CHAPTER 90 ANIMAL CONTROL LAWS. Enforcement agents; responsibility of owners

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1 CHAPTER 90 ANIMAL CONTROL LAWS ARTICLE I Dog Control S90-1. S90-2. S90-3. S90-4. S90-5. S90-6. S90-7. Definitions Enforcement agents; responsibility of owners Declaration of nuisance Restraint and Control Impoundment Barking Dogs Penalties ARTICLE II Additional Provisions S90-8. S90-9. S S S S S S S S Dog license fees and tags Disposition of fees and fines Restrictions on dog pounds Unattended animals in standing or parked vehicles Vaccination of dogs and cats against rabies Limit on number of dogs and cats per residence Emergency treatment or disposal Dangerous and vicious dogs Potentially Dangerous Dogs Dog Waste Removal ARTICLE I Dog Control S90-1. Definitions As used in this Article, the following terms shall have the meanings indicated:

2 OWNER OR KEEPER Any person possessing, harboring, keeping or having an interest in, or having control or custody of a dog. If the animal is owned by a person under the age of eighteen (18), that person s custodial parents or legal guardian shall be responsible for complying with all requirements of this bylaw. IF FOUND OFF LEASH OESTRUS CYCLE - The technical term for the common expression "in heat" OUT OF CONTROL - Accompanied by a person not exerting proper supervision RESTRAINED - Being kept leashed or fenced within the bounds of the property of the owner or keeper. S90-2. Enforcement agents; responsibility of owners A. The Selectmen shall appoint an Animal Control officer who shall report directly to the Selectmen. The Board of Selectmen may from time to time designate a person to act as Supervisor of the Animal Control Officer and may remove at any time said person from acting as Supervisor. B. The owners or keepers of a dog or dogs shall at all times be responsible for the acts of their dogs. S90-3. Declaration of nuisance offenses I. A dog is considered to be a nuisance and to have committed an offense/violation under this chapter for any of the following causes: A. If found without a license when a license is required by law. B. If found at large or found to be off leash, when it is required by law that the dog be leashed. C. If found to have caused property damage D. For having bitten or injured any domestic animal E. For having bitten, injured or physically molested any person F. For chasing any vehicle on a public way or way open to public traffic in the town G. If any person shall make a complaint in writing to the animal control officer of the town that any dog owned or harbored within his jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, the animal control officer shall investigate such complaint, which may include an examination on oath of the complainant, and may find such a dog to be a nuisance. H. A dog that is found, whether on leash or not, on any beach under the care and control of the town or on any beach within the limits of the town to which

3 the public have a right of access during the months of June 1 September 15. Certified special care dogs for the impaired or dogs enrolled in such a certification program, are excluded from this section of the bylaw. I. A dog in her oestrus cycle, even when confined to the property of the owner or keeper, if attracting other dogs to the area, which condition causes disturbance on or damage to neighboring property or public areas. J. A dog found not to have a current rabies vaccination. K. A dog that is found to be leashed, though uncontrolled, attended to by a person unable to demonstrate proper restraint and control of its actions. II. A cat or other domestic pet (excluding dog) is considered to be a nuisance for any of the following causes: A. If found without a license when a license is required by law. B. If found to have caused property damage. C. For having bitten or injured any domestic animal. D. For having bitten, injured or physically molested any person. E. If any person shall make a complaint in writing to the Animal Control Office of the Town of Hull that any animal owned or harbored within his/her jurisdiction is a nuisance by reason of vicious disposition, the Animal Control Officer shall investigate such complaint, which may include an examination on oath of the complainant, and may find such an animal to be a nuisance. S90-4. Restraint and Control A. Any person owning, keeping or being responsible for a dog shall not allow nor permit said dog to run at large on any of the streets or public places in the Town of Hull or upon any private property, unless the owner or lawful occupant of such property grants permission therefore. B. No dog shall be allowed or permitted in any public place or street within the Town of Hull unless it is effectively restrained and controlled by a chain or other form of leash that is sufficient to hold the dog. C S90-5. No dog shall be allowed to roam on a leash that exceeds seven (7) feet in length that is suitable test for the dog that is being restrained and is attended to by a person of adequate age and discretion to properly control its actions or is at the heel position beside a competent person and demonstrably obedient to the person s command. Impoundment A. The animal control officer may impound any dog found to be a nuisance.

4 (1) An impounded dog shall be released to its owner or keeper upon payment of the pound fees and on the following additional conditions: (a) Upon the agreement of the owner or keeper to undertake such restrictions or control of the animal as the animal control officer shall require. (2) Dogs impounded and unclaimed by the owner or keeper after ten (10) days shall be disposed of in accordance with the provisions of MGL C 140, s151a. A. The animal control officer may impound any dog found to be a nuisance under s90-3i for the duration of the oestrus cycle, releasing it thereafter to the owner or keeper upon the payment of pound fee, or the animal control officer may require the owner or keeper to place and keep such dog, when in such cycle, in a kennel or to remove it from the area so that the nuisance is abated. S90-6. Barking Dogs No person owning, keeping or otherwise responsible for a dog shall allow or permit said dog to annoy another person s reasonable right to peace or privacy by making loud or continuous noise, where noise if plainly audible at a distance of one hundred (100) feet from the building, premises, vehicle of conveyance housing said dog, or such noise is in excess of ten (10) minutes. The fact that such noise is plainly audible at said distance or continuous in excess of ten (10) minutes shall be prima facie evidence of a violation. S90-7. Penalties In addition to the above, the animal control officer may bring a complaint against the owner or keeper of a dog violating the provisions of this Article by proceeding under the provisions of MGL C 140, s173a, by the following alternate schedule of fines: A. If it is the first offense subject to this section committed within a calendar year, by a fine of twentyfive ($25) dollars. B. If it is the second and subsequent offences committed within a calendar year, by a fine of fifty ($50) dollars for each offense. ARTICLE II Additional Provisions S90-8. Dog license fees and tags

5 Notwithstanding the provisions of MGL C 140, s139, or any other provision of law to the contrary, the annual fees to be charged by the Town of Hull for the issuance of dog licenses shall be as follows: A. Any person residing in the Town of Hull, who at the beginning of the license period (April 1 to March 31) or who during the license period becomes the owner or keeper of a dog six (6) months of age or older, shall cause the dog to be licensed within thirty (30) days. The Town Clerk shall issue dog licenses and tags on a form prescribed and furnished by the Town of Hull. B. On the license form the Town Clerk shall record the name and address of the owner or keeper of the dog and the name, license number and description of each dog. C. The owner or keeper shall cause each dog to wear around its neck or body a collar or harness to which he shall securely attach the license tag. In the event that any tag is lost, defaced or destroyed, substitute tags may be obtained by the owner or keeper from the Town Clerk at a cost of one dollar ($1). D. The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian s certificate verifying that the dog is currently licensed against rabies. E. Any exemption from the requirements of having to produce valid rabies certificate in order to obtain a dog license shall be granted if the owner or keeper presents a signed statement from a veterinarian, indicating that because of infirmity, other physical condition or regimen of therapy inoculation is hereby deemed inadvisable. F. Notwithstanding the provisions of G.L. c. 140, section 139, or any other provision of law to the contrary, the annual fees to be charged by the Town of Hull for the issuance of dog licenses shall be as follows: A. Unspayed and unneutered dogs: Fifteen ($15) dollars B. Spayed and neutered dogs: Ten ($10) dollars G. Any owner or keeper who moves into the Town of Hull and has a valid dog license for his/her dog from another city or town in the Commonwealth, shall within thirty (30) days obtain a dog license for a fee of one $1) dollar upon producing evidence of the previous license. H Any person who violates the provisions of Section 90-8A-G shall be subject to a payment of a fine of twenty five ($25) dollars.

6 S90-9. Disposition of fees and fines Notwithstanding the provisions of MGL C140, s147, or any other provision of law to the contrary, all money received for licenses or from the sale of dog licenses by the Town of Hull or recovered as fines or penalties by said town shall be paid into the treasury of said Town of Hull and shall not thereafter be paid over by the Town Treasurer to the County of Plymouth but shall be appropriated solely for animal care and control. S Restrictions on dog pounds Notwithstanding any provision of the law to the contrary, any animal pound, as defined in MGL C49A, s3, of the provisions of MGL C49A, s1 and no such animal pound located in such town shall be permitted to deliver from its available impounded animals any animal to a licensee as defined in said MGL C49A, s1 for the purpose of scientific investigation, experimentation, instruction or testing of dogs or medicine. S Unattended animals in standing or parked vehicles No owner or caretaker may leave a dog, cat or other small animal unattended in a standing or parked vehicle in a manner that endangers the health or safety of such animal Authority to remove Reasonable force may be used to enter and to remove such animal from a standing or parked vehicle by any Police Officer, Animal Control Officer or agent or officer of any humane society Liability for Removal No such person may be held civilly or criminally liable for any damage caused by removing such animal from a vehicle if reasonable force was used Violations and Penalties Any person or persons violating any of the provisions of Chapter 90, section 11 of the Code of the Town of Hull shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars ($100.00) for each violation. This chapter may also be enforced by noncriminal disposition, or by civil action, without limiting any other method of enforcement Severability Any clause, section, or part of this chapter determined to be invalid by any judiciary for any reason, shall be severable from any other clause, section, or part without affecting the validity of that which remains.

7 S Vaccination of dogs and cats against rabies A. The owner or keeper of a dog or cat six (6) months of age or older housed in the Town of Hull shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine approved by the Massachusetts Department of Public Health. Unvaccinated dogs and cats acquired or moved into the Town of Hull shall be vaccinated within thirty (30) days after acquisition or arrival into the Town of Hull or upon reaching the age of six (6) months, whichever first occurs. Such owner or keeper shall procure a veterinarian s certification that such animal has been so vaccinated and setting forth the date of such veterinarian that a certification was issued. B. The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; however, the owner of a cat may choose not to affix a tag to his cat, but shall have the tag available for inspection upon demand by the Animal Control Officer, Police Officers, Animal Inspector or other such authorized officials of the Town of Hull. S Limit on number of dogs and cats per residence A. No person shall keep more than six (6) cats being over the age of six (6) months, at any premises within the Town of Hull. No person shall keep more than four (4) dogs being over the age of six (6) months, at any premises within the Town of Hull unless a kennel license has been first obtained. B. Any person who violates the provision of section 90-13A shall be subject to a written warning for the first offense, and for each subsequent offense shall be subject to a payment of a fine of twenty-five dollars ($25). In addition, to any other legal remedies that may be available. The Animal Control Officer or other designated enforcing person may enforce these penalties through the towns non-criminal disposition bylaw. C. The foregoing limitation on the number of dogs shall not apply to dogs in excess of four legally licensed and being kept by a person as of the effective date of this bylaw provision. S Emergency treatment or disposal Payment to veterinarians. Any veterinarian registered under the provisions of MGL Chapter 112, section 55 or 56A, who renders

8 emergency care or treatment to, or disposes of or is mandated to test for rabies, a dog or cat that is injured in any way within the Town of Hull, and brought to a veterinarian by the Animal Control Officer or police personnel, shall receive payment from the owner of such dog or cat, if known. S Dangerous and vicious dogs (A) Definition. A dangerous dog or vicious dog as used in this section, shall mean: 1. Any dog that has bitten or attacked (herein called an attack) any person or has attempted to bite or attack (herein called attack) any person. In addition to any other evidence that a dog has attempted to attack a person, a dog shall be deemed to be attempting to attack if it is restrained by a leash, fence or other means, and it is clear from the dog s excited actions, such as for example acting in an aggressive, vicious or terrorizing manner, that only the presence of the leash, fence or other means of restraint is preventing the dog from making an immediate attack or is otherwise deflected from coming into contact with a person or animal while in such an aggressive state. 2. Any dog with a known propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of domestic animals. 3. Any dog whether leashed or not, which, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public or private property. 4. The term dangerous dog shall have the same meaning as a vicious dog and the term vicious dog shall have the same meaning as a dangerous dog. if: Exceptions No dog shall be considered dangerous or vicious 1. A human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. 2. A domestic animal, which, at the time the injury was sustained, was teasing, tormenting, abusing or assaulting the dog. 3. A domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, and the injury was to a species or type of domestic animal appropriate to the work of

9 the dog. 4. No dog shall be considered dangerous or potentially dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault. 5. No military, correctional or police-owned dogs shall be considered dangerous if the attack or injury to a person or domestic animal occurs while the dog is performing duties as expected. 6. No dog shall be considered dangerous or potentially dangerous if the dog was reacting to pain or injury, or was protecting itself or its offspring. B. Duties of the Animal Control Officer when dog is deemed dangerous or vicious. When a dog is deemed to be dangerous or vicious, the Animal Control Officer may order the following: 1. Spay or neutering, if the animal is not already altered. The animal will be exempt from such an order if a veterinarian certifies in a written statement that the animal is unfit for alterations because of medical conditions. 2. Microchip identification, if the animal is not already microchipped. 3. Behavior training from a certified behaviorist, as determined by the Animal Control Officer. 4. 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 description. 5. Any other directive reasonably designed to protect the public or any person or other animal from harm from the dog. C. Outdoor Confinement No person shall own, keep or harbor, or allow to be upon any premises occupied by him under his charge or control, any vicious dog, or any dog of a cross, dangerous or ferocious disposition, or a dog that may manifest a disposition to bite, without it being confined behind a fence and securely chained by a chain which will not allow the dog to come closer than 6 feet to the fence, and not take such dog out of the secure enclosure unless the dog is securely muzzled and leashed on a leach no longer than 4 feet in length. The dog must be under control of a responsible person 18 years of age or older. No such dogs are allowed on or within 100 feet (unless so confined or restrained pursuant to this by-law) of any beaches, playgrounds, bus stops, or school property.

10 D. Indoor Confinement No vicious 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 in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure, unless said dog is confined to a crate or is on a restrain sufficient to restrain the dog from exiting the house or structure. E. Signs All owners, keepers, or harborers of vicious 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 by the kennel or pen of such dog. F. Give away, selling, bartering or transferring possession In the event that any dog deemed vicious under this section is given away, sold, bartered possession of same is transferred, the orders and directives of the Animal Control Officer as pertains to said dog shall remain applicable. The owner, keeper or harborer shall inform the recipient of said dog of same. Any person so receiving such a dog shall remain subject to the orders and directives so issued. All owners, keepers, or harborers of such dog will notify Animal Control in advance of the dog s relocation whether within the Town or elsewhere. G. Impoundment Any dog found running at large or in violation of this section shall be impounded by the Animal Control Officer and cannot be claimed until the provisions of the section are met. The impoundment fee is borne by the owner whether or not such dog is claimed. If such dog is not reclaimed within 10 days of such impoundment the animal may be disposed of by adoption or euthanasia, dependent upon species and condition of the animal impounded, which determination shall be made by the Animal Control Officer. H. Destruction When, in the judgment of the Animal Control Officer, a dog should be destroyed after being determined to be vicious. G.L. c. 140, section 157 shall be applicable. I. Dangerous or vicious dog surcharge For any dog deemed a dangerous or vicious dog there shall be an annual $50 surcharge due to the additional services that are required by the Town in addition to the regular licensing fee. The surcharge required by this provision shall be paid within 30 days

11 of the determination or order. Said surcharge shall thereafter be due and payable at the time of obtaining the dog license or renewal thereof. J. Penalties After 30 days of being notified that a dog is dangerous or vicious, any owner found not in compliance with any of the provisions of this section, shall be subject to a fine of $100. Each day the owner is not in compliance with any provision shall constitute a separate offense. These provisions may also be enforced under the Town s non-criminal disposition bylaw. K. Appeals In addition to any other appeal provided by law, any person aggrieved by a determination or order of the Animal Control Officer may appeal the same to the Board of Selectmen which shall hold a hearing under the provisions of G.L. c. 140, section 157 and all rights of further appeal as provided for in said section or otherwise provided by law shall apply. S (A) Potentially Dangerous Dogs Definition A potentially dangerous dog as used in this section, shall mean: 1. Any dog that is impounded or its owners cited for allowing a dog to run off leash three or more times in a twelve-month period: or 2. 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 of a highly aggressive manner. (B) Duties of the Animal Control Officer when dog is deemed potentially dangerous. When a dog is deemed to be potentially dangerous, the Animal Control Officer may order the following: 1. Spay or neutering, if the animal is not already altered. The animal will be exempt from such an order if a veterinarian certifies in a written statement that the animal is unfit for alterations because of medical conditions. 2. Microchip identification, if the animal is not already microchipped. 3. Behavior training from a certified behaviorist, as determined by the Office of Animal Control. 4. 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 description.

12 5. Any other directive reasonably designed to protect the public or any person or other animal from harm from the dog. (C) Person Responsible No person under the age of 18 shall own, handle, control of be responsible for a potentially dangerous dog. (D) Signs All owners, keepers, or harborers 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. (E) Penalties After 30 days of being notified that a dog is potentially dangerous, any owner found not in compliance with any of the provisions of this section shall be subject to a $100 fine for any first offense and all subsequent offenses. Each day that the owner is not in compliance shall constitute a separate offense. These provisions may also be enforced under the Town s non-criminal disposition bylaw. (F) Appeals In addition to any other appeal provided by law, any person aggrieved by a determination or order of the Animal Control Officer may appeal the same to the Board of Selectmen which shall hold a hearing under the provisions of G.L. c. 140, section 157 and all rights of further appeal as provided for in said section or otherwise provided by law shall apply. S Dog Waste Removal A. No person owning or having the care, custody or control of any dog shall permit such dog to defecate upon any sidewalk, street, throughfare, beach or wetland, in or upon any public property or in or upon the property of persons other than the owner or persons having the care, custody or control of such dog, unless said person picks up any such waste and disposes of same in a sanitary manner. B. This section shall not apply to a Service Dog accompanying any handicapped person. C. Any person found in violation of this section shall be subject to a written warning for the first offense, $25 for second offense, $50 for third offense and increased in $25 increments for subsequent offenses, with a maximum of $100.