[HISTORY: Adopted by the Town Meeting as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1988 ATM, Art. 98, as Sec. 160.1 of the General
Bylaws]
[Added 5-13-2019 ATM by Art. 19[1]]
All dogs shall be duly licensed as required by law on or before
August 1 of every calendar year.
No person shall permit a dog owned or kept by
him beyond the confines of the property of the owner or keeper unless
the dog is held firmly on a leash. The length of a leash shall not
exceed six feet when off the property of the owner or keeper. An owner
or keeper may use a leash of a greater length to restrain a dog on
the property of an owner or keeper, provided the dog is securely confined
to the premises of the owner or keeper. This does not apply to working
dogs.
[Amended 5-12-2008 ATM, Art. 11]
A.
No person shall own or keep with the Town any dog
which by biting, barking, howling or in any other manner disturbs
the peace and quiet of any neighborhood or endangers the safety of
any person or domesticated or farm animal.
B.
No person owning or having the care, custody or control
of any dog shall permit such dog to deposit fecal matter, soil, defile
or commit any nuisance upon any sidewalk, street, thoroughfare, 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 such waste and
disposes of it in a sanitary manner. This section shall not apply
to physically handicapped persons in sole custody or control of said
dog. Violations for this section may be enforced by the Animal Control
Officers, Webster Health Department or the Webster Police Department.
[Amended 6-29-1989 ATM, Art. 20]
The animal control officer is hereby authorized to seek a complaint against the owner or keeper of a dog who is found to have violated the provisions of §§ 313-1 and 313-2 of this bylaw for which the penalties in Chapter 85, Enforcement; Noncriminal Disposition, of the Code of the Town of Webster shall be imposed.
A.
In addition to the foregoing penalties, the animal
control officer is authorized and empowered to muzzle, restrain or
order the owner or keeper of a dog to muzzle or retrain a dog pending
a hearing before the Board of Selectmen as herein provided when the
animal control officer finds that a dog has:
B.
The owner or keeper of any dog that has been ordered
to be restrained or muzzled under the provision of this Chapter may
request the animal control officer, in writing, to vacate such order.
If such order is not vacated, the owner or keeper of such dog may
bring a petition in the district court within the judicial District
of Worcester County praying that the order or restraint may be reviewed
by the Court as provided in MGL c. 140, § 157, as amended.
In addition to any other statutory authority
contained in MGL c. 140, the animal control officer may, with the
approval of the Board of Selectmen, enter a complaint before the Board
of Selectmen for the purpose of obtaining an order with respect to
the control or disposition of a dog found to be uncontrollable or
whose owner or keeper is unresponsive to any other penalties contained
in this bylaw.
[Amended 6-29-1989 ATM, Art. 20]
In addition to the requirement that a dog shall
be duly licensed as required by law, the owner of a dog which is not
licensed on or before April 30th in any year shall be subject to a
fine as set in Chapter 85, Enforcement; Noncriminal Disposition, of
the Code of the Town of Webster in addition to the license fee upon
the complaint of the animal control officer. The owner of any unspayed
and unleashed female dog found by the animal control officer roaming
at large in season (heat) off the premises of the owner or keeper
shall be subject to a fine as set in Chapter 85, Enforcement; Noncriminal
Disposition, of the Code of the Town of Webster and shall be deemed
to only the one penalty.
[Amended 5-13-2019 ATM by Art. 19]
A.
Any animal picked up by animal control is subject to a twenty-dollar
($20) pickup fee. Pound fees will be incurred at a rate of ten dollars
($10) per day. Owner may reclaim dog or cat by reimbursing the animal
control officer for expenses, fines, fees, and charges per MGL c.
140, § 151A(a) by money order or bank check in the full
amount of expenses, fines, fees and charges incurred by animal control
made payable to Town of Webster Animal Control. Proper documentation
of current rabies vaccination and proof of current licensing are required
prior to release of impounded animal. Any animal not vaccinated for
rabies as required by MGL c. 140, §§ 140, 137, and
145B shall be vaccinated for rabies at the owner's expense by
a licensed vet arranged for by the animal control officer/animal inspector
and if not licensed, shall be licensed prior to release.
B.
Any animal requested to be picked up by animal control by police
department or other first responder for the animal's temporary
safety and well being, will be held for seven days at the animal shelter.
The owner/keeper shall be responsible for making arrangements to reclaim
the animal within seven days of the animal's arrival at the shelter
unless other arrangements are made with animal control.
C.
Any animal not reclaimed by an owner/keeper within seven days of
being taken into possession by animal control shall be deemed to be
abandoned and subject to be vetted, spayed or neutered, and placed
up for adoption. If the animal is deemed to be unadoptable due to
behavioral issues, animal control reserves the right to euthanize
the animal. The animal may be transferred to another shelter or rescue
for adoption.
[Added 5-13-2019 ATM
by Art. 19]
A.
All dogs and cats owned by a resident of the Town of Webster shall
be properly vaccinated in accordance with MGL c. 145B. Unvaccinated
dogs and cats acquired or moved into the Town of Webster shall be
vaccinated within 30 days or upon reaching the age of six months,
whichever comes first.
B.
Those dog owners found in violation of the rabies requirement of
MGL c. 140, § 145(B), shall, at the owner's expense,
have their dogs properly vaccinated by a licensed veterinarian within
10 days of said violations and will receive a fine of twenty-five
dollars ($25) for first offense.
C.
Any animal that is quarantined and requires vaccination shall be
vaccinated at the owner's expense. Notification of such vaccination
shall be sent to the Animal Inspector within 10 days of said vaccination.
D.
Any dog or cat that is under quarantine for biting or scratching
a person or another animal, shall be quarantined for the required
period of time set forth by the Animal Inspector and/or Massachusetts
Department of Agriculture at the owner's home unless the animal
is deemed to be unvaccinated at which time the dog or cat would be
required to be humanely euthanized and tested for rabies, or confined
in an approved, adequate boarding facility for a period of not less
than 10 days. An animal is deemed to be unvaccinated if the animal
never received a vaccination for rabies.
E.
Any veterinarian bills incurred for vaccinating or preparing any
animal for rabies testing shall be at the owner's expense.
F.
Any owner or keeper moving an animal subject to quarantine shall
notify the Animal Inspector and Board of Health Director in writing
prior to the animal being moved, subject to approval. The names, address,
and phone number(s) as to where the animal is being moved to must
be identified in the written notification.
G.
Any owner or keeper of any animal in The Town of Webster who has
received a written notice of quarantine and does not comply with said
order, or if the quarantined animal is found outside the approved
enclosure of its owner or keeper and not under his/her immediate control
and/or care, shall be subject to an immediate order to be euthanized
or ordered to be housed at an approved boarding facility at the owner
or keeper's expense.
[Added 5-13-2019 ATM
by Art. 19]
A.
Dogs found to be roaming at large will be subjected to be picked
up and transported to the animal control shelter for safe keeping
till owner can be contacted or owner presents, if unknown.
B.
Any animal found injured with no immediate known owner will be brought
for medical care as deemed necessary. If an owner becomes identified,
any and all necessary vet care expenses will be reimbursed to the
Town of Webster prior to release back to the owner along with any
and all other fines, fees, and charges.
C.
Any animal showing evidence of being abused, neglected, or abandoned
or an animal requiring vet care that is being denied by the owner/keeper
of said animal will be brought for medical care as deemed necessary.
If an owner becomes identified, any and all necessary vet care expenses
will be reimbursed to the Town of Webster prior to release back to
the owner along with any and all other fines, fees, and charges.
D.
Any dog found to be unvaccinated for rabies and/or unlicensed will
be vaccinated and/or licensed. If an owner becomes identified, any
and all expenses will be reimbursed to the Town of Webster prior to
release back to the owner along with any and all other fines, fees,
and charges.
E.
The Animal Control Officer will respond to any animal requested to
be picked up by the police department or other first responders to
ensure the temporary safety and well being of the animal due to circumstance
and situation that poses a threat to the animal's safety and
well being.
[Added 5-13-2019 ATM
by Art. 19]
A.
Any dog, except service or support dogs within the meaning of the
General Laws of the Commonwealth of Massachusetts, found in a posted
area restricting dogs from trespassing, will be subject to a fine.
This includes, but is not limited to, Memorial Beach and surrounding
area and Town owned public parks and property.
B.
No person owning or keeping a dog shall chain or tether a dog to
a stationary object, including but not limited to, a structure, dog
house, pole, or tree for longer than 24 consecutive hours. Owner/keeper
must abide by all other requirements and prohibitions as to restraint,
access to clean water, and appropriate shelter and other matters addressed
in MGL c. 140, § 174E. As specified in § 174E,
any person who violates same shall, for first offense, be issued a
written warning or punished by a fine of not more than fifty dollars
($50); for a second offense, be punished by a fine of not more than
one hundred dollars ($100) and for a third or subsequent offense,
to be punished by a fine of not more than three hundred dollars ($300)
and be subject to impoundment of the dog in a local shelter at the
owner's or keeper's expense pending compliance with this
section, or loss of ownership of the dog.
[Added 5-13-2019 ATM
by Art. 19]
A.
Any owner or keeper of more than three dogs must acquire a residential
kennel license and is subject to a yearly licensing fee of fifty dollars
($50).
B.
Commercial kennels must be fully licensed pursuant to the provisions
of Massachusetts General Laws Chapter 140 and subject to Webster Zoning
By-Laws at a yearly licensing fee of seventy-five dollars ($75).
C.
Each residential kennel and commercial kennel shall be available
by inspection by the Animal Control officer, Animal Inspector, Police
Officer, Board of Health Director or Massachusetts Department of Agriculture.
[Added 5-13-2019 ATM
by Art. 19]
Any owner or keeper found in violation of these bylaws shall
be subject to a fine according to the following schedule, unless the
fine for a violation is otherwise established by state law.
A.
First offense: twenty-five dollars ($25).
B.
Second offense: thirty-five dollars ($35).
C.
Third offense: fifty dollars ($50).
D.
Fourth offense: seventy-five dollars ($75).
E.
Fifth and each subsequent offense (within a calendar year): one hundred
dollars ($100).
F.
Failure to vaccinate for rabies: fifty dollars ($50).
G.
Failure to obtain dog license: fifty dollars ($50).
