Town of Hadley, MA
Hampshire County
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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.
(a) 
Nothing in this bylaw shall be deemed to prohibit the use of any dog for lawful hunting, sporting, or working purposes as long as said dogs are properly restrained.
(b) 
This section shall in no way preclude the use of certain specially trained dogs as set forth in MGL c. 140, § 139.
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) 
In accordance with MGL c. 140, § 139a, no cat or dog shall be given away or sold that has not been spayed or neutered, unless a written agreement is entered into and a deposit for spaying or neutering such dog or cat has been tendered.
[1] 
The deposit shall be as defined in § 24-7D of this bylaw.
(b) 
Adoption fee: The adoption fee will be set to reflect the amount of care and services the animal needed in order to be eligible for adoption.
(c) 
During the adoption of a dog, the licensing authority in that town or city that the adopter resides will be notified of the date of 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.
E. 
Stray dogs/running-at-large: Any dog found in violation of Subsection B of § 24-3, Article III, Control of Animals, shall be fined on the following schedule:
$15 first offense
$25 second offense
$50 third offense
$50 subsequent offenses
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.