[Ord. of 3-14-2006]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein,
unless the context in which they are used clearly requires a different
meaning:
When a dog does not have access to a shelter, or when a dog
is restrained by a rope or chain that is less than 15 feet in length;
or when a dog is living in an area that is contaminated, insect infested
or littered by feces, broken glass, nails, sharp metal or wood objects,
antifreeze or other harmful objects or poisonous substances; or when
a dog does not have access to a proper supply of clean water and food.
Any person designated by the Mayor of the City of North Adams
to enforce the laws relating to dogs and other animals.
A dog unaccompanied by a person of adequate age and discretion
to properly control its actions, and is unrestrained by a leash or
chain not exceeding six feet in length.
The facility owned and operated by the City of North Adams
for the purpose of impounding or care of dogs and other animals held
under the authority of this chapter.
Any dog that has bitten or attacked any person or has attempted
to bite or attack any person. Any dog with a known propensity, tendency
or disposition to attack, to cause injury to, or to otherwise threaten
the safety of domestic animals. Any dog whether leashed or not which,
in a vicious manner, approaches any person in an apparent attitude
of attack upon the streets, sidewalks or any public grounds or places.
One pack or collection of dogs on a single premises, whether
maintained for breeding, boarding, sale, training, holding or other
purpose, and including any shop where dogs are on sale, and also including
every pack or collection of more than three dogs six months old or
over owned or kept by a person on a single premises irrespective of
the purposes from which they are maintained.
A device placed around the mouth of a dog so as not to injure
the dog but to 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
harbored if it is fed or sheltered for 11 consecutive days or more.
Any dog that is impounded or its owners cited for allowing
a dog to run off leash two or more times in a twelve-month period
or any dog that acts in a highly aggressive manner when unprovoked.
Vocalization or barking without more aggressive behavior shall not
cause a dog to be deemed of a highly aggressive manner. Determination
that a dog is potentially dangerous under this section shall be in
the discretion of the Animal Control Officer and the Animal Control
Officer shall notify the owner of any such determination.
Any leash, lead or other physical restraint.
Access by a dog at all times to an enclosed dog house, enclosed
porch or garage.
[Ord. of 3-14-2006]
Every dog six months old or over in the City of North Adams
must be duly licensed.
The time between January 1 and the following December 31 shall
be the license period, both dates inclusive. If a dog is moved into
the City after January 1 the owner shall have 30 days to license such
dog.
Such dogs shall have a current rabies vaccination at time of
licensing. The owner of said dog(s) must provide either a veterinarian's
certification that such dog has been vaccinated in accordance with
the provisions of section 145B, or has been certified exempt from
such provisions as hereinafter provided, or a notarized letter from
a veterinarian that a certification was issued or a metal rabies tag
bearing an expiration date indicating that such certification is still
in effect.
(a)
The license fee for a dog that has not been spayed or neutered shall
be $20.
(b)
The license fee for a dog that has been spayed or neutered shall
be $8. A registered veterinarian's certification or reasonable facsimile
of same as proof of spaying or neutering shall be presented at the
time of licensing.
(c)
The fee for replacement of a lost dog tag shall be $5 each.
(d)
Late fee for licensing a dog after May 1, $5.
(e)
No license fee shall be charged for any dog used by a public agency,
police dogs, search and rescue dogs and drug-sniffing dogs.
(f)
A copy of these regulations shall be made available with every license
sold in the City.
(g)
All outstanding, dog-related, fines must be paid before a license
will be issued.
(h)
No license fee or part thereof shall be refunded because of subsequent
death, loss, spaying or removal from the City or other disposal of
the dog.
(i)
All fees collected by the office of the City Clerk under provisions
of this chapter shall be paid into the treasury of the City monthly
on forms approved by the Mayor.
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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 chapter.
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[Ord. of 3-14-2006]
Any owner or keeper of a dog shall not suffer or allow it to
run at large, loose, or unattended in any street or public place within
the City or upon the premises of anyone other than the owner or keeper,
unless the owner or occupant of such premises grants permission therefor.
Any dog found in violation of the previous paragraph may be
seized by the Animal Control Officer or any duly appointed officer
or representative of the City and confined and impounded in the City
pound or it may be placed in the care of a kennel duly licensed therefore
or a domestic charitable corporation incorporated exclusively for
the purpose of protecting animals from cruelty, neglect or abuse.
Any dog so found at large, loose, or unattended that cannot
be safely seized may be destroyed by the Animal Control Officer or
any duly appointed officer or representative of the City.
[Ord. of 3-14-2006]
The owner or keeper of any dog who intentionally allows any such dog to cause a nuisance by barking, howling or otherwise in a habitual, consistent or persistent manner that disrupts the peace of the neighborhood or is an annoyance to any seriously ill person residing in the vicinity shall be deemed a public nuisance and shall be governed by the provisions of Chapter 29.
A member of the public may make a complaint in writing to the
Public Safety Commissioner or his designee that an investigation be
conducted to order a restraint or disposal of a dog under provisions
of MGL. c. 140 s. 157.
[Ord. of 3-14-2006]
Every kennel in operation in the City of North Adams must be
duly licensed. Persons seeking a license renewal must present their
previous license, or others must present certification from the Building
Inspector showing that all applicable requirements have been met.
The fee for each license for a kennel shall be as follows:
[Ord. of 3-14-2006]
All unspayed female dogs must be confined or physically restrained
while in estrus.
[Ord. of 3-14-2006]
(a)
The Animal Control Officer or police officer or representative of
the City may cause a dog to be impounded for any one of the following
reasons:
(1)
If found without a license when a license is required.
(3)
For having bitten, injured or physically molested any person.
(4)
If a dangerous, potentially dangerous dog, or any dog bites or attacks
a person or other domestic animal the dog may be impounded and quarantined
for the proper length of time for rabies observation.
(5)
Where, in the officer's opinion, a medical emergency exists or where
the dog is living in unsanitary, unsafe or abusive conditions, the
Animal Control Officer may take the dog to a veterinarian for treatment
or have the veterinarian inspect the dog at the owner's property.
Any owner or keeper of a dog who is found to be in violation of this
section shall be responsible for the payment of the veterinarian's
fee.
(b)
Not later than three days after the impounding of any dog, the Animal
Control Officer shall notify the owner or keeper. If the owner or
keeper of the dog is unknown or, after reasonable efforts, is not
contacted, written notice shall be posted for 10 consecutive days
in the location for the posting of public notices in the City Hall,
which notice shall describe the dog and the place and time of taking.
Dogs impounded and unclaimed by the owner or keeper after such ten-day
period shall be disposed of in accordance with the provisions of MGL
c. 140, s. 151A. Any person who owns or keeps a dog and who has received
such notice that the dog has been impounded by the Animal Control
Officer and does not within 10 days claim said dog at the City pound
shall pay a fine of $100 to cover the board and disposal of such dog.
The owner or keeper shall be described as a person who has in his
or her possession, for 11 consecutive days in any calendar year, a
dog, licensed or unlicensed, and cannot show to the satisfaction of
the Animal Control Officer that such dog was sold, killed, given away
or otherwise disposed of. If such dog is claimed within 10 days, said
owner or keeper will pay a fine of $20 per day for each day such dog
is housed at the City pound. All pound fees, veterinarian fees, fines
and notification cost, if any, must be paid before the dog is released.
(c)
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 c. 140
unless otherwise provided by this chapter. 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 shall not
be turned over to a medical or research center for the purpose of
experimentation. It is the intent that all costs, including medical
care, associated with the impoundment of a dog for any reason in accordance
with this chapter and Massachusetts General Law be the sole responsibility
of the owner of the dog.
[Ord. of 3-14-2006]
(a)
To consider declaring a dog or other animal dangerous or potentially
dangerous, the Animal Control Officer, or any police officer, or upon
a signed complaint by a member of the public, may request of the Public
Safety Commissioner or designee that an investigation to be conducted
to collect any evidence which can be used to determine whether or
not a dog should be declared dangerous or potentially dangerous. No
dog shall be declared dangerous or potentially dangerous if the threat,
injury or damage was sustained by a person committing a crime or was
provoked by a person abusing the dog or other animal.
(b)
If, after an investigation, the Public Safety Commissioner or designee
declares that the dog is either dangerous dog or potentially dangerous,
he shall notify the owner by certified mail, return receipt requested,
of such declaration and issue a restraining order against the dog
as authorized by MGL c. 140 s. 157.
(c)
The Public Safety Commissioner 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 dangerous or
potentially dangerous:
(1)
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 the owner's property.
(2)
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)
When not on the owner's property, the dog must be under actual physical
restraint and control by way of a leash and muzzle.
(4)
Enrollment and successful completion of a behavioral modification
training course from a qualified instructor.
(5)
Construction of a secure enclosure to house the dog while on the
owner's property.
(6)
Banish the dog from the City.
(7)
Euthanize the dog after the expiration of 10 days.
(d)
The owner of any dog declared dangerous shall post his or her property
with a sign which is clearly visible to the street that reads: "WARNING,
DANGEROUS DOG."
(e)
If a dog has been declared dangerous or potentially dangerous, notification
to the abutting and across-the-street property owners shall be made
at the expense of the owner.
(f)
Any owner or keeper of a dog that has been declared dangerous or
potentially dangerous shall not suffer or allow it to run at large,
loose, or unattended in any street or public place within the City
or upon the premises of anyone other than the owner or keeper, unless
the owner or occupant of such premises grants permission therefor.
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Any dog that has been declared dangerous or potentially dangerous
found in violation of the previous paragraph may be seized by the
Animal Control Officer or any duly appointed officer or representative
of the City and confined and impounded in the City pound or it may
be placed in the care of a kennel duly licensed therefor or a domestic
charitable corporation incorporated exclusively for the purpose of
protecting animals from cruelty, neglect or abuse.
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Any dog that has been declared dangerous or potentially dangerous
so found at large, loose, or unattended that cannot be safely seized
may be destroyed by the Animal Control Officer or any duly appointed
officer or representative of the City.
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[Ord. of 3-14-2006]
The owner or any person walking or in control of a dog outside
of the owner's or person's property shall not allow or permit such
dog to defecate upon any property, public or private, unless such
person shall remove all litter so deposited by such dog and dispose
of same in a sanitary manner before leaving the immediate premises.
The provision of this section shall not apply to a guide dog accompanying
any blind person.
[Ord. of 3-14-2006]
Fines and collection of fines for violations of this chapter shall be governed by the provisions of Chapter 29 of the Revised Ordinances of the City of North Adams.
[Ord. of 3-14-2006]
In the event that any portion of this chapter is declared null
and void by a court of competent jurisdiction, such invalidity shall
not affect any remaining portions.
[Ord. of 3-23-2021]
(a)
Definitions.
(1)
"Pet shop" means a brick-and-mortar retail establishment where
dogs, cats, or rabbits are sold, exchanged, bartered or offered for
sale as pet animals to the general public at retail. The following
entities shall not be considered a "pet shop" for purposes of this
section: (1) a public animal control agency or shelter; (2) an animal
rescue organization; or (3) a person who sells or otherwise transfers
the offspring of animals the person owns and has bred on their residential
premise.
(2)
"Sell" means to exchange for consideration, adopt out, barter,
auction, trade, lease, or otherwise transfer animals.
(3)
"Offer for sale" means to advertise or otherwise proffer a dog,
cat, or rabbit for acceptance by another person.
(4)
"Public animal control agency or shelter" means a facility operated
by any locality, for the purpose of impounding seized, stray, homeless,
abandoned, unwanted, or surrendered animals, or a facility operated
for the same purposes under a written contract with the City or any
other locality.
(5)
"Animal rescue organization" means a not-for-profit organization
that has tax-exempt status under Section 501(c)(3) of the United States
Internal Revenue Code, and registered with the Massachusetts Department
of Agricultural Resources, if required, whose mission and practice
is, in whole or in significant part, the rescue and placement of dogs
or cats into permanent homes, and that does not breed animals nor
obtain animal in exchange for payment or compensation from any person
that breeds or brokers animals.
(6)
"Person" means an individual, corporation, partnership, association,
or any other legal entity.
(7)
"Dog" means any member of the species Canis familiaris.
(8)
"Cat" means any member of the species Felis catus.
(9)
"Rabbit" means any member of the species Oryctolagus cuniculus
domesticus.
(b)
Sale of dogs, cats or rabbits prohibited.
(1)
It shall be unlawful for a pet shop to sell or offer for sale
a dog, cat, or rabbit.
(2)
A pet shop may provide space for the display of dogs, cats or
rabbits available for adoption only if:
(i)
Such animals are displayed and made available for adoption by
either: a public animal control agency or shelter or an animal rescue
organization, as defined, and
(ii)
Each pet shop shall maintain records sufficient to document
the source of each dog, cat, or rabbit the pet shop displays, for
at least one year following the date of acquisition. Such records
shall be made available, immediately upon request, to any animal control
officer or any duly appointed officer or representative of the city.
(3)
No person shall sell, exchange, trade, barter, lease, or display
for a commercial purpose any dog, cat, or rabbit on or in any street,
public grounds, commercial or retail parking lot, flea market, or
other market, regardless of whether such access is authorized by the
property owner, except for a dog, cat, or rabbit displayed:
(c)
Penalties.
(1)
In addition to any other remedy provided by law, this Chapter
may be enforced by police officers and animal control officers through
any means available in law or equity, including but not limited to
noncriminal disposition in accordance with G.L. c. 40, § 21D.
Any pet shop that makes a sale or offer for sale of a dog, cat, or
rabbit in violation of subsection (b)(1) shall be fined $300. Each
unlawful sale or offer for sale shall constitute a separate violation.
(2)
In addition to any other penalty provided by law, a pet shop
that makes a provision of space knowingly and in violation of subsection
(c)(2) shall be fined $300. Each unlawful provision of space shall
constitute a separate violation.
(d)
Effective date. The provisions of these section shall be effective
thirty days after passage.
