[HISTORY: Adopted by the City Council of
the City of Marlborough as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-16-2004 by Ord. No. 02/04-9616C[1]]
[1]
Editor's Note: This ordinance also repealed
former Ch. 85 of the 1986 Code, Dogs, adopted 3-6-1967 by Ord. No.
7352, as amended.
As used in this article, the following terms
shall have the meanings indicated:
Any facility operated by or for the City of Marlborough or
the authorizing agents thereof for the purpose of impounding or caring
for animals held under the authority of this article or Massachusetts
General Laws.
Any person designated by the City, including representatives
of any private contractor or its successor, to handle and manage issues
dealing with domestic animals.
Any dog, cat, horse, cow, sheep, goat, pig or domestic fowl.
The City Clerk as provided by the General Laws of the Commonwealth
of Massachusetts.
Device placed around mouth of dog so as not to injure dog
but prevent it from biting any person or animal.
Any person, firm, corporation, organization or department
owning, keeping, having an interest in, or having care, custody or
control of, or harboring one or more animals. An animal shall be deemed
to be harbored if it is fed or sheltered for 14 consecutive days or
more.
On a leash and controlled by a person physically capable
of controlling such dog.
Includes, but is not limited to, any dog that:
Includes, but is not limited to, any animal which, as determined
by the Animal Control Officer or a police officer:
Molests or threatens passersby or passing vehicles.
Is repeatedly at large three or more times.
Damages private or public property.
Barks, yelps, whines, howls or makes any noise
natural to its species in an excessive, continuous or untimely fashion
so as to disturb the peace in excess of 30 minutes.
Creates excessive offensive odor.
Any leash, lead or other physical restraint.
Escapeproof enclosure which is locked and secured on all
six sides. Enclosure shall conform to MGL c. 272, § 77 (Cruelty
to animals). *Subject to inspection and approval of the Animal Control
Officer.
Bodily injury which involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and obvious disfigurement
or protracted loss or impairment of the function of a bodily member
or organ.
That the animal was not hit, kicked or struck by a person
with any object or part of a person's body nor was any part of
the animal's body pulled, pinched or squeezed by a person nor
was the animal verbally or physically taunted in any way whether there
be physical contact or not.
Any dog that has:
Without provocation, killed or inflicted serious
bodily injury on a human being or other domestic animal on public
or private property.
Been found to be potentially vicious, and after
the owner has notice that the dog is potentially vicious, the dog
bites, attacks or endangers the safety of humans or domestic animals.
A.Â
Any person who owns, keeps, harbors or has control
over any dog over the age of six months shall annually obtain a license
for said dog from the licensing authority.
B.Â
Such dog shall have a current rabies vaccination at
time of licensing. The owner of said dog must provide written proof
of vaccination.
C.Â
Any owner or keeper of a dog not being a resident
of the City but remaining in the City and keeping a dog within the
City for a period of more than 30 days shall become subject to the
provisions of this article.
D.Â
March 1 is established as the deadline date for the
purchase of dog licenses. After that date, a penalty charge of $10
will be added to the licensing fee.
E.Â
If a dog is moved into the City after the March 1
deadline, the owner shall have 14 days to license such dog.
G.Â
A copy of these regulations as well as literature
regarding responsible pet ownership and care shall be disseminated
with every dog license sold in the City.
H.Â
All outstanding dog-related fines must be paid before
a license will be issued.
I.Â
Any person who owns, keeps, harbors or has control
over any dog over the age of six months who does not comply with the
licensing requirements set forth in this article shall be subject
to a fine of $50.
A.Â
No dog owner shall permit such dog, whether licensed
or unlicensed, to become a public nuisance, as defined in this article
and MGL c. 140 § 157, within the City of Marlborough.
B.Â
Any unspayed female dog in heat shall be deemed a
public nuisance unless confined in a building or enclosure in such
a manner that such female dog cannot come in contact with a male dog
except for planned breeding.
C.Â
To consider declaring a dog a public nuisance, an
Animal Control Officer, Board of Health employee, or any humane officer
or any police officer, or upon a signed complaint by a member of the
public, may request of the Chief of Police or designee that an investigation
be conducted to collect any evidence which can be used to determine
whether or not a dog should be declared a public nuisance.
D.Â
If after investigation, the Chief of Police or designee
declares a dog is a public nuisance, he shall notify the owner by
certified mail return receipt requested of such declaration and may
issue an order concerning the restraint or disposal of such dog as
may be deemed necessary, authorized under MGL c. 140, § 57,
against the dog. Under the provisions provided in MGL c. 140, § 157,
within 10 days after such order, the owner or keeper of such dog may
bring a petition in the district court asking the order be reviewed
by the court or magistrate thereof.
E.Â
Any dog owner who fails to comply with any order of
the Chief of Police or district court may be punished by a fine or
imprisonment as set forth in MGL. c. 140, § 157.
A.Â
No person owning or keeping a dog within the City
shall permit such dog to be at large, loose or unattended within the
City at any time, except on the premises of the owner or keeper, or
on the premises of another person with the knowledge and permission
of such other person.
B.Â
All dogs must be under actual physical restraint by
way of a leash when on any property within the City, whether public
or private, except on the premises of the owner or keeper, or on the
premises of another person with the knowledge and permission of such
other person.
C.Â
In any prosecution hereunder, the presence of such
dog at large, loose or unattended upon the premises other than the
owner or keeper of such dog shall be prima facie evidence that such
knowledge and permission was not had.
D.Â
Any dog found at large in violation of this section
shall be caught and confined at the Animal Control Center by the Dog
Officer, who shall notify forthwith the owner or keeper of such dog
in writing giving the owner or keeper a period of 10 days within which
to recover the dog. If the owner is unknown, then no notification
shall be necessary. If the dog is unlicensed at time of impoundment,
the owner must comply with all the licensing requirements as provided
by this article prior to the release of the dog. If the owner does
not claim the dog during such period, the dog shall be disposed of
in a humane manner to be determined by the Dog Officer, but no dog
shall be turned over to a medical or research center for the purpose
of experimentation.
E.Â
This order shall be deemed an order under MGL c. 140,
§ 167.
F.Â
The owner is liable for all expenses related to the
impoundment and care of the dog at a rate of $12.50 for each day the
dog has been held, plus the following penalties: first offense, a
warning; second or third offense, $30; fourth and subsequent offenses:
$50.
A.Â
Removal; disposal. The owner of any dog or any person
who possesses or controls a dog shall be responsible for the removal
of any fecal matter deposited by the dog on any sidewalk, gutter,
street, park or other public area or on any private property neither
owned nor occupied by said person. No person shall appear with such
dog on any sidewalk, gutter, street, park or other public area or
on any private property neither owned nor occupied by said person
without the means of removal of any feces left by such dog. For the
purpose of this article, the means of removal shall include any tool,
implement or other device carried for the purpose of picking up and
containing such fecal matter so that it shall be unexposed to the
public. Disposal shall be accomplished by transporting such feces
to a place suitable and regularly reserved for the disposal of human
or animal fecal matter or otherwise designed as appropriate by the
Board of Health.
B.Â
Fecal matter placed in a plastic bag and securely
tied or knotted may be disposed of in public trash containers.
C.Â
Violations and penalties. Any owner or person who
possesses or controls the dog and violates the provisions of this
section or permits a violation shall be subject to a warning on the
first offense and subject to a noncriminal ticket in the amount of
$50 for each violation thereafter.
D.Â
Authorized enforcement personnel. The following positions
shall be authorized enforcement personnel for this section:
A.Â
To consider declaring a dog or other animal vicious
or potentially vicious, an Animal Control Officer, health and human
services employee, or any humane officer or any police officer, or
upon a signed complaint by a member of the public, may request of
the Chief of Police or designee that an investigation be conducted
to collect any evidence which can be used to determine whether or
not a dog should be declared vicious or potentially vicious. No dog
shall be declared vicious or potentially vicious if the threat, injury
or damage was sustained by a person committing a crime or was provoked
by a person or animal cruelly abusing the dog or other animal.
B.Â
If after investigation the Chief of Police or designee
declares that the dog is either a vicious dog or potentially vicious,
he shall notify the owner by certified mail, return receipt requested,
of such declaration and issue a restraining order, authorized under
MGL c. 140, § 157, against the dog.
C.Â
The Chief of Police or designee, at his discretion,
may order one or more of, but not limited to, the following corrective
plans of action against a dog which has been declared vicious or potentially
vicious:
(1)Â
That upon the owner's property the dog must be
so restrained or controlled so as to prevent the dog from leaving
the property. A radio-fence alone will not constitute restraint on
an owner's property.
(2)Â
That upon the owner's property the dog be so
restrained or controlled as to prevent the dog from assaulting or
threatening any person upon a public way or upon abutting public or
private property.
(3)Â
When not on the owner's property, the dog must
be under actual physical restraint and control by way of a leash and
muzzle as defined in this article.
(4)Â
Enrollment and successful completion of a behavioral
modification training course from a qualified instructor.
(5)Â
Construction of a secure enclosure to house the dog
while on the owner's property.
(6)Â
Banish the dog from the City of Marlborough.
(7)Â
Euthanize the dog.
D.Â
If the owner is found violating the requirements of
a previously issued order or corrective action, or the dog is found
on property not owned or controlled by its owner or not restrained
in the secure area, an order that the dog or other animal be euthanized
may be issued. Immediate public impoundment of the dog(s) by the Animal
Control Officer shall occur when a violation is found to exist; the
owner shall bear the cost for such public impoundment. The said fine
for such violation shall be $200 per day or part of the day the violation
is allowed to exist. Violation of the order may result in criminal
proceedings against the owner as provided in MGL c. 140, § 157.
E.Â
The owner of any dog declared vicious shall post his/her
property with a sign which is clearly visible to the street that reads
"WARNING, VICIOUS DOG."
F.Â
Ownership of a vicious dog cannot be transferred to
another person residing within the City of Marlborough.
G.Â
If a vicious or potentially vicious dog bites or attacks
a person or other domestic animal, the dog shall be impounded and
quarantined for the proper length of time for rabies observation.
Confinement of the animal may be accomplished at an animal shelter
or at a private veterinary hospital and any charges incurred shall
be the responsibility of the owner. A summons shall be issued to the
owner of such animal. The dog or other animal may be euthanized within
90 days unless an appeal is taken by the owner involved to the district
court within 30 days of the impoundment.
H.Â
If a dog has been declared vicious or potentially
vicious, notification to the abutting and across-the-street property
owners shall be made by certified mail, return receipt requested,
at the expense of the owner. In addition, notification to the closest
100 homes by way of the Reverse 911 System shall made by the Chief
of Police or designee.
I.Â
If a vicious dog is removed from the City limits to
reside in another community, the owner must notify the Chief of Police
in writing, who shall notify the Chief of Police or the person duly
authorized to handle issues regarding dogs in the new community of
the dog's new address.
J.Â
Owners of a vicious or potentially vicious dog found
within the City of Marlborough and not properly licensed shall be
subject to a fine of $100.
A.Â
Any dog which has been impounded and has not been
reclaimed by the owner within 10 days shall be disposed of as provided
by MGL Chapter 140, unless otherwise provided by this article. If
the owner does not claim the dog during such period, the dog shall
be disposed of in a humane manner to be determined by the Animal Control
Officer, but no dog shall be turned over to a medical or research
center for the purpose of experimentation.
B.Â
The City of Marlborough shall not be liable for any
disposition of such dogs in accordance with this article.
C.Â
It is the intent that all costs, including medical
care, associated with the impoundment of a dog for any reason in accordance
with this article and Massachusetts General Laws shall be the sole
responsibility of the owner of the dog.
A.Â
A violation or breach of any portion of this article
shall be punishable as outlined or provided in MGL c. 140, § 173a,
unless otherwise specified by this article.
B.Â
Each day or part of a day there exists a violation
of any of the provisions of this article shall constitute and be punishable
as a separate offense.
C.Â
Failure to comply with any provision set forth in
this article could result in a criminal offense.
A.Â
The sums collected pursuant to the provisions of this
article shall be accounted for and paid over to the City Treasurer.
The following employees of the City of Marlborough
shall have the authority to enforce the provisions of this article: