5)
(6)
Duplicate tag: $1.
(7)
Transfer license: $2.50.
D.
The fees collected shall be deposited in the Dog Licensing and Animal Control Revolving Fund.
A.
Any owner or keeper who allows his/her dog to do any of the following is in violation of the bylaw:
(1)
Run at large or go beyond the confines of his or her property unless the animal is held firmly on a leash or under the verbal control of the owner or keeper.
(2)
Bite, bark, howl or in any other manner disturb the peace or quiet of any neighborhood or endanger the safety of any person.
(3)
Run at large or unmuzzled in violation of any order of the Selectboard or of the Animal Control Officer.
(4)
Worry, kill, maim or otherwise injure another's fowl, livestock or domestic animal.
(5)
Chase another's vehicle, person or bicycle on any way open to public travel.
(6)
Be unlicensed or untagged in violation of state law.
B.
Failure to remove waste.
(1)
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 areas or on any private property which is not owned or occupied by such person.
(2)
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 device which is suitable for picking up and containing feces unexposed to such person and to the general public.
A.
Complaints.
(1)
Any person may complain to the Animal Control Officer of a violation of the preceding sections. On receipt of such a complaint, the officer shall investigate and may order the owner or keeper of the dog to restrain or muzzle the dog as the officer deems necessary. The officer may file a report with the Selectboard in accordance with MGL c. 140, § 157.
(2)
In addition to the above, any person may make a written complaint to the Selectboard that any dog owned or kept within the Town is a nuisance dog or a dangerous dog, as those terms are defined in MGL c. 140, § 136A. The Selectboard shall investigate or cause to be investigated such complaint, including an examination under oath of the complainant at a public hearing to determine whether the dog is a nuisance dog or a dangerous dog, and shall make such order concerning the restraint or disposal of such dog as provided in MGL c. 140, § 157. Violations of such orders shall be subject to the enforcement provisions of MGL c. 140, §§ 157 and 157A, which, upon conviction, may include: for a first offense, a fine of not more than $500 or imprisonment for not more than 60 days in a jail or house of correction, or both; and for a second or subsequent offense by a fine of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction.
B.
The Animal Control Officer may pick up nonconforming dogs as described in § 65-4. If by license or other means the owner of a dog can be identified, the Animal Control Officer may return the dog to the owner and issue a citation, or he/she may confine the dog to an appropriate facility within the Town of Whately for not more than seven days or at the Franklin County Sheriff's Office Regional Dog Shelter and Adoption Center.
C.
If a veterinarian certifies that a dog is seriously injured or ill, the dog may be euthanized before the seven days is over.
D.
No dog shall be released until it is licensed and all kennel fees and penalties are paid. Kennel fees shall be set from time to time by the Selectboard and shall reflect the cost for boarding and care of a dog on a daily basis.
E.
Any dog not claimed after seven days may become the property of a local nonprofit humane organization to be placed for adoption or euthanized.
Penalties for violation of any section of this bylaw shall be $50 for the first offense, $100 for the second offense, and $200 for any additional offense. Each day a violation exists shall constitute a separate violation with the exception of § 65-3. This bylaw may be enforced through any means available in law or in equity, including a noncriminal disposition in accordance with MGL c. 40, § 21D, and MGL c. 140, § 173A. Noncriminal disposition penalties may be issued by any member of the Selectboard and/or the Animal Control Officer.
If any dog shall do any damage to either the body or property of any person, the owner or keeper or, if the owner or keeper be a minor, the parent or guardian of such minor shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting, or abusing such dog, and the burden of proof thereof shall be upon the defendant of such action.
[Amended 11-12-2024 STM by Art. 8]
A.
Whoever suffers loss by the worrying, maiming or killing of his livestock or fowls by a licensed or unlicensed dog or dogs, outside the premises of the owner or keeper of such dog or dogs, may inform the Animal Control Officer, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by the dogs and, if so, appraise the amount thereof if it does not exceed $100.
B.
If, in the opinion of said Animal Control Officer, the amount of said damage exceeds $50, the damage shall be appraised, on oath, by three persons acting as appraisers. The appraisers shall be comprised of the Chairman of the Selectboard, the Chief of Police or his designee and a person designated by the person alleged to be damaged. Said appraisers shall determine, if possible, the owner of the licensed or unlicensed dogs and present said dog owner, by certified mail, with such evidence and a certificate of damage to include the labor and time necessary expended in the finding and collecting of the livestock or fowl injured or separated and the value of the lost or otherwise damaged livestock or fowl. Awards shall in no case exceed the fair cash market value of such livestock or fowl. Said dog owner shall pay the aggrieved person for the damage within 30 days of receipt of the certificate of damage. The aggrieved person shall have the right to take District Court action if said dog owner fails to comply with the required payment.
C.
If the appraisers cannot determine the owner of the licensed or unlicensed dog or dogs, then payment shall be made from the Dog Licensing and Animal Control Revolving Fund.
[Amended 11-12-2024 STM by Art. 8]
No owner of livestock or fowls shall be reimbursed for damages inflicted by his own dog or dogs, nor shall he be reimbursed for any damage by any dog if, at the time such damage was inflicted, he was himself the owner or keeper of an unlicensed dog of the age of three months or older. No reimbursement shall be made on account of damages by a dog to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge and other livestock or fowls determined by the Department of Fish and Game and Environmental Law Enforcement to be wild unless they are kept by, or under permit from, said Department, nor unless they shall be kept in proper houses or in suitable enclosed yards. No reimbursement shall be made for damage by a dog to dogs, cats and other pets. Awards shall in no case exceed the fair cash market value of such livestock or fowls.
[Added 6-3-2025 ATM by Art. 17]
A person maintaining a kennel shall obtain a kennel license. The licensing authority shall issue, suspend, renew and revoke kennel licenses as specified in MGL c.140, § 137A and any other law. In the case of an applicant for initial licensure or license renewal, the licensing authority shall deny a kennel license until a kennel has passed inspection by an animal control officer.
A.
The period of time for which a kennel license shall be valid is June 1 through May 31 of the following year. A dog under the age of three months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer. A kennel that owns or keeps a dog over the age of six months shall comply with MGL c. 140, § 145B.
B.
A commercial boarding or training kennel shall maintain records of individual dog licenses and rabies vaccinations, as required in MGL c. 140, § 137, for all dogs in its care.
C.
The licensing authority shall specify on the license the type of kennel and the maximum number of animals that may be maintained by the licensee. Such number shall be determined by the licensing authority and the animal control officer following the required inspection. For commercial boarding or training kennels, the number of animals shall be determined following the required inspection and in accordance with regulations promulgated pursuant to MGL c. 140, § 174G, to ensure the property can support the number of animals while ensuring their health and safety.
D.
The Selectboard, the Town Administrator, chief of police, or animal control officer shall inspect or cause the inspection of every kennel licensed within the Town at least once per year. If a licensee or a person applying for a license to maintain a kennel refuses to allow an inspector to enter and inspect a kennel, the refusal shall be grounds for denial, suspension, or revocation of the license.
E.
25 citizens of the town may file a petition with the Selectboard stating that they are aggrieved or annoyed to an extent that constitutes a nuisance by a dog maintained in the town due to excessive barking or other conditions connected with a kennel. The Selectboard shall, not more than seven days after the filing of such petition, give notice to all interested parties of a public hearing. The hearing shall be held not more than 14 days after the date of the notice. The Selectboard shall, not more than seven days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order: i) suspend the license; ii) revoke the license; iii) further regulate the kennel; or iv) dismiss the petition.