[HISTORY: Adopted by the Special Town Meeting 11-12-1974 by Art. 2
as Art. XI, Sec. B, of the 1975 Bylaws. Amendments noted where applicable.]
As used in this chapter, unless the context
shall otherwise require, the following terms shall have the meanings
indicated:
All animals of canine species, regardless of sex.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog, as herein defined.
Any dog shall be deemed a "public nuisance" when attacking
persons or domestic animals or deer while said dog is on property
other than that of the dog owner and when destroying property; and,
after a hearing by the Select Board, said dog may be deemed a "public
nuisance" when it is persistently and prolongedly barking or howling
between the hours of 10:00 p.m. and 7:00 a.m. for more than two consecutive
days. Each twenty-four-hour period thereafter shall constitute a separate
violation. Further, any unspayed female dog, while in season, shall
be deemed a "public nuisance" when not confined indoors by the owner
thereof or housed in a veterinary hospital or registered kennel.
[Amended 11-16-2021 STM by Art. 4]
No owner or keeper or any dog shall permit such
dog, whether licensed or unlicensed, to become a public nuisance within
the Town of Westminster.
A.
It shall be the duty of the Dog Officer to apprehend
any dog found to be a public nuisance or running at large within the
Town and to impound such dog in a suitable place or to order the owner
thereof to restrain said dog.
[Amended ATM 5-4-2002 by Art. 44]
B.
If such dog is so impounded and has upon it the name
or address of the owner thereof, or if the name of said owner is otherwise
known, then the Dog Officer shall immediately notify the owner of
such impounding. The owner of any dog so impounded may reclaim such
dog upon the payment of an impoundment fee of $25 in addition to the
sum of $5, or such greater sum as may be permitted by law, for each
day or part thereof that the dog is impounded; provided, however,
that if the dog is not licensed, before release to any person, a license
as required by law shall be secured.
[Amended ATM 5-4-2002 by Art. 44]
C.
Any dog which has been impounded and has not been
redeemed by the owner within 10 days shall be disposed of as provided
by MGL c. 140, § 152, and any amendments thereto; or released
to any state-licensed school of medicine, dentistry or veterinary
medicine or research foundation for such use as deemed useful or necessary
for advancement of biological sciences.
[Amended ATM 4-4-1981 by Art. 25; ATM 6-5-1993 by Art. 28; STM 10-12-1999 by Art. 26;
ATM 5-4-2002 by Art. 44]
A.
The owner or keeper of any dog shall license such
animal in accordance with the provisions of MGL c. 140, §§
137 through 139, inclusive, except that fees for such licenses shall
be as follows:
B.
All owners or keepers of dogs kept in the Town of
Westminster who by the 15th of April of each year have not licensed
any dog or dogs who have attained the age of three months shall be
required to pay an additional fee of $15.
Any person having a trained attack dog on his
property shall post at least one sign, in public view, attesting to
this fact, and such animal shall be kept in a 10-gauge wire enclosure,
roofed and floored, with padlocked gate.
No person shall operate a kennel for the keeping
of four or more dogs without the approval of the Dog Officer and a
permit from the Board of Health.
[Amended 5-1-2021 ATM by Art. 17]
Any person, before procuring a wild or dangerous
pet, must first obtain a permit from the Select Board and the Board
of Health.
[Amended 11-16-2021 STM by Art. 4]
The Select Board shall, at such time as they
may deem necessary, impose a restraining order on all dogs within
the Town of Westminster.
No dog shall be allowed to travel unleashed
and unrestrained on any school property. Any owner of any dog violating
any provisions of this section shall be fined not more than $20 for
each offense.
No person shall pasture any animal upon any
street or way in the Town, with or without a keeper, except within
the limits of such way adjoining his own premises, and on the same
side of the street therewith.
A.
No person shall permit any swine, horse, cow or other
cattle to go at large in any street in this Town.
B.
Any person owning, keeping or being responsible for
a dog shall not allow or permit said dog to run at large on any of
the streets or public places in the Town of Westminster or upon any
private property, unless the owner or lawful occupant of such property
grants permission therefor. No dog shall be allowed or permitted in
any public place or street within the Town unless it is effectively
restrained and controlled by a chain or other form of leash that is
sufficient to hold the dog (or unless it is under the immediate and
effective voice control of its owner or other handler) or unless it
is within and confined to a motor vehicle.
[Added ATM 5-1-2004 by Art. 43]
A.
Massachusetts General Law Chapter 111 provides for
the licensing of suitable persons to keep a stable and are designed
to protect the health and comfort of the community.
B.
The Board of Health may make regulations as to the
size and character of stalls, cages or pens, bedding, number of animals
feeding and the storage and handling of feed and manure in any stable
or place in Westminster.
[Amended 11-16-2021 STM by Art. 4]
Continued or repeated reports of animals causing
a disturbance, improper fencing, hazardous and unsanitary conditions,
mishandling and violation of other laws and regulations relating to
animals create questions as to the suitability of the keeper of such
animals. After a joint hearing by Select Board and the Board of Health
giving due consideration to the situation and the recommendations
of those concerned, including all Town officials involved, the Select
Board and or the Board of Health may decide the keeping of such an
animal or animals to be a public nuisance to be abated by the owner
as provided in the General Laws.
[Added ATM 4-4-1981 by Art. 25]
A.
Penalties. Notwithstanding any provisions of the General Laws to the contrary, any dog officer who takes cognizance of a violation of § 71-8 above; failure to license dogs pursuant to MGL c. 140, § 137, and § 71-4 of this chapter; failure to acquire kennel license pursuant to MGL c. 140, § 137A; and/or failure to vaccinate against rabies pursuant to MGL c. 140, § 145B, may issue or mail a notice of complaint of violation of the Municipal Dog Control Law to the owner or keeper of such dog or dogs, and if the owner or keeper of such dog or dogs is a minor, the parent or guardian of such minor shall be liable for any violation of this chapter.
B.
Any owner or keeper found in violation of the above-mentioned
procedure shall be subject to a fine of $10. If the owner or keeper
of a dog or dogs is a minor, the parent or guardian of such minor
shall be held liable for any violation of this chapter.
C.
The procedure set forth above shall also include the
provisions of Paragraphs 2 through 4 of MGL c. 140, § 173A,
as amended.
