WOBURN MUNICIPAL CODES TITLE 6
ANIMALS
Articles
and Sections:
6-1
Reference to Massachusetts General Laws.
6-2
Definitions.
6-3
Registration and Licenses.
6-4
Kennel License.
6-5
License Fees.
6-6 Dog
Officer (Animal Control Officer).
6-7
Leash Law.
6-8
Confinement Etc., of Dogs.
6-9
Disposition of Dogs.
6-10
Emergency Treatment.
6-11
Damage Caused by Dogs.
6-12
Liability for Damages.
6-13
Rewards.
6-14
Ordering Dogs to Be Muzzled or Restrained.
6-15
Violations.
6-16
Informal Disposition.
6-17
Non-criminal Disposition of Violation.
6-18
Penalty.
6-19
Dog Fund.
6-20
Anti-Rabic Vaccine and Treatment.
6-21
Dog Listings.
6-22
Dangerous or Vicious Dogs.
6-23
Animal Waste.
6-24
Sterilization.
6-25
Dogs Prohibited on School Premises.
6-26
Barking Dogs.
6-27
Massachusetts General Laws Incorporate into this Article.
6-28
Severability.
6-29
Proof of Death.
II.
MISCELLANEOUS ANIMAL REGULATIONS
6-30
Cattle or other animals at large.
6-31
Horses and other animals tied to trees, etc.
6-32
Feeding and baiting of migratory waterfowl.
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6-1
I.
REGULATION OF DOGS
6-1
Reference to Massachusetts General Laws
6-2
Definitions
Any
reference to a "Section Number" in this Article shall mean Chapter
140 of the
Massachusetts
General Laws, as amended unless otherwise stated.
Unless
otherwise set out in this Article, any term defined in Section 136A, shall have
the
same meaning in this Article, and shall be expressly incorporated herein.
ARTICLE
- Article shall mean Article I of Title 6 of the Code unless otherwise stated.
DOG -
Dog shall mean all animals of the canine species, both male and female.
DOG
FUND – See Section 6-19 herein.
DOG
OFFICER - Dog Officer as used in this Article shall mean the Animal Control
Officer
in the City of Woburn.
AT
LARGE - At Large shall mean off the promises of the owner, and not under the
control
of the owner or authorized escort either by leash, cord, or chain. Any animal
found
to be outside of its natural habitat and not under owner's control, shall be
deemed
to be at large.
DANGEROUS
OR VICIOUS DOG - Dangerous or vicious dog means:
(1) Any
dog which, according to the records of the appropriate authority, has
attacked,
bitten or inflicted severe injury on a human being without provocation on
public
or private property.
(2) Any
dog which, according to the records of the appropriate authority, has killed a
domestic
animal without provocation while off the owner's property.
(3) Any
dog owned or harbored on property known for drug trafficking or gang
activity.
(4) Any
dog which when unprovoked, chases or approaches a person upon the
streets,
sidewalks, or any public or private property in a menacing fashion or
apparent
attitude of attack.
(5) Any
dog with known propensity, tendency, or disposition according to the records
6-2
of the
appropriate authority to attack unprovoked, to cause injury, or to otherwise
threaten
the safety of human beings or domestic animals.
UNTAGGED
ANIMALS - An animal is considered to be untagged if a current valid
license
tag is not attached to a collar which is kept on the animal.
KENNEL
- Kennel means any premises wherein any peerson, partnership or
corporation
engages in the business of boarding, breeding, buying, selling for hire,
training
for a fee, selling dogs, or engages in training dogs for guard or sentry
purposes,
or, every pack or collection of more than three dogs three months old or
over
owned or kept on a single premises irrespective of the purpose for which they
are
maintained.
LICENSING
AUTHORITY - The City Clerk is the licensing authority for the City of
Woburn.
OWNER -
Any person, or persons, firm, partnership, or corporation owning, keeping,
possessing,
controlling, or harboring one or more animals.
NUISANCE
ANIMAL - Any animal which:
(1)
Molests passersby or passing vehicles, including bicycles.
(2)
Attacks other animals.
(3)
Trespasses on school grounds.
(4) Is
at large in violation of this Ordinance.
(5)
Damages private or public properly.
(6)
Barks, whines, or howls and disturbs the peace and tranquility of an area as
provided
in Section 6-27.
RESTRAINT
- A leash not more than six feet long, or a fenced-in area or pen as
provided
in this Title.
DANGEROUS
OR VICIOUS ANIMAL - Dangerous of Vicious Animal shall mean any
animal
that may be at large and/or with the same or similar dangerous or vicious
propensities
as a dangerous or vicious dog. Any provisions of this Article applicable
to a
dangerous or vicious dog shall also be applicable to a dangerous or vicious
animal.
6-3
DOG
TRAINED FOR FIGHTING - Dog trained for fighting shall mean a dog owned or
kept
primarily or in part, for the purpose of dog fighting or any dog trained for
dog
fighting.
LICENSE
PERIOD - The license period shall be from January 1st of each year to
December
31 of the same year. Renewal of licenses must be obtained by March 15th
of the
following year or a late fee shall be incurred.
PERSON
- Person shall be intended to mean any perrson or persons, or any firms,
associations,
or corporation.
6-3
Registration and Licenses
A. A
person who at the commencement of a license period is, or who during any
license
period becomes, the owner or keeper of a dog three months old or over
which
is not duly licensed, and the owner or keeper of a dog when it becomes
three
months old during a license period, shall cause it to be registered,
numbered,
described, and licensed until the end of such license period, and the
owner
or keeper of a dog so registered, numbered, described, and licensed during
any
license period, shall, before the beginning thereof, cause it to be registered,
numbered,
described, and licensed for such period. The registering, numbering,
describing,
and licensing of a dog shall be done in the office of the City Clerk on a
form
prescribed and supplied by him, and shall be subject to the condition
expressed
therein that the dog which is subject of the license shall be controlled
and
restrained from killing, chasing, or harassing live stock or fowls.
1. The
City Clerk shall not grant such license for any dog unless the owner thereof
provides
the City Clerk with 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 outlined in Section 137 or 137A, or a
notarized
letter from a veterinarian that a certificate was issued bearing an
expiration
date indicating that such certification is still in effect.
2. The
owner or keeper of a licensed dog shall cause it to wear around its neck or
body a
collar or harness of leather or other suitable material, to which shall be
securely
attached a tag in a form prescribed by and issued by the City Clerk
when a
license is issued. Such tag shall state the following: (a) City of
Woburn,
(b) Year of issue, and (c) Tag number. If any such tag shall be lost,
the
owner or keeper of such dog shall forthwith secure a substitute tag from the
City
Clerk at a cost of one dollar. This Section shall not apply where it is
otherwise
provided by law, nor shall it apply to a person having a kennel
license.
6-4
6-4
Kennel License
B. The
provision of Section 138 and 138A as amended shall be expressly
incorporated
herein and shall henceforth apply under this Article.
C. A
license duly recorded shall be valid throughout the Commonwealth, except that,
in the
case of the permanent moving of a dog into the City, the owner or keeper
thereof
shall, within thirty days after such moving, present the original license and
tag of
such dog to the City Clerk and said City Clerk shall take up the same and
issue
to said owner or keeper a transfer license, together with a tag, for such dog
upon
payment of one dollar. The provisions of this Article relative to the form and
furnishing
of licenses and tags shall apply to licenses and tags issued under this
paragraph.
A. Any
person maintaining a kennel shall have a kennel license.
B. Any
person who meets any requirement of the Municipal Code of City of Woburn,
and
Section 137A, upon application, approved inspection and filing of inspector’s
approval
in the Office of the City Clerk, may obtain a kennel license from the City
Clerk
on a form prescribed and supplied by him and for a fee as set out in Section
6-5 of
this Article. The City Clerk shall, upon application, approved inspection and
filing
of inspector’s approval in the Office of the City Clerk, issue without charge a
kennel
license to any domestic charitable corporation incorporated exclusively for
the
purpose of protecting animals from cruelty, neglect, or abuse for the relief of
suffering
among animals. Prior to the issuance of any kennel license, an
inspection
of the kennel premises shall be made by the Animal Control Officer and
the
Animal Health Inspector and notice of approval, if any, shall be filed by said
officer
in the Office of the City Clerk.
C. The
provisions of Section 137B as amended shall be expressly incorporated under
this
Article.
C. The
Chief of Police or Dog Officer may at any time inspect or cause to be
inspected
any kennel and if, in their or his judgment, the same is not being
maintained
in a sanitary and humane manner, or if records are not properly kept
as
required by law, shall file with the City Council a petition setting forth the
facts,
and the
City Council shall upon this petition, or upon a petition of twenty-five
citizens,
setting forth that they are aggrieved, or annoyed to an unreasonable
extent,
by one or more dogs at a kennel maintained in the City, because of
excessive
barking or vicious disposition of said dogs or other conditions connected
with such
kennel constituting a public nuisance, said City Council, within seven
days
after the filing of such petition, shall give notice to all parties in interest
of a
public
hearing to be held within fourteen days after the date of such notice. Within
seven
days after such public hearing said City Council shall make an order either
6-5
6-5
License Fees
revoking
or suspending such kennel license or otherwise regulating said kennel, or
dismissing
said petition. Within ten days after such order the holder of such
license
may bring a petition in the Woburn District Court, as outlined in Section
137C.
Any person maintaining a kennel after the license therefor has been so
revoked,
or while such license is so suspended, shall be punished by fine as set
forth
in Section 6-18 of this Article. The City Council may in the case of any
suspension
reinstate such license.
E. The
provision of Section 137D, as amended shall be expressly incorporated under
this
Article.
F. All
Kennels shall be limited to a total of twenty-five dogs to be maintained on
said
premises.
It shall be a violation of this Article to have any dogs on said premises
over
and above said number.
G.
Nothing in this Article shall change any requirements for kennels under the Zoning
Code of
the City of Woburn.
H. It
shall be the duty of the dog officer to apprehend the dog found to be in
violation
of this
Article and to impound such dog in a suitable place. However, the
dog
officer shall be strictly forbidden from impounding any dog in a residential
zone,
nor shall the dog officer impound a dog at a location in a non-residential
zone
unless said location is more than 1000 yards from an abutting residential
zone.”
I. Any
dog impounded shall cause the owner or keeper of such dog to pay a use fee
of ten
dollars per day of impoundment or the rate charged for impoundment in the
impounding
facility, whichever is greater, before redemption of such dog.
A. The
fee for every dog license shall be:
Ten
dollars for every spayed or neutered dog.
Fifteen
dollars for every unspayed or unneutered dog.
B.
Determination of licensing eligibility, dogs not required to be licensed, or
refunding
license
fees shall be determined as set out in Section 139.
C. The
fee for every kennel licenses shall be as follows:
Forty
dollars for every kennel license for 4 dogs or less.
6-6
Eighty
dollars for every kennel license for over four dogs but not over 10 dogs
One
hundred fifty dollars for every kennel license for over 10 dogs but not over 25
dogs.
D. All
fees shall be increased by five dollars on the first day of the second month
following
the required licensing period, as outlined in Section 6-2 of this Article,
and by
an additional five dollars on the first day of each succeeding month up to
June
30th each year.
E. In
addition to all other sums due and owing for any license fee hereunder, a
person
who applies for license hereunder shall be obligated to pay all prior amount
of
license fees determined to be due and owing by the City Clerk pursuant to this
Article,
for past periods in which said person was obligated to obtain license. It
shall
be a violation of this Article to fail to pay any said sum due hereunder and
this
remedy
shall be cumulative.
6-6 Dog
Officer (Animal Control Officer)
A. The
Mayor shall appoint a Dog Officer (Animal Control Officer) and as many
Assistant
Dog Officers as he determines necessary to enforce this Article and, said
individual(s)
shall enforce this Article and perform such other duties as the Mayor
may
determine. Compensation, hours, and conditions of employment for Dog
Officer(s)
under this Article shall be governed by the Code or applicable Collective
Bargaining
Agreement.
B. The
provisions of Section 151 and 151A regarding killing and/or transfer of any
dogs
shall apply and are expressly incorporated in this Article. No Dog Officer
shall
be a licensed animal dealer registered with the United States Department of
Agriculture,
and no Dog Officer, either privately or in the course of carrying out his
official
assignments as an agent for this City, shall give, sell, or turn over any
animal
which may come into his custody to any business or institution engaged as
a
research facility or animal dealer whether or not said facility or dealer is
registered
with the United States Department of Agriculture. Whoever violates the
provisions
of this paragraph shall be punished as provided in Section 151.
6-7
Leash Law
A. No
owner or keeper of any dog shall permit such dog to run at large at anytime.
The
provisions of this Section shall not be intended to apply to dogs participating
in any
dog show, nor to “seeing-eye” dogs properly trained to assist blind persons
for the
purpose of aiding them in going from place to place, nor to any dogs
properly
trained and under control and aiding the deaf, nor to any dogs being
6-7
trained
or actually being used for hunting purposes, nor to dogs under the direction
and
control of law enforcement officers.
B.
Nothing contained in the foregoing paragraph shall prevent the City Council
from
passing
any orders authorized by Massachusetts General Laws or by Section 167
at such
times as they shall deem it necessary to safeguard the public.
C.
Every owner or keeper of a dog shall exercise proper care and control of their
dog
so as
to prevent said dog from becoming a public nuisance. It shall be deemed a
public
nuisance if any dog should trespass upon public or private property and
deposit
feces thereon, unless said feces are immediately removed by the owner or
keeper
of said dog.
D. All
dogs shall be kept under restraint, as defined in this Article, including all
dogs
on any
public properties, including parks, playgrounds, or cemeteries.
E.
Every owner shall exercise proper care and control of his/her animals to
prevent
them
from becoming a nuisance animal.
F.
Every female dog in heat shall be confined in a building or secure enclosure in
such a
manner that such female dog cannot come into contact with another animal
except
for planned breeding.
G.
Every vicious and dangerous dog or dangerous or vicious animal shall be
confined
by the
owner within a building or secure enclosure, and shall be securely muzzled
or
caged whenever off the promises of its owner, as provided in Section 6-22 of
this
Article.
6-8
Confinement Etc., of Dogs
A. The
Dog Officer shall seek out, catch, and confine all dogs within the City that
have
not been licensed within 60 days of the time the dog is required to be
licensed
under this Article or by March 15th of each year for the renewal of a
license
due to be renewed by January 1st of that year; and shall seek out, catch,
and
confine for ten days maximum any dogs within the City that are found on
public
property, or on private property where said dog is trespassing and the
owner
or person in control of such property wants the dog removed, said dogs
being
in violation of this requirement of this Article; and shall seek out, catch,
and
confine
any dog within the City which dog was cited for a violation of any provision
of this
Article, and the owner or keeper has failed within twenty-one days to avail
himself
of Sections 6-16 or 6-17 of this Article, or within twenty-one days of a
determination
by the District Court that any sums are due for a violation, of this
Article
and has failed to pay said sums.
6-8
B. Any
owner or keeper of any dog who refuses to turn over any dog to the Dog
Officer
upon demand, any seeking out, catching, or confinement authorized in the
paragraph
above, shall be punished by a fine of one hundred dollars. Each day
that
said violation continues shall constitute a separate offense.
C. It
shall be the duty of the Animal Control Officer to apprehend and impound any
unlicensed
dogs. When the dog is impounded by the City, the owner reclaiming
the dog
shall be required to pay all fines and charges owned to the City before the
dog is
released in addition to impoundment fees actually incurred by the City
together
with a five percent processing fee on the amount of the impoundment
fees.
D. It
shall be the duty of the Animal Control Officer to apprehend any dangerous or
vicious
dogs running at large. Any dangerous or vicious dog found running at
large
shall be impounded and may be returned to its owner only upon proof of
registration
as a dangerous or vicious dog. The Animal Control Officer or any
Police
Officer may shoot a dog if the dog attacks the officer or approaches the
officer
in a menacing fashion so that the officer reasonably believes that the dog is
about
to attack.
E. In
any event, when a dog is impounded, the impounding authority shall give notice
to the
owners of the impoundment and advise the owners whether and under what
circumstances
the dog may be redeemed. The owner of any animal impounded,
confined,
or destroyed pursuant to the terms of this Ordinance shall be responsible
for all
costs of such confinement, impoundment, or destruction.
6-9
Disposition of Dogs
Any dog
confined by the Dog Officer, unless picked up by the owner, shall be kept for
at
least ten days, at which time said dog may be disposed of as provided by
Massachusetts
General Laws Chapter, provided that at the end of ten days, the Dog
Officer
may make available for adoption any neutered male or any spayed female dog
not
found to be diseased. Any dog confined by the Dog Officer shall not be released
to the
owner until the owner produces evidence of a current dog license, and pays a
sum
equal to the per day contract fee for care of the animal each day or part of a
day
counted
as one day. For any dog adopted under this paragraph, a sum equal to the
per day
contract fee for dog care shall be charged, and said dog shall be licensed
before
adoption. Any fees in this paragraph are to be in addition to fees or fines as
specified
elsewhere in this Article and/or under Massachusetts General Laws. No dog
shall
be turned over or sold in any manner inconsistent with Section 151 or disposed
of
inconsistent with the provision of Section 151A.
6-9
6-10
Emergency Treatment
Any
veterinarian registered under the provisions of Massachusetts General Laws,
Chapter
112, Sections 55 or 56A who provides emergency treatment of a dog or cat
that is
injured on any public way or place in the City of Woburn shall receive in lieu
of
payment
from the County Dog Fund as allowed in Section 151B, payment not to
exceed
thirty dollars from the Dog Fund provided by under this Article. All other
provisions
of Section 151B shall be incorporated herein under this Article. The Animal
Control
Officer shall notify area veterinarians of this process.
6-11
Damage Caused by Dogs
A.
Whoever suffers loss in a manner described in Section 161 shall inform the Dog
Officer
of such loss, who shall investigate the circumstances of said loss. In the
event
it is found that the damage was caused by a dog and the estimate of
damages
by the Dog Officer is less than fifty dollars, he shall submit a report to the
Mayor.
If the estimate is over fifty dollars, he shall have the damage appraised on
oath,
by three persons, one person appointed by the Dog Officer, one appointed
by the
person alleged to be damaged, and one appointed by the other two. Said
appraisers
shall act as outlined in Section 161 and turn in said appraisal to the
Mayor
who may authorize payment, or make such independent investigation as he
thinks
proper and shall issue an order upon the City Treasurer for any amount as
he
decides to be just and shall notify all interested parties of his decision. The
appraisers
shall receive payment from the City in a manner as is authorized in
Section
161. All funds expended under this Section shall come from the Dog
Fund.
B. The
City's obligations and liability hereunder shall be limited to one hundred
dollars
per animal, and five hundred dollars per residence, per fiscal year. This
shall
not limit the City's remedies and rights to seek compensation in excess of
said
amount, pursuant to this Article.
C. The
Mayor may appoint a temporary investigator in any case that he/they believes
in his
reasonable discretion requires further investigation, and if said investigator
believes
that the evidence is sufficient to sustain an action against the owner or
keeper
of the dog, he shall recommend to the Mayor that said action be brought,
unless
the owner or keeper before action brought pays him such amount in
settlement
of the damages as he deems reasonable. After the recommendation of
the
investigator, the Mayor may deem appropriate Court action to be brought in the
name of
the City of Woburn.
D. If
the Mayor determines, after notice to parties interested and after a hearing
before
the Mayor or his designee thereon, as to, who is the owner or keeper of any
dog
which is found to have worried, maimed or killed any livestock or fowls,
6-10
thereby
causing damages for which their owner may become entitled to
compensation
from the Dog Fund under this Article the Mayor shall serve upon the
owner
or keeper of such dog a notice directing him within twenty-four hours to kill
or
confine the dog. A person who owns or keeps a dog, and who has received
such
notice and does not within twenty-four hours kill such dog or thereafter keep
it on
his premises or under the immediate restraint and control of some person,
shall
be punished as provided in Section 6-18 of this Article, and any police
officer,
constable,
or Dog Officer may kill such dog if it is found outside of the enclosure of
its
owner or keeper and not under his immediate care.
E. The
Mayor, or his agents thereto authorized in writing, may, after written notice
to
the
owner or keeper, enter upon the premises of the owner or keeper of any dog
known
to him to have worried or killed livestock or fowls, and then and there kill
such
dog, unless such owner or keeper whose premises are thus entered for the
said
purpose shall give a bond in the sum of two-hundred dollars, with sufficient
sureties,
approved by the Mayor conditioned that the dog shall be restrained for
twelve
months ensuing. And if the owner or keeper of the dog declares his
intention
to give such a bond, the Mayor or his agents, shall allow him seven days,
exclusive
of Sundays and holidays, in which to procure and prepare the same and
to
present it to him, and to file it with the City Clerk.
6-12
Liability for Damages
The
owner or keeper of a dog which has done damage to livestock or fowl shall be
liable
in tort to the City for all damages so done in which the City has been
requested
to pay as provided by General Laws Chapter 140 or by this Article. Such
action
may be brought in the name of the City of Woburn as directed by the Mayor.
6-13
Rewards
The
provisions of Section 162 regarding the rewards for killing a dog shall be
incorporated
herewith with said funds being paid form the Dog Fund.
6-14
Ordering Dogs to Be Muzzled or Restrained
All the
provisions of Section 167 and Section 168 shall be incorporated into this
Article
except that any dog held under the provisions of Section 167 may not be
released
until all the requirements of this Article, regarding licensing and the fee for
care of
the animal are complied with. All other provisions of Section 167 and Section
168
shall be incorporated herein.
6-15
Violations
A. The
Dog Officer (Animal Control Officer) or any police officer of the City of
6-11
Woburn
shall be enforcement officers of any violation of this Article. Such
enforcement
officers shall, in addition to any pickup of the dog pursuant to this
Article,
issue a citation to the owner or keeper of any dog violating the provisions
of the
Leash Law requirements of this Article.
B. Any
such citation shall include, in addition to the violation charged, the name and
address
of the owner or keeper of the dog, the date and time and location of the
alleged
offense, and the amount of the penalty due. Said citation shall be on a
form
prescribed by and furnished by the Chief of Police.
C. The
City may revoke all licenses issued to animal owners against whom three or
more
violations of this Article have been assessed in a twelve month period. The
animals
of said owners shall be impounded and disposed of at the discretion of
the
Animal Control Officer.
6-16
Informal Disposition
A. The
owner or keeper of the dog that receives a citation under this Article, may
within
twenty-one days, confess to the offense charged by personally or through a
duly
authorized agent or by mailing to the City Clerk, said citation along with
payment
in the amount as authorized under the Section 6-18 provisions of this
Article.
Said payment if made through the mail shall be by postal note, money
order,
or check. The payment to the City Clerk shall operate as a final disposition
of the
case, when such payment is actually received by the City Clerk.
B. If
such person when issued a citation desires to contest the violation through the
Informal
Disposition Process, he may within twenty-one days of said issuance,
request
a hearing with the City Clerk or a hearing officer appointed by said Clerk,
and may
present either in person or by counsel, any evidence he may have to
refute
the allegation contained in the citation. At such hearing, the Clerk or
hearing
officer shall make a determination as to facts of the allegation, and said
determination
shall be final regarding the Informal Disposition Process.
6-17
Non-criminal Disposition of Violation
If any
person so notified by citation desires to contest the violation alleged in the
citation,
without availing themselves to the provisions of the Informal Process, or
desires
to contest the decision of the City Clerk or hearing officer, may avail himself
to the
Non-Criminal Disposition Procedures established in Massachusetts General
Law
Chapter 140, Section 173A. In either of the above cases, or if the owner or
keeper
of a dog fails to respond to the citation within twenty-one days, the City
Clerk
shall
forward a copy of the citation to the Woburn District Court where it shall be
handled
under the provisions of Massachusetts General Law Chapter 140, Section
173A
6-12
6-18
Penalty
A.
Pursuant to the authority permitted under Massachusetts General Law Chapter
140,
Section 147A, the following penalties (fines), except where indicated herein,
shall
be in effect for violations of the Leash Law provisions, Section 6-7 of this
6-19
Dog Fund
Article:
1.
Informal Disposition Process
1st
Offense in calendar year...........................$ 50
2nd
Offense in calendar year..........................$ 75
3rd or
subsequent Offense in calendar year...$100
2.
Non-Criminal Disposition through M.G.L. Ch. 140 Section 173A
1st
Offense in calendar year...........................$ 50
2nd Offense
in calendar year..........................$100
3rd or
subsequent Offense in calendar year...$150
B.
Violations of Section 6-4 (Kennels) or 6-14 (Muzzle Restraint) of this Article
shall
be a
$50.00 fine (penalty).
C.
Violation of Section 6-21 (Dog Listings) of this Article shall be a $50.00 fine
(penalty).
D.
Penalties for violations of any other provision of this Article shall be $100
unless a
different
fine or disposition is otherwise specifically provided under any Section of
this Article.
E. Each
day of all said violations shall constitute a separate offense.
A. By
the passage of this Ordinance, there shall be a Dog Fund established by the
City of
Woburn as a Fund Balance Reserve for Appropriation from which the City
Council
shall appropriate funds to pay expenses relating to this Article or for any
costs
that would have heretofore been paid from the County Dog Fund. Any funds
received
under this Article shall be turned into this Reserve Fund.
B. The
City Council may determine certain salaries or expenses that may not be
funded
with this fund but must be appropriated through the usual municipal
financing
procedure, and such determination shall be binding on this
administration
of this fund by the Treasurer.
6-13
6-20
Anti-Rabic Vaccine and Treatment
The
Board of Health shall, upon application furnish free of charge to any resident
who
has
been exposed to rabies, or may have been so exposed, anti-rabic vaccine and
anti-rabic
treatment, in accordance with rules and regulations which the Department of
Public
Health is authorized to make. Any resident shall have the right to select his
own
physician, who shall be paid by the City at a rate established by the Board of
Health,
but not to exceed fifty dollars. Reimbursement for the cost of furnishing
vaccine
and treatment, not exceeding fifty dollars in the case of any one person, shall
be made
from the Dog Fund.
6-21
Dog Listings
Persons
authorized or directed by M.G.L. Chapter 51 Section 4, or by any special
law, to
make lists of persons three years of age or older shall make a list of all dogs
owned
by the inhabitants of the City at the time of making lists required under such
Section
and return the same in duplicate to the City Clerk on or before April 1st. An
owner
or keeper of a dog who refuses to answer or answers falsely to persons
directed
or authorized to make a list of owners of dogs shall be punished by a fine as
provided
in Section 6-18.
6-22
Dangerous or Vicious Dogs
A. A Dangerous
or Vicious dog as the term is used in this Section shall mean any
dog
defined as such under Section 6-2 of this Article.
B.
While on the owner's property, a dangerous or vicious dog must be securely
confined
indoors or in a securely enclosed and locked pen or structure suitable to
prevent
the entry of young children, and designed to prevent the dog from
escaping.
Such pen or structure must have a minimum dimension of five feet by
ten
feet and must have secure sides and a secure top. If it has no bottom
secured
to the sides, the sides must be imbedded into the ground no less than
two
feet. The enclosure must also provide protection from the elements for the
dog.
C. The
owner or keeper shall display a sign on his premises facing out from all sides
of the
premises warning that there is a dangerous or vicious dog on the property.
This
sign should be visible and capable of being read from a public highway or
thoroughfare
or within twenty feet of its placement. In addition, the owner shall
conspicuously
display a sign with a symbol warning children who cannot read of
the
presence of a dangerous or vicious dog.
E. A
dangerous or vicious dog may be off the owner's premises if it is muzzled and
restrained
by an approved lead or chain not exceeding three feet in length and is
6-14
under
the control of an adult, able bodied person. The muzzle must be made in a
manner
that will not cause injury to the dog or interfere with its vision or
respiration,
but must prevent it from biting any person or animal.
E. The
provisions of this Article regarding dangerous or vicious dogs shall not apply
to
animals owned by law enforcement agencies and used for law enforcement
purposes.
F. An
owner may transport a dangerous or vicious dog within the city limits for
medical
or veterinary care provided said animal is properly restrained by being
both
muzzled and leashed, with the leash not to exceed a length of three feet.
G. The
owner of any dangerous or vicious dog, if said dog is found uncontrolled as
provided
in B above and off the property on property not owned or controlled by its
owner,
or not restrained in a secure area per paragraph B of this Section, shall be
subject
to a fine of fifty dollars for the first offense and a fine of one hundred
dollars
for the
second and subsequent offenses. In addition said animal shall be forever
banned
from within the limits of the City of Woburn by the Animal Control Officer.
H.
Owners of dangerous or vicious dogs found within the City of Woburn and not
properly
registered shall be subject to a fine of fifty dollars, and said animal shall
be
forever banned from within the limits of the City by the Animal Control
Officer.
I. Each
day there exists a violation of any of the provisions of this Ordinance shall
constitute
and be punishable as a separate offense.
J. Any
dog for which the Animal Control Officer has a verified report of having
attacked
or bitten any person shall be considered a dangerous or vicious dog. The
Dog
Officer shall cause said dog to be immediately impounded. An investigation
shall
be undertaken by the Dog Officer to determine if the dog constitutes a threat
to
public safety. If the dog is determined to be a threat, it shall be destroyed
by the
Dog
Officer. A written report of the Dog Officer’s investigation and subsequent
actions
shall be forwarded to the Mayor, Chief of Police, City Clerk, the dog owner
and the
person attacked or bitten. Any person, after receiving written notice that
the dog
owned or controlled by them has attacked and/or bitten, or caused injury,
or
otherwise endangered the safety of any person(s) or domestic animals(s) within
the
City of Woburn to such a manner as to be deemed a dangerous or vicious dog
but not
to the degree that the public safety warranted its destruction by the Dog
Officer,
who shall receive one (1) subsequent written notice of a repetition or
continuance
of such act or acts, shall not be permitted to keep such dog within the
city
limits. In each instance, such written notice(s) shall be reasonable definite
and
informative
to the owner or person controlling the dog(s) as to person, time, place,
and
manner of the incident or disturbance to have occurred. Any owner or person
in
control of a dog who fails to comply with this Section shall be punished by a
fine
6-15
of
fifty dollars for each day of said violation. Notwithstanding the above in the
event
of an
unprovoked attack on any person in which the person is bitten or punctured
above
the shoulders and requires stitches, the attacking dog shall be destroyed, at
the
owner’s expense, after the ten (10) day rabies quarantine; said quarantine to
be at a
kennel, at the owner’s expense. Notwithstanding the above in the event of
any
attack on a child under seven (7) years of age in which that child is bitten or
punctured
above the shoulders and requires any stitches, the attacking dog shall
be
destroyed, at the owner’s expense, after the ten (10) day rabies quarantine;
said quarantine
to be at a kennel, at the owner’s expense.
K.
Compliance with the requirements of this Section shall not be a defense to an
order
of disposal of a vicious dog pursuant to Massachusetts General Laws,
Chapter
140, Section 157.
L. All
notice and hearing procedures will be carried out in conformance with
Massachusetts
General Laws, Chapter 140, Section 157.
M. Any
person having knowledge which he or she believes constitutes probable
cause
to believe that another is harboring, keeping, or maintaining a dangerous or
vicious
dog which is not registered with and licensed by the City of Woburn in
accordance
with this Article shall file with the Police Department or the Animal
Control
Officer a sworn affidavit setting forth the basis on which they believe the
animal
to be a dangerous or vicious dog, the name and address of the owner of
the
dog, and a description of the dog. The Police Department or the Animal
Control
Officer shall, upon a receipt of such affidavit, inquire of the City Clerk if
the
dog is
currently registered as a dangerous or vicious dog pursuant to this Article
within.
If the dog is not registered, the City Clerk shall notify the Police
Department
and the Animal Control Officer of this fact and the Police Department
or the
Animal Control Officer shall serve notice upon the owner of the alleged
dangerous
or vicious dog, which notice shall include the requirement that the
owner
shall bring the alleged dog to the veterinarian stated in the aforementioned
notice
for inspection to determine whether this dog is a dangerous or vicious dog
by
definition as set forth in this Article. The names and addresses of complaining
witnesses
shall remain confidential, the property of law enforcement persons only
and shall
not be released without a Court Order.
N. All
owners of dangerous or vicious dogs, shall, on or before January 1, 2000 and
annually
thereafter on or before April 1st of each year, register their dog and
provide
a current color photograph of the dog with the City Clerk's office and pay
the
registration fee required by Ordinance. At the time of registration, each owner
of any
dangerous or vicious dog kept within the city limits of the City of Woburn
shall
provide to the City Clerk's office proof of liability insurance in the amount
of at
least
$100,000 for any acts of property damage or liability incurred by virtue of
injury
inflicted by such dog. Such insurance shall name the City as co-insured
6-16
solely
for the purpose of notice of cancellation of the policy. Said license shall
indicate
that the dog is a dangerous or vicious dog.
O. Any
dangerous or vicious dog, which is forever banned from within the limits of the
City of
Woburn by the Animal Control Officer under this Section 6-22, shall be
destroyed
by the Animal Control Officer if said dog is later found within the city
limits.
P.
Proof of death. The Animal Control Officer shall be responsible to provide a
Certificate
of Euthanasia in the form established in Section 6-29 herein, clearly
identifying
the offending dog with the dog’s license number or registration, to any
interested
party for any dog destroyed under the provisions of this ordinance.
6-23
Animal Waste
A. The
owner of every dog shall be responsible for the removal of any fecal matter
deposited
by the owner's animal(s) on his property, public walks, recreation areas,
or
private property.
B. The
owner or person(s) who possess or control the dog when appearing with the
dog on
any public walk, street, recreation area, or private property shall possess
the
means of removal of any fecal matter left by such dog.
C. For
purposes of this regulation, the means of removal shall include any tool,
implement,
or other device carried for the purpose of picking up and containing
such
fecal matter. Disposal shall be accomplished by transport of such fecal
matter
to a place suitable and regularly reserved for the disposal of human fecal
matter,
specifically reserved for disposal of dog fecal matter, or otherwise
designated
as appropriate by the Director of Public Health.
D. Any
owner or person in control of any dog who fails to comply with Sub-Sections
A, B,
or C of this Section shall be punished by a fine of ten dollars for each
violation.
E. When
any domestic animal dies, its owner shall cause the animal to be removed to
an
animal rendering company, or buried within seventy-two hours of the death of
the
animal. The Administrative and disposal fee shall be fifty dollars.
6-24
Sterilization
No
unclaimed dog shall be released for adoption without being sterilized or
without
written
agreement from the adopter guaranteeing that such animal will be sterilized
and a
deposit of at least fifteen dollars must be paid at the time of adoption, which
deposit
will be refunded after proof of sterilization.
6-17
6-25
Dogs Prohibited on School Premises
A. The
owner or keeper of any dog shall not allow his dog to be upon any school
grounds
or premises, at any time.
B. Any
owner or keeper of a dog who fails to comply with the provisions of this
Section
shall be punished by a fine of fifty dollars for each day of violation.
6-26
Barking Dogs
A.
Nighttime Repetitive Barking - An owner shall not allow his dog to bark in the
open,
outside
of any building, repetitively for more than thirty minutes during the
nighttime
quiet hours between 9:00 p.m. and 7:00 a.m.
B.
Nuisance and/or Excessive Barking - Nuisance and/or excessive barking by any
dog
during the hours 7:00 a.m. to 9:00 p.m., due to owner neglect, as determined
by the
Animal Control Officer shall be subject to the fines as provided in Sub-
Section
C hereof.
C. An
owner of any dog which violates Sub-Sections A or B above shall be subject to
the
following:
1. First
offense in any twelve month period shall receive a written warning;
2.
Second or subsequent offenses in any twelve month period shall receive a fifty
dollar
fine.
D.
Nothing in this Section shall limit or prevent written complaints to the Chief
of
Police
on this subject as provided in M.G.L. Ch. 140, Sec. 157.
6-27
Massachusetts General Laws Incorporated into this Article
Except
as specifically modified in this Articles the provisions of the following
Sections
of
Chapter 140 of Massachusetts General Laws shalt be incorporated into and apply
to this
Article: Section 145B, 149, 155, 155A, 156, 157, 158, 159, 160, 161A, 168,
174A,
174B, and 174D, as well as any other Section of Massachusetts General Laws
referenced
herein.
6-28
Severability
A.
Severability is intended throughout and within the provisions of this
Ordinance. If
any
provision, including, inter alia, any exception, part, phrase, or term or the
6-18
application
to any person or circumstances is held to be invalid, other provisions
or the
application to other persons or circumstances shall not be affected thereby.
It is
intended that the Ordinance would not be applied where its application would
be
unconstitutional.
B. All
provisions of the Municipal Code of the City of Woburn, as amended, which
are
consistent with this Ordinance, shall continue in effect, but all provisions of
said
Code inconsistent herewith, are repealed.
C. This
Ordinance shall take effect upon its passage in accordance with the
provisions
of Chapter 43 of Massachusetts General Laws.
(Continued
next page)
6-19
6-29
Proof of Death
City of
Woburn
Certificate
of Euthanasia
Pursuant
to the 1989 Woburn Municipal Code, as amended, Title 6, Article I, Section 6-
22(P),
this shall certify that the dog referenced below was euthanized on
_____________
under
my direction pursuant to an order of the Chief of the Woburn Police
Department/the
Health
Agent of the City of Woburn.
Breed
_____________________________ Color ______________________________
Distinguishing
Marks _____________________________________________________
Weight
___________ Age ___________ Dog’s Name _________________________
Owner’s
Name __________________________________________________________
Owner’s
Address ________________________________________________________
License
Number ___________________________
Other
Information ________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Dated
______________________ By_______________________________________
Certifying
Veterinarian
Print
Name ________________________________
Address
__________________________________
Telephone
Number _________________________
Attest:
William C. Campbell
City
Clerk
6-20
(Title
6, Sections 6-1 through 6-8, amended by Ord. dated 8/14/90, without the mayor's
signature,
8/25/90; prior Chapter 30, Section 1; Ord. amended 6/19/98; Ord. amended
6/9/99;
Ord. amended 8/9/99).
II.
MISCELLANEOUS ANIMAL REGULATIONS
6-30
Cattle or other animals at large.
No
owner or person having the care of cattle or other animals shall permit or
suffer
the
same to go at large. (Prior Ch. 30 sec. 1(C), amended 5/21/2002).
6-31
Horses and other animals tied to trees, etc.
No
person shall tie or fasten any horse, or other animal or team of any kind, to
any
lamppost,
pole, or to any ornamental or shade tree, shrub, or vine, in any public
way.
(Prior Ch. 30, sec.1(D), amended 5/21/2002).
6-32
Feeding or baiting of migratory waterfowl.
A. No
person, except the Director of the Division of Fisheries and Wildlife, or his
agent,
designee, as authorized pursuant to Chapter 131 of the General Laws,
shall
feed or bait any WATERFOWL or of the family of Anatidae (including, but
not
restricted to ducks, geese and swans) at any place within the City of
Woburn.
As used in this paragraph, “feeding” and “baiting” shall mean placing,
exposing,
depositing, distributing, or scattering, directly or indirectly, of shelled,
shucked,
or unshucked corn, wheat, or other grain, bread, salt, or any other
feed or
nutritive substances, in any manner or form, so as to constitute for such
birds a
lure, attraction, or enticement to, on, or over any such areas where such
feed
items have been placed, exposed, deposited, distributed, or scattered.
B.
Nothing in this ordinance shall be construed to limit the feeding of
domesticated
waterfowl,
as defined by the Division of Marine Fisheries and Wildlife, by a
farmer
as defined in Section 1A of Chapter 128 on property owned or leased by
him, or
the feeding of waterfowl or other birds by propagators licensed under
Section
23 of Chapter 131 of the General Laws when such waterfowl other birds
are
confined in such a manner as may be required pursuant to said Section 23
and any
Rules and Regulations issued under authority thereof; or the feeding by
any
person or his agents, invitees or licenses of waterfowl lawfully kept as a pet
by that
person. This ordinance shall not be construed or interpreted as
regulating
the usual and customary activities of the persons participating in the
Community
Gardens Program, so-called, located at the Community Gardens
situated
southerly from Lexington Street.
6-21
C.
Notwithstanding any of the above, the Director of the Division of Fisheries and
Wildlife,
or his agent, designee, may authorize the emergency feeding of
waterfowl
and other birds when, in his opinion, such action is necessary in order
to
alleviate undue losses and suffering of such birds due to unusual weather
conditions
and other circumstances. The director may authorize such action by
such
means as he deems necessary and expedient, but such means shall
include
the immediate notification of the City Council thereof by first class mail.
D. Any
person who violates any provision of this ordinance shall be subject to a
fine of
Fifty Dollars ($50.00) for each offense thereof. This ordinance, at the
discretion
of the enforcing person, may be enforced in accordance with the
procedures
established, outlined and described in G.L. c. 40, Section 21D.
E. This
ordinance may be enforced by Police Officers, Conservation Officers,
Shellfish
Constables, Harbormasters, Assistant Harbormasters, agents of the
Board
of Health, Environmental Police Officers, and other enforcement officers
of the
Division of Law Enforcement and by Deputy Environmental Police
Officers.
For purposes of this ordinance, the term “Conservation Officers” shall
mean
all members and employees of the City of Woburn Conservation
Commission.
(added
5/21/2002)
6-22