[Ord. No. 1177, § I, 11-15-2016[1]]
A. 
Any person owning or keeping a dog shall not suffer or allow said dog to run at large upon any street, way or other public place, such as a school, schoolyard or public recreational area; nor upon private premises of anyone other than the owner or keeper unless the owner or occupancy of said private premises grants permission therefor. For the purposes of this section and all other sections of this article, the term "at large" shall mean a dog which is:
(1) 
Unaccompanied by a person of adequate age and discretion to properly control its actions; and
(2) 
Is unrestrained by a leash or chain not exceeding six feet in length.
B. 
Further, whether or not a dog shall be "at large," no such dog shall be allowed on private property unless specific permission therefor has been granted by the owner or occupancy of said private property.
[1]
Editor's Note: This ordinance also repealed former Art. II, Dogs, adopted 11-16-1978 by Ord. No. 320, as amended.
[Ord. No. 1177, § I, 11-15-2016]
Any owner or keeper of a dog may be ordered to muzzle said dog by a duly appointed City Animal Control Officer or after a hearing by a majority vote of the City of Pittsfield's Animal Control Commission for either of the following reasons:
A. 
For having bitten, injured or physically molested any person; or
B. 
For having physically injured any domestic animal.
[Ord. No. 1177, § I, 11-15-2016]
A. 
Animal Control Officers may cause a dog to be impounded for any one of the following causes:
(1) 
If found without a license when a license is required. (MGL c. 140, § 137).
(2) 
If found at large as set forth in Section 2 1/2-21 above or as provided under MGL c. 140, § 167, as amended.
(3) 
For violation of a muzzling order as provided for in Section 2 1/2-22 of this article.
(4) 
For having bitten, injured or physically molested any person.
(5) 
For having bitten or injured any domestic animal.
(6) 
Where, in the officer's opinion, a medical emergency exists or where the dog is living in unsanitary, unsafe or abusive conditions. Abusive conditions exist when a dog does not have access to a shelter. "Shelter" is defined as access at all times to an enclosed doghouse, enclosed porch, or garage. Abusive conditions also exist when a dog is restrained by a rope or chain that is less than 15 feet in length. Abusive conditions exist when a dog is living in an area that is contaminated by its own feces, broken glass, nails, sharp metal or wood objects, or antifreeze or other harmful objects or substances. Abusive conditions also exist when a dog does not have access at all times to a proper supply of clean water and food. Where a dog is impounded for abusive conditions, the Animal Control Officer may take the dog to a veterinarian for treatment or call a veterinarian to inspect the dog at the owner's property. Where the owner is found in violation of this section, they must pay the veterinarian's fees.
B. 
Not later than two days after the impounding of any dog, the Animal Control Officer and the owner or keeper shall be notified, or if the owner or keeper of the dog is unknown or, after reasonable efforts, is not contacted, written notice shall then be posted for seven consecutive days in the location for the posting of public notices in the City Hall and the Police Department or on the City of Pittsfield's website and/or on the municipal animal shelter's Facebook page, which notice shall describe the dog and the place and time of taking. Dogs impounded and unclaimed by the owner or keeper after such seven-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A. Prior to the end of said seven-day period, the owner or keeper may obtain the release of any dog impounded hereunder as follows:
(1) 
In the case of a violation of Section 2 1/2-23A(1) within a calendar year, upon obtaining a license as required by law.
(2) 
In addition to compliance with Subsection B(1) of this section, all shelter and impound fees; veterinarian fees, which may include a fee for a rabies vaccination if proof of prior vaccination cannot be obtained; fines; notification costs, if any, must be paid before the dog is released.
(3) 
A person who owns or keeps a dog, and who has received such notice that the dog has been impounded by the Animal Control Officer, and does not, within seven days, claim said dog at the City pound shall be punished by a fine as stated in Chapter 4 1/2 of this Code. The "owner or keeper" shall be described as a person who has in their possession, for 11 consecutive days in any calendar year, a dog, licensed or unlicensed, and cannot show to the satisfaction of the Animal Control Officer that such dog was sold, killed, given away or otherwise disposed of.
[Ord. No. 1332, 11-13-2025]
[Ord. No. 1177, § I, 11-15-2016; Ord. No. 1332, 11-13-2025]
A person who finds a dog and fails to turn it over to the Animal Control Officer, police officer or municipal animal shelter within 24 hours shall be subject to a fine in accordance with Chapter 4 1/2 of this Code.
[Ord. No. 1177, § I, 11-15-2016; Ord. No. 1318, § I, 5-13-2025]
A. 
The owner or keeper of a dog over the age of six months shall obtain a license for the dog. A license shall not be granted unless the owner of the dog provides to the City Clerk a veterinarian's certification that the dog has been vaccinated in accordance with MGL c. 140, § 145B; certification that such dog is exempt from the vaccination requirement under said § 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog.
B. 
Application for a license must be made within 30 days of obtaining a dog over six months of age or within 30 days of moving a dog into the City. This requirement will not apply to a nonresident keeping a dog within the City for fewer than 60 days.
C. 
A license fee shall not be required for Seeing Eye dogs, governmental police dogs, service dogs as defined by the Americans with Disabilities Act and regulations promulgated thereunder, or for dogs owned by a person aged 70 years or over. Persons and entities exempt from paying license fees under this section shall nevertheless apply for a license with the licensing authority and cause their dogs to wear tags issued by the licensing authority.
D. 
License fees for dogs shall be as follows:
(1) 
A one-year license for a dog that has been spayed or neutered shall be as stated in Chapter 24, Schedule of Fees, of this Code.
[Ord. No. 1332, 11-13-2025]
(2) 
A one-year license for a dog that has not been spayed or neutered shall be as stated in Chapter 24, Schedule of Fees, of this Code.
[Ord. No. 1332, 11-13-2025]
(3) 
A one-year license for a dog that has been declared a dangerous dog or a nuisance dog is $100.
(4) 
No license fee shall be refunded in whole or in part for any reason.
[Ord. No. 1177, § I, 11-15-2016; Ord. No. 1318, § I, 5-13-2025]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL BOARDING OR TRAINING KENNEL
An establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal; provided, however, that "commercial boarding or training kennel" shall not include an animal shelter or animal control facility, a pet shop licensed under MGL c. 129, § 39A, a grooming facility operated solely for the purpose of grooming and not for overnight boarding or an individual who temporarily, and not in the normal course of business, boards or cares for animals owned by others.
COMMERCIAL BREEDER KENNEL
An establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers, or pet shops in return for consideration.
KENNEL
A pack or collection of dogs on a premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
PERSONAL KENNEL
A pack or collection of more than four dogs, three months old or older, owned or kept under single ownership, for private, personal use.
SHELTER
A public animal control facility or other facility which is operated by an organization or individual for the purpose of protecting animals from cruelty, neglect or abuse.
VETERINARY KENNEL
A veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that "veterinary kennel" shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary care.
B. 
A person maintaining a kennel shall obtain a kennel license. The City Clerk shall issue and renew kennel licenses as specified herein. In the case of an applicant for initial licensure or license renewal, the City Clerk shall deny a kennel license until a kennel has passed inspection by the Animal Control Officer.
C. 
A kennel license shall be valid for one year from the date of issuance. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by the Animal Control Officer. A kennel that owns or keeps a dog over the age of six months shall comply with MGL c. 140, § 145B. A commercial boarding or training kennel shall maintain records of individual dog licenses, as required by MGL c. 140, § 137, for all dogs in its care.
D. 
License fees for dogs shall be as follows:
(1) 
For a kennel or personal kennel which holds more than four but fewer than 10 dogs, the fee shall be as stated in Chapter 24, Schedule of Fees, of this Code.
[Ord. No. 1332, 11-13-2025]
(2) 
For a kennel or personal kennel which holds 10 or more dogs, the fee shall be as stated in Chapter 24, Schedule of Fees, of this Code.
[Ord. No. 1332, 11-13-2025]
(3) 
A domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering that otherwise complies with this section shall not be charged a fee.
(4) 
For purposes of this section, a dog under the age of three months shall not be counted in the number of dogs kept in a kennel.
E. 
The City Clerk shall specify on the license the type of kennel and the maximum number of animals that may be maintained by the licensee. Such number shall be determined by the City Clerk and the Animal Control Officer following the required inspection. For commercial boarding or training kennels, the number of animals shall be determined following the required inspection and in accordance with the regulations promulgated pursuant to MGL c. 140, § 174G, to ensure the premises can support the number of animals while ensuring their health and safety.
F. 
Annually, not later than June 1, the City Clerk shall send to the Department of Agricultural Resources a list of all kennels and their addresses licensed by the City.
G. 
A person who violates this section shall be assessed a fine by the Animal Control Officer of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
H. 
The Animal Control Officer shall inspect or cause the inspection of every kennel licensed within the City at least once per year. If a licensee or a person applying for a license to maintain a kennel refuses to allow an inspector to enter and inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of the license.
[Ord. No. 1177, § I, 11-15-2016; Ord. No. 1332, 11-13-2025]
A. 
The owner or keeper of any dog who shall be found by a Animal Control Officer or park security personnel to have defecated on private property other than that of its owner or keeper, or on a public sidewalk, or within the mowed, cleared, or otherwise regularly maintained areas of park property, including, but not limited to, beaches, playgrounds, picnic areas, basketball courts, playing fields of any kind, open fields, roads, paths, and designated parking areas, shall be subject to the fines stated in Chapter 4 1/2 of this Code.
B. 
The owner or keeper of any dog who knowingly allows any such dog to cause a nuisance by barking, howling or yelping to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities, shall be subject to the fines stated in Chapter 4 1/2 of this Code.
[Ord. No. 1177, § I, 11-15-2016]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DANGEROUS DOG
(1) 
Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places; or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or animals; or any dog whose owner or keeper has been cited on three separate occasions within the previous 12 months for failing to restrain said dog. Such incidents shall be evidenced by verified reports of the Animal Control Officer and shall be governed by the procedures set forth in MGL c. 140, §§ 157 and 157A.
(2) 
Notwithstanding the above definition of a dangerous dog, no dog may be declared dangerous if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog; or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; or any injury or damage was sustained by a domestic animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.
OWNER OR KEEPER OF A DANGEROUS DOG
An individual who is the licensed owner as well as an individual who keeps, harbors, or possesses a dangerous dog.
B. 
Confinement. While on the owner's or keeper's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure of a type meeting standards established by the Animal Control Officer or Animal Control Commission, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such enclosure must have a minimum dimension of five feet by 10 feet and must be securely enclosed. If such enclosure has no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the dog.
C. 
Restraint on public ways. No dangerous dog shall be permitted upon any public way unless muzzled and restrained by an appropriate dog lead or chain approved by the Animal Control Officer not exceeding three feet in length and is under the control of an adult. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. No dog designated as dangerous shall be permitted at public festivals, carnivals, parades or similar events without an event specific waiver from the Animal Control Officer.
D. 
Number limited.
(1) 
There shall be no more than one dangerous dog per dwelling unit allowed in the City unless approved by the Animal Control Commission.
(2) 
No owner or keeper shall be permitted to own, harbor or otherwise control or have custody of more than one dangerous dog, excepting a licensed kennel.
E. 
Possession by minor prohibited. It is prohibited for a minor to either own, harbor or to otherwise have control or custody of a dangerous dog.
F. 
Signs required. Notwithstanding any ordinance to the contrary, the owner or keeper of a dangerous dog shall display a sign or signs on their premises facing out from all sides of the premises warning that there is a dangerous dog on the property, the location and design of which shall be determined by the Animal Control Officer. The sign should be visible and capable of being read from a public way or within 20 feet of its placement. In addition, the owner or keeper shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog.
G. 
Liability insurance. The owner or keeper of a dangerous dog shall present to the Animal Control Officer proof that the owner or keeper has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dangerous dog during the twelve-month period for which the dog is licensed, which policy shall contain a provision requiring the City to be named as an additional insured for the sole purpose of the Animal Control Officer to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
H. 
Certification by owner or keeper. The owner or keeper of a dangerous dog shall, as a condition of registration, provide the Animal Control Officer with a signed statement certifying that:
(1) 
They shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which the dangerous dog is licensed, unless the owner or keeper shall cease to own or keep the dog prior to expiration of such license; and
(2) 
They shall notify the Animal Control Officer within 24 hours if a dangerous dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the dangerous dog has been sold or given away, the owner or keeper shall also provide the Animal Control Officer with the name, address and telephone number of the new owner of said dog.
I. 
Identification required. The owner or keeper of a dangerous dog shall, at their own expense, have the licensing number assigned to such dog, or other such identification number as the Animal Control Officer shall determine, either tattooed upon such dangerous dog by a licensed veterinarian or other person trained as a tattooist or, in the alternative, implanted by way of a microchip under such dangerous dog's skin. The Animal Control Officer may, in their discretion, designate the particular location of said tattoo or microchip.
J. 
Certain dogs exempted. The provisions of this section shall not apply to K-9 or other dogs owned or used by the Police Department or other law enforcement or public safety agencies.
K. 
Penalties.
(1) 
The owner or keeper of any dangerous dog who fails to comply with the requirements of this section shall be subject to criminal and noncriminal penalties as provided for by Sections 4 1/2-1 and 4 1/2-2 of Chapter 4 1/2. Each day there exists a violation of any provision of this ordinance shall constitute and be punishable as a separate offense.
(2) 
If any dangerous dog is found on property not owned or controlled by its owner or keeper, or not restrained in a secure area as required by this section on two separate occasions within a twelve-month period, as documented by the Animal Control Officer, said animal shall be forever banned from within the limits of the City of Pittsfield.
(3) 
A dog shall not be considered legally licensed pursuant to MGL c. 140, §§ 137 and 147, unless the owner or keeper is in full compliance with this section.
[Ord. No. 1223, § I, 2-11-2020; Ord. No. 1318, § I, 5-13-2025]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation.
BREEDER
A person that maintains a dog, cat, or rabbit for the purpose of breeding and selling their offspring.
BROKER
A person that transfers a dog, cat, or rabbit from a breeder for resale by another person.
CAT
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
FLEA MARKET
A building, structure or open area occupied by one or more vendors, other than retail stores, for sale to the public of new or used goods or products on a seasonal, limited or full schedule of operation.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of a dog, cat, or rabbit.
PET SHOP
Shall have the meaning as provided in MGL c. 129, § 1. Such definition shall not include an animal care facility or animal rescue organization, as defined herein.
RABBIT
A member of the species of domestic rabbit, Oryctolagus cuniculus.
B. 
Restrictions on the sale of cats, dogs and rabbits.
(1) 
No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats, dogs, or rabbits. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs, cats, or rabbits, provided the pet store shall not have any ownership interest in the animals offered for adoption and shall not receive a fee for providing space for the adoption of any of these animals.
(2) 
No person shall sell, exchange, trade, barter, lease, or display for a commercial purpose any dog, cat, or rabbit on or in any street, roadside, public right-of-way, parkway, median, park, other recreation area, commercial parking lot, flea market, or other outdoor market, or commercial or retail parking lot, except for a dog, cat, or rabbit displayed by a shelter or animal rescue organization or as part of a 4-H program or similar exhibition or educational program.
(3) 
No person shall sell, offer to sell, exchange, trade, barter, lease or transfer for permanent physical placement of a dog or cat in violation of MGL c. 140, § 141C. The Animal Control Officer shall enforce this section in a manner consistent with the disposition provisions in MGL c. 140, § 21D.
C. 
Recordkeeping and disclosure.
(1) 
Each pet shop shall maintain records sufficient to document the source of each dog, cat, or rabbit the pet shop showcases for adoption for at least two years following the date of acquisition of each dog, cat, or rabbit. Such records shall be made available, immediately upon request, to any Animal Control Officer or police officer and/or Code Enforcement Officer.
[Ord. No. 1332, 11-13-2025]
(2) 
Each pet shop offering space for animal care facilities or animal rescue organizations to showcase adoptable dogs, cats, or rabbits shall post, in a conspicuous location on the cage or enclosure of each animal, a sign listing the name of the animal care facility or animal rescue organization from which each dog, cat, or rabbit showcased in the cage or enclosure came from.
D. 
Enforcement.
(1) 
The Animal Care and Control Unit and/or the Pittsfield Police Department shall have the authority to enforce all violations of this section. Any animal being offered for sale or transfer, or displayed for adoption, in violation of this section may be seized or impounded.
(2) 
Animals seized pursuant to this section will be held for a period of seven days. The person or entity in violation of this section may file for an administrative hearing to appeal the seizure within seven days of the seizure of the animal(s). If, after seven days, the person or entity fails to file an appeal, the animals shall be surrendered to the City of Pittsfield Animal Control.
E. 
Penalty. Any person or pet store that violates this section shall be subject to a civil penalty as provided in Chapter 4 1/2, and each dog, cat, or rabbit offered for sale or transfer, or displayed for adoption in violation of this section shall constitute a separate violation.
[Ord. No. 1332, 11-13-2025]
F. 
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this section, which shall continue in full force and effect, and to this end, the provisions of this section are hereby declared to be severable.
G. 
Effective date. This section shall become effective 90 days after passage.
[Ord. No. 1177, § I, 11-15-2016]
Any person who violates any provision of this article shall pay the fines stated in Chapter 4 1/2. Each day in which any violation exists shall be deemed to constitute a separate offense.