The Town may create ordinances relating to animals pursuant
to MGL c. 140, § 173.
As used in this chapter, the following interpretations shall
be placed on the words and phrases hereinafter mentioned:
ADEQUATE SHELTER
A structure that is large enough for the animal to stand
naturally, turn around and lay down inside of the structure, which
must have three sides with a roof to prevent the animal from 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.
AT LARGE
Any dog, farm animal, livestock or fowl which is off the
owner's or keeper's property and not under the control of
the owner or keeper.
ATTACK
Aggressive physical contact initiated by an animal.
COMPANION ANIMAL
Any dog or cat, or animal kept for the purposes of being
a "pet." "Companion animal" shall not include a farm animal, livestock
or fowl.
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.
FARM ANIMAL
Any poultry, ungulate, species of cattle, sheep, swine, goats,
llamas, equine, or other fur-bearing animals which are raised for
commercial or subsistence purposes.
KEEPER
Any person, business, corporation, entity or society, other
than the owner, harboring or having in such person's possession
any dog, cat, farm animal, livestock or fowl.
KENNEL, COMMERCIAL
Any premises maintained for any of (or combination of) the
following:
A.
The overnight boarding or training of any number of dogs.
B.
Any pet store that sells dogs or cats.
KENNEL, RESIDENTIAL
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.
LIVESTOCK or FOWL
Any fowl or other animal, including farm animals, kept or
propagated by the owner for food or as a means of livelihood and deer,
elk, cottontail rabbit, northern hare, pheasant, quail, partridge
and other birds or quadrupeds determined by the Department of Fisheries
and Wildlife and Environmental Law Enforcement to be wild and kept
by, or under permit from, said department in proper houses or suitable
enclosed yards. Such term shall not include dogs, cats and other pets.
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 chapter.
SEVERE INJURY
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or corrective or cosmetic surgery.
A veterinarian registered under MGL c. 112, § 55 or
56A who renders emergency care or treatment to, or who euthanizes,
a dog or cat that is injured on any way shall receive payment from
the owner of such dog or cat, if known, or, if not known, from the
city or town in which the injury occurred in an amount not to exceed
$250 for such care, treatment or euthanization; provided, however,
such emergency care, treatment or euthanization shall be rendered
for the purpose of maintaining life, stabilizing the animal or alleviating
suffering until the owner or keeper of the dog or cat is identified
or for 24 hours, whichever is sooner. A veterinarian who renders such
emergency care or treatment to a dog or cat or euthanizes a dog or
cat shall notify the municipal animal control officer and the animal
control officer shall assume control of the dog or cat or the remains
of the dog or cat.
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.
A. The Animal Control Officer or impounding officer shall keep a register
and make a complete record of each impounding.
B. 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.
C. 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 animal control office and public access
television channel.
D. Notice shall contain a description of the dog, date and place of
apprehension and where the dog is being kept.
E. 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 costs relevant to such impoundment.
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:
A. 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 five consecutive hours during
a twenty-four-hour period.
B. No dog shall be penned, kenneled, or kept in any other outdoor enclosure
for more than 12 consecutive hours in a twenty-four-hour period.
C. 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.
D. No dog shall be kept outside in cases of extreme weather, when a
heat/cold 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,
unless the tethering is for not more than 15 minutes.
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 of $75, to be paid to the Town Treasurer.
These provisions may be enforced through and pursuant to the
noncriminal disposition procedure set forth in these ordinances.
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.