[HISTORY: Adopted by the Town Meeting of
the Town of Eastham as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 26.
[Adopted 5-3-1982 ATM by Art. 7]
[Amended 5-3-2010 ATM by Art. 42]
It shall be illegal to have a dog, except a
Seeing Eye dog, a hearing ear dog, or a service dog, on any public
bathing beach within the Town of Eastham from June 15 through Labor
Day, except when specifically permitted by the Board of Selectmen.
[1]
Editor's Note: Former § 17-2, Violations and penalties,
was repealed 5-7-2018 ATM by Art. 27.
[Adopted 5-1-2006 ATM by Art. 33]
The purpose of animal control is to encourage
the safe, humane treatment of animals, to establish and foster responsible
animal ownership, to effectively control the spread of contagious
disease, and to maintain a safe environment for both animals and people.
The following words, for the purposes of this
bylaw of these bylaws shall, unless another meaning is clearly apparent
for the way in which the word is used, have the following meanings:
A structure that is large enough for the animal, whether
it be livestock or pet, to stand naturally, turn around and lie down
inside of the structure without being exposed to the elements of weather.
The roof and walls of the structure shall be waterproof and windproof.
Bedding must be kept dry and changed regularly to preserve insulating
qualities. During cold weather a moveable flap shall be placed over
the entrance to a dog shelter to preserve the dog's body heat. Adequate
shelter from sun may be provided by a tarpaulin placed in a manner
to provide deep shade and allow air to pass through for ventilation.
One or more Town employees assigned to perform the duties
outlined in this bylaw.
Any dog that has a verifiable record of (a) inflicting injury
on a human being without provocation; or (b) has killed a domestic
animal without provocation; or (c) any dog owned or harbored primarily,
or in part, for the purpose of fighting or any animal trained for
fighting.
Any poultry, ungulate, species of cattle, sheep, swine, goats,
llamas, equine, or other fur-bearing animal, which are raised for
commercial or subsistence purposes.
Any premises where between one and four dogs are owned, kept
or harbored for the purpose of breeding; provided, however, that no
more than four dogs 12 weeks of age or older may remain on the premises
at any time.
Any premises maintained for the boarding, breeding, grooming
or training of dogs, or where five or more dogs six months of age
or older are kept.
Any premises where four dogs over the age of six months are
owned, kept, harbored, or temporarily cared for.
The time between January 1 and the following December 31,
both dates inclusive.
Any person who, individually or jointly, owns or keeps an
animal within the Town of Eastham.
Any dog which, when unprovoked, chases or approaches a person
upon the public ways or on any public or private property, other than
the animal's own premises, in a menacing fashion or in an apparent
attitude of attack; or any dog with a known propensity, tendency,
or disposition to attack when unprovoked, to cause injury, or to otherwise
threaten the safety of human beings or domestic animals.
A.
The owner of a dog kept within the Town of Eastham
shall cause that dog to be licensed when it attains the age of six
months, and annually thereafter. Such license shall be in a form prescribed
by the Town Clerk.
B.
No license may be issued unless the owner of the dog
provides proof of rabies vaccination. Proof may be in the form of
a certificate or letter issued by a veterinarian stating the dog has
been vaccinated in accordance with the then current regulations of
the Massachusetts Department of Public Health. In the case of a neutered
or spayed dog, a letter or a certificate from a veterinarian, stating
that neutering or spaying has occurred, is required.
C.
A licensing form shall be provided by the Town Clerk,
which shall include the name of the owner or keeper of the dog, the
address in Eastham where the animal is kept, the name of the dog;
the age, the breed, color and any other identifying characteristics.
There shall be one form for each dog owned. The Town Clerk shall record
the license and issue a registration number and tag for each dog.
D.
The owner shall keep a copy of the dog license in
his or her residence in a readily accessible place. The dog shall
wear around its neck or body a collar or harness to which is securely
attached the tag issued for that animal.
E.
Substitute or replacement tags. In the case of lost,
defaced or destroyed tags, a substitute tag may be obtained from the
Town Clerk, for a fee set by the Board of Selectmen. The owner must
obtain the substitute tag within 10 working days of the loss or destruction
of the original.
F.
The owner of any dog shall provide proof of licensing
upon request of the Animal Control Officer, police officers, health
agents, Shellfish Constable, Harbormaster, or other Town officer or
employee designated by the Board of Selectmen.
G.
No dog license shall be issued to any person who has
been convicted of cruelty to animals as defined in MGL c. 272, § 77,
80A, 94 or 95.
H.
All dogs resident in the Town of Eastham shall be
licensed. The fee for each dog license shall be set by the Board of
Selectmen. No fee shall be charged for a dog specially trained to
lead or serve a blind, deaf, or handicapped person upon presentation
to the Town Clerk of a certificate of such training.
I.
No license fee or part thereof shall be refunded because
of subsequent death, loss, spaying, neutering, or removal from the
Town of Eastham or any other disposal of said dog.
A.
The owner of a dog six months of age or older housed
or kept within the Town of Eastham shall cause such dog to be vaccinated
against rabies by a licensed veterinarian using a licensed vaccine
approved by the Massachusetts Department of Public Health. Any unvaccinated
dog acquired or moved into the Town shall be vaccinated within 30
days after the acquisition or arrival into Eastham or upon reaching
the age of six months, whichever last occurs. The owner shall procure
a veterinarian's certification that such dog has been so vaccinated
and setting forth the date of such vaccination and the duration of
immunity, or a notarized letter from a 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 or keeper of
such dog to a collar of suitable material to be worn by the dog at
all times.
A.
The Town Clerk shall not issue a residential breeding
or commercial kennel license unless the owner or keeper provides the
Town Clerk with a veterinarian's certificate verifying that each dog
six months of age or older is currently vaccinated against rabies.
B.
Issuance of a breeding or commercial kennel license
shall be contingent upon inspection and approval by the Animal Control
Officer to ensure that basic standards of cleanliness and proper care
and confinement of said dogs exist on the premises. The name and address
of the owner of each dog kept in any kennel, if other than the person
maintaining the kennel, and a veterinarian's certificate verifying
that each dog six months of age or older is currently vaccinated against
rabies shall be kept on file thereat and available for inspection
by the Animal Control Officer or any authorized persons.
C.
All kennel fees shall be set by the Board of Selectmen.
The Town Clerk shall, upon application, issue without charge a commercial
kennel license to any domestic charitable corporation, incorporated
exclusively for the purpose of protecting animals from cruelty, neglect
or abuse, and for the relief of suffering among animals. A veterinary
hospital shall not be considered a kennel unless it contains an area
for the selling or boarding of dogs for other than medical purposes,
in which case it shall apply for a commercial kennel license. The
license period for a kennel license shall be from January 1 to December
31, inclusive.
D.
The Animal Control Officer, police officer, health
agent or any agent authorized by the Town may at any time inspect
any kennel or premises for which a commercial breeding or residential
kennel license has been issued.
E.
If the Animal Control Officer, or other authorized
agent, after inspection, determines that the kennel or premises that
are the subject of a kennel license are not kept in a sanitary or
humane condition, or if records are not kept as required by law, the
Selectmen may, by order after hearing, revoke or suspend such license.
If a license has been revoked or suspended, the license may be reinstated
after inspection, only following a public hearing before the Board
of Selectmen and upon its determination that reissuance of said license
shall result in compliance with all applicable requirements of this
bylaw and the General Laws of the Commonwealth of Massachusetts.
Any person owning, keeping, or otherwise responsible
for any animal, whether companion, pet, farm animal or livestock,
who confines that animal by tethering, fencing, or other means, and
such confinement exposes the animal to the elements for an unreasonable
amount of time depending on conditions, shall provide the animal access
to adequate shelter from the elements of weather such as rain, cold,
or sun. Potable water must be available to the animal at all times.
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 Eastham or upon any private
property, unless the owner or lawful occupant of such property grants
permission therefor.
B.
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 a handler, or unless it is within and confined to
a motor vehicle.
C.
All dog owners, keepers or persons having control
of a dog are responsible for immediately removing and disposing of,
in a sanitary manner, all solid wastes produced by said dog on any
property, other than the property of the dog owner. There shall be
a zero tolerance policy towards the nonremoval of solid dog waste;
no written warning shall be given.
[Amended 5-3-2010 ATM by Art. 42; 5-7-2018 ATM by Art. 27]
No person owning, keeping, or otherwise responsible
for a dog or other animal shall allow or permit said animal to annoy
another person's reasonable right to peace or privacy by making loud
or continuing noise, where such noise is plainly audible at a distance
of 100 feet from the building, premises, vehicle, or other means of
conveyance or housing of said dog, or where such noise is continuing
for 15 minutes. The fact that such noise is plainly audible at said
distance or continuing in excess of 15 minutes shall be prima facie
evidence of a violation. This section shall also apply to commercial
kennels, except that noise continuing for 15 minutes or more, is limited
between the hours of 7:00 p.m. and 7:00 a.m.
A.
Dangerous, vicious or potentially dangerous dog; barking
or other nuisance. If any person shall make complaint in writing to
the Police Department or the Board of Selectmen that any dog owned
or harbored within the Town is a nuisance by reason of dangerous or
vicious disposition or by excessive barking or other disturbance,
or that any such dog by such barking or other disturbance is a source
of annoyance to any person residing in the Town, or that any kennel
is a source of annoyance or nuisance, the Selectmen shall investigate
or cause to be investigated such complaint. The Selectmen may conduct
a hearing within 21 days of the complaint, and if so shall give written
notice to the owner or keeper of the dog, the complaining party, and
any other person as the Selectmen shall determine, of a public hearing
to be held within 14 days of such notice. Said notice shall also be
posted with the Town Clerk at least 48 hours prior to such hearing.
The hearing shall include an examination on oath of the complaining
party and such other parties as the Board of Selectmen shall deem
appropriate. Within 14 days after such public hearing, said Selectmen
shall make such order concerning the restraint or disposal of such
dangerous or vicious dog as may be deemed necessary and in the public
interest, and may fine the owner of any barking or nuisance dog up
to $300 per occurrence.
[Amended 5-7-2007 ATM by Art. 37]
B.
Nuisance or unsafe kennel. If any person(s) shall
make complaint in writing to the Police Department or the Board of
Selectmen that any kennel constitutes a nuisance due to noise, unsafe
conditions or otherwise, Selectmen shall investigate or cause to be
investigated such complaint. The Selectmen may conduct a hearing within
21 days of the complaint and if so shall give written notice to the
owner or keeper of the kennel, the complaining party, and any other
person as the Selectmen shall determine, of a public hearing to be
held within 14 days of such notice. Said notice shall also be posted
with the Town Clerk at least 48 hours prior to such hearing. The hearing
shall include an examination on oath of the complaining party and
such other parties as the Board of Selectmen shall deem appropriate.
Within 14 days after such public hearing, said Selectmen shall make
such order concerning the mitigation or discontinuance of such offending
kennel or such other action as may be deemed necessary and in the
public interest.
A.
It shall be the duty of the Animal Control Officer,
and any assistant Animal Control Officer appointed by the Board of
Selectmen, to apprehend any dog found running at large and to impound
such dog in an appropriate boarding or other facility.
B.
The Animal Control Officer or other impounding officer
shall keep a register and make a complete record of each impoundment.
The record shall contain the following information:
C.
The owner of an impounded dog, when known, shall be
notified verbally or in writing of such impoundment or, if the owner
is unknown, written notice shall be posted with the Police Department.
Notice shall contain a description of the dog, date and place of apprehension,
and location where the dog is being kept.
D.
The owner, keeper, or other responsible person may
reclaim the dog so impounded upon payment of the license fee, if unpaid,
and the payment of fees and charges for impoundment and board at the
place of impoundment, together with any other costs of impoundment.
[Amended 5-6-2013 ATM
by Art. 27; 5-7-2018 ATM by Art.
27]
A.
The Animal
Control Officer or any police officer of the Town shall be empowered
to enforce provisions of this Bylaw.
B.
In addition
to the remedies set forth in this bylaw and in MGL c. 140, §§
136A to 174E, inclusive, including but not limited to MGL c. 140,
§ 157A, or any other applicable provision of law, this chapter
may be enforced through any lawful means in law or in equity, including,
but not limited to, noncriminal disposition pursuant to MGL c. 40,
§ 21D. If noncriminal disposition is elected, then any person
who violates any provision of this chapter shall be subject to the
following penalties:
C.
Each day
or portion thereof shall constitute a separate offense. If more than
one, each condition violated shall constitute a separate offense.
A separate offense is not limited to an offense within a calendar
year from the first offense.
D.
The Town
may enforce this chapter or enjoin violations thereof through any
lawful process, and the election of one remedy shall not preclude
enforcement through any other lawful means.
