[Amended 8-10-2020]
6-201.1.
Licenses and Fees. The owner or keeper of a dog over the age of 6 months shall obtain a license for the dog. The registering, numbering, describing and licensing of a dog shall be conducted by the licensing authority. The 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 that the dog has been vaccinated in accordance with G.L. c. 140, § 145B, certification that such dog is exempt from the vaccination requirement under said G.L. c. 140, § 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog.
The license shall be granted upon condition that the dog shall be controlled and restrained from killing, chasing or harassing livestock or fowl. The owner of a dog may add descriptive words, not over 10 in number, upon the license form to indicate the color, breed, weight or special markings of the licensed dog. The owner or keeper of a licensed dog shall keep affixed around the dog’s neck or body, 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 dog’s license number, the name of the city or town issuing the license and the year of issue. If the tag becomes lost, the owner or keeper of the dog shall immediately secure a substitute tag from the town clerk at a cost of $2.00. This section shall not apply to a person to whom a valid kennel license has been issued.
No license fee shall be charged for a dog certified to serve a blind or deaf person, provided the dog is actually in the service of a blind or deaf person. Any person seventy (70) years of age, upon proof of age, shall be exempt from the annual fee for one (1) dog, per household, per year. The owner of a kennel license, age seventy (70) years of age or older, shall be excluded from this exemption.
New residents bringing dogs 6 months old or older into the Town of Southbridge shall purchase a license from the Town Clerk within 60 days. No license fee or any part thereof shall be refunded because of subsequent death, loss, spaying or removal from the Town of Southbridge. Licensing periods shall be January 1 through March 31 of each year. All dog licenses expire March 31 of the next calendar year. Dog owners who renew their dog tags after March 31 or after 30 days from the date of rabies vaccination, or after 30 days from the date of maturing to the age of 6 months shall pay a penalty of $10.00.
All dog owners that license their pets after the passage of this by-law shall apply for a (1) one year dog license.
Violation of this by-law shall be enforceable through noncriminal disposition by any police officer of the Town of Southbridge or any animal control officer pursuant to G.L. c. 40, § 21D and Section 1-111, and for such purposes, the following penalty shall be assessed of fifty dollars ($50) per dog.
Dog license fees shall be as follows:
Type | Fee |
|---|---|
Male or Female | $20.00 |
Neutered Male and Spayed Female | $10.00 |
Kennel License four (4) dogs or less | $25.00 |
Kennel License ten (10) dogs or less | $50.00 |
Substitute Tag | $2.00 |
Transfer License | $4.00 |
Late fee after March 31, single license | $10.00 |
Late fee after March 31, kennel license | $50.00 |
6-201.2.
Kennel License. Any owner/keeper shall apply for a kennel license when the owner/keeper is in possession of five (5) or more dogs. Any owner/keeper can apply for a kennel license when there is less than four (4) dogs in lieu of applying for an individual dog license. No more than ten (10) dogs are allowed on kennel license in the Town of Southbridge. Kennel licenses shall only be issued to a single-family residence or the owner of the property where the dogs will be housed. 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 license shall be securely attached. Tags shall be furnished to the owner or keeper by the licensing authority in quantities not less than the number of dogs kept in the kennel.
Licensing period for a kennel license shall be January 1 through March 31 of each year. All kennel licenses expire March 31 of the next calendar year. To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. 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 an animal control officer or police officer.
There shall be no kennel fee charged to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering.
Penalties for Kennel License Violations. Any person required to obtain a kennel license (or any person eligible and electing to do so in lieu of a dog license or licenses) who fails to obtain one before March 31 shall pay a late fee of fifty dollars ($50). Any person maintaining a kennel after the license to maintain a kennel has been revoked, or while such license is suspended, shall be assessed a fine of five hundred dollars ($500) for a first offense and a fine of not more than one thousand ($1,000) for a second or subsequent offense.
6-201.3.
Definition of Terms. As used in this by-law, unless the context otherwise indicates:
(a)
DANGEROUS DOG — Shall mean a dog that either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.
(b)
DOG — Shall mean any animal of canine species, both male and female.
(c)
KENNEL — Shall mean a pack or collection of dogs on a single premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
COMMERCIAL BOARDING OR TRAINING KENNEL — Shall mean 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 G.L. 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 — Shall mean 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. |
DOMESTIC CHARITABLE CORPORATION KENNEL — Shall mean a facility operated, owned or maintained by a domestic charitable corporation registered with the department or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates consistent with such purposes while providing veterinary treatment and care. |
PERSONAL KENNEL — Shall mean a pack or collection of more than 4 dogs, 3 months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed or for use in legal sporting activity or for other personal reasons; provided further, that selling, trading, bartering or distributing such breeding from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided further, that a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally owned dog; and provided further, that dogs temporarily housed at a personal kennel, in conjunction with an animal shelter or rescue registered with the department, may be sold, traded, bartered or distributed if the transfer is not for profit. |
VETERINARY KENNEL — Shall mean 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. |
(d)
NUISANCE DOG — Shall mean a dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) 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.
(e)
OWNER OR KEEPER — Shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog, as herein defined.
(f)
PUBLIC NUISANCE — Shall mean any dog which by biting, excessive barking, howling, "running-at-large" or in any other manner disturbs the quiet of the public.
(g)
RESTRAINT — Shall mean the dog will be on a leash or substantial chain and under the control of a person competent to control or restrain it so that it shall not be a threat to public safety. The mere muzzling of a dog shall not prevent it from being a public nuisance.
(h)
RUN-AT-LARGE — Shall mean any dog free of restraint which is permitted to wander on private property of others or public ways at will.
6-201.4.
Prohibitions. No owner or keeper shall permit any dog whether licensed or unlicensed to become a public nuisance or to run-at-large within the Town of Southbridge anytime day or night.
6-201.5.
Penalty. Violations of this by-law shall be enforceable by any police officer of the Town of Southbridge or any animal control officer through noncriminal disposition pursuant to G.L. c. 40, § 21D and Section 1-111, and for such purposes, the schedule of penalties shall be applicable:
Offense | Penalty |
|---|---|
First Offense | Written warning or issued a fine of not more than $25.00 |
Second Offense | $50.00 |
Third Offense | $75.00 |
Fourth Offense | $100.00 |
6-201.6.
Notice to Owner and Redemption. If an animal is impounded, the animal control officer shall notify the owner, if known, within 24 hours. The owner may then reclaim the animal by reimbursing the Town of Southbridge for expenses, fines, and fees, for maintaining the impounded animal. In any event, the maintenance cost shall not exceed $20.00 for each 24-hour period, or any part thereof, plus $15.00 as an initial handling fee. However, as required by state law, all dogs and cats 6 months of age or older must be current on rabies and dogs licensed before the animal control officer may release it.
6-201.7.
Disposition of Unclaimed Dogs. Any animal which has been impounded and not redeemed by the owner within 7 days shall be disposed of as provided by G.L. c. 140, § 151A, and any amendment thereto. All adoptable pets shall be signed over to a shelter or rescue organization approved by the State of Massachusetts.
6-201.8.
Collection of Fines and Fees. All fines and fees collected by the animal control officer while enforcing the provisions of this by-law shall be collected in the form of personal check, money order or registered check and made payable to the Town of Southbridge. In no event shall the animal control officer accept cash.
6-201.9.
Disposition of Funds. Any fines or fees collected by the animal control officer shall be accounted for and paid over to the Town Clerk at such time and in such manner as may be designated by the Town Treasurer.
6-201.10.
Exceptions to Orders. A dog shall not be deemed a public nuisance or running-at-large when:
(a)
Such dog is attached to a restraining device and under the care and control of a person competent to restrain such dog so that it shall not be a threat to public safety, and the mere muzzling of such dog shall not satisfy the requirements of this order;
(b)
Such dog is being used as a so-called "hunting dog" and is being supervised by a person competent to restrain such dog so that it shall not be a threat to public safety.
6-201.11.
Nuisance and Dangerous Dog Hearings. Any person may make a written complaint to the Town Council Chairman of the Town of Southbridge that any dog owned or kept within the Town of Southbridge is a nuisance dog or a dangerous dog, as those terms are defined in G.L. c. 140, § 157. The Town Council Chairman shall investigate or cause to be investigated such complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog, and shall make such order concerning the restraint or disposal of such dog as provided in G. L. c. 140, § 157. When a dangerous dog hearing is requested by any police officer of the Town of Southbridge or any animal control officer the dog in question shall be subject to impoundment in a local shelter at the owner’s or guardian’s expense pending compliance with this section, or loss of ownership of the dog for public safety reasoning.
Penalty. Violations of such orders shall be subject to the enforcement provisions by any police officer of the Town of Southbridge or any animal control officer under G.L. c. 140, §§ 157 and 157A, which, upon conviction, may include: for a first offense, a fine of not more than five hundred dollars ($500) through noncriminal disposition pursuant to G.L. c. 40, § 21D and Section 1-111 or imprisonment for not more than 60 days in a jail or house of correction, or both, and for a second or subsequent offense by a fine through noncriminal disposition pursuant to G.L. c. 40, § 21D and Section 1-111 of not more than one thousand dollars ($1,000) or imprisonment for no more than 90 days in a jail or house of correction.
(Article XV, Dog Control Law)