[HISTORY: Adopted by the Town of Fairhaven as indicated in part histories. Amendments noted where applicable.]
[Adopted 3-22-1969 by Art. 69 (Ch. XVIII of the 1934 Bylaws); amended in its entirety 5-4-2024 ATM by Art. 18]
As used in this Part 1, the following terms mean:
ADOPTION
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.
ANIMAL CONTROL OFFICER
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.
AT LARGE
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.
ATTACK
Aggressive physical contact initiated by an animal.
COMMERCIAL BOARDING OR TRAINING KENNEL
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.
COMMERCIAL BREEDER KENNEL
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.
DANGEROUS DOG
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.
DOMESTIC ANIMAL
An animal designated as domestic by regulations promulgated by the Department of Fish and Game.
DOMESTIC CHARITABLE CORPORATION KENNEL
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.
EUTHANIZE
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.
HEARING AUTHORITY
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.
KENNEL
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.
LICENSED PERIOD
From January 1 to December 31 each year.
LICENSING AUTHORITY
The Town Clerk of the Town of Fairhaven.
LIVESTOCK or FOWL
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.
NUISANCE DOG
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.
OWNER/KEEPER
Any person, group of persons or corporation owning or keeping or harboring an animal or animals.
PERSONAL KENNEL
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.
RESTRAINT
A dog shall be considered under restraint within the meaning of this Part 1 if:
A. 
The animal is within the property limits of its owner or keeper; or
B. 
The animal is under the immediate control of its owner or custodian on a leash or chain affixed to the collar or harness of the animal.
SHELTER
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.
VETERINARY KENNEL
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.
A. 
The Board of Selectmen shall appoint an Animal Control Officer and as many Assistant Animal Control Officers as they determine necessary to enforce this part, and said individual(s) shall enforce this part and perform such other duties as the Board of Selectmen may determine. Compensation, hours and conditions of employment for the Animal Control Officer(s) under this part shall be governed by the Code or applicable collective bargaining agreement.
B. 
The provisions of MGL c. 140, § 151, regarding the training and duties of the Animal Control Officer shall apply and are expressly incorporated into this part.
C. 
The provisions of MGL c. 140, §§ 151 and 151A, regarding the warrant to the Animal Control Officer pertaining to enforcement, recordkeeping and to the killing and/or transfer of any dogs shall apply and are expressly incorporated in this part. No Animal Control Officer shall be a licensed animal dealer registered with the United States Department of Agriculture, and no Animal Control Officer, either privately or in the course of carrying out his official assignments as an agent for this Town, shall give, sell, or turn over any animal which may come into his custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. Whoever violates the provisions of this subsection shall be punished by a fine of not more than $1,000.
D. 
The provisions of MGL c. 140, §§ 151B, 151C, 152, 153 and 156, as amended, regarding the confinement, execution and recordkeeping thereof regarding dogs and animals, shall apply and are expressly incorporated in this part.
A. 
As provided in MGL c. 140, § 167, the Board of Selectmen shall have the power to order that all dogs shall be restrained from running at large during such times as shall be prescribed by the order. Once passed, a certified copy of the order shall be posted in at least two public places in the Town or, if a daily newspaper is published in the Town, by publishing a copy once in that newspaper. Following publication Board of Selectmen may issue a warrant to a police officer or constable in a town, who shall, not sooner than 24 hours after the publication of the notice, euthanize all dogs in a humane manner that are found running at large contrary to the order. Notwithstanding the foregoing, a police officer or constable may, in the officer's or constable's discretion, hold any such dog for not more than seven days. If the owner of the dog claims it and pays to the officer or constable a penalty of $40 for each day that the dog has been held, the dog shall be returned to its owner. The amount shall be paid over to the Town.
B. 
The passage by the Board of Selectmen of the bylaw containing this section of the code shall constitute an order that no owner or keeper of any dog shall permit such dog to run at large at any time. The provisions of this section shall not be intended to apply to dogs participating in any dog show, nor to seeing-eye dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place, nor to any dogs properly trained and under control of and aiding the deaf, nor to any dogs being trained or actually being used for hunting purposes, nor in any area officially designated for off-leash activities, also known as a "dog park."
Any dog impounded hereunder may be reclaimed as herein provided upon payment by the owner to the Animal Control Officer of the sum of $40 for each day such dog is kept.[1]
[1]
Editor's Note: See Ch. 206, Part 1, Animal Control Fees, for the current animal control fee structure.
A. 
The owner shall confine within a building or secure enclosure every dangerous or vicious dog and not take such dog out of such building or secure enclosure unless such dog is securely muzzled and upon a leash. The Animal Control Officer may apprehend any such dog which is found not to be so confined and without such a muzzle.
B. 
The Animal Control Officer shall seek out, catch and confine all dogs within the Town which are not licensed, collared or harnessed, or tagged, as required under MGL c. 140, § 151A, and to enter and prosecute a complaint for failure to comply with this code against the owners or keepers of such dogs, if known, and to euthanize or cause to be euthanized only by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia, or by gunshot in case of emergency, each such dog not licensed, collared or harnessed, or tagged after being detained by or for the officer for a period of 10 days; provided, however, that after 10 days, the Animal Control Officer may make available for adoption any dog found free of disease. Before delivery of a dog so adopted, the Animal Control Officer shall require the purchaser to show identification and to procure a license and tag for the dog from the clerk of the city or town wherein the dog is to be kept. Dogs detained under this section shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition, or they may be placed in the care of the holder of a kennel license or of a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. The Commissioner from time to time shall cause such places wherein animals are detained under this section to be inspected and shall make necessary orders in relation thereto. An Animal Control Officer having custody of a detained dog or cat shall be allowed a sum determined by the Town per day for the care of the dog or cat, payable by the owner or keeper, if known, otherwise by the Town.
A. 
Penalties for the violation of any provision of this Part 1 shall be assessed and collected in accordance with the procedure established under MGL c. 140, § 173A (noncriminal disposition of complaints for violation of dog control laws); provided, however, that notwithstanding the schedule of fines provided under said law, the fine for the first offense committed by a person shall be $50. The fine for a second offense shall be $100. The fine for a third offense shall be $300. For a fourth or subsequent offense, the fine shall be $500 and the municipality may order the animal spayed or neutered. Payment shall be made only by money order or check.
B. 
Proceedings under this section shall not be deemed criminal; and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.
C. 
If a person notified to appear, as hereinbefore provided, fails to appear or pay the fine within 21 days of the sending of the notice, or having appeared, does not desire to avail himself of the procedure established by this section, the clerk shall issue the complaint and the procedure established for criminal cases shall be followed. If any person fails to appear in accordance with the summons issued upon such complaint, the clerk of the court shall send such person, by registered mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within 21 days from the sending of such notice, a warrant for his arrest will be issued.
A. 
The fee for every dog license and kennel license shall be provided in Chapter 119, Fees.[1]
[1]
Editor's Note: So in original.
B. 
No fee shall be charged for a license issued for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No fee shall be charged for a license for a dog owned by a person aged 70 years or over. No license fee or portion thereof shall be refunded because of the subsequent death, loss, spaying or removal from the commonwealth or other disposal of the dog, nor shall a license fee or portion thereof paid by mistake be paid or recovered after it has been paid over.
A person who at the commencement of a license period (the time between January 1 and the following December 31, both dates inclusive) becomes the owner or keeper within the Town of Fairhaven of a dog six months old or over which is not duly licensed and the owner or keeper of a dog when it becomes six months old during a license period shall cause it to be registered, numbered, described and licensed until the end of such license period, and the owner of a dog so registered, numbered, described and licensed during any license period, in order to own or keep such dog after the beginning of the succeeding license period, shall, before the beginning thereof, cause it to be registered, numbered, described and licensed for such period. The registering, numbering, describing and licensing of a dog shall be done in the office of the Town Clerk on a form prescribed and supplied by the Town Clerk, and shall be subject to the condition expressed therein that the dog which is subject of the license shall be controlled and restrained from killing, chasing or harassing livestock or fowl, as provided by MGL c. 140, § 137.
A. 
The Town Clerk 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 MGL c. 140, § 145B, certification that such dog is exempt from the vaccination requirement under MGL c. 140, § 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog.
B. 
The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable material to which shall be securely attached a tag in a form prescribed by and issued by the Town Clerk when a license is issued. Such tag shall state the following: Town of Fairhaven, year of issue and tag number. If any such tag shall be lost, the owner or keeper of such dog shall forthwith secure a substitute tag from the Town Clerk at a cost as provided in Chapter 119, Fees.[1] This section shall not apply where it is otherwise provided by law, nor shall it apply to a person having a kennel license.
[1]
Editor's Note: So in original.
No person owning or having custody or control of a dog shall permit such dog to defecate on any public street or sidewalk of the Town, including the Town wharves, or on any public park, beach or grounds of a public building, including school grounds, unless such person picks up the dog waste and disposes of it in a sanitary manner, including lawful disposal as solid waste or sewage. This section shall not apply to the visually impaired in custody or control of a Seeing Eye dog, or to any person unable to comply with the requirements of this section due to a physical disability. This section may be enforced by the Animal Control Officer, the Board of Health Agent, and any other person so designated by the Board of Health or the Select Board.[1]
[1]
Editor's Note: A regulation adopted by the Board of Health on 7-8-2015 provided that each violation of this section shall be punishable by a fine of $100 per offense.
A. 
Under MGL c. 140, § 157 any person may file a complaint in writing to the hearing authority that a dog owned or kept in the Town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the following circumstances:
(1) 
The dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault;
(2) 
The person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog;
(3) 
The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or
(4) 
At the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of seven, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing.
B. 
The hearing authority shall investigate or cause the investigation of the 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. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a nuisance dog; or (C) deem the dog a dangerous dog.
C. 
If the hearing authority deems a dog a nuisance dog, the hearing authority may further order that the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior.
D. 
If the hearing authority deems a dog a dangerous dog, the hearing authority shall order one or more of the following:
(1) 
That the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building;
(2) 
That the dog be confined to the premises of the keeper of the dog; provided, however, that "confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than two feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog;
(3) 
That when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding three feet in length;
(4) 
That the owner or keeper of the dog provide proof of insurance in an amount not less than $100 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance;
(5) 
That the owner or keeper of the dog provide to the licensing authority or Animal Control Officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification;
(6) 
That unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; or
(7) 
That the dog be humanely euthanized.
No order shall be issued directing that a dog deemed dangerous shall be removed from the Town in which the owner of the dog resides. The Town shall not regulate dogs in a manner that is specific to breed.
E. 
Within 10 days after an order issued under Subsections A to D, inclusive, the owner or keeper of a dog may bring a petition in the district court within the judicial district in which the order relative to the dog was issued or where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by the court or a magistrate of the court. After notice to all parties, the magistrate shall, under MGL c. 221, § 62C, review the order of the hearing authority, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. A party shall have the right to request a de novo hearing on the complaint before a justice of the court.
F. 
Pending an appeal by an owner or keeper under Subsection E, a hearing authority may file a petition in the district court to request an order of impoundment at a facility the municipality uses to shelter animals for a dog complained of as being a dangerous dog. A municipality shall not incur liability for failure to request impoundment of a dog under this subsection. A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order; (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with Subsection D(2); or (iii) of impoundment in a humane place of detention that the municipality uses to shelter animals; or (iv) any other action as the court deems necessary to protect other animals and the public from the dog.
G. 
A justice of the district court shall hear, de novo, an appeal filed under Subsection E. Based upon credible evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties.
H. 
If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the Town for all reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals process, if any.
(1) 
Unpaid costs shall be recovered by the municipality in which the owner or keeper of the dog resides on behalf of the hearing authority by any of the following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or keeper of the dog.
(2) 
All funds recovered by a municipality under this subsection shall be transferred to the organization or entity charged with the responsibility of handling dog complaints and impoundment. If the organization or entity falls under the management or direction of the municipality, costs recovered shall be distributed at the discretion of the municipality.
(3) 
If the court overturns an order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and care of the dog during any period of impoundment.
I. 
If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or Animal Control Officer. If the keeper of the dog is in violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the hearing authority, within seven days, for the return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for five years. A hearing authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days.
J. 
Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under Subsection E or G.
Except as specifically modified in this part, the provisions of the applicable sections of MGL c. 140 shall be incorporated into and apply to this part, as well as any other section of Massachusetts General Laws referenced herein.
A. 
No person owning or keeping a dog shall chain or tether a dog for longer than five hours in a twenty-four-hour period and outside from 10:00 p.m. to 6:00 a.m., unless the tethering is for not more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. A tethering employed shall not allow the dog to leave the owner's guardian's or keeper's property. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used. No chain or tether shall weigh more than 1/8 of the dog's body weight. Nothing in this section shall be construed to prohibit a person from walking a dog on a handheld leash. No dog under the age of six months shall be tethered outside for any length of time.
B. 
A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section, through the use of any of the following methods:
(1) 
Inside a pen or secure enclosure, if the following conditions are met:
(a) 
The pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement;
(b) 
The pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all four sides enclosed; and
(c) 
The minimum height of the fence shall be adequate to successfully confine the dog;
(2) 
A fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the ability to run but is unable to leave the enclosed yard; or
(3) 
A trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:
(a) 
Only one dog shall be tethered to each cable run;
(b) 
The tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit; provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;
(c) 
There shall be a swivel on at least one end of the tether to minimize tangling of the tether;
(d) 
The tether and cable run must each be at least 10 feet in length. The cable must be mounted at least four feet but not more than seven feet above ground level; and
(e) 
The length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described in Subsection C; provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner's, guardian's or keeper's property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals.
C. 
A person owning or keeping a dog confined outside in accordance with Subsection B. shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least three sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the dog's entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog's body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.
D. 
A person shall not leave a dog outside when a weather advisory, warning or watch is issued by a local, state or federal authority or when outside environmental conditions including, but not limited to, extreme heat, cold, wind, rain, snow or hail pose an adverse risk to the health or safety of the dog based on the dog's breed, age or physical condition, unless the tethering is for not more than 15 minutes.
E. 
An exception to a restriction on outdoor confinement under this section that is reasonably necessary for the safety of a dog shall be made for a dog that is: (i) present in a camping or recreational area pursuant to the policy of the camping or recreational area; or (ii) actively engaged in conduct that is directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products.
F. 
No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane chaining or the tethering at any time. For the purposes of this subsection, "cruel conditions and inhumane chaining or tethering" shall include, but not be limited to, the following conditions:
(1) 
Filthy and dirty confinement conditions including, but not limited to, exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog's physical or emotional health;
(2) 
Taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog; and
(3) 
Subjecting a dog to dangerous conditions, including attacks by other animals.
G. 
A person who violates this section shall, for a first offense, be issued a written warning or punished by a fine of not more than $50; for a second offense, be punished by a fine of not more than $200; and for a third or subsequent offense, be punished by a fine of not more than $500, and be subject to impoundment of the dog in a local shelter at the owner's, keeper's or guardian's expense pending compliance with this section, or loss of ownership of the dog.
H. 
A special police officer appointed by the colonel of the state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals and the Animal Rescue League of Boston under MGL c.22C, § 57 may enforce this section following the same procedures relating to notice and court procedure in MGL c. 40, § 21D for the noncriminal disposition of a violation, if an Animal Control Officer contacted by either of these agencies in response to a violation of this section is unresponsive or unavailable.
The Town shall enforce this section through its Animal Control Officers or police officers in a manner consistent with the disposition provisions in MGL c. 40, § 21D.
A. 
A person shall not 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.
B. 
After making reasonable efforts to locate a motor vehicle's owner, an Animal Control Officer, as defined in MGL c. 140, § 136A, law enforcement officer or firefighter may enter a motor vehicle by any reasonable means to protect the health and safety of an animal. An Animal Control Officer, law enforcement officer or firefighter may enter the motor vehicle for the sole purpose of assisting the animal and may not search the vehicle or seize items found in the vehicle unless otherwise permitted by law.
C. 
An Animal Control Officer, law enforcement officer or firefighter who removes or otherwise retrieves an animal under this section shall leave written notice in a secure and conspicuous location on or in the motor vehicle bearing the officer's or firefighter's name and title and the address of the location where the animal may be retrieved. The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.
D. 
An Animal Control Officer, law enforcement officer or firefighter who removes or otherwise retrieves an animal from a motor vehicle under Subsection B, and the agency or municipality that employs the officer or firefighter shall be immune from criminal or civil liability that might otherwise result from the removal.
E. 
After making reasonable efforts to locate a motor vehicle's owner, a person other than an Animal Control Officer, law enforcement officer or firefighter shall not enter a motor vehicle to remove an animal to protect the health and safety of that animal in immediate danger unless the person: (i) notifies law enforcement or calls 911 before entering the vehicle; (ii) determines that the motor vehicle is locked or there is no other reasonable means for exit and uses not more force than reasonably necessary to enter the motor vehicle and remove the animal; (iii) has a good faith and reasonable belief, based upon known circumstances, that entry into the vehicle is reasonably necessary to prevent imminent danger or harm to the animal; and (iv) remains with the animal in a safe location in reasonable proximity to the vehicle until law enforcement or another first responder arrives.
F. 
A person who removes an animal from a motor vehicle pursuant to Subsection E shall be immune from criminal or civil liability that might otherwise result from the removal.
G. 
A violation of Subsection A shall be a civil infraction punishable by a fine of not more than $150 for a first offense, by a fine of not more than $300 for a second offense and by a fine of not more than $500 for a third or subsequent offense.
H. 
Nothing in this section shall preclude prosecution under MGL c. 272, § 77.
The Town shall enforce this section through its Animal Control Officers or police officers in a manner consistent with the disposition provisions in MGL c. 40, § 21D.