For the purpose of this ordinance, the following definitions
shall be applicable:
A. "Animal" means any live,
vertebrate creature, domestic or wild.
B. "Animal-domestic" means any
dog, cat, horse, cow, sheep, goat, pig or domestic fowl.
C. "Animal-wild" means any
raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or other
similar warm-blooded animal by nature, or poisonous reptile normally
found in the wild.
D. "Animal control center" means
any facility operated by or for the City or the authorized agents
thereof for the purpose of impounding or caring for animals held under
the authority of this ordinance or Massachusetts General Laws.
E. "Animal control officer"
means any person designated by the City to handle and manage issues
dealing with domestic or wild animals or any dangerous rabid or
potentially rabid animal.
F. "Animal Exhibition" means any
display containing one or more animals which are exposed to public view
for entertainment, instruction, advertisement, excluding state and
county fairs, livestock shows, rodeos, purebred dog and pedigree cat
shows, obedience trials and competitions, field trials, and any other
fairs and exhibitions intended to advance agricultural arts and
G. "Auction" means any place or
facility where animals are regularly bought, sold, or traded, except
those facilities otherwise defined in this ordinance. This term does not
apply to isolated sales of individual animals by owners.
H. "Chief of Police" means the
Chief of the Lynn Police Department or his designee.
I. "Circus" means a commercial
variety show featuring animal acts for Public entertainment.
J. "Dealer" means any person
who, for compensation or profit, buys for resale any animals, whether
alive or dead, for research, experimentation, testing or exhibition
(except as an exhibit as herein defined) or for use as pets.
K. "Commercial animal
establishment" means any pet shop, grooming shop, auction, zoological
park, circus, performing animal exhibition, or kennel.
L. "Grooming shop" means a
commercial establishment where animals are: bathed, clipped, plucked, or
M. "Kennel" means any premises
wherein any person engages in the business of boarding, breeding,
buying, letting for hire, training for a fee or selling dogs, or a place
where four or more cats or dogs or any combination of four (4) such
animals are kept, whether by the owners of the animals or by other
persons, with or without compensation.
N. "Licensing authority" is the
City Clerk as provided by the General Laws of the Commonwealth of
O. "Owner" means any person,
firm, corporation, organization, 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.
P. "Performing animal
exhibition" means any spectacle, display, act, exhibit, or event other
than circuses, in which performing animals are used.
Q. "Pet" means any animal kept
for pleasure rather than utility.
R. "Pet shop" means any person,
partnership, or corporation, whether operated separately or in
connection with any business enterprise except for a licensed kennel,
that buys, sells or boards any species of animals.
S. "Physical restraint" means
muzzled and on a leash not to exceed (6) feet and controlled by an adult
physically capable of controlling such dog. The muzzle must not cause
injury to the dog but must prevent it from biting any person or animal.
T. "Potentially vicious dog"
means any dog that:
1. When unprovoked,
inflicts bite(s) on human or domestic animals on public or
2. When unprovoked,
chases or approaches a person upon the streets, sidewalks, or
any public property in an apparent attitude of attack;
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
1. Molests or attacks
passerby or passing vehicles;
2. Attacks other
3. Trespasses on school
grounds or private property;
4. Is repeatedly at
large five (5) or more times;
5. Damages private or
6. Barks, whines, howls,
or makes any noise natural to its species inan excessive,
continuous, or untimely fashion so as to disturb the peace;
7. Creates excessive
V. "Restraint" means any leash,
lead or other physical restraint.
W. "Secure enclosure" means a
secure enclosure shall be a minimum of five (5) feet wide, ten (10) feet
long, and five (5) feet in height above the grade, and with a horizontal
top covering said area, all to be at least nine (9) gauge link fencing
with necessary steel supporting posts. To prevent escape of the animal,
the floor shall be at least three (3) inches of poured concrete with the
bottom edge of said fencing embedded in the concrete or extending at
least one (1) foot below grade. The gate must be of the same material as
the fencing, fit closely and be securely locked or otherwise deemed
secured by the animal control officer. The Owner shall post the secure
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 Massachusetts General Laws
Chapter 272, section 77 (Cruelty to Animals).
X. "Serious bodily injury" means
bodily injury which involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and obvious
disfigurement or protracted loss or impairment of the function of a
bodily member or organ.
Y. "Veterinary hospital or
clinic" means any establishment maintained and operated by a licensed
veterinarian for surgery, diagnosis, and treatment of diseases or
injuries of animals.
Z. "Vicious dog" means any dog
1. Without provocation,
inflicted substantial bodily harm on a-human being on public or
2. Killed a domestic
animal without provocation while off the owner's property;
3. Been found to be
potentially dangerous, and after the owner has notice that the
dog is potentially dangerous, the dog aggressively bites,
attacks, or endangers the safety of humans or domestic animals.
AA. "Zoological park" means any
facility, other than a pet shop or kennel, displaying or exhibiting one (1)
or more species of non-domestic animals operated by any person, partnership,
or corporation, or any governmental agency.
Section 2:00 Vicious dogs
A. To consider declaring a dog
vicious or potentially vicious, the animal control officer will call a
special hearing to consider any evidence collected. The animal control
officer shall notify the owner of the dog by certified letter of such
hearing. The owner may attend and have an opportunity to be heard. At this
hearing the animal control officer will determine whether to declare such
dog vicious or potentially vicious. If the dog is declared vicious or
potentially vicious the owner shall notify his abutter next door and across
the street of such finding by certified mail return receipt requested at the
owner's sole expense. If a dog owned by a resident of the City of Lynn has
been found to be vicious, the ownership of the dog cannot be transferred. If
the owner chooses not to build the dog a secure enclosure or if said dog is
found on the property not owned or controlled by its owner or not restrained
in the secure area, an order that the dog be euthanized 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. If the dog is declared vicious or
potentially vicious, the owner will have a two (2) week period in which to
have a secure enclosure constructed to house the dog when it is in the
owner's yard. During such period, the dog will be publicly impounded at an
animal shelter or a private veterinary hospital until the secure enclosure
is constructed before the dog is released. The effectiveness of the secure
enclosure shall be subject to periodic inspections by such officer, as
deemed necessary. The fee for said inspection shall be seventy-five dollars
($75.00). If the owner is found violating the secure enclosure requirements,
immediate public impoundment of the dog(s) shall be taken by the animal
control officer during the time the violation continues to exist. The owner
shall bear all costs for such public impoundment. The said fine for such
violation shall be fifty dollars ($50.00) per day or part of the day the
violation is allowed to exist.
C. If the owner of a vicious or
potentially vicious dog does not have a secure enclosure constructed during
the two (2) week period, the dog may be destroyed unless, during the same
two week (2) period, the owner files an appeal with the Chief of the Lynn
Police Department or his designee. If such an appeal is filed, it will be
heard within three (3) weeks of the appeal. The Determination of the Chief
of the Lynn Police
Department or his designee shall be final and binding
subject to appeal only under the provisions of Chapter 30A of the General
D. Any and all costs for the
impounding of the dog involved will be borne by the owner unless determined
otherwise by the Chief of the Lynn Police Department or his designee or the
court of final appeal.
E. If a vicious or potentially
vicious dog bites or attacks a person, the dog shall be impounded and
quarantined for the proper length of time for rabies observation.
Confinement of the animal may be accomplished at the owner's
home, an animal shelter or at a private veterinary hospital and any charges
incurred shall be the responsibility of the owner. In addition an
Administrative Fee shall be Twenty-five dollars ($25.00). A summons shall be
issued to the owner of such dog. The dog may be destroyed within ninety (90)
days unless an appeal is taken by the owner involved to the Chief of Police
or his designee within thirty (30) days of the impoundment. Any
determination by the Chief of Police or his designee shall be final and
binding subject to appeal only under the provisions of Chapter 30A of the
F. Any costs of impoundment will be
borne by the owner absent a contrary decision by the Chief of Police or his
designee or the courts. This provision shall not apply if the threat, damage
or injury was sustained by a person committing a crime, or was provoked by a
person cruelly abusing the dog.
G. Any dog, whether or not it has
been declared vicious, which attacks a person and thereby causes death or
serious bodily injury will be impounded and quarantined for the proper
period of time for rabies observation. A summons shall be issued to the
owner of such dog. The dog must be destroyed within ninety (90) days unless
an appeal is taken by the owner involved to the Chief of Police within
thirty (30) days of the impoundment.
Any determination by the Chief of Police or his designee
shall be final and binding subject to appeal only under the provisions of
Chapter 30A of the General Laws.
H. Any costs of impoundment shall be
borne by the owner absent a contrary decision by the Chief of the Lynn
Police or his designee.
I. The provisions shall not apply if
the threat, damage, or injury was sustained by a person who was committing a
crime, or was provoked by a person cruelly abusing the dog.
J. An owner may transport a vicious
dog within 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 six (6) feet. A dog which has been declared to be a
vicious dog pursuant to this ordinance additionally must wear an orange
muzzle which will identify it as a dangerous dog.
K. Any person under whose name a
vicious dog is licensed, and/or the owner of said property where the dog
resides or is licensed shall at all times that he or she possesses the dog
or the dog remains at said address, maintain in full force and effect, a
liability insurance policy of at least one hundred thousand dollars
($100,000) for the benefit of the public safety. Such a person shall provide
to the City Clerk's Office proof of such liability insurance. Such insurance
shall name the City as co-insured solely for the purpose of notice of
cancellation of the policy.
L. The owner of a vicious dog, if
said animal is found 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 ($50.00) dollars, and said animal shall be
forever banned from within the limits of the City of Lynn and the license of
such dog cannot be transferred from the City of Lynn to another city or
M. Owners of vicious dogs found
within the City of Lynn and not properly licensed shall be subject to a fine
of fifty dollars ($50.00), and said animal shall be forever banned from
within the limits of the City of Lynn and cannot be transferred from the
City of Lynn to another city or town.
N. In addition to this sections
requirement that a vicious dog must be contained in a secure enclosure, the
animal control officer may order that the owner place such a vicious dog on
a lease within the secure enclosure. Such a leash shall prevent the vicious
dog from being located within five feet of any public way open to pedestrian
O. Each day or part of a day there
exists a violation of any of the provisions of this ordinance shall
constitute and be punishable as a separate offense.
P. Compliance with the requirements
of this chapter shall not be a defense to an order of disposal for a vicious
dog pursuant to Chapter 140, section 157 of the General Laws.
Section 3:00 Control of dogs and other animals
A. No owner shall fail to exercise
proper care and control of his animals to prevent them becoming a public
B. Every female dog in heat shall be
confined to a building or enclosure in such a manner that such female dog
cannot come in contact with a male dog 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 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 possessing any rabbits,
horses, goats, llama, buffaloes, hogs, sheep, cattle, or other animals,
chickens, 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 4:00 Dogs on school premises
A. Notwithstanding any other
ordinance, rule or regulation to the contrary, no person either the owner or
keeper of a dog or other animal shall allow his dog or other animal to be
upon any school grounds, between the hours of eight (8:00) a.m. to four
(4:00) p.m. on any day that schools are in session or during any athletic
event or contest, regardless of the time of day or whether school in session
or not (except for a school team mascot or a so-called seeing-eye or hearing
B. Any owner or keeper of a dog or
other animal who fails to comply with the provisions of this section shall
be subject to a non-criminal ticket in the amount of fifty ($50.00) dollars.
The Police Department and/or the animal control officer may remove the
offending dog or other animal to a suitable animal shelter any charges to
recover said animal shall be payable by said owner or keeper.
Section 5:00 Removal of Dog Waste
A. The owner of every dog or
person(s) who possesses or controls the dog or other animal shall be
responsible for the removal of any fecal matter deposited by his animal(s)
on public walks, recreation areas, or private property. "Owner" includes
person(s) who "possesses or control" the dog.
B. The owner or person(s) who
possesses or controls the dog or other animal 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 or other animal.
C. For the purposes of this
ordinance, the means of removal shall include any tool, implement, or other
device carried for the purposes of picking up or containing such fecal
matter. Disposal shall be accomplished by transporting such fecal matter to
a place suitable and regularly reserved for the disposal of human fecal
matter specifically reserved for the disposal of dog or other animal fecal
matter or otherwise designated as appropriate by the Health Commissioner of
the City of Lynn.
D. Any owner or person(s) who
possess or control the dog or other animal who fails to comply with the
provisions of this section shall be subject to a non-criminal ticket in the
amount of twenty-five ($25.00) dollars for the first offense and fifty
($50.00) dollars for every subsequent offense. The police department, animal
control officers) and Health Department may enforce this section.
Section 6:00 Impoundment — Notice of violation and
A. Any domestic animal determined to
be a nuisance by a police officer or animalcontrol officer shall be taken by
the police or animal control officer and impounded and confined in a humane
B. Unclaimed domestic animals or
nuisance animals must be kept for not less than ten (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. If by a license tag or by other
means the owner of the impounded animal can be identified, the animal
control officer involved, immediately upon impoundment, or as soon as
practical thereafter, shall attempt to notify the owner by telephone or by
prepaid certified mail.
D. An owner claiming an impounded
animal shall pay reasonable fees and expenses as the City may from time to
time adopt or approve by appropriate administrative ordinance or resolution.
It is the intent that all costs, including medical care, for care and
impounded animal area to be the responsibility of the owner of the animal.
E. Minimal emergency medical care
1. Any sick or injured
animal found at large within the city may be taken to any
veterinarian for minimal emergency care or euthanasia; in which case
the veterinarians shall notify the owner immediately or as soon as
practical thereafter. In anycase, such owner shall be liable for any
expense incurred with respect to such animal.
2. If the owner of such
animal can be identified, the animal control officer shall attempt
to notify the owner immediately or as soon as practical thereafter.
In any case, such owner shall be liable for any expense incurred
with respect to such animal.
3. If the owner of such
animal cannot be identified within twenty-four (24) hours, the
animal shall become the property of the impounding authority. If,
during the initial twenty-four (24) hour period, it is recommended,
in writing, by a veterinarian that the animal is in such pain and
has no reasonable hope for recovery, the animal may be humanely
euthanized. 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 animal
control officer may impound such animal subject to disposition with
Section 7:00 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 eight (8) weeks of age shall not be sold by any person in quantities of
less than twenty-five (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 as 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
F. No person shall expose any known
poisonous substance, whether mixed with food or not, so that the same shall
be liable to be eaten by an animal, provided shall not be unlawful for a
person to expose to his own property common rat poison mixed only with
G. The animal control officer and/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 provision 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 violations. The matter of disposition of any such
animal shall be determined by a district court judge.
Section 8:00 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 animal control officer may
issue a temporary permit for the keeping of any wild animals native to this
area which has been deemed to be homeless and incapable of survival in the
D. The animal control officer shall
have the power to release or order therelease of any wild animal kept under
temporary permit which is deemed to be capable ofsurvival in the wild.
Section 9:00 Issuance of citations
A. The animal control officer is
hereby authorized to issue a citation to any individual who, in his/her
opinion, is in violation of the terms and conditions of this ordinance. Said
fines may be contested to the Chief of the Lynn Police Department by filing
a protest .within ten (10) days of the date of the citation, with the city
clerk. The decision of the Chief of Police shall be final and binding
although subject to appeal under the provisions of Chapter 30A of the
General Laws. Any animal which receives five (5) or more citation from the
animal control officer may be forever banned from within the limits of the
City of Lynn and the license of such dog cannot be transferred from the City
of Lynn to another city or town.
B. All dogs or cats six (6) months
of age or older shall be immunized against rabies by a licensed
veterinarian. The owner must have in his possession a current vaccination
certificate subject to the inspection of the animal control officer, or
designated agent of the city.
C. If any dog or cat has bitten any
person or is suspected of having bitten any person, or is for any reason
suspected of being inflicted with rabies, the animal control officer or the
state animal inspector may cause such dog or cat 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 at a private
veterinary hospitaland any charges incurred shall be the responsibility of
the owner. In addition, an Administrative Fee shall be imposed in the amount
of Twenty-five dollars ($25.00).
Section 10:00 Enforcement
The provisions of this ordinance shall be enforced by the
Department, the animal control officer(s). The Lynn Health
Department inspectors are also permitted to enforce section 5.00 of 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 11:00 Transport Fees
A. Any dog or other animal which is
removed by the animal control officer shall result in a Transport Fee of not
more than Twenty dollars ($20.00) on the owner of said dog or other animal
in addition to any fee or fine imposed by this ordinance or other applicable
law. Such a fee shall be paid before the dog or other animal may be released
from the custody of the animal control officer.
B. To the extent permitted by G.L.
c. 140, § 172, fees collected pursuant to this section shall be deposited
into a revolving fund within the Parking Department of the City of Lynn with
disbursement at the direction of the Parking Director, pursuant to the
provisions of G.L. c. 44, §53El/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: toreimburse for costs associated with the
impoundment of animals by the animal control officer. The total amount which
may be expended from such fund shall not exceed amounts authorized under the
aforesaid Section 53E1/2.
Section 12:00 Assault and Battery Upon Enforcing
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 five hundred nor more than five
thousand dollars as provided in Massachusetts General Laws Chapter265, §13D.
Section 13:00 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 not to exceed three hundred dollars ($300.00).
Section 14:00 Severabiiity
If any of the provisions of this ordinance or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions of said ordinance nor the
application of such other provisions, which can be given effect without the
invalid provisions of application thereof, and for this purpose the
provisions of this ordinance are severable.
Section 15:00 Repeal of inconsistent ordinances
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
Section 16:00 Effective date
This ordinance shall take effect thirty-one (31) days after
its final adoption as advertised.
Introduced in Council:
After Signed by Mayor:
Effective (31 days)
July 8, 2008
August 12, 2008
September 12, 2008