TOPIC
:
ANIMALS
SUBJECT:
VICIOUS DOGS AND ANIMALS
KEY WORDS:
CODE:
ORD I-8
AGENCIES:
POLICE, HEALTH DEPTS.
STATUTES:
C. 140, SS. 157, 172, C. 44, S. 53E1/2,
C. 265, S. 13D,
C. 272, S. 77
DATES:
07/14/98
ELEMENTS:
SECTION 1. Selected Definitions
O.
Owner means any person, firm, corporation, or department owning, keeping,
having an interest in, or having care, custody, or control of, or harboring one
(1) or more animals. An animal
shall be deemed to be harbored if it is fed or sheltered for three (3)
consecutive days or more. If the
owner of the animal is a minor, the parent or guardian of said minor shall be
considered the owner.
T.
Potentially vicious dog means any dog that:
1.
When unprovoked, inflicts bite(s) on human or domestic animals on public
or private property.
2.
When unprovoked, chases or approaches a person upon the streets,
sidewalks, or any public property in an apparent attitude of attack ; or
3.
Has known propensity, tendency, or disposition to attack unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals.
U.
Public Nuisance means any animal which:
1.
Molests or attacks passerby or passing vehicles;
2.
Attacks other animals;
3.
Trespasses on school grounds or private property;
4.
Is repeatedly at large five (5) or more times;
5.
Damages private or public property;
6.
Barks, whines, howls, or makes any noise natural to its species in an
excessive, continuous, or untimely fashion so as to disturb the peace;
7.
Creates excessive offensive odor.
V.
Restraint means any leash, lead, or other physical restraint.
W.
Secure enclosure shall be a minimum of 5 feet wide, 10 feet long and 5
feet high, and a horizontal top covering the area, all to be at least 9 gauge
link fencing with necessary supporting posts.
To prevent escape of the animal, the floor must be at least 3 inches of
poured concrete with the bottom edging of said fencing embedded in the concrete
or extended at least 1 foot below grade. The
gate must be of the same material as the fencing, fit closely and be securely
locked or otherwise deemed secure by the animal control officer.
The Owner shall post the enclosure with a clearly visible warning symbol
to inform children, that there is a dangerous dog on the property.
The enclosure must contain and provide protection from the elements for
the dog or other animals mentioned before and shall comply
with C. 272, S. 77 (Cruelty to animals.)
Z.
Vicious dog means any dog that has:
1.
Without provocation, inflicted substantial bodily harm on a human being
on public or private property;
2.
Killed a domestic animal without provocation while off the owner’s
property;
3.
Been found to be potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
SECTION
2. Vicious dogs.
A.
Animal Control Officer conducts hearing to determine if a dog is vicious
or potentially vicious. If found to
be vicious, owner must notify neighbors by certified mail and construct secure
enclosure. Vicious dogs can not be
transferred. If vicious dog found
outside a secure enclosure, an order to euthanize will be issued.
No dog shall be declared vicious or potentially vicious if the threat,
injury, or damage was sustained by a person committing a crime, or was provoked
by a person cruelly abusing the dog.
B.
Owner has 2 weeks to construct secure enclosure if found to be vicious or
potentially vicious. Dog to be
impounded during the period at owner’s expense. ACO to inspect enclosure and re-inspect when necessary.
$75 fee for inspection, $50 fine per day for violation and immediate
impoundment of animal.
C.
Dog to be destroyed if failure to construct enclosure within 2 weeks.
Appeal to Chief of Police and C. 30A.
D.
Cost of impoundment borne by owner unless otherwise ordered by Chief of
Police or court of appeal.
E.
Quarantine of vicious or potentially vicious dog after bite or attack for
rabies inspection. Confinement at
home, animal shelter or vet. $25 administrative fee and summons to be issued for owner.
Dog may be destroyed within 90 days.
30 day appeal period to Chief of Police.
Appeal pursuant to C. 30A.
F.
Cost of impoundment borne by owner unless contrary order by Police Chief
or if injury etc. sustained by person committing a crime, or cruelly abusing
dog.
G.
Quarantine of any dog for rabies observation if it attacks a person and
causes death or serious boldly injury regardless if determined to be vicious or
potentially vicious.
J.
An owner may transport a vicious dog within the city limits for medical
or veterinary care provided said animal is properly restrained by being both
muzzled and leashed, with a leash not to exceed the length of 6 feet.
A dog that has been declared to be vicious must wear an orange muzzle
that will identify it as a dangerous dog.
K.
Proof of $100,000 liability insurance policy given to City Clerk if dog
is determined to be vicious.
L.
$50 fine and banishment from City for vicious dogs found outside secure
enclosure. Dog license cannot be
transferred.
M.
$50 fine and banishment from City and no transfer for vicious dogs found
not properly licensed.
N.
ACO can order vicious dog to be restrained from coming within 5 feet of
any public way within the secure enclosure.
O.
Each day of violation constitutes separate offense.
P.
Compliance of ordinance is not a defense to an order of disposal pursuant
to C. 140, S. 157.
SECTION
3. Control of dogs and other animals.
A.
No owner shall fail to exercise proper care and control of his animals to
prevent it from becoming a public nuisance.
B.
Female dogs in heat must be confined except for planned breeding.
C.
It shall be unlawful for any owner to keep, harbor or maintain on or off
their premises any vicious or potentially vicious dog or domestic animal, unless
such dog or domestic animal is within the owner’s house, in a secure
enclosure, or physical restraint or unless such dog or domestic animal is under
the control of a law enforcement officer on or about their official duties.
Any domestic animal found in violation hereof shall be immediately
impounded. A summons shall be issued to the owner of the dog or domestic
animal.
D.
It shall be considered unlawful for any person owning, keeping,
harboring, or processing any rabbits, horses, goats, llama, buffaloes, hogs,
sheep, cattle, or other animals, ducks, geese, or any other birds, or poultry,
to permit or allow the same to go at large any time within the limits of the
City of Lynn, to the damage or annoyance of any of the residents of the City of
Lynn. The keeping of wild animals
must meet all requirements of Massachusetts General Laws and federal laws.
SECTION
4. Dogs on school premises.
A.
No dogs on school property during 08:00 and 16:00 while school is in
session or at any athletic event regardless of time, (except mascot, Seeing Eye,
or hearing aide dog.)
B.
$50 fine for violation. Police/ACO
can remove dog and shelter at owner’s expense.
SECTION
5. Removal of dog waste.
A.
Owner or person in control of dog or other animal is responsible for the
removal of fecal matter deposited on public walks, recreation areas, or private
property.
B.
Owner or person in control of dog or other animal shall possess means of
removal of fecal matter while on any public walk, street, recreation area or
private property.
C.
Means of removal include tools, implements and devises carried for the
purposes of picking up and containing the fecal matter.
Disposal by suitable means.
D.
$25 fine for first offense, $50 fine for subsequent offense.
Police, ACO, Health Dept. may enforce this section.
SECTION
6. Impoundment – Notice of violation and emergency care.
A.
Any domestic animal determined to be a nuisance by a Police Officer or
ACO shall be taken by Police or ACO and impounded in a humane manner.
B.
Unclaimed domestic animals or nuisance animals must be kept for not less
than 10 days, after which if not reclaimed, adopted, released for adoption, the
impounded domestic or nuisance animals may be humanely euthanized.
The City of Lynn shall not be liable for any disposition of such animals
in accordance with this ordinance. If
not reclaimed, adopted, or released for adoption after a reasonable length of
time, as determined by the animal control authorities involved, the domestic or
nuisance animals shall be humanely euthanized.
C.
ACO shall attempt to notify owner of impounded dog by telephone or
certified mail.
D.
All costs including medical care, for care and impoundment of animals are
to be borne by the owner as well as any administrative fees that the City has
determined.
E.
Minimal emergency medical care means:
1.
Any sick or injured animal found at large within the city may be taken to
any veterinarian of minimal emergency care or euthanasia; in which case the
veterinarians shall notify the owner immediately or as soon as practical
thereafter. In any such case, such
owner shall be liable for any expense incurred with respect to such animal.
2.
ACO to notify owner if found through license.
3.
If owner is not discovered within 24 hours, animal becomes property of
the impounding authority. Veterinarian
can order euthanasia for animal in such pain and no chance for recovery within
the 24-hour period. The City of
Lynn shall not be liable for any expense with respect to such animal at any time
unless expressly authorized by the City or its agents.
4.
If after minimal emergency care such animal can be safely impounded, the
ACO may impound such animal subject to disposition with this ordinance.
SECTION
7. Animal care.
A.
Every owner shall provide his animals with sufficient good and wholesome
food and water, proper shelter and protection from the weather, veterinary care
when needed to prevent suffering, and provide humane care and treatment.
B.
No person shall beat, cruelly treat, torment, overload, overwork, or
otherwise abuse an animal, or cause, instigate or permit any dogfight,
cockfight, or bullfight, or any other combat between animals or between animals
and humans.
C.
No owner of an animal shall abandon such animal.
D.
Chickens and ducklings younger than 8 weeks of age shall not be sold by
any person in quantities of less than 25.
E.
No person shall give away any live animal, reptile, fish, or bird as a
prize for, or as an inducement to enter, any contest, game or other competition,
or an inducement to enter, any place of amusement,; or offer any vertebrate as
an incentive to enter into any business agreement wherein the offer was for the
purpose of attracting trade.
F.
No person shall expose any known poisonous substance, whether mixed with
food or not, so that the same be liable to be eaten by animal, provided that it
shall not be unlawful for a person to expose to his own property common rat
poison mixed only with vegetable substances.
G.
The ACO or any Police Officer may initiate before a district court judge
a search warrant for any premises upon a showing of probable cause to believe
that a violation of any provisions of this section is occurring or has occurred
within a reasonable time thereon; and take charge of and impound the animals or
fowl involved in such violation. A district court judge shall determine the matter of
disposition of any such animal.
SECTION
8. Keeping wild animals.
A.
No person shall keep or permit to be kept on his premises any wild animal
or vicious animals for display or for exhibition purposes, whether gratuitously
or for a fee. This section shall
not be construed to apply to zoological parks, performing wild animal
exhibitions or circuses.
B.
No person shall keep or permit to be kept on his premises any wild
animals as a pet.
C.
The ACO may issue temporary permits for keeping wild animals deemed
homeless or incapable of survival in the wild.
D.
The ACO shall have the power to release or order release of any wild
animal kept under the temporary permit which is deemed capable of surviving in
the wild.
SECTION
9. Issuance of citations.
A.
ACO has authority to cite individuals he has found to be in violation of
the ordinance. Fines can be
contested to Chief of Police by submitting protest to City Clerk within 10 days
of citation. Chief’s decision is
binding with appeal through C. 30A. Any
animal cited 5 times or more will be forever banned from the City and no
transfer to another city or town,
B.
All dogs or cats 6 months of age or older shall be immunized by a
licensed veterinarian and owner shall possess vaccination certificate available
for inspection.
C.
If any dog or cat has bitten any person or is suspected of being
inflicted with rabies, the ACO or state animal inspector may cause such animal
to be confined or isolated for such period of time as he deems necessary.
Confinement of the animal may be accomplished at the owner’s home, an
animal shelter, or a private veterinarian hospital and any charges incurred
shall be the responsibility or the owner. In
addition, an Administrative Fee shall be imposed in the amount of $25.
SECTION
10. Enforcement.
The
provisions of this ordinance shall be enforced by the Lynn Police Department,
the animal control officer(s). The
Lynn Health Department Inspectors are also permitted to enforce section 5 or
this ordinance. It shall be a
violation of this ordinance to interfere with any such person in the performance
of their duties, or to take any animal from the person without designated
authority.
SECTION
11. Transportation fees.
A.
Owner responsible for $20 transportation fee as well as any other
additional fees or fines imposed when an animal is transported by the ACO.
Such a fee shall be paid before release of the animal.
B.
To the extent permitted by C. 140, S. 172, fees collected pursuant to
this section shall be deposited into a revolving fund within the Parking Dept.
with disbursement at the direction of the Parking Director, pursuant to C. 44,
S. 53E1/2, and shall be subject to annual authorization by the City Council with
the approval of the Mayor. Such fund shall be utilized as follows: to reimburse for
costs associated with the impoundment of animals by the ACO.
The total amount which may be expended from such fund not exceed amounts
authorized under section 53E1/2.
SECTION
12. A & B upon enforcing
officials.
Any
person who commits assault and battery upon any public employee when such person
is engaged in the performance of his duties at the time of such assault and
battery, shall be punished by imprisonment for not less than ninety days nor
more than two and one-half years in a house of correction or by a fine of not
less than $500 nor more than $5,000 as provided under C. 265, S. 13D.
SECTION
13. Violations – Penalties
A
person who violates a provision of this ordinance is guilty of a separate
offense for each day or part of a day during which the violation is committed,
continued or permitted. Each
offense is punishable by a fine of not to exceed $50.
SECTION
14. Severability clause.
SECTION
15. Repeal of inconsistent
ordinances.
PENALTIES:
Defined by section.
