[HISTORY: Adopted by the Town Meeting of the Town of Whitman as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-2021 ATM by Art. 21, AG approved 9-24-2021, eff. 10-6-2021]
The following words and phrases shall have the following meanings:
ANIMAL CONTROL OFFICER
Any officer appointed by the Select Board under the bylaws of the Town for the enforcement of said Dog Control Rules and Regulations Bylaw.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
COMMERCIAL KENNEL
A kennel maintained as a business for the boarding or grooming of dogs, or which sells dogs born and raised on the premises from four or more litters per year.
HOBBY KENNEL
A kennel maintained for a collection of seven to 10 dogs or for breeding dogs for show or sport, or which sells dogs from less than four litters per year, not to exceed 10 dogs on the premises over the age of three months.
KEEPER
Any person, corporation or society, other than the owner, harboring or having in his/her possession any dog.
KENNEL
One pack or collection of four or more dogs over the age of three months kept on a single premises, not to exceed six dogs.
LICENSE PERIOD
The time between July 1 and the following June 30, both dates inclusive.
SELECT BOARD
The chief executive officers of the Town of Whitman, a political subdivision of the commonwealth.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
A. 
Effective July 1 of each year, the annual fee for every dog license, except as otherwise provided by law, shall be $15 unless a certificate of a registered veterinarian who performed the operation that such dog has been neutered or has been spayed and has thereby been deprived of the power of propagation has been shown to the Town Clerk, in which case the fee shall be $10.
B. 
A certified copy of such certificate on file in the office of any city or town clerk within the Commonwealth of Massachusetts may be accepted as evidence that such operation has been performed. If the Town Clerk is satisfied that the certification by the veterinarian who neutered or spayed the dog cannot be obtained, the Town Clerk may accept in lieu thereof a statement under the penalties of perjury by a veterinarian registered and practicing in the commonwealth describing the dog and stating that the veterinarian has examined such dog and in the veterinarian's opinion the dog is not capable of propagation by reason of neutering or spaying. Until the veterinarian has examined the dog in question, the license fee for the licensing period shall be at the rate of the unneutered male or spayed female.
C. 
When applying for a license, the applicant must also show proof, by a veterinarian certificate, that the dog has been vaccinated against rabies, within the last three years if the dog is six months of age or over, as required by MGL c. 140, § 145B.
D. 
In addition to the requirement that a dog shall be duly licensed as required by law, the owner of a dog which is not licensed on or before August 31 in any year shall be subject to a "late fee," so-called, of $25. Said fee is to be paid to the Town Clerk in addition to the license fee for all dogs licensed on or after August 31 of any year. The late fee must be paid before a license tag will be issued.
E. 
Every dog licensed under the provision of this bylaw shall wear a collar or harness to which shall be securely attached a proper and valid 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 a cost of $3.
F. 
The provisions of this section shall not apply to institutions licensed under MGL c. 140, § 174D, to pet shops licensed under MGL c. 129, § 39A, to any person operating a kennel or where otherwise provided by law.
A. 
Any owner or keeper of four or more dogs, over the age of three months, shall obtain a kennel license upon submission of written application and approval of the Board of Appeals to the Town Clerk. The kennel license shall be on a prescribed form and shall specify the name of the owner, the name of the kennel, the name of the keeper and the location of such kennel. Such license shall specify the maximum number of dogs to be kept on the premises at any one time.
B. 
The fees for each classification of kennel license shall be as follows:
(1) 
Kennel license, as defined: $30.
(2) 
Hobby kennel license, as defined: $60.
(3) 
Commercial kennel license, as defined: $150.
C. 
A kennel license shall be in lieu of any other license upon a variance granted by the Board of Appeals (see Chapter 240, Zoning), required for any dog which may be kept in such kennel for any portion of the period for which the license is issued. The owner or keeper of such kennel shall renew the license prior to the commencement of each succeeding license period.
D. 
While at large, each dog in a kennel shall wear a collar or harness to which shall be securely attached a tag upon which shall appear the number of the kennel license and the year of issuance and the name of the Town.
E. 
A veterinary hospital shall not be considered a kennel unless it contains an area for the grooming or selling of dogs, or for the boarding of dogs for other than medical or surgical purposes, in which case it shall apply in writing to the Town Clerk, submitting approval from the Board of Appeals for the required kennel license.
F. 
The Chief of Police or Animal Control Officer of the Town shall at any time inspect or cause to be inspected any kennel and if, in their judgment, the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, shall by order revoke or suspend said kennel license. In the case of suspension of said license, the Select Board may reinstate such license and impose conditions and regulations upon the operation of said kennel.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
A. 
In accordance with MGL c. 140, § 145B, the owner or keeper of a dog which has reached the age of six months shall cause that dog to be vaccinated by a veterinarian using a vaccine approved by the Department of Public Health.
B. 
Upon vaccination, the veterinarian shall provide a tag, which shall be secured to the collar or harness of the dog, which shall show the year the vaccination was given, and shall prepare three copies of a form which shall specify the name and address of the owner or keeper of the dog, the name, registration number, rabies tag number, license number, life of the vaccine and the name of the company that produced the vaccine. The veterinarian shall mail one copy to the Town Clerk, present one copy to the owner or keeper of the dog and keep one copy.
C. 
Unvaccinated dogs acquired or brought into the Town shall be vaccinated within 30 days after acquisition or entry into the Town or upon reaching the age of six months, whichever comes later.
D. 
Vaccinated dogs shall be revaccinated periodically in accordance with rules and regulations adopted and promulgated by the Department of Public Health.
E. 
Whoever violates the provisions of this section shall be punished by a fine of not less than $25.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
In accordance with applicable law and Town bylaws, the Select Board shall, from time to time, appoint one or more Animal Control Officers who shall receive an annual salary which shall be set by the Select Board, who may be police officers or constables, who shall serve at the pleasure of the Select Board.
A. 
The Animal Control Officer shall attend all complaints or other matters regarding dogs in the Town.
B. 
The Animal Control Officer shall, at least twice in each year, inspect every premises holding a kennel license and shall issue a written report of the conditions of said kennel to the Select Board and to the Board of Health, stating his/her opinion as to maintenance, humane and sanitary conditions and if records are properly kept by the owner or keeper of said kennel.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
C. 
No Animal Control Officer shall be a licensed animal dealer registered with the United States Department of Agriculture, and no Animal Control Officer or any representative shall sell any animal to any licensed animal dealer registered with the United States Department of Agriculture.
D. 
The Animal Control Officer shall be responsible for the supervision of and the maintenance and care of the animal control shelter in the Town, and shall maintain such shelter in a humane and sanitary condition.
E. 
The Animal Control Officer shall be responsible for maintaining records of all animals that become the subject of any action. The Animal Control Officer shall record each complaint and the nature thereof and what action, if any, was taken by the Animal Control Officer or any other authority of the Town.
F. 
The Animal Control Officer shall maintain records of each dog confined under his/her care and custody for any reason whatsoever, stating the reasons for such confinement, the breed and color of the dog, the date the dog came under the control of the Animal Control Officer, the final disposition of the dog and the date of that disposition. Records of the Animal Control Officer are public records and must be made available during normal working hours to any person requesting same.
G. 
The Animal Control Officer shall examine any premises to be used as a proposed kennel and must submit a written report to the special permit granting authority stating his/her opinion as to whether or not such a site would be suitable for the type of kennel license requested.
A. 
The Select Board shall annually, within 10 days after September 1, issue a warrant directing the Animal Control Officer to seek out, catch and confine all dogs within the Town which are not licensed, collared and tagged as required by this bylaw, and to enter and prosecute a complaint for failure to comply with the provisions of this bylaw against the owner or keepers thereof, if known. The Animal Control Officer shall euthanize, or cause to be euthanized in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia, or at the end of a seven-day period, any dog that remains unclaimed. The Animal Control Officer may make available for adoption any dog found free of disease for a sum not less than $3, to be determined by the Town, and shall turn over all monies to the Town Treasurer.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
B. 
Before delivery of any dog so sold, the Animal Control Officer shall require the purchaser to obtain a license from the Town Clerk where the dog is to be kept, or shall require the purchaser to pay the appropriate license fee with an application for a dog license to the Animal Control Officer.
C. 
All dogs confined under this section shall be confined in a suitable and humane detention area, or they may be placed in the care of a holder of a kennel license or with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, abuse or neglect.
D. 
The Town Clerk shall annually, on September 1, provide to the Select Board a listing of all dog licenses issued in the preceding year, their name and address, and a listing of all persons shown on the annual census who, as of January 1, were the owner or keeper of a dog and their address. The Town Clerk shall further provide to the Select Board a listing of all persons in the current year who have licensed their dogs and their address. The Select Board shall attach all such lists to the warrant.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
The warrant to the Animal Control Officer will be in the following form:
COMMONWEALTH OF MASSACHUSETTS
PLYMOUTH, ss.
To _______________________, Animal Control Officer of the Town of Whitman, you are hereby required to catch and confine all dogs within the Town of Whitman not duly licensed, harnessed or collared and tagged. You shall record in writing the date, time and location of each apprehension and confinement, and shall describe the appearance of each dog caught, the condition under which it was caught and its final disposition. You shall maintain each record for one year following the apprehension and confinement of each dog and such record will be available for public inspection during that one year.
You shall issue a citation against the owner or keeper of every such dog whose owner or keeper can be identified.
You shall confine every such dog for a period of not less than 10 days, unless during that 10 days you release that dog to its owner or keeper if such dog has been licensed, collared or harnessed and tagged and the owner or keeper has paid to you the sum of $3 for every day the dog was in your custody, which shall be transmitted to the Town Collector.
At the expiration of the ten-day confinement period, you may allow any person to adopt a healthy dog, upon presentation of a valid positive identification, in accordance with § 110-7 of the Dog Control Bylaw.
Hereof fail not, and make due return of this Warrant with your doings thereon on or before the first day of October next, on or before the first day of April next and on or before the first day of June next, stating the number of dogs caught, confined and/or destroyed or sold, along with the names and addresses of the owners of keepers thereof, if known, and whether all unlicensed dogs in the Town of Whitman have been caught, confined, destroyed or sold and the names of persons against whom complaints have been made.
Given under our hand and seal at Whitman, the __________ day of September, 20_____
(Signed by the Select Board)
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
The Animal Control Officer to whom such warrant is issued shall make returns on or before October 1, on or before January 1, on or before April 1, on or before June 1 and at the expiration of the Animal Control Officer's term of office to the Select Board, and shall state in said returns the number of dogs which the Animal Control Officer has caught, confined, killed or sold, the names or persons against whom complaints have been entered and whether complaints have been entered against all persons who have failed to comply with this bylaw since the previous report.
No person shall own or keep in the Town any dog which by biting, excessive barking, howling or any other manner disturbs the quiet of the public.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
If any person shall make a complaint in writing to the Animal Control Officer that any dog owned or harbored within his/her jurisdiction is a nuisance by reason of vicious disposition or excessive barking or of other disturbance, the Animal Control Officer shall investigate such complaint, which may include an examination under oath of the complainant, submit a written report to the Select Board of his/her findings and recommendations, together with the written complaint. Upon receipt of such report and examination the complainant and the owner of the dog, under oath, the Select Board after hearing, of which time the owner of the dog will be given due notice to appear, may make such order concerning the restraint, muzzling, disposal of such dog, dismissal of the complaint or such other action as may be deemed necessary. The Animal Control Officer, after 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 interim order, upon expiration of the period the interim order is automatically vacated.
A. 
The Animal Control Officer may restrain or muzzle, or issue an interim order to restrain or muzzle, for a period not to exceed 14 days, any dog for any of the following reasons:
(1) 
For having bitten or threatened (worried) any person.
(2) 
If found at large or unmuzzled, as the case may be, while an order for the restraint of such dog is in effect. For the purpose of this bylaw, the term "at large" means a dog which:
(a) 
Is unaccompanied by a person of adequate age and discretion to properly control its actions; and
(b) 
Is unrestrained by a lead or chain of less than seven feet that is of suitable test for the size of the dog being restrained.
(3) 
If found in a school, schoolyard or other recreational area.
(4) 
For having killed or maimed or otherwise damaged any domesticated animal.
(5) 
For chasing any vehicle (including bicycles) upon any public way or way open to public travel in the Town.
(6) 
For any violation of § 110-2.
All of the above are subject to penalties or fines.
B. 
Upon restraining or muzzling, or issuing an interim order to restrain or muzzle, the Animal Control Officer shall submit, in writing, to the Select Board a report of his/her action and the reasons therefor. Upon receipt of such report, the Select Board may make such order concerning the restraint, muzzling or disposal of such dog as may be deemed necessary. If the Select Board fails to act upon the report during the period the dog is restrained or muzzled, upon expiration of the period, the interim order automatically is vacated. If the dog is ordered to be restrained or muzzled six weeks of a twelve-month period, the Select Board must issue a permanent order of restraint, muzzling or disposal of said animal.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
The owner or keeper of any dog that has been ordered to be restrained or muzzled or which has been restrained under this bylaw may, within 10 days after such order, bring a petition in the District Court, addressed to the justice of the court, praying that the order may be reviewed by the court, and after such notice to the officer or officers involved as the court may deem necessary it shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. The decision of the court shall be final and conclusive upon the parties.
Any person owning or harboring a dog shall not cause or allow said dog to roam at large in any of the streets or public ways or places within the Town of Whitman, or upon the premises or anyone other than the owner or keeper, unless the owner or occupant of such premises expressly grants permission. Under no circumstances shall a dog, even though secured by suitable lead, be allowed on private property, unless specific permission has been granted by the owner of said property. No dog shall be permitted in any public place or on public thoroughfares, inclusive of all Town-owned property and properties under the authority of the Commonwealth of Massachusetts that are situated in the Town of Whitman, unless said dog is restrained by a chain or lead not exceeding seven feet in length that is of suitable test for the size of the dog that is being restrained, and is attended 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.
Any dog within the limits of the Town unlicensed or not wearing a valid license tag shall be impounded by the Animal Control Officer and not released until pound fees, in accordance with the General Laws, and pick-up fees are paid and a current license is obtained from the Town Clerk. The pickup fee shall be $10, with said fee to go to the Town. Any dog not claimed within 10 days will be disposed of by the Animal Control Officer by whatever humane means are available.
If the Animal Control Officer determines that a dog in her estrus cycle (even when confined to the property of the owner or keeper) is attracting other dogs to her area, which condition causes disturbance on or damage to neighboring property or public areas, the Animal Control Officer may pick up and impound the dog for the duration of her estrus cycle, releasing thereafter to the owner or keeper upon payment of pickup and pound fees; or the Animal Control Officer may require the owner or keeper to place and keep such dog, while in such cycle, in a commercial or boarding kennel or to remove it from the area so that the nuisance is abated.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 7-30-2024]
The Select Board may select a commercial kennel facility within the Town or use the existing Town kennel to impound or keep dogs that have been apprehended by the Animal Control Officer as being strays or violators of the law, providing that both of the foregoing are within cost limitations and specifications set by the Select Board.
The fine schedule for each offense shall be set at as forth with respect to the violation of state law in which the amount assessed by the commonwealth will be cited. Offenses of the section shall apply within the calendar year.
A. 
Violation of the leash law/dog at large:
(1) 
First offense: $30.
(2) 
Second offense: $50.
(3) 
Third and subsequent offenses: $100.
B. 
Dog bite. The Animal Control Officer must make a judgment as to the severity and provocation of the bite to determine processing and procedure of this violation:
(1) 
First offense: written warning.
(2) 
Second offense: $30 and a nuisance/dangerous dog hearing.
(3) 
Third and subsequent offenses: $60 and a nuisance/dangerous dog hearing.
C. 
Dog found in school yard; additional to Subsection B:
(1) 
First offense: written warning.
(2) 
Second and subsequent offenses: $50.
D. 
Failure to comply with order of restraint in accordance with MGL c. 140, § 168: $25.
E. 
Failure to comply with notice to kill or confine in accordance with MGL c. 140, § 164: a fine not less than $25 and a police officer, constable or animal control officer may euthanize the dog in a humane manner if it is found outside the enclosure of its owner or keeper and not under the owner's or keeper's immediate care.
F. 
Failure to vaccinate against rabies in accordance with MGL c. 140, § 145B: $100.
If a complaint against a dog and dog owner or keeper is filed in the District Court by the Dog Officer, the schedule of fines and penalties contained in § 110-18 above shall be applicable.
A dog which has been picked up and in the custody of the Animal Control Officer will not be released to its owner or keeper unless the following fees have been paid:
A. 
A pickup fee of $30.
B. 
A fee of $10 per day for each day the dog has been in the Animal Control Officer's care (see MGL c. 140, § 151A).
C. 
If not licensed, a paid receipt from the office of the Town Clerk showing proper license fee (under § 110-2) has been paid and that all late fees have been paid.
D. 
All fines assessed must be paid within 21 days, if such fines are applicable.
A. 
Restrictions on urination and defecation. An owner or keeper of an animal will remove and dispose of any feces left by such animal on any sidewalk, street, park or other public area, or on any private property which is not owned or occupied by such owner. If an animal defecates on property other than that of the owner or keeper, the owner or keeper of the animal is responsible for the immediate removal of the feces.
B. 
Restrictions on disposal. Feces will only be disposed of at a place suitable and regularly reserved for the disposal of human feces or otherwise designated as appropriate by the Board of Health, to include appropriate amounts of feces that can be disposed of in the regular trash, provided it is contained in a plastic or paper bag.
C. 
Exemption. Subsection A of this bylaw will not apply to a person who, by reason of a physical disability, is unable to comply with the requirements of such section.
D. 
Violations and penalties.
(1) 
Whoever violates the provisions of Subsections A and B of this bylaw may be fined up to the maximum provided for this bylaw.
(2) 
In addition to the enforcement as described above, the provisions of this bylaw may also be enforced by non-criminal complaint pursuant to the provisions of the MGL c. 40, § 21D, and such penalties will be:
(a) 
For a first offense: $20.
(b) 
For a second offense: $35.
(c) 
For a third and subsequent offense: $50.
E. 
Complaints. A complaint form must be sworn to by the complainant before any enforcement action is taken, except when the Animal Control Officer or Board of Health observes the offense.