A.
Humane care and treatment.
(1)
Every owner or keeper of a domesticated animal shall provide his
or her animal with sufficient potable water and wholesome food, proper
shelter and protection from the weather, including extremes of heat
and cold, veterinary care sufficient to prevent suffering and the
spread of disease and shall provide humane care and treatment for
the animal.
(2)
In accordance with MGL c. 140, § 174F, it shall be a violation
of this bylaw to confine an animal in a motor vehicle in a manner
that could reasonably be expected to threaten the health of the animal
due to exposure to extreme heat or cold.
(3)
No owner or keeper shall abandon any animal. For the purpose of this
section, "abandonment" shall be defined as the willful desertion of
an animal, which shall include but not be limited to the failure to
claim an impounded animal upon receipt of notice that the period of
impoundment has ended.
B.
Running at large.
(1)
No owner or keeper of any dog within the Town shall allow such dog,
whether licensed or unlicensed, to wander on private property without
permission of the owner thereof, or on any public property within
the Town, including but not limited to public ways, school grounds,
recreation areas and cemeteries, unless the dog is properly restrained
with a leash, voice control or other effective method.
(2)
The owner or keeper of any dog which is not on the premises of the
owner or keeper or upon the premises of another with the permission
of said person shall restrain said dog with a chain or leash of sufficient
material and strength as necessary to restrain the dog and shall be
held by a person capable of controlling the movements of the dog.
The chain or leash shall be a length which prohibits the dog from
being a nuisance to persons nearby or causing damage to public or
personal property.
(3)
Any dog found to be in violation of this bylaw, and not under the
immediate control of the owner or keeper, may be picked up by any
law enforcement officer and either returned to the owner or keeper
or deposited in a dog pound or similar facility. The owner or keeper
shall be responsible for paying all costs of maintaining and keeping
the animal at the dog pound or similar facility. Except as otherwise
permitted by this bylaw, unrestrained or unlicensed dogs may be sought
out, caught and confined by the Animal Control Officer or any police
officer of the Town and impounded pursuant to MGL c. 140, §§ 151A
and 167.
C.
Removal of waste. It shall be the duty of the owner or keeper of
any dog to remove and dispose of any feces left by his or her dog
on any sidewalk, street, or other public area. It shall further be
the duty of the owner or keeper of any dog to remove and dispose of
any feces left by his or her dog on any private property neither owned
nor occupied by said person. This section shall not apply to a dog
accompanying any handicapped person, who by reason of his or her handicap
is physically unable to comply with the requirements of this section.
A.
Any person may make a written complaint to the Animal Control Officer
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.
B.
The provisions of MGL c. 140, §§ 161 and 161A shall
apply to whoever suffers the loss of livestock or fowl in a manner
described in said § 161.
C.
The Animal Control Officer shall investigate or cause to be investigated
such complaint, which may include an examination under oath of the
complainant at a public hearing in Town to determine whether the dog
is a nuisance dog or a dangerous dog, and shall submit a written report
of his/her findings and recommendations to the Select Board concerning
the restraint or disposal of such dog as provided in MGL c. 140, § 157.
D.
The Animal Control Officer, after his investigation, may issue an
interim order that such dog be restrained or muzzled for a period
not to exceed 14 days to enable the Select Board to issue their order
following receipt of the report of the Animal Control Officer. If
the Select Board fails to act during the period of the interim order,
upon expiration of the interim period, the order shall automatically
be vacated.
E.
The Select Board, after credible evidence and testimony is presented
at the public hearing, shall (A) dismiss the complaint; (B) deem the
dog a nuisance dog and order that the owner or keeper of the dog take
remedial action to ameliorate the cause of the nuisance behavior;
or (C) deem the dog a dangerous dog and make such order concerning
the restraint, muzzling, or euthanization of such dog, or such other
action as may be deemed necessary; provided, however, that the Selectmen
shall not order the banishment and tethering.
F.
Violations of such orders shall be subject to the enforcement provisions
of MGL c. 140, §§ 157 and 157A.
A.
Impoundment:
(1)
The Animal Control Officer or police officer shall immediately notify
the owner or keeper of any animal impounded by him/her under the provisions
of the bylaw if such owner or keeper is known by him/her.
(2)
If the animal is not licensed or the owner or keeper of the animal
is not known by the Animal Control Officer or police officer, no notice
shall be necessary.
(3)
The animal shall be secured in the Town kennel or other such approved
holding facility.
B.
Kenneling:
(1)
The kenneling period shall start at the time of impoundment and shall
accrue until the owner presents the required documentation and signs
a release form.
(2)
Animals secured in the Town kennels shall be done so under one of
the following conditions:
(a)
Stray holds: Animals found running at large will be confined
in the Town's kennels.
(b)
Quarantine holds: At the discretion of the Animal Control Officer,
an animal that is found outside its quarantine order may be confined
at the Town kennel. A nonrefundable hold fee will be assessed.
(c)
Municipality holds: At the discretion of the Animal Control
Officer, an animal in the custody of another municipality may be held
at the Town's kennel facility. A nonrefundable hold fee will
be assessed.
(d)
Emergent holds: at the discretion of the animal control officer,
an animal that is rendered owner/keeperless due to an unexpected situation,
i.e., medical, fire, car accident, arrest.
(e)
Animal surrenders: Animals that have been surrendered by their
owner or keeper to the Animal Control Officer may be housed in the
kennel until their final disposition is decided upon.
(3)
The Town of Hadley's kennels will not be used for commercial
or for-profit animal holds.
(4)
In the event that the Town's kennel facility is not adequate
for the animal, is overpopulated, or is not adequate for the conditions,
animals may be boarded at an approved commercial facility.
(a)
If an animal is required to be boarded at a commercial facility,
the owner/keeper shall be responsible for any fees imposed by the
commercial facility.
C.
Release:
(1)
License: A valid license shall be obtained prior to the release of
a dog from the kennel facility.
(a)
If the owner/keeper is a Hadley resident, they can complete
an application, provide the appropriate paperwork and pay the appropriate
fees (in exact cash or personal check) to the Animal Control Officer.
The Animal Control Officer shall tender said payment to the Town Clerk.
[1]
Fees shall include the licensing fee, late fees, and cost of
postage to mail the license to the owner/keeper.
(b)
If the owner/keeper is not a Hadley resident, he/she must provide
a valid license before the animal shall be released. If the owner/keeper
is unable to provide a valid license, the Animal Control Officer shall
make available to the Animal Control Officer and/or licensing authority
from which the owner/keeper resides identifying information on the
animal and the owner/keeper.
[1]
This information shall include but not be limited to: owner/keeper
address, identification, and contact information. Animal information,
to include any identifying information, which can be used to later
identify the animal.
(2)
Rabies certificate: In accordance with MGL c. 140, § 145b,
a valid rabies certificate must be presented prior to the release
of any dog, cat, or ferret from the kennel facility.
(a)
If the animal is not currently vaccinated, it will be vaccinated
at an in-Town veterinarian practice at the owner's expense.
(b)
If the animal has a medical condition preventing the vaccination
of rabies, a letter of waiver on the veterinarian's letterhead
must be produced.
(c)
If the animal is vaccinated, the animal will be held until the
certificate can be produced. Additional kennel fees may apply.
D.
Disposition of animals:
(1)
Animal surrenders are done at the discretion of the Animal Control
Officer. At the time of surrender, the owner/keeper forfeits all rights
to the animal, and the ownership of the animal is transferred to the
Town of Hadley. The final disposition of the animal will be at the
discretion of the Animal Control Officer.
(2)
Unclaimed animals: In accordance to MGL c. 140, § 151A,
any dog unclaimed after seven days from pickup/confinement shall become
the property of the Town of Hadley and be handled at the discretion
of the Animal Control Officer.
(a)
This bylaw shall be extended to include cats and ferrets.
(3)
Adoptions: At the discretion of the Animal Control Officer, upon
completion of the mandatory seven-day hold period, an animal may become
eligible for adoption.
A.
All dogs, cats, and ferrets owned by a resident of the Town of Hadley
shall be properly vaccinated in accordance with MGL c. 140, § 145B.
B.
Any dog or cat without current proof of rabies vaccination that is
impounded by the Animal Control Officer will be vaccinated at the
owner's expense by a licensed veterinarian prior to release by
the Animal Control Officer.
C.
Any owner or keeper of any animal in the Town of Hadley who has received
written notice of quarantine and does not comply with said quarantine
order will be fined per occurrence.
(1)
If the animal bites another person or animal while on quarantine,
the animal will be seized and secured at an approved facility at the
owner's/keeper's expense for the remainder of the quarantine
period. In lieu of boarding, the owner/keeper may opt to have the
animal euthanized and sent for testing.
(2)
If the animal, while on quarantine, is repeatedly allowed to roam
free, the animal will be seized and secured at an approved facility
at the owner's/keeper's expense for the remainder of the
quarantine period. In lieu of boarding, the owner/keeper may opt to
have the animal euthanized and sent for testing.
(3)
If the Town of Hadley will be holding the animal, the nonrefundable fee shall be tendered as in § 24-7D. If the animal will be boarded at the private facility, the facility must be approved by the Animal Control Officer or the Animal Inspector before the animal may be placed in their care. While pending approval, the animal may be held by Animal Control if it is deemed a risk to public safety.
A.
The Animal Control Officer or any police officer of the Town shall
be empowered to enforce provisions of this bylaw.
B.
In addition to the remedies set forth in this bylaw and in MGL c.
140, §§ 136A to 174E, inclusive, including but not
limited to MGL c. 140, § 157A, or any other applicable provision
of law, this bylaw may be enforced through any lawful means in law
or in equity, including, but not limited to, noncriminal disposition
pursuant to MGL c. 40, § 21D, by any police officer.
C.
If noncriminal disposition is elected, then any person who violates
any provision of this section shall be subject to the following penalties:
$100 for the first offense and $300 for each subsequent offense unless
otherwise specified herein.
D.
In accordance with MGL c. 40, § 22F, all fees shall be
set by the Police Department and approved by the Select Board.
F.
Kenneling fees: Any animal that is picked up by the Animal Control
Officer or a police officer or brought to and secured in the Town
kennels will be charged a kenneling fee on the following schedule:
Stray - early pickup: $10 if the animal is collected within
the first six hours
|
Stray - daily housing: $25 per day will be applied for all animals
|
Emergent hold - short term: $2 per hour animal is held, up to
six hours
|
Emergent hold - long term: $25 per day or past six hours
|
Municipality hold: $2 per hour animal is held
|
Ten-day quarantine hold: $3 per day
|
Forty-five-day quarantine hold: $10 per day
|
Six-month quarantine hold: $15 per day
|
G.
Each day or portion thereof shall constitute a separate offense.
If more than one, each condition violated shall constitute a separate
offense. A separate offense is not limited to an offense within a
calendar year from the first offense.
H.
The Town may enforce this Bylaw or enjoin violations thereof through
any lawful process, and the election of one remedy shall not preclude
enforcement through any other lawful means.