[Adopted 8-16-2004 by Ord. No. 02/04-9616C]
As used in this article, the following terms
shall have the meanings indicated:
ANIMAL CONTROL CENTER
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.
ANIMAL CONTROL OFFICER
Any person designated by the City, including representatives
of any private contractor or its successor, to handle and manage issues
dealing with domestic animals.
DOMESTIC ANIMAL
Any dog, cat, horse, cow, sheep, goat, pig or domestic fowl.
LICENSING AUTHORITY
The City Clerk as provided by the General Laws of the Commonwealth
of Massachusetts.
MUZZLE
Device placed around mouth of dog so as not to injure dog
but prevent it from biting any person or animal.
OWNER
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.
PHYSICAL RESTRAINT
On a leash and controlled by a person physically capable
of controlling such dog.
POTENTIALLY VICIOUS DOG
Includes, but is not limited to, any dog that:
A.
When unprovoked, bites a human or domestic animal
on public or private property; or
B.
When unprovoked, chases or approaches a person
upon the streets, sidewalks, or any public or private property in
an apparent attitude of attack.
PUBLIC NUISANCE
Includes, but is not limited to, any animal which, as determined
by the Animal Control Officer or a police officer:
A.
Molests or threatens passersby or passing vehicles.
B.
Is repeatedly at large three or more times.
C.
Damages private or public property.
D.
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.
E.
Creates excessive offensive odor.
RESTRAINT
Any leash, lead or other physical restraint.
SECURE ENCLOSURE
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.
SERIOUS BODILY INJURY
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.
UNPROVOKED
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.
VICIOUS DOG
Any dog that has:
A.
Without provocation, killed or inflicted serious
bodily injury on a human being or other domestic animal on public
or private property.
B.
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.
The following employees of the City of Marlborough
shall have the authority to enforce the provisions of this article:
C. Board of Health Inspector.
D. Parks and Recreation Department employee when assigned to a park or recreational area owned by the City of Marlborough (only with respect to §
250-5).