ARTICLE 19
Animal Control
Section 1. Definitions:
A. At Large Any dog shall be deemed to be at large when it is off the premises of its owner or keeper and not under the care and control of a competent person.
B. Care and Control A dog shall be considered to be in the care and control on the premises of its owner or keeper or if the dog be on the premises of another person with knowledge and expressed permission of such other person. A dog under voice command or leashed shall be considered to be in the care and control of a person only if said person is competent to prevent the dog from being a threat to public safety.
C. Dog shall mean all members of the species canis familiaris, both male and female.
D. Animal Control Officer shall be that person or persons charged by the Selectmen to enforce this Bylaw.
E. Owner or Keeper shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.
F. Restrain To limit, restrict and keep in control by means of a leash or by confinement within a building or a fenced barrier from which the dog cannot escape. The main purpose being to deprive the dog of complete liberty of freedom and thus restrict the dog within specific boundaries.
G. Public Nuisance a dog shall be deemed a public nuisance for any of the following reasons:
1. If such dog is found to be at large.
2. If such dog shall persistently or prolongedly bark or howl.
3. If found without wearing a license tag and a vaccine tag as required by Section 2 of this Bylaw.
4. If found in a school, school yard, public or private recreation area, store or shopping area except that a handicapped aid dog under the care and control of its owner shall be exempt from this provision.
5. For having bitten or attacked any person.
6. For having killed or maimed or otherwise damaged any wild or domestic animal.
7. For chasing any domesticated animal, pedestrian, or vehicle on a way to which the public has a right to access, within the Town.
8. Except that a police dog acting in the line of duty shall not be considered a public nuisance.
9. Except that a dog being used as so-called "hunting dog," which is being supervised as such by a person competent to restrain such dog so shall not be considered a public nuisance.
10. For defecating on property to which the public has a right to access or on the private property of another person.
Section 2. License and Tags
A. Any owner or keeper of a dog six months of age or older shall by April 1 cause the dog to be registered, numbered, described and licensed with the Town Clerk in accordance with the laws of the Commonwealth of Massachusetts.
B. The license shall be valid until the following March 31. As a prerequisite to such licensing, the owner or keeper of the dog must present evidence to the Town Clerk that the dog, if six months of age or older, has been vaccinated against rabies, by a licensed veterinarian using a vaccine approved by the United State Food and Drug Administration, and that such vaccine is current.
C. The fee for such a License shall be as established in Section 10. Should any owner, of a dog previously licensed in the Town of Westborough, fail to license his dog before June 1; the owner shall pay a late fee of three dollars plus an additional fee of one dollar per week beginning June 1 before obtaining said license.
D. The owner or keeper of a licensed dog shall cause it to wear it around its neck or body by a collar or harness to which shall be securely attached; (1) the tag evidencing that the dog has been properly vaccinated against rabies, and (2) the license tag issued by the Town Clerk for the current license period.
Section 3. Restraint
No owner or keeper of any dog shall at any time permit his dog, licensed or unlicensed to become a public nuisance within the Town of Westborough.
Section 4. Restraint By Order Of The Dog Officer.
If any person shall make a complaint in writing to the Animal Control Officer of the Town that any dog within his jurisdiction is a public nuisance, the Animal Control Officer shall investigate such complaint and may order the dog impounded, restrained, or take other action as he deems proper to curtail the nuisance. The Animal Control Officer may take similar action, without written complaint, should he become aware of any dog that is a public nuisance.
Section 5. Notice to Owner and Redemption
A. If a dog impounded or quarantined has upon it the name or address of its owner, or if the name of its owner is otherwise known, the Animal Control Officer shall forthwith notify the owner.
B. The owner of any dog so impounded or quarantined, may claim such dog upon the reimbursement to the Animal Control Officer of the expenses for maintaining said dog while impounded or quarantined. Reimbursement for claiming an impounded or quarantined dog shall be as established in Section 10, including all past fines of the Westborough Animal Control Officer as well as handling/kennel fees.
Prior to its release, any dog that is at least six (6) months of age shall have a proper license from the Town Clerk and be properly tagged.
Section 6. Disposition Of Unclaimed Dogs.
Any dog which has been impounded and has not been redeemed by the owner within ten days shall be disposed of as provided by Section 151A, Chapter 140 of the General Laws of the Commonwealth of Massachusetts and any amendments thereto.
Section 7. Fines.
Any owner found in violation of any provision of this Bylaw shall be fined for each offense as established in Section 10.
Section 8. Disposition of Funds.
Any funds collected pursuant to the provisions of this Bylaw by the Animal Control Officer or Town Clerk shall be accounted for and paid over to the Town Treasurer at such time and in such manner as may be designated by the Town Treasurer.
Section 9. Appeal
A. The owner or keeper of any dog that has been ordered to be restrained or muzzled under this Bylaw may, within seven (7) days after such an order or restraint, file a request in writing with the Animal Control Officer, that the restraining order be vacated or that the dog be released. After such investigation by the Animal Control Officer, said Officer may vacate such order and release such dog with the approval of the majority of the Board of Selectmen.
B. If such order is not vacated or the dog is not released, as the case may be, the owner or keeper of such dog, may within twenty days of such order or restraint, bring petition in the Central District Court of Westborough requesting that the order or restraint be reviewed by the Court, and after such notice to the Animal Control Officer as the court may deem necessary, it shall review such action, hear witnesses and reaffirm or reverse the order of the Animal Control Officer. The decision of the Court shall be final and conclusive to both parties.
Section 10. Cats
A. All owned cats over the age of six months shall be vaccinated against rabies, in accordance with Massachusetts General Laws Chap. 140, Sec. 145B. The owner shall keep a record of such vaccine and show proof of vaccination upon request by a Police Officer, a Health Inspector, the Animal Inspector, or the Animal Control Officer.
B. All owned cats, while out of doors and not in a cage shall wear some form of identification, that identifies the owner and address of said cat. Identification may be by a tag attached to a collar or harness or clearly woven into or printed on said collar or harness, and worn at all times when out of doors and not in a cage.
C. Any domestic cat that has bitten or scratched any person or domestic animal and is not wearing identification shall be subject to capture, impoundment, and quarantine at the Town Facility. Any domestic cat that is wearing identification and has bitten or scratched any person or domestic animal, and the owner cannot be immediately reached, shall be subject to capture, impoundment, and the Animal Inspector shall be notified for quarantine. Fees and fines shall be as set forth in Section 11.
D. The Animal Control Officer, after holding a cat in the impoundment facility for a period of not less than ten (10) days, may dispose of said cat in the same manner as dogs, as outlined in Mass. General Laws, Chap. 140, Sec. 151.
E. Any cat that is not identified and cannot be held at the Town Facility for quarantine due to wildness of behavior may be captured, euthanized, and tested for rabies, provided that said animal has bitten or scratched a person or domestic animal in the preceding fourteen (14) days. The Animal Inspector shall be notified of such cases.
Section 11. Fees and Fines.
Pursuant to Chapter 308, Acts of 1985, voted by the Town as Article 41 of the 1986 Annual Town Meeting, the following fees and fines shall be collected by the Town Clerk.
Annual Dog License Fees Impoundment Fees
Female $ 15.00 Each Day per Calendar Day $10.00
Male 15.00 Handling Fee Each Event 15.00
Spayed Female 10.00
Neutered Male 10.00 Fines
First Offense $15.00
Annual Kennel License Fees Second Offense 30.00
4 Dogs or Less $15.00 Succeeding Offenses 50.00
5 to 10 Dogs $36.50
More than 10 Dogs Miscellaneous Fees
and up to a limit of no Transfer of License $ 1.25
more that 20dogs $75.00 Duplicate Tags 1.00
(ATM04)
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