[HISTORY: Adopted by the Town Meeting of the Town of Hull
as Ch. 90 of the 1989 Code. Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
Unaccompanied by a responsible person.
In addition to any definitions provided in this bylaw for
nuisance or dangerous dogs, the definitions and procedures of G.L.
c. 140, sec. 136A shall apply.
[Added 5-7-2013 ATM by
Art. 15]
The technical term for the common expression "in heat."
Accompanied by a person not exerting proper supervision.
Any person possessing, harboring, keeping or having an interest
in, or having control or custody of a dog. If the animal is owned
by a person under the age of 18, that person's custodial parents or
legal guardian shall be responsible for complying with all requirements
of this bylaw.
[Added 5-8-2007 ATM by
Art. 23]
Being kept leashed or fenced within the bounds of the property
of the owner or keeper.
A.
The Select Board Members shall appoint an Animal Control Officer
who shall report directly to the Select Board Members. The Select
Board may from time to time designate a person to act as supervisor
of the Animal Control Officer and may remove at any time said person
from acting as supervisor.
[Amended 4-13-1981 ATM
by Art. 10; 5-8-2007 ATM by Art.
23; 5-8-2021 ATM
by Art. 6B]
B.
The owners or keepers of a dog or dogs shall at all times be responsible
for the acts of their dogs.
[Amended 4-12-1994 ATM
by Art. 47]
A.
A dog is considered to be a nuisance and to have committed an offense/violation
under this chapter for any of the following causes:
(1)
If found without a license when a license is required by law.
(2)
If found at large or out of control.
(3)
If found to have caused property damage.
(4)
For having bitten or injured any domestic animal.
(5)
For having bitten, injured or physically molested any person.
(7)
A dog that is found, whether under control or not, on any beach under
the care and control of the Town or on any beach within the limits
of the Town to which the public have a right of access during the
period commencing June 30 through September 15.
[Amended 4-11-1988 ATM
by Art. 26; 5-8-2007 ATM by Art.
23]
(8)
A dog in her oestrus cycle, even when confined to the property of
the owner or keeper, if attracting other dogs to the area, which condition
causes disturbance on or damage to neighboring property or public
areas.
(9)
A dog found not to have a current rabies vaccination.
(10)
A dog that is found to be leashed, though uncontrolled, attended
to by a person unable to demonstrate proper restraint and control
of its actions.
[Added 5-8-2007 ATM by
Art. 23]
(11)
No domestic animals shall be permitted at any time on any portion
of a playing field owned by the Town and assigned for athletic events,
except in accordance with any rules or regulations adopted by the
agency in charge of said field or with the permission of said agency
or person in charge. This prohibition shall not apply to domestic
animals designated by appropriate authorities as service animals or
to domestic animals under the control of public safety authorities.
[Added 5-2-2017 ATM by
Art. 27; amended 5-6-2019 ATM by Art. 11]
B.
[Nuisances by cats and other animals.]
[Added 5-8-2007 ATM by
Art. 23]
(1)
A cat
or other domestic pet (excluding dog) is considered to be a nuisance
for any of the following causes:
(2)
If any person shall make a complaint in writing to the Animal Control
Office of the Town of Hull that any animal owned or harbored within
his/her jurisdiction is a nuisance by reason of vicious disposition,
the Animal Control Officer shall investigate such complaint, which
may include an examination on oath of the complainant, and may find
such an animal to be a nuisance.
[Amended 5-8-2007 ATM
by Art. 23]
A.
Any person owning, keeping or being responsible for a dog shall not
allow nor permit said dog to run at large on any of the streets or
public places in the Town of Hull or upon any private property, unless
the owner or lawful occupant of such property grants permission therefore.
B.
No dog shall be allowed or permitted in any public place or street
within the Town of Hull unless it is effectively restrained and controlled
by a chain or other form of leash that is sufficient to hold the dog.
C.
No dog shall be allowed to roam on a leash that exceeds seven feet
in length that is suitable test for the dog that is being restrained
and is attended to by a person of adequate age and discretion to properly
control its actions or is at the heel position beside a competent
person and demonstrably obedient to the person's command.
[Amended 4-12-1994 ATM
by Art. 47; 5-8-2007 ATM by Art.
23]
A.
The Animal Control Officer may impound any dog found to be a nuisance.
(1)
An impounded dog shall be released to its owner or keeper upon payment
of the pound fees to the Kennel and a reclaiming fee to the Town of
$15 and on the following additional conditions:
(a)
Upon the agreement of the owner or keeper to undertake such
restrictions or control of the animal as the Animal Control Officer
shall require.
(2)
Dogs impounded and unclaimed by the owner or keeper after seven days
shall be disposed of in accordance with the provisions of MGL c. 140,
§ 151A.
[Amended 5-7-2013 ATM
by Art. 15]
B.
The Animal Control Officer may impound any dog found to be a nuisance under § 213-3A(8) for the duration of the oestrus cycle, releasing it thereafter to the owner or keeper upon the payment of pound fee, or the Animal Control Officer may require the owner or keeper to place and keep such dog, when in such cycle, in a kennel or to remove it from the area so that the nuisance is abated.
[Added 5-8-2007 ATM by
Art. 23].
No person owning, keeping or otherwise responsible for a dog
shall allow or permit said dog to annoy another person's reasonable
right to peace or privacy by making loud or continuous noise, where
noise is plainly audible at a distance of 100 feet from the building,
premises, vehicle or conveyance housing said dog, or such noise is
in excess of 10 minutes. The fact that such noise if plainly audible
at said distance or continuous in excess of 10 minutes shall be prima
facie evidence of a violation.
[Amended 4-28-1981 STM
by Art. 17; 4-12-1982 ATM by Art.
26; 4-12-1994 ATM by Art. 47; 5-8-2007 ATM by Art. 23; 5-7-2013 ATM by Art. 15; 5-2-2016 ATM by Art. 21; 5-6-2019 ATM by Art. 11]
In addition to any other provision of this Chapter, the Animal
Control Officer may bring a complaint, issue citations and or fines/penalties
against the owner or keeper of a dog violating the provisions of this
bylaw and/or by proceeding under the provisions of G.L. c. 140, section
173A or any other applicable law. In accordance with G.L. c. 140,
section 173A as amended by Chapter 219, Section 14 of the Acts of
2018, the schedule of fines/penalties shall be: for the first offense
committed by a person, $50.00; for a second offense, $100.00.; for
a third offense, $300.00; for a fourth or subsequent offense, $500.00.
The Town may order the animal spayed or neutered. Payment shall be
made only be money order or check.
[Amended 4-12-1994 ATM
by Art. 47; 5-8-2007 ATM by Art.
23]
A.
Any person residing in the Town of Hull, who at the beginning of
the license period from January 1 to December 31 or who during the
license period becomes the owner or keeper of a dog six months of
age 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 of Hull.
[Amended 5-1-2023 ATM by Art. 11]
B.
On the license form the Town Clerk shall record the name and address
of the owner or keeper of the dog and the name, license number and
description of each dog.
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 tag. In the event that any tag is lost, defaced or destroyed,
substitute tags shall be obtained by the owner or keeper from the
Town Clerk at the cost of $5.
[Amended 5-2-2016 ATM
by Art. 21]
D.
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 licensed against rabies.
E.
Any exemption from the requirements of having to produce valid rabies
certificate in order to obtain a dog license shall be granted if the
owner or keeper presents a signed statement from a veterinarian indicating
that because of infirmity, other physical condition or regimen of
therapy, inoculation is hereby deemed inadvisable.
F.
Notwithstanding the provisions of MGL Chapter 140 section 139,
or any other provision of law to the contrary, the annual fees to
be charged by the Town of Hull for the issuance of dog licenses shall
be as follows:[2]
[Amended 5-1-2023 ATM by Art. 11]
[2]
Editor's Note: At the 6-13-2020 ATM, by Art. 14, the Town
accepted the provisions of MGL c. 140, § 139, providing
that no fee shall be charged for a license for a service animal as
defined by the Americans with Disabilities Act, and no fee shall be
charged for a license for a dog owned by a person aged 70 years or
over, and addressing refund or recovery of fees under certain circumstances.
G.
Any owner or keeper who moves into the Town of Hull 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 $5 upon producing
evidence of the previous license.
[Amended 5-2-2016 ATM
by Art. 21]
I.
Any individual who has not licensed his or her dog by February 1
or within 30 days of when said dog should have been licensed in any
year shall pay an additional late fee of $25 per family.
[Amended 5-1-2023 ATM by Art. 11]
[1]
Editor's Note: Original § 90-6 of the 1989 Code,
Plymouth County Dog Fund, which followed this section, was repealed
5-8-2007 ATM by Art. 23.
Notwithstanding the provisions of MGL c. 140, § 147,
or any other provision of law to the contrary, all money received
for licenses or from the sale of dog licenses by the Town of Hull
or recovered as fines or penalties by said Town shall be paid into
the treasury of said Town of Hull and shall not thereafter be paid
over by the Town Treasurer to the County of Plymouth but shall be
appropriated solely for animal care and control.
Notwithstanding any provision of the law to the contrary, any
animal pound, as defined in MGL c. 49A, § 3, of the provisions
of MGL c. 49A, § 1,[1] and no such animal pound located in such Town shall be
permitted to deliver from its available impounded animals any animal
to a licensee as defined in said MGL c. 49A, § 1 for the
purpose of scientific investigation, experimentation, instruction
or testing of dogs or medicine.
[1]
Editor's Note: MGL c. 49A, § 1 through § 10,
relating to the use of animals for scientific investigation, experiment
or instruction, was repealed by St. 1983, c. 631, § 1, effective
10-1-1984.
[Added 5-13-2002 ATM
by Art. 17, effective 7-1-2002]
A.
No owner or caretaker may leave a dog, cat or other small animal
unattended in a standing or parked vehicle in a manner that endangers
the health or safety of such animal.
B.
Authority to Remove: Reasonable force may be used to enter and to
remove such animal from a standing or parked vehicle by any police
officer, animal control officer or agent or officer of any humane
society.
C.
Violations and Penalties: Any person or persons violating any of the provisions of this § 213-11 of the code of the Town of Hull shall, upon conviction thereof, be punished by a fine for each violation. This section may also be enforced by non-criminal disposition, or by civil action, without limiting any other method of enforcement.
[Amended 5-6-2019 ATM by Art. 11]
D.
Severability: Any clause, section or part of this section determined
to be invalid by any judiciary for any reason shall be severable from
any other clause, section or part without affecting the validity of
that which remains.
[Added 5-8-2007 ATM by
Art. 21]
A.
The owner or keeper of a dog or cat six months of age or older housed
in the Town of Hull shall cause such dog or cat to be vaccinated against
rabies by a licensed veterinarian using a licensed vaccine approved
by the Massachusetts Department of Public Health. Unvaccinated dogs
and cats acquired or moved into the Town of Hull shall be vaccinated
within 30 days after the acquisition or arrival into the Town of Hull
or upon reaching the age of six months, whichever first occurs. Such
owner or keeper shall procure a veterinarian's certification that
such animal has been so vaccinated and setting forth the date of such
veterinarian that a certification was issued.
B.
The veterinarian shall issue a tag with each certificate of vaccination.
The tag shall be secured by the owner of such dog or cat to a collar
or harness made of suitable material to be worn by the dog or cat;
however, the owner of a cat may choose not to affix a tag to his cat
but shall have the tag available for inspection upon demand by the
Animal Control Officer, Police Officers, Animal Inspector or other
such authorized officials of the Town of Hull.
[Added 5-8-2007 ATM by
Art. 35; amended 5-2-2016 ATM
by Art. 21; 5-2-2017 ATM by Art.
27; 5-6-2019 ATM by Art. 11]
A.
No person owning or having the care, custody or control of any dog
shall permit such dog to defecate upon any sidewalk, street, thoroughfare,
beach or wetland, in or upon any public property, in or upon any public
drainage system or in or upon the property of persons other than the
owner or persons having the care, custody or control of such dog,
unless said person picks up any such waste and disposes of same in
a sanitary manner; nor shall such person deposit or leave such waste
in any of the aforementioned locations.
B.
This section shall not apply to a Service Dog accompanying any handicapped
person.
[Added 5-4-2009 ATM by
Art. 11; amended 5-6-2019 ATM by Art. 11]
A.
No person shall keep more than six cats, being over the age of six
months, at any premises within the Town of Hull. No person shall keep
more than four dogs, being over the age of six months, at any premises
within the Town of Hull unless a kennel license has been first obtained.
[Added 5-4-2009 ATM by
Art. 11]
Payment to veterinarians. Any veterinarian registered under
the provisions of G.L. c. 112, section 55 or 56, who renders
emergency care or treatment to, or disposes of or is mandated to test
for rabies a dog or cat that is injured in any way within the Town
of Hull, and brought to a veterinarian by the Animal Control Officer
or police personnel, shall receive payment from the owner of such
dog or cat, if known.
[Added 5-4-2009 ATM by
Art. 11]
A.
Definition. A "dangerous dog" or "vicious dog," as used in this section,
shall mean:
(1)
Any dog that has bitten or attacked (herein called an attack) any
person or has attempted to bite or attack (herein called an attack)
any person. In addition to any other evidence that a dog has attempted
to attack a person, a dog shall be deemed to be attempting to attack
if it is restrained by a leash, fence or other means and it is clear
from the dog's excited actions, such as, for example, acting in an
aggressive, vicious or terrorizing manner, that only the presence
of the leash, fence, or other means of restraint is preventing the
dog from making an immediate attack or is otherwise deflected from
coming into contact with a person or animal while in such an aggressive
state.
(2)
Any dog with a known propensity, tendency or disposition to attack,
to cause injury to, or to otherwise threaten the safety of domestic
animals.
(3)
Any dog, whether leashed or not, which, in a vicious or terrorizing
manner, approaches any person in an apparent attitude of attack upon
the streets, sidewalks, or any public or private property.
(4)
The term "dangerous dog" shall have the same meaning as a vicious
dog; and the term "vicious dog" shall have the same meaning as a "dangerous
dog."
B.
Exceptions.
(1)
No
dog shall be considered dangerous or vicious if:
(a)
A human being who, at the time the injury was sustained, was
committing criminal trespass or other tort upon premises occupied
by the owner of the dog, or was teasing, tormenting, abusing or assaulting
the dog, or was committing or attempting to commit a crime.
(b)
A domestic animal, which, at the time the injury was sustained,
was teasing, tormenting, abusing or assaulting the dog.
(c)
A domestic animal while the dog was working as a hunting dog,
herding dog, or predator control dog on the property of or under the
control of its owner and the injury was to a species or type of domestic
animal appropriate to the work of the dog.
(2)
No dog shall be considered dangerous or potentially dangerous if
the dog was protecting or defending a person within the immediate
vicinity of the dog from an attack or assault.
(3)
No military, correctional or police-owned dogs shall be considered
dangerous if the attack or injury to a person or domestic animal occurs
while the dog is performing duties as expected.
(4)
No dog shall be considered dangerous or potentially dangerous if
the dog was reacting to pain or injury, or was protecting itself,
its kennel or its offspring.
C.
Duties of the hearing authority and/or Animal Control Officer when
dog is deemed dangerous or vicious. When a dog is deemed to be dangerous
or vicious, the hearing authority and/or Animal Control Officer may
order the following:
[Amended 5-7-2013 ATM
by Art. 15]
(1)
Spay or neutering, if the animal is not already altered. The animal
will be exempt from such an order if a veterinarian certifies in a
written statement that the animal is unfit for alterations because
of medical conditions.
(2)
Microchip identification, if the animal is not already micro-chipped.
(3)
Behavior training from a certified behaviorist, as determined by
the Animal Control Officer.
(4)
The owner provides adequate security to the premises where the potentially
dangerous dog is kept, as specifically described in writing to the
owner by the Animal Control Officer. Said owner must comply within
30 days of receiving description.
(5)
Any other directive reasonably designed to protect the public or
any person or other animal from harm from the dog.
(6)
Any other remedy provided for by law.
D.
Outdoor Confinement. No person shall own, keep or harbor, or allow
to be upon any premises occupied by him under his charge or control,
any vicious dog; or any dog of a cross, dangerous or ferocious disposition,
or a dog that may manifest a disposition to bite, without it being
confined behind a fence and securely chained by a chain which will
not allow the dog to come closer than six feet to the fence, and not
take such dog out of the secure enclosure unless the dog is securely
muzzled and leashed on a leash no longer than four feet in length.
The dog must be under control of a responsible person 18 years of
age or older. No such dogs are allowed on or within 100 feet (unless
so confined or restrained pursuant to this bylaw) of any beaches,
playgrounds, bus stops or school property.
E.
Indoor Confinement. No vicious dog may be kept on a porch, patio
or in any part of a house or structure that would allow the dog to
exit such building on its own volition. In addition, no such animal
may be kept in a house or structure when the windows are open or when
screen windows or screen doors are the only obstacles preventing the
dog from exiting the structure, unless said dog is confined to a crate
or is on a restraint sufficient to restrain the dog from exiting the
house or structure.
F.
Signs. All owners, keepers or harborers of vicious dogs shall display
in a prominent place on their premises a sign easily readable by the
public, using the words "Beware of Dog". In addition, a similar sign
is required to be posted by the kennel or pen of such dog.
G.
Giving away, selling, bartering or transferring possession. In the
event that any dog deemed vicious under this section is given away,
sold, bartered possession of same is transferred, the orders and directives
of the Animal Control Officer as pertains to said dog shall remain
applicable. The owner, keeper or harborer shall inform the recipient
of said dog of same. Any person so receiving such a dog shall remain
subject to the orders and directives so issued. All owners, keepers,
or harborers of such dog will notify Animal Control in advance of
the dog's relocation, whether within the Town or elsewhere.
H.
Impoundment. Any dog found running at large or in violation of this
section shall be impounded by the Animal Control Officer and cannot
be claimed until the provisions of the section are met. The impoundment
fee is borne by the owner, whether or not such dog is claimed. Disposition
of dogs impounded and unclaimed shall be in accordance with the laws
of the Commonwealth of Massachusetts. The animal may be disposed of
by adoption or euthanasia, dependent upon species and condition of
the animal impounded, which determination shall be made by the Animal
Control Officer.
[Amended 5-6-2019 ATM by Art. 10]
I.
Destruction. When, in the judgment of the Animal Control Officer,
a dog should be destroyed after being determined to be vicious, G.L.
c. 140, section 157 shall be applicable.
J.
Dangerous or vicious dog surcharge. For any dog deemed a dangerous
or vicious dog there shall be an annual $50 surcharge due to the additional
services that are required by the Town in addition to the regular
licensing fee. The surcharge required by this provision shall be paid
within 30 days of the determination or order. Said surcharge shall
thereafter be due and payable at the time of obtaining the dog license
or renewal thereof.
K.
Penalties. After 30 days of being notified that a dog is dangerous
or vicious, any owner found not in compliance with any of the provisions
of this section shall be subject to a fine. Each day that the owner
is not in compliance with any provision shall constitute a separate
offense. These provisions may also be enforced under the Town's non-criminal
disposition bylaw.[1]
[Amended 5-6-2019 ATM by Art. 11]
L.
Appeals. In addition to any other appeal provided by law, any person
aggrieved by a determination or order of the Animal Control Officer
may appeal the same to the Select Board, which shall hold a hearing
under the provisions of G.L. c. 140, section 157, and all rights
of further appeal as provided for in said section or otherwise provided
by law shall apply.
[Amended 5-8-2021 ATM by Art. 6B]
[Added 5-4-2009 ATM by
Art. 11]
A.
Definition. A "potentially dangerous dog" as used in this section,
shall mean:
(1)
Any dog that is impounded or its owners cited for allowing a dog
to run off leash three or more times in a twelve-month period; or
(2)
Any dog that acts in a highly aggressive manner, when unprovoked,
within a fenced yard or enclosure and appears to the Animal Control
Officer to be able to jump over or escape. Vocalization or barking,
without move, shall not cause a dog to be deemed of a highly aggressive
manner.
B.
Duties of the Animal Control Officer when dog is deemed potentially
dangerous. When a dog is deemed to be potentially dangerous, the Animal
Control Officer may order the following:
(1)
Spay or neutering, if the animal is not already altered. The animal
will be exempt from such an order if a veterinarian certifies in a
written statement that the animal is unfit for alterations because
of medical conditions.
(2)
Microchip identification, if the animal is not already microchipped.
(3)
Behavior training from a certified behaviorist, as determined by
the Office of Animal Control.
(4)
The owner provides adequate security to the premises where the potentially
dangerous dog is kept, as specifically described in writing to the
owner by the Animal Control Officer. Said owner must comply within
30 days of receiving description.
(5)
Any other directive reasonably designed to protect the public or
any person or other animal from harm from the dog.
C.
Person responsible. No person under the age of 18 shall own, handle,
control or be responsible for a potentially dangerous dog.
D.
Signs. All owners, keepers or harborers of potentially dangerous
dogs shall display in a prominent place on their premises a sign easily
readable by the public, using the words "Beware of Dog". In addition,
a similar sign is required to be posted on the kennel or pen of such
dog.
E.
Penalties. After 30 days of being notified that a dog is potentially
dangerous, any owner found not in compliance with any of the provisions
of this section shall be subject to a fine for any first offense and
all subsequent offenses. Each day that the owner is not in compliance
shall constitute a separate offense. These provisions may also be
enforced under the Town's non-criminal disposition bylaw.[1]
[Amended 5-6-2019 ATM by Art. 11]
F.
Appeals. In addition to any other appeal provided by law, any person
aggrieved by a determination or order of the Animal Control Officer
may appeal the same to the Select Board, which shall hold a hearing
under the provisions of G.L. c. 140, section 157, and all rights
of further appeal as provided for in said section or otherwise provided
by law shall apply.
[Amended 5-8-2021 ATM by Art. 6B]
[Added 5-7-2013 ATM by
Art. 15]
A.
If any person shall make a complaint in writing to the Hearing Authority
and/or Animal Control Officer of the Town that any dog owned or harbored
within the Town is a nuisance dog or a dangerous dog, the Hearing
Authority and/or Animal Control Officer shall investigate or cause
the investigation of the complaint, which to the extent applicable
may include an examination under oath of the complainant at a public
hearing. Based on credible evidence and testimony present at the public
hearing, the Hearing Authority shall:
B.
In addition to any other remedy provided for in this bylaw, the Town,
Hearing Authority and the Animal Control Officer shall have such other
powers, rights and remedies as provided for by any applicable law.
