[Adopted 1-8-2013[1]]
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:
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.
Off the premises of the owner and not under the control of
the owner or a member of his/her immediate family, either by leash,
cord, chain or otherwise. Any animal found to be outside of its natural
habitat and not under the owner's control shall be deemed to
be at large.
Aggressive physical contact initiated by an animal.
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment, at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that "commercial boarding or training kennel" shall
not include an animal shelter or animal control facility, a pet shop
licensed under Section 39A of Chapter 129, of the Massachusetts General
Laws, a grooming facility operated solely for the purpose of grooming
and not for overnight boarding or an individual who temporarily, and
not in the normal course of business, boards or cares for animals
owned by others.
An establishment, other than a personal kennel, engaged in
the business of breeding animals for sale or exchange to wholesalers,
brokers or pet shops in return for consideration.
The Commissioner of Agricultural Resources.
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.
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.
The Department of Agricultural Resources.
Both male and female.
Any dog owned or kept, primarily or in part, for the purpose
of dog fighting or any dog trained for dog fighting.
An animal designated as domestic by regulations promulgated
by the Department of Fish and Game.
A facility operated, owned or maintained by a domestic charitable
corporation registered with the Department or an animal welfare society
or other nonprofit organization incorporated for the purpose of providing
for and promoting the welfare, protection and humane treatment of
animals, including a veterinary hospital or clinic operated by a licensed
veterinarian, which operates consistent with such purposes while providing
veterinary treatment and care.
To take the life of an animal by the administration of barbiturates
in a manner deemed acceptable by the American Veterinary Medical Association
Guidelines on Euthanasia.
The 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.
A person, business, corporation, entity or society, other
than the owner, having possession of a dog.
A pack or collection of dogs on a single premises, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel, and also any premises wherein any person, partnership or corporation
engages in the business of boarding, breeding, buying, selling for
hire, training for a fee, or selling dogs, or engages in training
dogs for guard or sentry purposes, or every pack or collection of
more than four dogs three months old or over owned or kept on a single
premises irrespective of the purpose for which they are maintained.
From January 1 of each year to December 31 of the same year.
The City Clerk of the City of Lowell.
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.
Any animal which:
Molests passersby or passing vehicles, including bicycles.
Attacks other animals.
Trespasses on school grounds.
Is at large in violation of this article.
Damages private or public property.
Barks, whines or howls and disturbs the peace and tranquility of an area as provided in § 104-29.
Bites or attacks any person.
A dog that:
By excessive barking or other disturbances is a source of annoyance
to a sick person residing in the vicinity; or
By excessive barking, causing damage or other interference,
a reasonable person would find its behavior disruptive to one's
quiet and peaceful enjoyment; or
Has threatened or attacked livestock, a domestic animal or a
person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
Any person 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.
Any person or persons or any firm, association, or corporation.
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.
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.
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.
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.
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.
A leash not more than six feet long or a fenced-in area or
pen as provided in this article.
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.
An animal is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the animal.
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.
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.
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.
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:
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
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:
(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.
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.
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.
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.
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.
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.
(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.
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.
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.
