[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:
ADEQUATE SHELTER
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.
ANIMAL CONTROL OFFICER
An appointed officer authorized to enforce MGL c. 140, §§ 137 through 174E, inclusive, and this Chapter 110.
AT LARGE
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.
ATTACK
Aggressive physical contact initiated by an animal.
COMPANION ANIMAL
Any dog or cat. Companion animal shall not include a "farm animal" as defined in § 110-1 of this chapter.
DANGEROUS DOG
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:
A. 
Solely based upon growling or barking;
B. 
Based upon the breed of such dog;
C. 
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:
(1) 
Such dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault;
(2) 
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;
(3) 
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.
EUTHANIZE
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.
HEARING AUTHORITY
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.
KEEPER
Any person, business, corporation, entity or society, other than the owner, harboring or having in such person's possession any dog or cat.
KENNEL
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.
KENNEL, COMMERCIAL
A. 
Any premises maintained for any of (or combination of) the following:
(1) 
The boarding or in-residence training of any number of dogs and/or cats;
(2) 
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;
(3) 
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;
(4) 
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.
B. 
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.
KENNEL, PERSONAL
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.
LICENSE PERIOD
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.
NUISANCE DOG
A dog that:
A. 
By excessive barking or other disturbance is a source of annoyance to any sick person residing in the vicinity; or
B. 
By excessive barking, causing damage or other interference, a reasonable person would find disruptive to one's quiet and peaceful enjoyment; or
C. 
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.
OWNER
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.
SHELTER
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.
A. 
No person shall keep more than three dogs over the age of six months at any residence without complying with the requirements of the West Springfield Zoning Ordinance,[1] and obtaining a kennel license as defined herein.
[1]
Editor's Note: See Ch. 300, Zoning.
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.
[1]
Editor's Note: See Ch. 300, Zoning.
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.
D. 
Fines will be issued in accordance with Chapter 1, Article I, § 1-2, of the Town Code.
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.
B. 
Fines will be issued in accordance with Chapter 1, Article I, § 1-2, of the Town Code. Consideration may be given, at the discretion of the Animal Control Officer, with regard to the guidelines in this section if the safety and wellbeing of the animal are not compromised.
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.
A. 
These provisions may be enforced through and pursuant to the noncriminal disposition procedure set forth in Chapter 1, Article II, of the Town Code.
B. 
Violation of any section of this article shall be subject to the following fines, unless otherwise specified in a specific section:
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Subsequent offenses: $300.
C. 
Each day a violation exists shall constitute a separate offense.
D. 
A reasonable amount of time to remedy any violations will be allowed before fines are issued, except when deemed inappropriate by the Animal Control Officer.
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.