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City of Lowell, MA
Middlesex County
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Table of Contents
Table of Contents
[Adopted 1-8-2013[1]]
[1]
Editor's Note: This ordinance stated that it would be retroactive and effective as of 10-31-2012. It also repealed former Art. I, Dogs, adopted 4-26-1988 as Ch. 4, Art. II, of the 1988 Code, as amended.
Unless otherwise set out in this article, any term defined in MGL c. 140, § 136A shall have the same meaning in this article and shall be expressly incorporated herein. As used in this article, the following terms shall have the meanings indicated:
ADOPTION
The delivery of a cat or dog to a person 18 years of age or older for the purpose of taking care of the dog or cat as a pet.
ANIMAL CONTROL OFFICER
An appointed officer, including the Assistant Animal Control Officer, authorized to enforce Sections 136A to 174E, inclusive, of Massachusetts General Laws, Chapter 140, as amended, and also this Chapter 104 of the Code.
ARTICLE
Article I of Chapter 104 of the Code, unless otherwise stated.
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.
COMMISSIONER
The Commissioner of Agricultural Resources.
DANGEROUS ANIMAL
Any animal that may be at large and/or with the same or similar dangerous propensities as a dangerous dog. Any provisions of this article applicable to a dangerous dog shall also be applicable to a dangerous animal.
DANGEROUS DOG
A dog that either without justification attacks a person or domestic animal causing physical injury or death; or 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.
DEPARTMENT
The Department of Agricultural Resources.
DOG
Both male and female.
DOG TRAINED FOR FIGHTING
Any dog owned or kept, primarily or in part, for the purpose of dog fighting or any dog trained for dog fighting.
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 selectmen of a town, mayor of a city, 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.
KEEPER
A person, business, corporation, entity or society, other than the owner, having possession of a dog.
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 of each year to December 31 of the same year.
LICENSING AUTHORITY
The City Clerk of the City of Lowell.
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 ANIMAL
Any animal which:
A. 
Molests passersby or passing vehicles, including bicycles.
B. 
Attacks other animals.
C. 
Trespasses on school grounds.
D. 
Is at large in violation of this article.
E. 
Damages private or public property.
F. 
Barks, whines or howls and disturbs the peace and tranquility of an area as provided in § 104-29.
G. 
Bites or attacks any person.
NUISANCE DOG
A dog that:
A. 
By excessive barking or other disturbances is a source of annoyance to a sick person residing in the vicinity; or
B. 
By excessive barking, causing damage or other interference, a reasonable person would find its behavior disruptive to one's quiet and peaceful enjoyment; or
C. 
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
Any person or persons, firm, partnership, or corporation owning, keeping, possessing, controlling or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for 48 hours.
PERSON
Any person or persons or any firm, association, or corporation.
PERSONAL KENNEL
A pack or collection of more than four 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. 
Any dog that acts in a highly aggressive manner, when unprovoked, within a fenced yard or enclosure and appears to the Animal Control Officer to be able to jump over or escape. Vocalization or barking, without more, shall not cause a dog to be deemed to have a highly aggressive manner.
B. 
Any dog owned by a person cited more than once in a twelve-month period for allowing said dog to run at large in any public streets or places in the City or upon the premises of anyone other than the owner or keeper without said owner's or occupant's permission.
C. 
The determination that a dog is potentially dangerous under this section shall be in the discretion of the Animal Control Officer or his designee, who shall notify the owner of any such determination.
RESEARCH INSTITUTION
An institution operated by the United States, the commonwealth or a political subdivision thereof, a school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, a medical diagnostic laboratory, a biomedical corporation, or biological laboratory or a hospital or other educational or scientific establishment within the commonwealth above the rank of secondary school which, in connection with any of the activities thereof, investigates or provides instruction relative to the structure or function of living organisms or to the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals.
RESTRAINT
A leash not more than six feet long or a fenced-in area or pen as provided in this article.
SHELTER
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.
UNTAGGED ANIMALS
An animal is considered to be untagged if a valid license tag is not attached to a collar which is kept on the animal.
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. 
A person who at the commencement of a license period is, or who during any license period becomes, the owner or keeper of a dog six months old or over which is not duly licensed, and the owner or keeper of a dog when it becomes three 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 or keeper of a dog so registered, numbered, described and licensed during any 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 City Clerk on a form prescribed and supplied by the City 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.
(1) 
The City Clerk shall not grant such license for any dog unless the owner thereof provides the City Clerk with either a veterinarian's certification that such dog has been vaccinated in accordance with the provisions of MGL c. 140, § 145B, or has been certified exempt from such provisions as outlined in MGL c. 140, § 145B.
(2) 
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 City Clerk when a license is issued. Such tag shall state the following: City of Lowell, 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 City Clerk at a cost as provided in Chapter 150, Fees. This section shall not apply where it is otherwise provided by law, nor shall it apply to a person having a kennel license.
B. 
The provisions of MGL c. 140, § 138, as amended, shall be expressly incorporated herewith and shall henceforth apply under this article.
C. 
A license duly recorded shall be valid throughout the commonwealth, except that, in the case of the permanent moving of a dog into the City, the owner or keeper thereof shall, within 30 days after such moving, present the original license and tag of such dog to the City Clerk and said City Clerk shall take up the same and issue to said owner or keeper a transfer license, together with a tag, for such dog upon payment of a fee as provided in Chapter 150, Fees. The provisions of this article relative to the form and furnishing of licenses and tags shall apply to licenses and tags issued under this subsection.
A. 
Any person maintaining a kennel shall have a kennel license.
B. 
Any person who meets any requirement of the Code of the City of Lowell and MGL c. 140, § 137A, upon application and approved inspection, may obtain a kennel license from the City Clerk on a form prescribed and supplied by the City Clerk and for a fee as set out in § 104-4 of this article. The City Clerk shall, upon application and approved inspection, issue without charge a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering among animals. Prior to the issuance of any kennel license, an inspection of the kennel premises shall be made by the Animal Control Officer and the Animal Inspector.
C. 
The provisions of MGL c. 140, §§ 137B and 137C, as amended, shall be expressly incorporated under this article.
D. 
The City Manager, Superintendent of Police or Animal Control Officer may at any time inspect or cause to be inspected any kennel and if, in his judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, he shall file with the City Council a petition setting forth the facts. Upon this petition, or upon a petition of 25 citizens setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in the City, because of excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, said City Council shall, within seven days after the filing of such petition, give notice to all parties in interest of a public hearing to be held within 14 days after the date of such notice. Within seven days after such public hearing said City Council shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. Within 10 days after such order the holder of such license may bring a petition in the District Court of Lowell, as outlined in MGL c. 140, § 137C. The decision of the court shall be final and conclusive upon the parties. Any person maintaining a kennel after the license therefor has been so revoked, or while such license is so suspended, shall be punished by a fine as set forth in § 104-17 of this article. The City Council may in the case of any suspension reinstate such license.
E. 
The provisions of MGL c. 140, § 137D, as amended, shall be expressly incorporated under this article.
F. 
All kennels shall be limited to a total of 25 dogs to be maintained on said premises. It shall be a violation of this article to have any dogs on said premises over and above said number.
G. 
Nothing in this article shall change any requirements for kennels under the Zoning Code of the City of Lowell.
A. 
The fee for every dog license shall be provided in Chapter 150, Fees.
B. 
Determination of licensing eligibility, exemptions and dogs not required to be licensed, or nonrefunding of license fees, shall be determined as set out in MGL c. 140, § 139.
C. 
The fee for every kennel license shall be as provided in Chapter 150, Fees.
D. 
All fees shall be increased by an amount as provided in Chapter 150, Fees, on the first day of the second month following the required licensing period, as outlined in § 104-2A of this article, and by an additional fee on the first day of each succeeding month up to June 30 each year.
E. 
In addition to all other sums due and owing for any license fee hereunder, a person who applies for a license hereunder shall be obligated to pay all prior amounts for license fees determined to be due and owing by the City Clerk pursuant to this article for past periods in which said person was obligated to obtain a license. It shall be a violation of this article to fail to pay any said sum due hereunder; this remedy shall be cumulative.
A. 
The City Manager shall appoint an Animal Control Officer and as many Assistant Animal Control Officers as he determines necessary to enforce this article, and said individual(s) shall enforce this article and perform such other duties as the City Manager may determine. Compensation, hours and conditions of employment for the Animal Control Officer(s) under this article 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 article.
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 article. 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 City, 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 article.
A. 
The passage by the City Council of the ordinance 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."
B. 
As provided in MGL c. 140, § 167, the City Council 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 city or town or, if a daily newspaper is published in the city or town, by publishing a copy once in that newspaper. Following publication, the mayor, aldermen, or board of selectmen may issue a warrant to a police officer or constable in a city or 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 city or town.
C. 
Nothing contained in Subsection A shall prevent the City Council from passing any other orders authorized by Massachusetts General Laws or by MGL c. 140, § 167, at such times as the Council deems it necessary to safeguard the public.
D. 
Every owner or keeper of a dog shall exercise proper care and control of his dog so as to prevent said dog from becoming a public nuisance. It shall be deemed a public nuisance if any dog should trespass upon public or private property and deposit feces thereon, unless said feces are immediately removed by the owner or keeper of said dog.
E. 
All dogs shall be kept under restraint, as defined in this chapter, including all dogs on any public properties, including parks, playgrounds, or cemeteries, except in any area officially designated by the City Council for off-leash activities, also known as a "dog park."
F. 
Within areas that have been officially designated as off-leash areas, dogs may be allowed to run at large, subject to such rules and regulations as may be determined by the City Council, which rules and regulations shall be posted on site at the designated off-leash area. Violation of any such rules shall constitute a violation of this article and subject the violator to the penalties set forth in § 104-17. All dogs utilizing an off-leash area must be under visual and voice control of the owner or keeper at all times. It shall be the responsibility of the person taking a dog to an off-leash area to clean up and remove any fecal material deposited by such dog. Owners of dogs shall be legally responsible for any and all injury or destruction of property caused by their dogs in an off-leash area.
G. 
Every owner shall exercise proper care and control of his/her animals to prevent them from becoming a nuisance animal.
H. 
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.
I. 
Every dangerous dog, as determined by the hearing officer under § 104-9.1, shall be subject to such order(s) as issued by the hearing officer.
A. 
The Animal Control Officer shall seek out, catch and confine all dogs within the City that have not been licensed within 60 days of the time the dog is required to be licensed under this article and shall seek out, catch and confine for seven days, maximum, any dogs within the City that are found on public property, or on private property where said dog is trespassing and the owner or person in control of such property wants the dog removed, said dogs being in violation of this requirement of this article, and shall seek out, catch and confine any dog within the City which dog was cited for a violation of any provision of this article, and the owner or keeper has failed within 21 days to avail himself to § 104-15 or 104-16 of this article, or within 21 days of a determination by the District Court that any sums are due for a violation of this article and the owner or keeper has failed to pay said sums.
B. 
Any owner or keeper of any dog who refuses to turn over any dog to the Animal Control Officer upon demand, said seeking out, catching or confinement authorized in the Subsection A above, shall be punished by a fine of $100. Each day that said violation continues shall constitute a separate offense.
C. 
It shall be the duty of the Animal Control Officer to apprehend and impound any unlicensed dogs. When the dog is impounded by the City, the owner reclaiming the dog shall be required to pay all fines and charges owed to the City of Lowell before the dog is released.
D. 
It shall be the duty of the Animal Control Officer to apprehend any dangerous dogs running at large. Any dangerous or vicious dog found running at large shall be impounded and may be returned to its owner only upon proof of registration as a dangerous or vicious dog.
E. 
In any event, when a dog is impounded, the impounding authority shall give notice to the owner of the impoundment and advise the owner whether and under what circumstances the dog may be redeemed. The owner of any animal impounded, confined, or destroyed pursuant to the terms of this article shall be responsible for all costs of such confinement, impoundment or destruction.
Any dog confined by the Animal Control Officer, unless picked up by the owner, shall be kept for at least seven days, at which time said dog may be disposed of in a manner determined by the City Manager, provided that at the end of seven days, the Animal Control Officer may make available for adoption any neutered male or any spayed female dog not found to be diseased. Any dog confined by the Animal Control Officer shall not be released to the owner until the owner produces evidence of a current dog license and pays a sum equal to the per-day contract fee for care of the animal, each day or part of a day counted as one day. For any dog adopted under this section, a sum equal to the per-day contract fee for care shall be charged, and said dog shall be licensed before adoption. Any fees in this section are to be in addition to fees or fines as specified elsewhere in this article and/or under Massachusetts General Laws. No dog shall be turned over or sold in any manner inconsistent with MGL c. 140, § 151A.
Any veterinarian registered under the provisions of MGL c. 112, §§ 55 or 56A, who provides emergency treatment to or who euthanizes a dog or cat that is injured on any public way in the City of Lowell shall receive, in lieu of payment from the County Dog Fund as allowed in MGL c. 140, § 151B, payment not to exceed $250 from the Dog Fund provided for under this article. All other provisions of MGL c. 140, §§ 151B and 151C, shall be incorporated herein under this article. The Animal Control Officer shall notify area veterinarians of this process.
In addition to any initial determination by the Animal Control Officer that a dog is potentially dangerous, the following process is available to any person:
A. 
Any person, including the Animal Control Officer or a police officer, may file a complaint in writing to the hearing authority that a dog owned or kept in the City or town is a nuisance dog or a dangerous dog, as defined in § 104-1; provided, however, that no dog shall be deemed dangerous solely based upon growling or barking or solely growling and barking; based upon the breed of the dog; or 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, if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or, if the dog is complained of as a dangerous dog:
(1) 
Dismiss the complaint;
(2) 
Deem the dog a nuisance dog; or
(3) 
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;
(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 doghouse 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 $100,000 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 that 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;
(7) 
That the dog be humanely euthanized; or
(8) 
Potentially dangerous dogs shall be subject to the provisions of §§ 104-22.4 and 104-22.5.
E. 
No order shall be issued directing that a dog deemed dangerous shall be removed from the town or city in which the owner of the dog resides. No city or town shall regulate dogs in a manner that is specific to breed.
F. 
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 Section 62C of Chapter 221 of the Massachusetts General Laws, 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.
G. 
Pending an appeal by an owner or keeper under Subsection F, 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.
H. 
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:
(1) 
An order of restraint;
(2) 
An order 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
(3) 
An order of impoundment in a humane place of detention that the municipality uses to shelter animals; or
(4) 
Any other action as the court deems necessary to protect other animals and the public from the dog.
I. 
A Justice of the District Court shall hear, de novo, an appeal filed under Subsection F. 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, dismiss the complaint; deem the dog a nuisance dog; or deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties.
J. 
Orders of euthanasia.
(1) 
If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the city or town for all reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals process, if any.
(a) 
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:
[1] 
A lien on any property owned by the owner or keeper of the dog;
[2] 
An additional, earmarked charge to appear on the vehicle excise of the owner or keeper of the dog; or
[3] 
A direct bill sent to the owner or keeper of the dog.
(b) 
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.
(2) 
If the court overturns an order of euthanasia, the city or town shall pay all reasonable costs incurred for the housing and care of the dog during a period of impoundment.
K. 
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 officer or Animal Control Officer. If the keeper of the dog is in violation, all reasonable efforts 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.
(1) 
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.
(2) 
Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under Subsection F or I.
A. 
An owner or keeper of a dog who fails to comply with an order of a hearing authority or District Court shall be punished, for a first offense, by a fine of not more than $500 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 of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction.
B. 
No person over the age of 17 who has actual knowledge that a dog has been deemed dangerous under § 104-9.1 shall permit a child under the age of 17 to own, possess or have the care or custody of such dog.
C. 
No person shall transfer ownership or possession of a dog that such person knows, or reasonably should have known, has been deemed dangerous under § 104-9.1 or offer such dangerous dog for sale or breed without informing the recipient of the dog of the finding of dangerousness.
A police officer, constable or Animal Control Officer may capture, detain or, in the case of a threat to public safety, euthanize a dog in a humane manner if found to be in violation of an order of a hearing officer or a District Court and may euthanize a dog, in a humane manner, if it is living in a wild state.
If a hearing authority or a District Court has deemed a dog to be a dangerous dog and such dog wounds a person or worries, wounds or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort to the person injured by the dog for three times the amount of damages sustained by such person.
A. 
The City Manager or agents who are authorized, in writing, to act in his/her stead may, after written notice to the owner or keeper of a dog, enter upon the premises of the owner or keeper of a dog known to such persons to have worried or killed livestock or fowl and then and there euthanize such dog in a humane manner, unless such owner or keeper whose premises are entered for that purpose shall give a bond in the sum of $200, with sufficient sureties, conditioned that the dog shall be restrained for 12 months next ensuing. If the owner or keeper of the dog declares an intention to give such a bond, the selectmen, chief of police, or the agent of the selectmen or chief, as the case may be, shall allow the owner or keeper seven days, exclusive of Sundays and holidays, in which to procure and prepare such bond and to present it or to file it with the clerk of the town or city in which the owner of keeper resides.
B. 
Whoever suffers loss, by the worrying, maiming or killing of such person's livestock or fowl by a dog outside the premises of the owner or keeper of the dog, may inform the Animal Control Officer. The Animal Control Officer shall proceed to the premises where the damage was done to determine whether the damage was inflicted by a dog and, if so determined, appraise the amount of damage if it does not exceed $100. If, in the opinion of the officer, the amount of damage exceeds $100, the damage shall be appraised, on oath, by three persons, one of whom shall be the Animal Control Officer, one of whom shall be appointed by the person alleged to be damaged and one shall be appointed by the other two. Within 10 days thereafter, the appraisers shall consider and include in their appraisal the labor and time necessary to be expended to find and collect the livestock or fowl injured or separated and the value of those lost or otherwise damaged by the dog. The officer, chair or selectman shall return a certificate of the damages found to the treasurer of the city or town in which the damage was done within 10 days after the appraisal is completed. The treasurer shall immediately submit the appraisal to the city or town clerk who, within 30 days, shall examine all bills for damages. The city or town clerk may summons the appraisers or, upon the request of an interested party, shall summons the appraisers and all parties interested and make such investigation as the clerk shall deem proper. The city or town clerk shall issue an order upon the treasurer of the city or town for such amounts, if any, determined to be just and shall notify all interested parties of the decision. The treasurer shall pay all orders drawn upon the treasurer in full, for the above purpose, and payments made shall be charged to the city and paid from the Dog Fund.
C. 
If the City Manager determines, after notice to parties interested and a hearing, the identity of the owner or keeper of a dog which is found to have worried, maimed or killed livestock or fowl, thereby causing damages for which the owner of the livestock or fowl may become entitled to compensation from the city under Subsection B above, the City Manager shall serve upon the owner or keeper of such dog a notice directing the owner or keeper, within 24 hours, to euthanize the dog in a humane manner or restrain the dog.
D. 
A person who owns or keeps a dog and who has received such notice under § 104-10C and does not, within 24 hours, euthanize the dog, or thereafter keep it on the owner's or keeper's premises or under the immediate restraint and control of some person, shall be punished by a fine of not less than $25, and a police officer, constable or Animal Control Officer may euthanize the dog in a humane manner if it is found outside the enclosure of its owner or keeper and not under the owner's or keeper's immediate care.
E. 
The City Manager may investigate any case of damage done by a dog about which the City Manager or the Animal Control Officer shall have been informed as provided in Subsection B above. If the City Manager or Animal Control Officer believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog and believes that such owner or keeper is able to satisfy any judgment recovered in an action, the City Manager or the Animal Control Officer shall bring the action, unless the owner or keeper pays the amount in settlement of the damage as the City Manager or Animal Control Officer deems reasonable before the action is brought. The action may be brought in the name of the City or Animal Control Officer prosecuting the action, and the City Manager or Animal Control Officer shall have the same powers and authority as Animal Control Officers appointed under this article. All damages received or recovered under this subsection shall be paid over to the City Treasurer and be placed in the Dog Fund.
F. 
The City Manager may cause service of such order to be made upon the owner or keeper of the dog by causing a certified copy thereof to be delivered to him, and if he refuses or neglects for 12 hours thereafter to muzzle or restrain such dog as so required, he shall be punished by a fine of not less than $25.
G. 
A city or town officer who refuses or willfully neglects to perform the duties imposed upon the officer by this chapter relating to dogs shall be punished by a fine of not less than $100, which shall be paid to the city or town.
The owner or keeper of a dog which has done damage to livestock or fowls shall be liable in tort to the City for all damages so done in which the City has been requested to pay as provided by MGL c. 140, § 171, or by this article. Such action may be brought in the name of the City of Lowell as directed by the City Manager.
A City or Town may make additional ordinances or bylaws relative to the licensing and control of animals not inconsistent with MGL c. 140, §§ 136A to 174E, inclusive.
All the provisions of MGL c. 140, §§ 167 and 168, shall be incorporated into this article, except that any dog held under the provisions of MGL c. 140, § 167, may not be released until all the requirements of this article regarding licensing and the fee for care of the animal are complied with. All other provisions of MGL c. 140, §§ 167 and 168, shall be incorporated herein.
A. 
The Animal Control Officer or any police officer of the City of Lowell shall be the enforcement officer of any violation of this article. Such enforcement officer shall, in addition to any pickup of the dog pursuant to this article, issue a citation to the owner or keeper of any dog violating the provisions of § 104-6 of this article.
B. 
Any such citation shall include, in addition to the violation charged, the name and address of the owner or keeper of the dog, the date and time and location of the alleged offense, and the amount of the penalty due. Said citation shall be on a form prescribed by and furnished by the City Clerk.
C. 
The City may revoke all licenses issued to animal owners against whom three or more violations of this chapter have been assessed in a twelve-month period. The animals of said owner shall be impounded and disposed of at the discretion of the Animal Control Officer.
A. 
The owner or keeper of the dog that receives a citation under this article may, within 21 days, confess to the offense charged personally or through a duly authorized agent, or by mailing to the City Clerk said citation along with payment in the amount as authorized under § 104-17 of this article. Said payment, if made through the mail, shall be by postal note, money order or check. The payment to the City Clerk shall operate as a final disposition of the case, when such payment is actually received by the City Clerk.
B. 
If such person when issued a citation desires to contest the violation through the informal disposition process, he may, within 21 days of said issuance, request a hearing with the City Clerk, or a hearing officer appointed by said Clerk, and may present, either in person or by counsel, any evidence he may have to refute the allegation contained in the citation. At such hearing, the Clerk or hearing officer shall make a determination as to facts of the allegation, and said determination shall be final regarding the informal disposition process.
If any person so notified by citation desires to contest the violation alleged in the citation without availing himself of the provisions of the informal process, or desires to contest the decision of the Clerk or hearing officer, such person may avail himself of the noncriminal disposition procedures established in MGL c. 140, § 173A. In either of the above cases, or if the owner or keeper of a dog fails to respond to the citation within 21 days, the City Clerk shall forward a copy of the citation to the District Court of Lowell, where it shall be handled under the provisions of MGL c. 140, § 173A.
A. 
Pursuant to the authority to enact a schedule of fines different from those specified under MGL c. 140, § 147A, the following penalties (fines), except where indicated herein, shall be in effect for violations of § 104-6 of this article:
(1) 
Informal disposition process:
(a) 
First offense in a calendar year: $50.
(b) 
Second offense in a calendar year: $75.
(c) 
Third offense in a calendar year: $100.
(d) 
Fourth offense in a calendar year: $150.
(2) 
Noncriminal disposition through MGL c. 140, § 173A:
(a) 
First offense in a calendar year: $50.
(b) 
Second offense in a calendar year: $100.
(c) 
Third offense in a calendar year: $150.
(d) 
Fourth offense in a calendar year: $150.
B. 
Violations of § 104-3, Kennels, or § 104-13, Service of order for restraint of dogs; noncompliance, of this article shall be subject to a fine (penalty) of $100.
C. 
Violation of § 104-20, Dog list, of this article shall be subject to a fine (penalty) of $50.
D. 
The penalty for violation of any other provision of this article shall be $100, unless a different fine or disposition is otherwise specifically provided under any section of this article.
E. 
Each day of all said violations shall constitute a separate offense.
A. 
By the passage of this article, there shall be a Dog Fund established by the City of Lowell as a Fund Balance Reserve for Appropriation from which the City Council shall appropriate funds to pay expenses relating to this article or for any costs that would have heretofore been paid from the County Dog Fund. Any funds received under this article shall be turned into this Reserve Fund.
B. 
The City Council may determine certain salaries or expenses that may not be funded with this fund but must be appropriated through the usual municipal financing procedure, and such determination shall be binding on this administration of this fund by the Treasurer/Collector.
The Board of Health shall, upon application furnish free of charge to any resident who has been exposed to rabies, or may have been so exposed, anti-rabic vaccine and anti-rabic treatment, in accordance with rules and regulations which the Department of Public Health is authorized to make. Any resident shall have the right to select his own physician, who shall be paid by the City at a rate established by the Board of Health but not to exceed $50. Reimbursement for the cost of furnishing vaccine and treatment, not exceeding $50 in the case of any one person, shall be made from the Dog Fund.
Persons authorized or directed by MGL c. 51, § 4, or by any special law, to make lists of persons three years of age or older shall make a list of all dogs owned by the inhabitants of the City at the time of making lists required under such section and shall return the same in duplicate to the City Clerk on or before April 1. An owner or keeper of a dog who refuses to answer or answers falsely to persons directed or authorized to make a list of owners of dogs shall be punished by a fine as provided in § 104-17.
A. 
When a dog is determined to be a dangerous dog by the hearing officer as provided in § 104-9.1, the Animal Control Officer shall follow and enforce any orders issued by the hearing officer under § 104-9.1D as well as enforcement of other provisions of Chapter 104 of the Code and MGL, Chapter 140, including that the owner be prohibited from bringing the dog to the City of Lowell dog park(s).
B. 
The owner of any dangerous dog, if said animal is found on property not owned or controlled by its owner, or not restrained in a secure area per § 104-22.3, shall be subject to a fine of $100 for the first offense; $200 for the second offense; and $300 for any offenses thereafter. In addition, a mandatory hearing shall be held by the hearing officer under § 104-9.1 regarding any further appropriate orders regarding the dog. Each day that the owner is not in compliance shall constitute a separate offense.
C. 
Owners of dangerous dogs found within the City of Lowell and not properly registered shall be subject to a fine of $100.
D. 
Each day there exists a violation of any of the provisions of this section the same shall constitute and be punishable as a separate offense.
E. 
Any order of the hearing officer may also be enforced by the Chief of Police or his designee(s).
F. 
Any dog for which the hearing officer of the City or county has a verified report of having attacked or bitten any person shall be determined to be considered a dangerous dog. A copy of any such report shall be forwarded to the City Clerk for filing, and such dog shall not be reregistered in the City unless the owner is in full compliance with this article and any other applicable laws or regulations.
G. 
Compliance with the requirements of this section shall not be a defense to an order of the hearing officer pursuant to Massachusetts General Laws Chapter 140, Section 157.
H. 
Judicial review of orders regarding dangerous dogs shall be in conformance with MGL, c. 140, § 157.
Any dog found within the limits of the City of Lowell to be a dog trained for fighting, as determined by the Animal Control Officer or any police officer, as that term is defined in § 104-1, shall be impounded and destroyed by the Animal Control Officer. The Animal Control Officer or any police officer may shoot any dog trained for fighting, or any dog, if it is reasonably believed that said dog is approaching the officer or any other person in an imminent menacing manner and/or the officer observes that the dog is attacking or is about to attack and cause physical harm to the officer or any other person in the officer's presence. An owner or keeper of a dog trained for fighting shall be subject to a fine of $200.
A dog or cat whose killing is authorized under this article shall be euthanized only by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia or as otherwise allowed in MGL c. 140, § 151A.
Whoever is the owner or keeper of a dog shall restrain said dog by a chain or leash when in an officially designated public highway rest area. Whoever violates the provisions of this section shall be punished by a fine of not more than $100.
The following are duties of owners when dogs are determined to be dangerous and confinement or other orders have been made by the hearing officer:
A. 
Outdoor confinement:
(1) 
While on the owner's property, a dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure must be at least 10 feet from the property line, must have a minimum dimension of five feet by 10 feet, and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be imbedded into the ground no less than two feet. The enclosure must also provide protection from the elements for the dog. The Animal Control Officer shall verify compliance with this section by an on-site inspection and, if necessary, shall require the owner to further secure the structure.
(2) 
The owner or keeper shall display signs on his/her premises, facing out from all sides of the premises, and on the dog pen, warning that there is a dangerous dog on the property. These signs, which shall state "Beware of Dangerous Dog," must be visible and capable of being read from a public highway or thoroughfare or within 20 feet of their placement. In addition, the owner shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog.
(3) 
A dangerous dog may be off the owner's premises if it is muzzled and restrained in accordance with § 104-9.1.
B. 
Indoor confinement. No dangerous dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept secure in a house or structure which prevents the dog from exiting the house or structure.
C. 
Insurance. The owner or custodian of any vicious dog shall maintain a policy of insurance in an amount not less than $100,000 per incident insuring such person against any claim, loss, damage, or injury to human beings resulting from the acts of such dog. Such person shall produce evidence of the required insurance, which may include a rider or binder, to the Animal Control Officer. This section shall not apply to dogs kept by law enforcement agencies.
D. 
An owner may transport a dangerous dog within the City limits for medical or veterinary care, provided said animal is properly restrained by being both muzzled and leashed, with the leash in accordance with § 104-9.1.
A. 
When a dog is deemed to be potentially dangerous as defined in § 104-1, the Animal Control Officer may order the owner to submit written verification to confirm any or all of the following:
(1) 
When a dog may be spayed or neutered, if the dog is not already altered. The dog will be exempt from such an order if a veterinarian certifies in a written statement that the dog is unfit for alteration because of medical condition(s).
(2) 
Microchip identification, if the dog is not already microchipped or other acceptable permitting as approved by the Animal Control Officer.
(3) 
Behavior training from an approved trainer, as approved by the Animal Control Officer. The costs of said training shall be borne by the owner.
(4) 
Rabies vaccination as required by MGL c. 140, § 145B, if the dog is not up to date on its annual vaccinations, as certified by a licensed veterinarian.
(5) 
The owner provides adequate security to the premises where the potentially dangerous dog is kept, as specifically described, in writing, to the owner by the Animal Control Officer. Said owner must comply within 30 days of receiving the description.
(6) 
That the owner is prohibited from bringing the dog to the City of Lowell dog park(s).
B. 
After two years of compliance with no later incidents, the dog may, at the discretion of the Animal Control Officer, no longer be considered potentially dangerous.
A. 
Persons responsible. No person under the age of 18 shall own, handle, control or be responsible for a potentially dangerous dog.
B. 
Signs. All owners, keepers, or harborer's of potentially dangerous dogs shall display, in a prominent place on their premises, a sign easily readable by the public, using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such dog.
C. 
Penalties. Thirty days after having been notified that a dog is potentially dangerous, any owner found not in compliance with any of the provisions of this section, which violations are found after 30 days' notification, shall be subject to a fine of $100 for any first offense, $200 for any second offense, and $300 for any offense thereafter. Each day that the owner is not in compliance shall constitute a separate offense. Failure to so comply after due notice may result in application by the Animal Control Officer for informal process before the clerk of the District Court and/or any other enforcement measures as further provided in Massachusetts General Laws, Chapter 40, § 21D.
A dangerous animal of any kind or species, as defined under § 104-1, shall be subject to all of the provisions of this article in the same manner as a dangerous or vicious dog.
A. 
There is established in the City of Lowell a committee to be known as the "Animal Advisory Committee" appointed by the City Manager with the approval of the City Council.
B. 
The Animal Advisory Committee shall be composed of seven members: a member of the City Council, a police officer, the Animal Control Officer, a representative of the Massachusetts Society for the Prevention of Cruelty to Animals, a resident dog owner, a resident dog nonowner and a member of a certified kennel club or the Massachusetts Federation of Dog Clubs, or responsible dog owners, all who shall be residents of the City. The term for Committee members shall be for three years.
C. 
The members of such Animal Advisory Committee shall elect one member as Chairperson and such other officers as they deem necessary.
D. 
The Animal Advisory Committee shall have the right and duty to:
(1) 
Meet, at a minimum, on a quarterly basis, or more often as the Chairperson or majority of the Committee deems necessary;
(2) 
Study, review and issue written reports on issues dealing with dogs or other animals in the City.
(3) 
Make recommendations to the City Manager and City Council for the improvement of ordinances of the City as they relate to dogs and other animals in the City.
In addition to the remedies provided in the above sections, the hearing officer, upon a complaint in writing, may determine that a dog is a dangerous dog within the meaning of those sections and, as a result thereof, require compliance by the owner of such dangerous dog with the provisions herein listed. In the instance where the hearing officer shall determine that a dog is dangerous within the meaning of this article, he/she shall, within a period of 48 hours, serve written notice to the Lowell City Council, the Chief of Police and to the Advisory Committee, listing the name and address of the animal, including its owner, and providing the reasoning for the determination, consistent with this article.
Except as specifically modified in this article, the provisions of the applicable sections of MGL c. 140 shall be incorporated into and apply to this article, as well as any other section of Massachusetts General Laws referenced herein.
A. 
The term "attack or guard dog" as used herein shall mean a canine or dog which is trained, whether professionally or otherwise, to protect or guard persons or property and which may attack persons entering upon the property which the dog is protecting or guarding.
B. 
Permit and license required; contents; fee.
(1) 
Any person who owns, rents or uses attack or guard dogs on premises located in the City shall obtain a permit and a license for the same from the City Clerk. There shall be a charge as provided in Chapter 150, Fees, for the permit, and the license fee for the dog shall be as prescribed by MGL c. 140, § 139.
(2) 
A copy of the permit shall be forwarded to the Animal Control Officer.
(3) 
The permit shall contain the following information:
(a) 
The owner's or renter's name, address and phone number;
(b) 
The address of the premises at which the dog will be used for guarding purposes; and
(c) 
The name, address and phone number of a person who can handle and restrain the dog.
(4) 
The permit shall contain a statement that the person to whom the permit is issued agrees by the acceptance of the permit to indemnify and hold harmless the City for any liability for damage to persons or property caused by the attack or guard dog.
C. 
Miscellaneous regulations.
(1) 
The premises where an attack or guard dog is to be kept shall be posted on all four sides with twelve-inch by twelve-inch signs located every 15 feet. Such signs shall contain the words "Warning: Attack Dog on Premises."
(2) 
The Animal Control Officer shall maintain a list of owners, by license, to facilitate notification should the dog be picked up off the premises.
(3) 
The Animal Control Officer shall supply the police and fire dispatchers with a list of locations and owners where such dogs are kept and of the name, address and phone number of a person who can handle and restrain the dog.
(4) 
Whenever attack or guard dogs are off the posted premises, they shall be muzzled.
D. 
Liability. The City assumes no liability for attack or guard dogs by the act of issuing a permit.
A. 
The owner of every dog shall be responsible for the removal of any fecal matter deposited by the owner's animal(s) on his or her property, public walks, recreation areas or private property.
B. 
The owner or person who possesses or controls the dog when appearing with the dog on any public walk, street, recreation area or private property shall possess the means of removal of any fecal matter left by such dog.
C. 
For purposes of this regulation, the means of removal shall include any tool, implement or other device carried for the purpose of picking up and containing such fecal matter. Disposal shall be accomplished by transporting such fecal matter to a place suitable and regularly reserved for the disposal of human fecal matter, specifically reserved for disposal of dog fecal matter or otherwise designated as appropriate by the Health Director.
D. 
Any owner or person in control of any dog who fails to comply with Subsections A, B or C of this section shall be punished by a fine of $25 for each violation.
E. 
When any domestic animal dies, its owner shall cause the animal to be removed to an animal rendering company or to be buried within 72 hours of the death of the animal. The Administrative and disposal fee shall be as provided in Chapter 150, Fees.
No unclaimed dog shall be released for adoption without being sterilized or without written agreement from the adopter guaranteeing that such animal will be sterilized, and a deposit of at least $15 must be paid at the time of adoption, which deposit will be refunded after proof of sterilization.
A. 
Notice to owner. Any person, after receiving written notice that the dog owned or controlled by him has attacked and/or bitten or caused injury to or otherwise endangered the safety of any person(s) or domestic animal(s) within the City in such a manner as to warrant being deemed dangerous, shall be notified of a hearing before the hearing officer regarding any appropriate orders to be issued regarding said dog.
B. 
Penalty. Any owner or person in control of a dog who fails to attend such hearing under the provisions of Subsection A above shall be punished by a fine of $50 for each day of said violation.
A. 
The owner or keeper of any dog shall not allow his/her dog to be upon any school grounds or premises at any time.
B. 
Any owner or keeper of a dog who fails to comply with the provisions of this section shall be punished by a fine of $50 for each day of violation.
A. 
Nighttime repetitive barking. An owner, as that term is defined under § 104-1, shall not allow his/her dog to bark in the open, outside of any building, repetitively for more than 30 minutes during the nighttime quiet hours between 9:00 p.m. and 7:00 a.m.
B. 
Nuisance and/or excessive barking. Nuisance and/or excessive barking by any dog during the hours of 7:00 a.m. to 9:00 p.m. due to owner neglect, as determined by the Animal Control Officer, shall be subject to the fines as provided in Subsection C hereof and shall require a hearing before the hearing officer as to whether such dog is a nuisance dog under § 104-9.1.
C. 
An owner of any dog which violates Subsection A or B above shall be subject to the following:
(1) 
First offense in any twelve-month period: shall receive a written warning.
(2) 
Second or subsequent offenses: shall receive a fine of $50.
D. 
Nothing in this section shall limit or prevent written complaints to the hearing officer on this subject as provided in MGL c. 140, § 157.[1]
[1]
Editor's Note: Former § 104-29.1, Responsible pit bull ownership, added 6-14-2011, which immediately followed this section, was repealed 1-8-2013 based on the provisions of MGL c. 140, § 157, as amended by Chapter 193 of the Acts of 2012 which took effect 10-31-2012.