[HISTORY: Adopted by the Town of West Stockbridge 6-22-2020
ATM by Art. 13. Amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings
indicated:
Any officer appointed by the Select Board to enforce the
laws relating to animals.
All animals of any species, both male and female, including
but not limited to dogs and cats.
A kennel maintained as a business for or to include the boarding
or grooming of dogs.
The time between April 1 and March 31, both dates inclusive.
Animals or fowls kept or propagated by the owner for food
or as a means of livelihood, kept in proper houses or suitable enclosed
yards. Such phrase shall not include dogs, cats and other pets.
More than three dogs over the age of six months of age in
a single private residence.
Any person or persons, firm, association or corporation owning,
keeping, or who or which has in its possession for 11 consecutive
days in any calendar year a dog or any other animal, licensed or unlicensed;
and cannot show to the satisfaction of the Animal Control Officer
that such animal was sold, had died, was given away, or otherwise
disposed of. Further, if the owner or keeper of a dog or other animal
is a minor, the parent or guardian of such minor shall be held liable
for any violation of this bylaw.
Free of restraint and permitted to wander on private or public
ways at will.
A.
No owner or keeper of a dog shall permit such a dog, whether licensed
or unlicensed, to run at large within the Town of West Stockbridge.
No person shall permit a dog owned or kept by him beyond the confines
of the property of the owner or keeper unless the dog is physically
restrained by a leash that shall not exceed six feet in length or
is under the control of its owner/keeper.
B.
No person shall permit a dog owned or kept by him to run freely outside
the confines of the property of the owner or keeper unless leashed
so as to restrain the dog in such manner that the dog will not go
beyond the property of the owner or keeper by fencing or appropriate
barriers.
C.
No person shall permit a dog owned or kept by him to be unaccompanied
by a person of adequate age and discretion to properly control its
actions.
D.
A dog may, for the purpose of sporting events such as hunting, field
trials, farm purposes or training purposes, be exempt from the restraining
order during such period of time as the dog is actually engaged in
the event or sport, provided the dog is under the direct supervision
of a person of adequate age and discretion to properly control its
actions.
A.
Any owner or keeper of a dog six months of age or older in the Town
of West Stockbridge shall cause that dog to be licensed as required
by Massachusetts General Laws Chapter 140, commencing on April 1 of
each year.
B.
Any owner or keeper of more than three dogs must acquire a multiple-pet
permit.
C.
Commercial kennels must be fully licensed pursuant to the provisions of MGL Chapter 140 and are subject to Chapter 275, Zoning, of the Town Code.
D.
Commercial kennels shall be available to inspection by the Animal
Control Officer, a Natural Resource Officer. Fish and Game Warden,
a police officer or the Board of Health.
E.
All dogs and cats six months of age or older must be currently vaccinated
against rabies as per MGL c. 140, § 145B.
F.
The annual fee for every animal license, multiple-pet permit, and
commercial kennel license and all fines relevant to animal control
shall be established by the Select Board. No fee shall be charged
for a license for a service animal as defined by the Americans with
Disabilities Act or regulations promulgated thereunder.
G.
The registering, numbering, describing and licensing of animals shall
be performed in the office of the Town Clerk on a form prescribed
and supplied by the Town and shall be subject to the condition expressed
therein that the dog so licensed shall be controlled and restrained
from killing, chasing or harassing livestock or fowl.
H.
No license fee shall be refunded in whole or part for any reason.
I.
Should any owner or keeper of an animal fail to license that animal
as required under MGL Chapter 140 before June 1, the owner or keeper
shall pay a late fee as established by the Select Board before obtaining
said license, except a dog brought into the Town as provided by MGL
c. 140, § 138. This late fee shall be applicable from the
61st day after arrival of such dog. Any person maintaining a commercial
kennel in the Town of West Stockbridge who fails to license as prescribed
by this section and the laws of the commonwealth shall pay a late
fee as established by the Select Board commencing June 1.
J.
The owner or keeper of a licensed animal shall cause it to wear around
its neck or body a collar or harness to which shall be securely attached
a tag issued by the Town Clerk at the time of licensing.
K.
In addition to all other sums due and owing for any license fee hereunder,
a person who applies for a license hereunder shall be obligated to
pay all prior amounts of license fees determined to be due and owing
by the Town Clerk pursuant to this bylaw, for past periods in which
said person was obligated to obtain a license. It shall be a violation
of this bylaw to fail to pay any said sum due hereunder; this remedy
shall be cumulative.
No more than six dogs may be kept at any private residence.
Persons owning more than six dogs prior to the passage of this bylaw
are permitted to keep such dogs, but may not replace them in excess
of the permitted total. This section shall not be applicable to dogs
under the age of six months.
A.
Any owner or keeper of a dog may be ordered to muzzle said dog by
a duly appointed Animal Control Officer and, in his/her absence, by
a police officer for either of the following reasons:
B.
This order shall remain in effect until removed by the officer after
having been satisfied that the dog is unlikely to repeat its offense.
Such decision by the officer to remove the order shall not be unreasonably
withheld.
A.
Animal Control Officers or, in their absence, police officers may
cause an animal to be impounded for any of the following causes:
(1)
If found without a license when a license is required; or
(3)
For violation of a muzzling order as provided for in § 90-5 of this bylaw; or as provided under MGL c. 140, § 167, as amended; or
(4)
For having bitten, injured or physically molested any person; or
(5)
For having physically injured any dog or other animal; or
(6)
To restore peace when the owner or keeper of an animal is otherwise
unavailable, unwilling, or physically unable to restrain his/her animal
from causing a nuisance by continuous barking or howling; or
(7)
To ensure the safety and well being of the particular animal; or
(8)
For any violation of this bylaw.
B.
No later than two days after the impounding of any animal, the owner or keeper shall be notified, or if the owner or keeper of the animal is unknown, or, after reasonable efforts, is not contacted, written notice shall then be posted for seven consecutive days in the location for posting notices in the Town Hall, which notice shall describe the animal and its place and time of taking. Animals impounded and unclaimed by the owner or keeper after such seven-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A. Prior to the end of said seven-day period, the owner or keeper may obtain the release of such dog or other animal upon payment of all pound fees, fines, and notification costs, if any, and in the case of a violation of Subsection A(1) of this section, upon obtaining a license as required by law.
C.
No animal shall be turned over or sold in any manner inconsistent
with MGL c. 140, § 151 or disposed of inconsistent with
the provisions of MGL c. 140, § 151A.
Any person or persons found guilty of a violation of any provisions
of MGL c. 272, § 77, 80A, 94 or 95 will forfeit the right
to own or keep any animal within the Town of West Stockbridge and
must immediately upon conviction surrender all animals in his/her
possession to the Animal Control Officer.
If written complaint is made to the Select Board or Chief of
Police regarding a vicious or dangerous dog or excessive barking or
other disturbance, such complaint shall be acted upon in conformance
with MGL c. 140, §§ 157 and 158.
The provisions of MGL c. 140, § 153, Form of Warrant
to Officers, are incorporated herein.
A.
The owner or keeper of a dog that has done damage to livestock or
fowl shall be liable for such damage, and the Select Board may order
the owner or keeper to pay such damages after an investigation as
set forth in MGL Chapter 140.
B.
In the event that the owner or keeper of such dog known to have done
damage to livestock or fowl refuses to pay upon order of the Select
Board, the Select Board shall enter or cause to be entered a complaint
in the District Court for the enforcement of the order.
C.
In addition, the Select Board or its agents thereto authorized in
writing may, after written notice to the owner or keeper of any dog
known to them to have killed livestock or fowls, then and there kill
such dog, unless such owner or keeper whose premises are thus entered
for said purpose shall give a bond in the sum of $200, with sufficient
sureties approved by the Select Board, conditioned that the dog is
continually restrained. If the owner or keeper of the dog declares
his intention to give such a bond, said Select Board or its agents
shall allow him seven days, exclusive of Sundays and holidays, in
which to procure and prepare the same and to present it to them, or
file it with the Town Clerk.
D.
If a dog which has previously been ordered restrained by the Select
Board, or upon review by the District Court, wounds any person or
maims or kills any livestock or fowl, the owner or keeper of such
dog will be liable to the person injured thereby in treble the amount
of damages sustained by him.
E.
The owner or keeper of any animal injured or killed by a motor vehicle
shall be responsible for the cost of all rescue response, emergency
care, treatment and/or disposal of said animal.
A.
The Animal Control Officer duly appointed or, in his/her absence,
police officers shall enforce the provisions of this Animal Control
Bylaw, and shall attend to all complaints or other matters pertaining
to animals in the Town of West Stockbridge.
B.
Notwithstanding any provisions of the General Laws to the contrary, any person(s) who: 1) refuses to answer or answers falsely questions of an Animal Control Officer or a police officer pertaining to his/her ownership of an animal or 2) is found guilty of cruelty to animals or 3) refuses to turn over any animal to the Animal Control Officer upon demand as authorized by §§ 90-6 and 90-7 of this bylaw or 4) violates a Select Board order shall be punished by a fine of not less than $100 nor more than $300.
C.
Any owner or keeper who: 1) violates the provisions of this bylaw
or 2) is the owner/keeper of any animal who shall be found by an Animal
Control Officer to have defecated on private property other than that
of its owner/keeper, or on a public sidewalk, and has not removed
the feces from the private property or public sidewalk and properly
disposed of the feces; or 3) is the owner/keeper of any animal who
intentionally allows any such animal to cause a nuisance by barking,
howling or otherwise disturb another person's right to peace or 4)
is the owner/keeper of an animal found to have bitten or injured any
person, dog or other animal may be penalized by noncriminal disposition
as provided in MGL c. 40, § 21D and shall be punished by
a fine of $300.
D.
Where applicable, each day shall constitute a separate offense.
A.
Notwithstanding any provisions of the General Laws to the contrary,
any Animal Control Officer who takes cognizance of a violation of:
1) this bylaw or 2) failure to license animals pursuant to MGL Chapter
140 and this bylaw or 3) failure to obtain a multiple-pet permit or
commercial kennel license or 4) failure to vaccinate against rabies
pursuant to MGL c. 140, § 145B may issue or mail a notice
of complaint of violation of municipal animal control bylaw to the
owner or keeper of such animal.
B.
Any owner or keeper found in violation of the above-mentioned procedure
shall be subject to a fine of not more than $50.
A.
Nothing contained within this bylaw shall limit or restrict any enforcement
officer's authority to seek criminal prosecution of any violation
of state or federal law.
B.
If any part, section or provision of this bylaw is found to be invalid,
the remainder of this bylaw shall not be affected thereby.
C.
This bylaw will take effect April 1, 1998, and it shall replace former
animal bylaws set by West Stockbridge.
