[Adopted 2-7-1972 by Ord. No. 497]
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
All animals of canine species, both male and female.
Any person, corporation or society, other than the owner,
harboring or having in his or its possession any dog.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog as herein defined.
Free of restraint and permitted to wander on private or public
ways at will.
A.
No owner or keeper of any dog shall permit such dog, whether licensed
or unlicensed, to run at large within the City of Gardner, except
that a dog may, for the purpose of sporting events such as hunting,
field trials or training purposes, be exempt from the restraining
order during such period of time as the dog is actually engaged in
the event or sport. Dogs may be taken from the owner's premises, provided
that such dogs are on a leash and under the control of the owner or
keeper.
B.
No person shall own or keep within the City of Gardner any dog which
is a nuisance by reason of vicious disposition, excessive barking,
or other cause of disturbance.
[Added 12-17-1990 by Ord. No. 1063]
C.
No owner of any dog shall fail to provide such dog with a sufficient
quantity of wholesome, nutritious food and potable water; adequate
shelter from inclement weather; a humane means of exercise; and the
necessary veterinary care upon sickness, disease or injury.
[Added 12-17-1990 by Ord. No. 1063]
D.
No person shall torture, torment, deprive of necessary sustenance,
or cruelly beat, mutilate or kill any dog.
[Added 12-17-1990 by Ord. No. 1063]
E.
The owner, keeper or any person in control of a dog shall be responsible
for the prompt removal and proper disposal of any feces deposited
by such dog upon any public ways, such as streets, roads, avenues,
lanes, circles, highways, paths, sidewalks, trails, etc., or upon
any public land within 10 feet of such public ways, or upon any public
land designated as parks, playgrounds, cemeteries, school yards, or
golf courses, or upon the grounds of any other municipal or government
building, all within the boundaries of the City of Gardner.
[Added 7-6-1998 by Ord. No. 1276]
F.
No animals shall be allowed in any City cemetery or playground, except
in designated areas of Pulaski Park.
[Added 6-5-2006 by Ord. No. 1429; amended 4-1-2019 by Ord. No. 1620]
It shall be the duty of the Animal Control Officer to apprehend
any dog found unrestrained and running at large and to impound such
dog in a suitable place or to order the owner or keeper thereof to
restrain said dog.
A.
If such
dog so impounded has upon it the name and address of the owner thereof,
or if the name of said owner is otherwise known, then the Animal Control
Officer shall immediately notify the owner, and if the owner is not
known, then no notice shall be necessary. The owner of any dog so
impounded may reclaim such dog upon the payment of the sum of $25
for the first and second such reclaiming, or the sum of $50 for the
third and subsequent such reclaiming, and in all cases a fee of $15
per day for boarding for each day of impoundment; provided, however,
that if the dog is not licensed, before release to any person, a license
as required by the City of Gardner shall be secured.
[Amended 4-19-1977 by Ord. No. 635; 11-18-2013 by Ord. No. 1563]
B.
The sums
collected pursuant to the provisions of this article shall be accounted
for and paid to the City Treasurer; however, under the provisions
of the state law, the Animal Control Officer shall be entitled to
all fees paid to him for the care of impounded dogs by the owners
thereof.
[1]
Editor's Note: References to "Dog Officer" in this section
have been revised to read "Animal Control Officer" pursuant to the
provisions of Ord. No. 1649, adopted 3-21-2022.
[Amended 12-17-1990 by Ord. No. 1063; 3-21-2022 by Ord. No. 1649]
A.
Any dog which is impounded and is not redeemed by the owner within
the ten-day period of confinement shall be made available for adoption
in accordance with procedures established by the Gardner Police Department
and the National Animal Control Association.
B.
Any unclaimed dog which is in the custody of the Police Department
shall be disposed of in accordance with MGL c. 140, § 151A,
when each of the following criteria has been met:
[Amended 12-17-1990 by Ord. No. 1063; 11-18-2013 by Ord. No. 1563; 3-21-2022 by Ord. No. 1649]
A.
[Amended 12-17-1990 by Ord. No. 1063; 3-7-2001 by Ord. No. 1343; 3-21-2022 by Ord. No. 1649]
The Animal Control Officer or officers duly appointed shall
enforce the provisions of this article relating to dogs and shall
attend to all complaints or other matters pertaining to dogs in the
City of Gardner.
A.
The Mayor shall appoint all Animal Control Officers for the City
of Gardner and may remove such Animal Control Officers for failure
to comply with this article or for cause. The Chief of Police shall
assign and supervise the duties of all Animal Control Officers for
the City of Gardner.
B.
Complaints about any dog owned or harbored within the City of Gardner
may be filed either in person or over the phone with the Police Department.
The Chief of Police shall investigate or cause to be investigated
each such complaint and shall cause a written notice or order to be
served upon any person or owner found to be in violation of any section
of this article. The Chief of Police shall have the authority to enforce
this article through the use of violation notices, administrative
orders, hearings, or civil and criminal court actions.
[Amended 12-17-1990 by Ord. No. 1063]
This article shall take effect upon its passage. This article
is enacted under MGL c. 140, § 147A, the provisions of which
were accepted by the Gardner City Council on February 3, 1986.
[Added 3-16-1981 by Ord. No. 749; amended 2-6-1989 by Ord. No.
998; 2-5-1990 by Ord. No. 1032; 2-2-2004 by Ord. No. 1397; 9-7-2021 by Ord. No. 1638]
Notwithstanding any provisions of MGL c. 140, § 139,
or c. 140, § 137A, to the contrary, the following fee schedule
is established:
A.
Licensing fees.
(1)
The fee for every dog license issued by the City, except as provided
by General Laws, shall be $15 for male and female dogs who have not
been spayed or neutered.
(2)
The fee for license of a male or female dog that has been neutered
shall be $11. The City Clerk shall require that a certificate of a
registered veterinarian who performed the operation that said male
or female dog has been spayed or neutered and has thereby been deprived
of the power of propagation be shown to the City Clerk, when the application
has been received.
(3)
No
fee shall be charged for a license for a dog specially trained to
lead or serve a blind person, provided that the Massachusetts Commission
for the Blind certifies that such dog is so trained and actually in
the service of a blind person.
(4)
No
fee shall be charged for a license for a dog professionally trained
in the hearing dog business to serve a deaf person, provided that
the Director of the Office of Deafness certifies that such dog is
so trained and actually in the service of the deaf person.
B.
C.
Pursuant to § 137D of Chapter 140 of the General Laws, no person shall be given a license and tag under the authority of §§ 137 and 137A of Chapter 140 of the General Laws during a five-year period from the date of their being found guilty or penalized for offenses against animals and no refund shall be given for any license and tag made void under the provisions of § 137D of Chapter 140 of the General Laws.
[Added 3-21-2022 by Ord.
No. 1649]
[Added 4-6-1981 by Ord. No. 750; amended 11-18-2013 by Ord. No. 1563; 3-21-2022 by Ord. No. 1649]
A.
Notwithstanding any provisions of the General Laws to the contrary,
any Animal Control Officer who takes cognizance of a violation of
the following may issue or mail a notice of complaint of violation
of this article to the owner or keeper of such dog or dogs, and, if
the owner or keeper of such dog or dogs is a minor, the parent or
guardian of such minor shall be liable for any violation of this article.
B.
Notwithstanding any provisions of the General Laws to the contrary,
any Animal Control Officer who takes cognizance of a violation of
the following may issue a citation to the owner or keeper of such
dog or dogs, and, if the owner or keeper of such dog or dogs is a
minor, the parent or guardian of such minor pursuant to the following
statutory authorities:
(2)
Failure to license dogs pursuant to MGL c. 140, § 137.
(a)
For first and subsequent offenses pursuant to MGL c. 140 § 141:
$50.
(4)
Failure to vaccinate against rabies pursuant to MGL c. 140, § 145B.
(a)
First and subsequent offenses: $100.
