[Adopted as Ch. 7, §§ 7-600, of the Codified
Ordinances]
The Town may create ordinances or bylaws relative to the licensing
and control of animals not inconsistent with MGL c. 140, §§ 136A
to 174E, inclusive, pursuant to MGL c. 140, § 173.
As used in this article, the following terms shall have the
meanings indicated:
A structure that is large enough for the animal to stand
naturally, turn around and lay down inside of the structure without
being exposed to the elements of weather. During cold weather, a moveable
flap shall be placed over the entrance to a dog shelter to preserve
the dog's body heat.
An appointed officer authorized to enforce MGL c. 140, §§ 137 through 174E, inclusive, and this Chapter 110.
Any dog which is off the owner's or keeper's property and
not under physical control of the owner or keeper, and any cat off
the owner's or keeper's property and not under physical control of
the owner or keeper.
Aggressive physical contact initiated by an animal.
Any dog or cat. Companion animal shall not include a "farm animal" as defined in § 110-1 of this chapter.
A dog that either: without justification, attacks a person
or domestic animal, causing physical injury or death; or behaves in
a manner that a reasonable person would believe poses an unjustified
imminent threat of physical injury or death to one or more persons,
domestic or owned animals. However, no dog shall be deemed dangerous:
Solely based upon growling or barking;
Based upon the breed of such dog;
If such dog was reacting to another animal or to a person and
such dog's reaction was not grossly disproportionate to any of the
following circumstances:
Such dog was protecting or defending itself, its offspring,
another domestic animal or a person from attack or assault;
The person who was attacked or threatened by the dog was committing
a crime upon the person or property of the owner or keeper of such
dog;
The person attacked or threatened by the dog was engaged in
teasing, tormenting, battering, assaulting, injuring or otherwise
provoking such dog; at the time of such attack or threat, the person
or animal that was attacked or threatened by such dog had breached
an enclosure or structure in which the dog was kept apart from the
public and such person or animal was not authorized by the owner of
the premises to be within such enclosure, including, but not limited
to, a gated, fenced-in area if the gate was closed, whether locked
or unlocked; provided, however, that if a person is under the age
of seven, it shall be a rebuttable presumption that such person was
not committing a crime, provoking the dog or trespassing.
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 hearing authority shall be comprised of the Town Clerk,
the Health Director and a designee from the Police Department chosen
by the Police Chief. The hearing authority shall create additional
procedures for the management of outdoor cat populations and the determination
of dangerous or potentially dangerous dogs and cats with approval
from the Town Council in accordance with MGL c. 140, § 173.
Any person, business, corporation, entity or society, other
than the owner, harboring or having in such person's possession any
dog or cat.
One pack or collection of dogs and/or cats on a single premises,
whether maintained for breeding, boarding, sale, training, hunting
or other purposes, and including any shop where dogs are on sale,
and also including every pack or collection of four or more dogs six
months of age or older, or five or more cats six months or older (including
companion animals and pets), owned or kept by a person on a single
premises irrespective of the purpose for which they are maintained.
Any premises maintained for any of (or combination of) the following:
The boarding or in-residence training of any number of dogs
and/or cats;
The day care of any number of dogs and/or cats that is not the
owner's/operator's companion animal or pets and at which such services
are rendered in exchange for consideration and in the absence of the
owner of such animal;
Ten or more dogs six months of age or older or 10 or more cats
six months of age or older kept as companion animals or pets; or for/from
breeding;
An establishment, other than a personal kennel, engaged in the
business of breeding animals for sale or for exchange to wholesalers,
brokers or pet shops in return for consideration.
This definition shall not include an animal shelter or animal
control facility, a pet shop licensed under MGL c. 129, § 39A,
a facility which does not provide overnight boarding for animals but
does provide dog grooming, dog training, supervised playtime of dogs
or dog walking with not more than 12 dogs on a single premises or
individuals who temporarily, and not in the normal course of business,
board or care for animals owned by others or veterinary hospital or
clinic that boards dogs for reasons in addition to medical treatment
or care; provided, however, that this definition shall not include
a hospital or clinic used solely to house dogs that have undergone
veterinary treatment, observation, or will do so, only for the period
of time needed to accomplish the needed veterinary care.
Any premises where an owner or keeper maintains as companion
animals or pets, or for breeding, four or more but not more than nine
dogs six months of age or older, and/or seven or more but not more
than nine cats six months of age or older; provided, however, that
breeding of personally owned dogs may take place for the purpose of
improving, exhibiting or showing the breed, use in legal sporting
activity or other personal reasons; provided, further, that selling,
trading, bartering or the distribution of such breeding from 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
personal kennels shall not sell, trade, barter or distribute any dogs
not bred from their personally owned dogs; and provided, further,
that dogs temporarily housed at a personal kennel, in conjunction
with an animal shelter or rescue registered with the department, may
be sold, traded, bartered or distributed if the transfer is not for
profit.
The period of time for which the Town Clerk prescribes the
validity of a license, from date of issuance to and including the
date of expiration. The annual license period is January 1 through
December 31.
A dog that:
By excessive barking or other disturbance is a source of annoyance
to any sick person residing in the vicinity; or
By excessive barking, causing damage or other interference,
a reasonable person would find 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.
Any person possessing, harboring, keeping, having an interest
in, or having control or custody of an animal. If a person under the
age of 18 owns the animal, that person's custodial parent(s) or legal
guardian(s) shall be responsible for complying with all requirements
of this article.
A public animal control facility or any other facility which
is operated by an organization or individual for the purpose of protecting
animals from cruelty, neglect or abuse.
A.
Any person who, at the commencement of a license period, is or who,
during any license period, becomes the owner or keeper of a dog six
months old or older shall cause the dog to be licensed within 30 days.
The Town Clerk shall issue dog licenses and tags on a form prescribed
and furnished by the Town.
B.
The license record shall include the name, address, and phone number
of the owner or keeper of the dog, and the name, license number, breed,
color, age, sex, and the rabies expiration date of each dog and indicate
whether the dog has been spayed or neutered. The license tag shall
include the license number, the name of the Town and the year of issue.
C.
The owner or keeper shall cause each dog to wear around its neck
or body a collar or harness to which he shall securely attach the
license tags. In the event that any tag is lost, defaced or destroyed,
a substitute tag shall be obtained by the owner or keeper from the
Town Clerk at the cost of $5. Such monies shall be transmitted to
the Town Treasurer in the same manner as license fees. The Town Clerk
shall not issue a license for any dog unless the owner or keeper provides
the Town Clerk with a veterinarian's certificate verifying that the
dog is currently vaccinated against rabies.
D.
The Town Clerk shall not grant such licenses for any dog unless the
owner thereof provides either a veterinarian's certificate that such
dog has been certified exempt from rabies vaccination, or a notarized
letter from a veterinarian that a certificate was issued.
A.
The fees for dog licenses shall be established in the fee schedule
of the Town Clerk as voted on from time to time by the Town Council.
B.
No fee shall be charged for a license for a dog specifically trained
to lead or serve a blind, deaf or handicapped person upon presentation
to the Town Clerk of a certificate of such training.
C.
No license may be issued for any dog unless all prior overdue licenses
(i.e., licenses from prior years which were required but had not been
obtained) have been paid for, unless an amnesty period shall be in
effect, recommended by the Town Clerk and approved by vote of the
Town Council.
D.
No license fee or part thereof shall be refunded because of subsequent
death, loss, spaying, or removal from the commonwealth or other disposal
of the dog.
E.
The Town Clerk shall have the authority to make reasonable accommodations
to reduce fees and fines owed in the case of financial hardships.
F.
Any owner or keeper of a dog who moves into the Town and has a valid
dog license for his/her dog from another city or town in the commonwealth
shall, within 30 days, obtain a dog license for a fee of $1, upon
producing evidence of the previous license.
G.
The Town Clerk shall collect a late fee of $25 for every dog license
issued after March 1 of each year. This fee would be waived during
an approved amnesty period. The Town Clerk shall have the authority
to waive or reduce the late fee in cases of financial hardship or
in conjunction with participation in a Town-sponsored rabies vaccination
clinic.
A.
Whoever is the owner or keeper of a dog, cat or ferret in the Town,
six months of age or older, shall cause such dog, cat or ferret to
be vaccinated against rabies by a licensed veterinarian using a licensed
vaccine according to the manufacturer's directions and shall cause
such dog, cat or ferret to be revaccinated at intervals recommended
by the manufacturer.
B.
Unvaccinated dogs, cats or ferrets acquired or moved into the Town
shall be vaccinated within 30 days after the acquisition or arrival
of such animal into the Town or upon reaching the age of six months,
whichever last occurs.
C.
A licensing authority may grant an exemption from this section for
any dog, cat or ferret that:
(1)
The local Board of Health has declared exempt from the rabies vaccination
requirement upon presentation of a veterinarian's certificate stating
that, because of an infirmity, other physical condition or regimen
of therapy, such inoculation is considered inadvisable for a specified
period of time for such reasons;
(2)
Is in transit; or
(3)
Was brought into the commonwealth temporarily for the sole purpose
of display in shows or for exhibition.
D.
This section shall not apply to dogs, cats or ferrets housed in a
research institution.
E.
Whoever violates this section shall be punished by a fine of not
more than $100.[1]
[1]
NOTE: Whoever violates this section shall be punished by a
fine of not less than $50 nor more than $100. The Animal Control Officer
shall apportion this fine based on the severity of the violation and
the time since the vaccination has lapsed.
B.
Those persons who kept more than three dogs at their premises in
compliance with the applicable ordinances and regulations in effect
at the time may keep said dogs in excess of the aforesaid limit, but
said dogs may not be replaced so as to exceed the three-dog limit.
C.
Additional restrictions on the number of companion animals may be imposed by the Animal Control Officer if, after an investigation of a dwelling or property, it is revealed the living conditions are not healthy and these conditions are the result of an overcrowding of animals in said dwelling or property. An appeal of the above restriction may be made in writing to the Town Clerk and a final decision shall be rendered by the hearing authority designated in § 110-24 of this article.
D.
Any person who violates the provisions of this section shall receive
a written warning, issued by the Animal Control Officer or police
officer, for the first offense, and for each subsequent offense shall
be liable for payment of a fine of $50 for each day in violation of
this section, which shall be paid to the Town Clerk. A reasonable
amount of time will be allowed for proper placement of animals into
alternate care before fines are imposed. The Animal Control Officer
may assist persons in need with placement of animals as necessary.
A.
Any person or business maintained for a personal kennel or commercial
kennel as defined in this article shall obtain the appropriate kennel
license from the Town Clerk. The Town Clerk shall not issue any kennel
license for any use not in compliance with the Zoning Ordinance.[1] The Town Clerk shall not issue a personal kennel license
unless the owner or keeper provides the Town Clerk with a veterinarian's
certificate verifying that each dog or cat six months of age or older
is currently vaccinated against rabies.
B.
Issuance of a personal or commercial kennel license, and continued
use of said license, shall be contingent upon inspection and approval
by the Animal Control Officer to ensure that basic standards of cleanliness
and proper care and confinement of said dogs or cats exist on the
premises.
C.
Such license shall be in a form prescribed by the Town Clerk. Such
license shall be in lieu of any other license for any dog or cat while
kept at such kennel during any portion of the period for which such
kennel license is issued. The holder of a license for a kennel shall
cause each dog or cat kept therein to wear a collar or harness of
leather or other suitable material, to which shall be securely attached
a tag upon which shall appear the number of such kennel license, the
year of issue and the inscription "WEST SPRINGFIELD."
D.
The fees for kennel licenses shall be included in the fee schedule
of the Town Clerk and shall be set by the Council from time to time.
E.
The name and address of the owner of each dog or cat kept in any
kennel, if other than the person maintaining the kennel, and a veterinarian's
certificate verifying that each dog or cat six months of age or older
is currently vaccinated against rabies, shall be kept on file thereat
and available for inspection by the Animal Control Officer, an animal
inspector, or a police officer.
F.
The Town Clerk shall, upon application, issue without charge a kennel
license to any domestic charitable corporation, incorporated exclusively
for the purpose of protecting animals from cruelty, neglect or abuse,
and the relief of suffering among animals.
G.
A veterinary hospital shall not be considered a kennel unless it
contains an area for the selling, breeding or boarding of dogs or
cats for other than medical purposes, in which case it shall apply
for a kennel license.
H.
The license period for a kennel license shall be the same as for
a single license: January 1 through December 31, inclusive.
The procedure for the inspection of kennels shall be as established
in MGL c. 140, § 137C.
No person owning or keeping or otherwise responsible for a dog
or cat shall allow or permit said dog or cat to annoy another person's
reasonable right to peace or privacy by making loud and continuous
noise, where such noise is plainly audible at a distance of 150 feet
from the building, premises, vehicle or conveyance housing said dog
or cat, and such noise is continuous in excess of 10 minutes. The
fact that such noise is plainly audible at such distance and continuous
in excess of 10 minutes shall be prima facie evidence of a violation.
Fines will be issued only after an investigation by the Animal Control
Officer has determined that the barking/meowing of the animal is not
the result of willful instigation from a third party.
Payment to veterinarians for emergency treatment of dogs or
cats injured on ways shall be made as defined in MGL c. 140, § 151B.
Pursuant to MGL c. 140, § 151(a), the Mayor shall
annually designate an Animal Control Officer. Pursuant to MGL c. 140,
§ 151A, the Mayor shall annually issue a warrant to the
Animal Control Officer directing the officer to seek out, catch and
confine all dogs within the Town which are not licensed, collared
or harnessed, or tagged, as required by these ordinances, and to prosecute
against the owners or keepers of such dogs for failure to comply.
A.
No person owning, keeping or being responsible for a dog shall allow
or permit said dog to run at large on any of the streets or public
places in the Town or upon any private property, unless the owner
or lawful occupant of such property grants permission therefor.
B.
No dog shall be allowed or permitted in any public place or street
within the Town unless it is effectively restrained and controlled
by a chain or other form of leash that is sufficient to hold the dog,
unless it is within and confined to a motor vehicle.
C.
In any prosecution hereunder, the presence of such dog at large upon
premises other than the premises of the owner or keeper of such dog
shall be prima facie evidence that such knowledge and permission was
not had.
A.
It shall be the duty of the Animal Control Officer, or police officer,
to apprehend any dog found running at large and to impound such dog
in the animal shelter or other boarding facility.
B.
The Animal Control Officer or impounding officer shall keep a register
and make a complete record of each impounding.
C.
The record shall contain the following information: breed, color
and sex of each dog; whether or not the dog is licensed; the license
number, if any; the name and address of the owner, if known; the date
and place of apprehension; and the location where the dog is being
kept. In the instance of an animal that has been euthanized by gunshot
in case of emergency, such record shall contain the disposition of
the remains and a description of the situation requiring the gunshot.
D.
The owner of an impounded dog, when known, shall be notified verbally
or in writing of such impoundment or, if the owner is unknown, written
notice shall be posted with the Police Department.
E.
Notice shall contain a description of the dog, date and place of
apprehension and location where the dog is being kept.
F.
The owner, or keeper or responsible person may reclaim the dog so
impounded upon payment of the license fee, if unpaid, and proof of
rabies vaccination in the form of a rabies vaccination certificate
from a certified veterinarian, and the payment of impoundment and
boarding fees and the cost relevant to such impoundment.
A.
An owner or keeper of a dog reclaiming an impounded dog shall pay
to the Animal Control Officer for deposit with the Town Treasurer
an administrative fee of $25. The reclamation fee is an administrative
fee in addition to any fine due of the owner or keeper of the animal
for violation of the animal control ordinances of the Town.
B.
Any dog whose owner or keeper fails to claim said dog or cat within
seven days from the day of impounding shall be subject to the provisions
set forth in MGL c. 140, § 151A.
A.
Any animal control facility or shelter with which the Town engages
in a contract for services related to this article shall at all times
observe the laws of the commonwealth.
B.
No shelter shall sell or give away any dog or cat that has not been
spayed or neutered, unless a written agreement is entered into and
a deposit of not less than $40 for spaying or neutering has been tendered
to the shelter. The shelter may make appropriate arrangements for
the spaying or neutering of such dog or cat by a licensed veterinarian,
or may return the deposit to the person purchasing or receiving the
dog or cat upon presentation of a written statement or receipt from
a veterinarian or clinic that the dog or cat has been spayed or neutered
by a licensed veterinarian.
No person owning or having the care, custody or control of any dog or cat shall permit such dog or cat to soil or defile or commit any nuisance upon any sidewalk, street, thoroughfare, wetland, in or upon any public property or in or upon the property of persons other than the owner or persons having the care, custody or control of such dog or cat, unless said person picks up any such waste and disposes of same in a sanitary manner. Fines will be issued in accordance with Chapter 1, Article I, § 1-2, of the Town Code.
A.
A person owning or keeping a dog may confine such dog outside, subject
to the restrictions in MGL c. 140, § 174E, and in compliance
with the following:
(1)
No person owning or keeping a dog shall chain or tether a dog to
a stationary object, including, but not limited to, a structure, dog
house, pole or tree, for longer than eight total hours during a twenty-four-hour
period.
(2)
No dog shall be penned, kenneled or kept in any other outdoor enclosure
for more than 12 total hours during a twenty-four-hour period.
(3)
No dog shall be kept outside in any manner between 11:00 p.m. and
6:00 a.m. This section shall not prevent an owner/keeper from walking
a dog on leash at any time.
(4)
No dog shall be kept outside in cases of extreme weather, when a
heat advisory is in effect or during any time in which an extreme
weather advisory has been issued by the Town or state, including but
not limited to floods, hurricanes, tornadoes and tropical storms.
A.
Any person owning, keeping, in control of or otherwise responsible
for a companion animal, pet, farm animal or any other dog or cat who,
in the opinion of the Animal Control Officer, is treating the aforementioned
animals in an inhumane manner (such treatment may include, but not
be limited to, prolonged chaining or tethering of animals; extended
outdoor confinement; lack of access to food, water or shelter; exposure
to hazardous conditions) shall be subject to a written warning and/or
a fine, issued by the Animal Control Officer or police officer, as
detailed in the fee schedule of the Town Clerk, paid to the Town Treasurer,
or by imprisonment for not more than 30 days for the first offense
and not more than 60 days for a second or subsequent offense, or both.
B.
If any of the aforementioned persons violates this section more than
five times, the Animal Control Officer or police officer may, after
a hearing conducted by the Chief of Police or his/her designee, with
not less than 10 days' notice to the owner or keeper, confiscate the
subject animal or animals or order the person to permanently surrender
the animal or animals for placement. If placement is not obtainable,
the animal or animals may be ordered euthanized.
C.
Where, in the opinion of the Animal Control Officer, said aforementioned
treatment of said animals places the animals at imminent risk, the
Animal Control Officer may immediately remove and impound the animal
for its own protection.
Pursuant to MGL c. 209A, § 11, relative to a domestic
relations, child custody, domestic abuse or abuse prevention proceeding
or matter, a court may include the domesticated animal(s) belonging
to a petitioner or to a member of the petitioner's family or household
in the court's orders, injunctions or warrants thereof.
The hearing authority shall submit regulations regarding cats
pursuant to MGL c. 140, § 173 and this article. These regulations
will be in effect upon approval of the Town Council and filing with
the Town Clerk.
The hearing authority shall submit regulations regarding potentially
dangerous dogs and cats pursuant to MGL c. 140, § 173 and
this article. These regulations will be in effect upon approval of
the Council and filing with the Town Clerk.
The operator of a motor vehicle that strikes and injures or
kills a dog or cat on the byways of the Town shall forthwith report
such an accident to the owner or keeper of said dog or cat or to a
police officer or Animal Control Officer. A violation of this section
shall be punished by a fine to be paid to the Town Clerk.
These rules and regulations are adopted with the intent that
each of them shall have force and effect separately and independently
of each other, except insofar as by express reference or necessary
implication any rule or part of any rule is made dependent upon another
rule or part thereof.
