[HISTORY: Adopted by the Town Meeting of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-13-2022 STM by Art. 11 (Art. XVI of the General Bylaws)]
A. 
No person owning a dog shall permit such dog to be off leash on Town property. This bylaw does not apply to:
(1) 
Service dogs when performing their duties.
(2) 
Licensed hunting dogs owned by a licensed hunter while engaged in the sport of hunting or training for such hunting.
(3) 
Dogs engaged in herding farm animals.
B. 
No dog should be permitted off its owner's property or onto another person's property without that person's knowledge or permission. Any such person shall be required to have said dog under control at all times.
C. 
Any person walking a dog should make provisions for the proper disposal of animal waste.
(MGL c. 140, §137)
A. 
The owner or keeper of a dog over the age of six months must obtain a license from the Town Clerk on an annual basis, for the twelve-month period running April 1 to March 31.
B. 
Dog owners must obtain a license within 30 days of obtaining their new dog.
C. 
A licensing authority shall not grant a license for a dog unless the owner of the dog provides the licensing authority with a veterinarian's certification stating that the dog has been vaccinated for rabies, or that such dog is exempt from the vaccination requirement, or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog in accordance with MGL c. 140, § 145B.
D. 
All dogs required to be licensed must wear the dog tag issued by the Town Clerk and the tag issued by a veterinarian (certifying that the dog has been vaccinated) at all times, around its neck or body by means of a collar or harness of leather or other suitable material, as required by MGL c. 140, §§ 137 and 145B. The owner or keeper shall securely attach such tag(s) of the licensed dog to the dog's collar. If the tag(s) becomes lost, the owner or keeper of the dog shall immediately secure a substitute tag from the licensing authority.
E. 
Every dog and kennel license application shall have a description of the symptoms of rabies printed thereon. Such description shall be supplied by the Massachusetts Department of Public Health.
F. 
The above provisions do not apply to any dog housed in a research institution.
G. 
Any household of more than four dogs is required to obtain a kennel license. Any household of fewer than four dogs, three months old or older, which does not maintain a kennel may elect to secure a kennel license in lieu of licensing the dogs individually.
H. 
No person who has been found guilty of violating MGL c. 272, § 77 (cruelty), § 80 1/2 (devocalization), § 80A (cropping ears by anyone other than licensed veterinarian), § 94 (owning, breeding, training, or promoting fighting animals), or § 95 (attending or exhibiting animal fighting events), or penalized in any fashion for such violations, shall be eligible to license a dog for a period of five years from the date of being found guilty and/or penalized.
I. 
Enforcement. The Southampton Police Department or Animal Control Officer shall have authority to enforce the provisions of this bylaw by violation notices, noncriminal citations under MGL c. 40, § 21D, as set forth under Chapter 203, Noncriminal Disposition, administrative orders, and civil and criminal court actions. Any person who violates §§ 112-1 and 112-2 of this bylaw, as determined by the Southampton Police Department or Animal Control Officer, shall be subject to a penalty as provided in Chapter 203, Noncriminal Disposition.
[Amended 5-9-2023 ATM by Art. 31]
J. 
No dog held in the custody of the animal control facility shall be released unless and until it is properly licensed by the Town Clerk. All costs associated with the dog's detention by animal control must be paid in full by the owner before the dog is released.
A. 
A kennel is defined as a collection of dogs on a single premises, including a commercial, boarding, training, hunting, sale, breeder, or domestic charitable corporation kennel, personal kennel, or veterinary kennel. (See MGL c. 140, § 136A, for additional definitions applicable to this bylaw.)
B. 
A kennel license is required for more than four dogs that are six months of age or older (MGL c. 140, § 137A). The registering, numbering, describing, and licensing of a dog/dog kennel shall be conducted annually with the Town Clerk's office. Kennel licensing dates shall be the same as individual licensing (April 1 to March 31).
C. 
A kennel licensee shall cause each dog kept in its kennel to wear, while it is at large, a collar or harness of leather or other suitable material, to which a tag shall be securely attached. The tag shall have inscribed upon it the number of the kennel license, the Town's name and the year of issue.
D. 
No kennel license shall be issued by the Town Clerk, as licensing authority under the provisions of MGL c. 140, § 137A, unless the applicant for such license shall first comply with the requirements cited in "Animal Laws and Regulations in Massachusetts," MGL c. 140, MGL c. 272 and MGL c. 129.
E. 
The kennel owner, or other person maintaining the kennel, shall make available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer the name and address of the dog owner and vaccination status of each dog kept in a kennel. This information must be kept at the kennel.
F. 
No owner or keeper of a dog that is part of a commercial kennel, as defined in MGL c. 140, § 136A, shall allow such dog to go unrestrained outside its enclosure or runway, at any time.
G. 
Enforcement. The Town's designated Animal Control Officer and/or the Southampton Police Department shall have authority to enforce the provisions of this bylaw by violation notices, noncriminal citations under MGL c. 40, § 21D, as set forth under Chapter 203, Noncriminal Disposition, administrative orders, and civil and criminal court actions. Any person who violates any of the provisions of § 112-3 of this bylaw, as determined by the Southampton Police Department and/or the Town's designated Animal Control Officer, shall be subject to a penalty as provided in Chapter 203, Noncriminal Disposition.
[Amended 5-9-2023 ATM by Art. 31]
A. 
Dog complaints. A written complaint must be submitted to the Select Board by the plaintiff within 10 days of such occurrence. The complaint shall provide names, addresses and contact information. The complaint shall describe the dog and fully identify the name of the owner, and further specify why and how the dog is considered to be a nuisance and/or behaving in a dangerous manner. The complaint shall specify times, dates and reasons and provide a list of all individuals who may have knowledge of the issue.
B. 
Hearing procedures. Hearings will be conducted in accordance with MGL c. 140, § 157, within 30 days of receipt of the complaint, absent extenuating circumstances. The hearing will be included in the agenda for a regular Select Board meeting and held in open session. The Town Administrator will notify the Animal Control Officer and all involved persons of the date and time of the hearing.
C. 
Decision. At the conclusion of the hearing or shortly thereafter, the Select Board may render its decision or take the matter under advisement, announcing the intended date of decision. A copy of the decision will be filed with the Town Clerk's office. Failure to comply with the Select Board decision will be referred to the Animal Control Officer/Inspector for resolution.
[Adopted 12-13-2022 STM by Art. 15]
A. 
The definitions set forth at MGL c. 140, § 136A, are hereby incorporated by reference to the extent not inconsistent with or otherwise defined in the subsequent provisions of this bylaw.
B. 
Domesticated animals, for the purpose of this bylaw, are defined by the Massachusetts Division of Fisheries and Wildlife [321 CMR 9.02(3)] and shall include, without limitation, dogs, cats, or any animal which is kept for companionship, entertainment, service or livelihood.
Every owner or keeper of domesticated animals shall provide their animals with sufficient potable water, food, proper shelter and protection from the weather, including extremes of heat and cold. Owners shall also provide veterinary care sufficient to prevent suffering and the spread of disease. Owners shall provide humane care and treatment for animals. An owner's humane care and treatment of animals shall include, but not be limited to, treating and caring for all domesticated animals in a manner consistent with the requirements of MGL c. 140, § 174E.
In accordance with MGL c. 140, § 174F, it shall be a violation of this bylaw to confine an animal in a motor vehicle in a manner that could reasonably be expected to threaten the health of the animal due to exposure to extreme heat or cold. Animals shall not be left outdoors for extended periods of time when owners, keepers, or other individuals are not home to care for or monitor them.
No owner or keeper shall abandon any animal. For the purpose of this section, "abandonment" shall be defined as the willful desertion of an animal, which shall include, but not be limited to, the failure to claim an impounded animal upon receipt of notice that the period of impoundment has ended.
[Amended 5-9-2023 ATM by Art. 31]
The designated Animal Control Officer and/or the Southampton Police Department shall have authority to enforce the provisions of this bylaw by violation notices, noncriminal citations under MGL c. 40, § 21D, as set forth under Chapter 203, Noncriminal Disposition, administrative orders, and civil and criminal court actions. Any person who violates this bylaw, as determined by the Southampton Police Department or the designated Animal Control Officer, shall be subject to a penalty as provided in Chapter 203, Noncriminal Disposition.