As used in this Part 1, the following terms mean:
The delivery of a cat, dog or other domestic animal to a person 18 years of age or older for the purpose of taking care of the cat, dog or other domestic animal as a pet.
The person or persons employed by the Town as its enforcement officer and shall include any police officer or constable of said town authorized to enforce Sections 136A to 174F, inclusive, of Massachusetts General Laws, Chapter 140, as amended, and also this Chapter 87 of the Code.
Off the premises of the owner and not under the control of the owner or a member of his/her immediate family, either by leash, cord, chain or otherwise. Any animal found to be outside of its natural habitat and not under the owner's control shall be deemed to be at large.
Aggressive physical contact initiated by an animal.
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 Section 39A of Chapter 129 of the Massachusetts General Laws, 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.
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.
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.
An animal designated as domestic by regulations promulgated by the Department of Fish and Game.
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.
To take the life of an animal by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia.
The Town Select Board member, the officer in charge of the Animal Commission, the chief or commissioner of a police department, the chief or commissioner's designee or the person charged with the responsibility of handling dog complaints in a town or city.
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, and also any premises wherein any person, partnership or corporation engages in the business of boarding, breeding, buying, selling for hire, training for a fee, or selling dogs, or engages in training dogs for guard or sentry purposes, or every pack or collection of more than four dogs three months old or over owned or kept on a single premises irrespective of the purpose for which they are maintained.
From January 1 to December 31 each year.
The Town Clerk of the Town of Fairhaven.
A fowl or other animal kept or propagated by the owner for food or as a means of livelihood, deer, elk, cottontail rabbit, northern hare, pheasant, quail, partridge and other birds and quadrupeds determined by the Department of Fisheries, Wildlife and Environmental Law Enforcement to be wild and kept by, or under a permit from, the Department in proper houses or suitable enclosed yards; provided, however, that livestock or fowl shall not include dogs, cats or other pets.
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.
Any person, group of persons or corporation owning or keeping or harboring an animal or animals.
A pack or collection of more than three dogs, three 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.
A dog shall be considered under restraint within the meaning of this Part 1 if:
Any premises designated by action of the Town for the purpose of impounding animals and caring for all animals found running at large in violation of this Part 1. 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.
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.