The purpose of this bylaw shall be to establish the rights and responsibilities of dog owners and/or their assigns in the Town of Lanesborough.
[HISTORY: Adopted by the Town Meeting of the Town of Lanesborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-2021 ATM by Art. 22]
As used in this bylaw, the following terms shall have the meanings indicated:
Any officer appointed by the Select Board to enforce laws relating to animals.
The time between April 1 and March 31; both dates are inclusive.
Animals or fowl kept or propagated by the owner for food or as a means of livelihood, kept in proper houses or suitably enclosed yards. Such phrase shall not include dogs, cats and other pets.
Any person or persons, firm, association or corporation owning, keeping, or who has in his or 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/Dog 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.
Any owner or keeper of a dog over the age of six months in the Town 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 kennel license.
D.
All dogs and cats six months of age or older must be current with vaccinations against rabies as per G.L. c. 140, § 145B.
E.
The annual fee for every dog or kennel license, and all fines relevant to animal control, shall be established in accordance with G.L. c. 140, § 139. No fee shall be charged for a license issued under this section for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder.
F.
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.
G.
No license fee shall be refunded in the whole or part for any reason.
H.
Should any owner or keeper of an animal fail to license that animal as required under G.L. c. 140 before April 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 G.L. 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, 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 April 1.
I.
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.
J.
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 amount 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 the bylaw to fail to pay any said sum due hereunder; this remedy shall be cumulative.
The provisions of G.L. c. 140, § 153, as amended, are incorporated herein.
A.
The owner or keeper of a dog which 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 G.L. c. 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 for such damage upon the 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 agent thereto authorized in writing may, after written notice to the owner or keeper, enter upon the premises of the owner or keeper of any dog known to them to have killed livestock or fowl, and 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, the Select Board or its agent shall allow him seven days, exclusive of Sundays and holidays, in which to procure and prepare the same and to present it to the Board or to file 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 shall maim or kill 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(s) duly appointed or, in their 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.
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 office pertaining to his/her ownership of an animal; or 2) is found guilty of cruelty to animals; or 3) refuses to surrender any animal to the Animal Control Officer upon demand as authorized by §§ 14-4 and 14-5 of this bylaw; or 4) violates a Select Board order shall be punished by a fine of not more than $25 for the first offense, and not more than $100 for the second or subsequent offenses.
C.
Notwithstanding any provisions of the General Laws to the contrary, any person who: 1) violates a provision of this bylaw; or 2) 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 3) is the owner/keeper of an animal found to have bitten or injured any person, dog or other animal; or 4) is the owner/keeper and fails to vaccinate against rabies pursuant to G.L. c. 140, § 145B, may be subject to a fine of not more than $50.
D.
If the owner/keeper fails to license animals pursuant to G.L. c. 140 and this bylaw, the owner/keeper shall be subject to a fine of $25. If the animal is not licensed within 10 days upon notification of the violation, the owner/keeper shall be subject to a fine of $50.
E.
Where applicable, each day shall constitute a separate offense.
F.
Any Animal Control Officer who takes cognizance of a violation of any of the above offenses may issue or mail a notice of complaint of violation of municipal animal control bylaw to the owner or keeper of such animal.
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 the bylaw shall not be affected thereby.
[Adopted 6-8-2021 ATM by Art. 22]
If any animal shall defecate upon any property or area, as hereinafter defined, then the owner, keeper or person then walking or otherwise in charge of said animal shall immediately remove or cause to be removed from said property or area all feces so deposited by said animal. Unless said feces are removed, the owner, keeper or the person then walking or otherwise in charge of said animal (or if the owner, keeper or person shall be under the age of 18, then the parent or guardian) shall be deemed to have committed a punishable offense.
As used in this article, the following terms shall have the meanings indicated:
Any public property or the common areas of any privately owned property or any private property owned or occupied by any person or persons who are not members of the family of the owner or keeper or of the person then walking or otherwise in charge of the animal.
The provisions of this bylaw shall not apply to a guide animal, hearing animal or service animal while actually engaged in the performance of its trained duties with a disabled person.
The commission of any offense punishable under this article shall be punishable by a noncriminal disposition fine of $50 to the owner, keeper or person then walking or otherwise in charge of said animal, for each offense.