[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
Acting under Massachusetts General Law and pursuant to Mass.
Gen. Laws Ch. 140, §§ 136A through 174F inclusive,
and under any other applicable laws and regulations, the City of Watertown
hereby adopts this chapter in the interest of protecting the health
and safety of its citizens, dogs, cats and wildlife.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
ANIMAL CONTROL AGENT
ANIMAL CONTROL OFFICER
ANIMALS
AT LARGE
DANGEROUS CAT
DANGEROUS DOG
DOMESTIC ANIMAL
FERAL CAT
IMPOUND
INDOOR CAT
KEEPER or OWNER
LEASH
NUISANCE DOG
(1)
(2)
(3)
OUTDOOR CAT
SERVICE ANIMAL
STRAY CAT
CITY
UNCONFINED
WATERTOWN POLICE OFFICER
WILD ANIMAL
The following definitions shall be defined as written unless the
context indicates or requires a different meaning:
Any duly authorized employee or agent of the City of Watertown
who may enforce the provisions of the Watertown Animal Control Ordinance.
An appointed, duly authorized employee of the City of Watertown
whose primary responsibility is to enforce the provisions of the Watertown
Animal Control Ordinance and Mass. Gen. Laws Ch. 140, §§ 136A
through 174F inclusive.
All mammals, fowl and reptiles, except human beings.
Off the premises of the owner or keeper, and not under the
control of the owner or keeper, either by leash, cord, chain or otherwise.
A cat that either:
A dog that either:
An animal that has been domesticated by humans so as to live
and breed in a tame condition and depends on humankind for survival;
any animal listed in 321 Commonwealth of Massachusetts Regulations
(CMR) 9.02(3), except as provided in 321 CMR 9.02(2)(d).
A domestic cat who has been born and raised without contact
to humans, or a domestic cat who has not had contact with humans for
a significant period of time and has become un-socialized to humans;
a feral cat is fearful of humans, may depend on humans for survival
by means of a caretaker who provides food and a shelter, and is not
likely to ever become an indoor cat.
Take into the custody of the animal control officer or animal
control agent.
A domestic cat that lives in a dwelling or home, has a litter
box, food, shelter, etc., provided by the keeper or owners and is
never allowed outdoors; an indoor cat is dependent on humans for survival.
Any person owning, possessing, controlling, harboring or
having custody of an animal.
A restraint of an appropriate length and made of a sturdy,
unfrayed material suitable to allow the dog owner or keeper to maintain
control over the dog. A leash is used to restrain the dog when upon
the streets, sidewalk or any public areas, or to restrain the dog
from entering these said areas.
A dog that:
By excessive barking or other disturbance, is a source of annoyance
to a sick person residing in the vicinity;
By excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's quiet
and peaceful enjoyment; or
Has threatened or attacked livestock, a domestic animal or a
person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
A domestic cat that lives in a dwelling or home, has a litter
box, food, shelter, etc., provided by the keeper or owner, but is
also allowed outdoors for any length of time during the day; an outdoor
cat is dependent on humans for survival.
In accordance with the Americans with Disabilities Act (ADA),
28 C.F.R. Part 36.104, any dog that is individually trained to do
work or perform tasks for the benefit of an individual with a disability,
including a physical, sensory, psychiatric, intellectual, or other
mental disability. Service animals must be harnessed, leashed or tethered,
unless these devices interfere with the service animal's work or the
individual's disability prevents their use. In that case, the individual
must maintain control of the animal through voice, signal, or other
effective controls. Service animals are allowed to accompany people
with disabilities in all areas where the public is allowed to go.
Other species of animals, whether wild or domestic animals, trained
or untrained, are not service animals for the purpose of this definition.
Dogs whose sole function is to provide comfort, emotional support,
well-being or companionship do not qualify as service animals under
the ADA.
A domestic cat, socialized to humans, who has lived as a
pet in a domestic home, but has been abandoned, lost, or has left
its domestic home; a stray cat is dependent on humans for survival.
The City of Watertown, Massachusetts.
Not securely confined indoors, or in a securely enclosed
and locked pen or dog run area on the premises of the owner or keeper.
Any duly authorized employee of the Watertown Police Department
who may enforce the provisions of the Watertown Animal Control Ordinance.
Any animal not kept as a domesticated animal that is indigenous
to this area of the state, including, but not limited to, coyotes,
raccoons, beavers, wild turkeys, skunks, opossums, fishers, squirrels,
chipmunks, rodents, and more.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
Annual dog licensing fee. No person shall own or keep a dog, six
months of age or older, within the City unless an annual license for
such dog is obtained from the City Clerk. The fee for such a license
shall be $10 for each dog. The licensing period shall be from January
1 through December 31. The license fee for each dog owned or kept
by persons aged 60 or older shall be $5. The provisions of this chapter
shall not apply to veterinary establishments that are subject to kennel
licensing. Pursuant to Mass. Gen. Laws Ch. 140, § 139(C),
no licensing fee shall be charged for a service animal.
(B)
Rabies vaccination. No dog shall be licensed unless a valid rabies
vaccination certificate is presented to the City Clerk at the time
of licensing. All dogs shall be vaccinated against rabies in accordance
with Mass. Gen. Laws Ch. 140, § 145B.
(C)
Additional requirements. No dog six months of age or older shall
be licensed unless there is presented to the City Clerk at the time
of licensing either:
(1)
Proof that the dog has been spayed or neutered;
(2)
A statement signed by a veterinarian stating a reason why spaying
or neutering has been delayed;
(3)
A statement signed by the owner or keeper of the dog that a
decision has been made not to spay or neuter the dog; or
(4)
A statement signed by a veterinarian or the animal control officer
that the animal appears to have been spayed or neutered in the past.
(D)
Breeder's license. An annual breeder's license shall be obtained for any dog with respect to which a statement is presented that a decision has been made not to spay or neuter. The fee for such a breeder's license shall be $25 for each dog, and such fee shall be in addition to the fee imposed pursuant to § 91.03(A) of this chapter.
(E)
Number of licensed dogs. Not more than three dogs over six months
of age shall be kept in a household. Any variance to this number of
licensed animals must first be approved by the Board of Health.
(F)
License tags. Every dog shall display a dog license on its collar.
The dog owner and/or keeper shall present the dog license tag when
request is made by the animal control officer, animal control agent,
or police officer. Dogs not displaying dog licenses are subject to
impoundment until licensure is attained.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
Any person owning or keeping a dog shall not suffer or allow it to run at large in any of the streets or public ways, or places in the City, or upon the premises of anyone other than the owner or keeper, unless the owner or occupant of such premises grants permission. Under no circumstances shall a dog, even on a leash, be allowed on private property, unless specific permission has been granted. No dog shall be permitted in any public place or street within the City of Watertown unless it is effectively restrained by a chain or leash, except at a City-designated dog park pursuant to § 91.09(E) of this chapter.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
No dog shall be allowed on school property, in cemeteries, or in
public parks maintained by the City. Service animals are exempt from
this provision.
(B)
Notwithstanding the provisions of division (A) above, dogs on leashes
shall be permitted on marked or paved walking paths on Whitney Hill
Park, Saltonstall Park, Arsenal Park, Linear Park, Filippello Park,
Howe Park and the park behind 552 Main Street, exclusive of athletic
tracks and tot-lot surfaces.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
Removal of dog waste from public and private property. Each person
who owns or keeps a dog within the City, shall immediately remove
and dispose of any feces left by such dog on any sidewalk, planting
strip, street, park or other public area, or on any private property
not owned or occupied by such person. Any such dog is to be accompanied
by a person carrying a device suitable for picking up and containing
feces, unexposed to such person and to the general public.
(B)
Method of dog waste disposal. Dog waste or feces may only be disposed
of in a sanitary manner. Dog waste shall not be disposed of in catch
basins.
(C)
Exemptions to the removal of dog wastes. Divisions (A) and (B) shall
not apply to a service animal accompanying any individual with a disability,
who, by reason of a disability, is physically unable to comply with
the requirements of these divisions.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
Notice of impoundment.
(1)
It shall be the duty of any animal control officer, or his/her
designee, to apprehend any dog found running at large and/or any unlicensed
dog in any street or public place within the City, and to impound
such dog in the place provided therefor.
(2)
The owner or keeper of any dog so impounded may reclaim such
dog within seven days and upon payment of the license fee, if unpaid,
all outstanding citations, boarding fees for each day the dog was
held, all veterinary costs, and all other associated costs as applicable.
(B)
Unclaimed dogs. The animal control officer shall make reasonable
efforts to determine the identity of the owner or keeper of any dog.
If any dog is impounded pursuant to this chapter and its owner and/or
keeper cannot be identified within seven days, the dog may be put
up for adoption or humanely euthanized, provided that the animal control
officer determines that all reasonable efforts have been made to locate
the owner and/or keeper and there are no reasonable alternatives to
such action.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
Cat licensing fee. No person shall own or keep a cat, six months
of age or older, within the City unless an annual license for such
cat is obtained from the City Clerk. The fee for such a license shall
be $10 for each cat. The licensing fee for each cat owned or kept
by persons aged 60 or older shall be $5.
(B)
Number of licensed cats. Not more than five cats over six months
of age shall be kept in a household. Any variance to this number of
licensed animals must first be approved by the Board of Health. The
provisions of this chapter shall not apply to veterinary establishments
that are subject to kennel licensing.
(C)
Rabies vaccination. No cat shall be licensed unless a valid rabies
vaccination certificate is presented to the City Clerk at the time
of licensing. All cats shall be vaccinated against rabies in accordance
with Mass. Gen. Laws Ch. 140, § 145B.
(D)
Outdoor cat requirements.
(1)
All cats allowed or found outdoors for any length of time shall
be outfitted with a microchip. All cats allowed outdoors shall be
spayed or neutered. Any cat found at large that cannot be immediately
identified shall be deemed a stray.
(2)
Exemptions. This section shall not apply to a cat with a high
likelihood of suffering serious bodily harm or death if spayed, neutered,
or microchipped, due to age or infirmity. The owner or custodian must
obtain written confirmation of this fact from a Massachusetts-licensed
veterinarian. If the cat is able to be safely spayed, neutered, or
microchipped at a later date, that date must be stated in the written
confirmation.
(E)
Stray cats. Any rescue group, humane society or other person or organization
picking up stray cats shall notify the animal control officer with
all relevant information for each cat and the location found.
(F)
Feral cats. Any person or organization that traps and releases feral
cats shall report such activity to the animal control officer, including
information of description and numbers of cats trapped and the name
of the caretaker. The caretaker is expected to take full responsibility
for the duration of the cat's life. All feral cats shall be ear tipped.
All feral cats shall be spayed or neutered.
(G)
Dangerous cats. The animal control officer may at any time issue
an order of confinement for any cat deemed a dangerous cat.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
Animal bite procedure. All bites by dogs, cats or other domestic
animals or wild or exotic animals shall be reported to the Health
Department and the animal control officer as soon as possible by the
person bitten or by the owner or keeper of the animal, or both.
(B)
Motor vehicle operator responsibility. The operator of a motor vehicle
that strikes, injures, or kills any animal within the City shall report
such incident to the pet's owner or keeper, custodian or to a Watertown
Police Officer.
(C)
Feeding of wild animals. No person within the City shall feed any
wild animals, including without limitation, ducks, geese and raccoons,
or any homeless dogs or cats, except birds fed within the confines
of his/her private property, provided that no threat to public health
or safety is thereby created. Persons feeding their own domestic animals
shall do so only in a sheltered space inaccessible to wild or roaming
animals. This division (C), shall not apply to the feeding of homeless
dogs or cats, if done in a sheltered place inaccessible to wild or
roaming animals, with the express purpose of befriending the dog or
cat in order to have it vaccinated, spayed, neutered and ultimately
adopted.
(D)
Wild and exotic animals. No person within the City shall possess,
maintain, propagate, cultivate or deal with wild or exotic animals
within the meaning of Mass. Gen. Laws Ch. 131, § 23, unless
notice thereof has been filed with the Board of Health and all permits
required by Mass. Gen. Laws Ch. 131, § 23, or otherwise,
have been obtained.
(E)
City dog parks.
(F)
Nuisance and dangerous dogs. In accordance with the provisions of
Mass. Gen. Laws Ch. 140, § 157, any person may file written
complaint to the Board of Health that a dog owned or kept in the City
is a nuisance or a dangerous dog. The Board of Health, which has been
appointed as the hearing authority, shall process the complaint, hold
a public hearing, and make a decision on the written complaint.
(G)
General prohibition. No person shall own or keep in the City any
dog, cat or other household pet which, by biting, barking, howling,
scratching or crying, or in any other manner, disturbs the peace and
quiet of any neighborhood, destroys private property or endangers
the safety of any person.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
(A)
Criminal complaint. Any person who violates any provision of this
chapter may be penalized by indictment or on complaint brought in
district court. Each day on which any violation or offense continues
shall be deemed to be a separate violation or offense.
(B)
Non-criminal disposition.
(1)
Whoever violates any provision of this chapter, the violation
of which is subject to a specific penalty, may be penalized by the
non-criminal method of disposition as provided in Mass. Gen. Laws
Ch. 40, § 21D. Each day on which any violation exists shall
be deemed to be a separate offense.
(2)
Penalty:
|
First offense
|
$50
|
|
Second offense
|
$100
|
|
Third offense and thereafter
|
$200
|
(D)
Other. Any person who violates any provision of this chapter is also
subject, at the discretion of the animal control officer, animal control
agent or Watertown police officer, to any other legal or equitable
enforcement remedy available.
[Ord. O-2017-2, passed 1-24-2017; amended Ord. O-2018-79, passed 9-25-2018]
All monies collected under the provisions of this chapter, other than monies collected as penalties referenced in § 91.10(B), shall be deposited in a revolving fund to be known as the animal control fund, established pursuant to the provisions of Mass. Gen. Laws Ch. 44, § 53E 1/2. This revolving fund shall be accounted for separately from all other monies in the City, and expenditures may be made from the revolving fund without further appropriation. The Director of Public Health, with the approval of the City Manager, shall be authorized to expend money from the animal control fund, with such expenditures to be used only for programs and activities within the jurisdiction and authority of the animal control program. The animal control fund shall be established not later than the beginning of the fiscal year in which the fund shall begin. The limit on the total amount that may be expended from the animal control fund shall be determined by City Council on or before July 1 of each year.
