Voting:

Board of Selectmen Voted: That Title VIII of the Town Bylaws (“Public Health and Safety”) Article 2: Canine Control be and hereby is amended in Sections 1.B and 4.F, as follows:

Chaining or Tethering Dogs and Humane Conditions

1.     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 hours5 hours in a 24-hour period or outside from 10:00 p.m. to 6:00 a.m. unless the tethering is not for more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. A tethering so employed shall not allow the dog to leave the owner’s, guardian’s or keeper’s property. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used. No chain or tether shall weigh more than 1/8 of the dog’s body weight. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash. No dog under the age of 6 months shall be tethered outside for any length of time.

2.     A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section, through the use of any of the following methods:

a.     inside a pen or secure enclosure, if the following conditions are met:

                         i.          the pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement;

                       ii.          the pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all 4 sides enclosed; and

                     iii.          the minimum height of the fence shall be adequate to successfully confine the dog;

b.     a fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the ability to run but is unable to leave the enclosed yard; or

c.      a trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:

                         i.          only 1 dog shall be tethered to each cable run;

                       ii.          the tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog's throat through which 2 adult fingers may fit; provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;

                     iii.          there shall be a swivel on at least 1 end of the tether to minimize tangling of the tether;

                     iv.          the tether and cable run must each be at least 10 feet in length. The cable must be mounted at least 4 feet but not more than 7 feet above ground level; and

                       v.          the length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described herein; provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner’s, guardian’s or keeper’s property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals.

3.     A person owning or keeping a dog confined outside in accordance with this section shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least 3 sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the dog's entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog’s body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.

4.     No person owning or keeping a dog shall leave a dog chained or tethered outside for longer than 24 consecutive hours5 hours in a 24-hour period or outside from 10:00 p.m. to 6:00 a.m. unless the tethering is not for more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper.

5.     Exceptions to the above restrictions on outdoor confinement shall be made for dogs actively engaged in conduct directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.

6.     No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane chaining or tethering at any time. For the purposes of this subsection, “cruel conditions and inhumane chaining or tethering” shall include, but not be limited to, the following conditions:

a.     filthy and dirty confinement conditions including, but not limited to, exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog's physical or emotional health;

b.     taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog; and

c.      subjecting a dog to dangerous conditions, including attacks by other animals.;

d.     leaving a dog outside when a weather advisory, warning or watch is issued by a local, state or federal authority or when outside environmental conditions including, but not limited to, extreme heat cold, wind, rain, snow or hail pose and adverse risk to the health or safety of the dog, unless tether is for not more than 15 minutes; and

7.    No person shall confine an animal in a motor vehicle in a manner that could reasonably be expected to threaten the health of the animal due to exposure to extreme heat or cold.

a.  After making reasonable efforts to locate a motor vehicles owner, an animal control officer, law enforcement officer or fire fighter may enter a motor vehicle by any reasonable means to protect the health and safety of an animal.  Such personnel shall leave written notice is a secure and conspicuous location on or in the motor vehicle bearing the officer’s or fire fighter’s name and title and the address of the location where the animal may be retrieved.  The owner may retrieve the animal only after pavement of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.

b.  An animal control officer, law enforcement officer or fire fighter who removes or otherwise retrieves an animal from a motor vehicle under subsection (a), and the Town shall be immune from criminal or civil liability that might otherwise result from removal.

8.         A person who violates this sections 1 through 6 above shall, for a first offense, be issued a written warning or punished by a fine $50, for a second offense, be punished by a fine of $100200 and for a third or subsequent offense, be punished by a fine of $300500, and be subject to impoundment of the dog in a local shelter at the owner’s or guardian’s expense pending compliance with this section, or loss of ownership of the dog.

            A person who violates section “7” above shall, for the first offense be punished by a fine of $150, for a second offense, be punished by a fine of $300, and for a third and each subsequent offense, by a fine of $500, and may be subject to prosecution under G.L. c. 272 section 77.      

and;

 

F.         Fees

2.  Failure to comply; penalties.

a.     Penalty for failure to comply with licensing requirements. Failure to comply with this section shall be punishable by a fine of $50.

b.     Additional late fees.  Failure to comply with this section within the first Thursday following 45 business days of the date that the licensing or re-licensing obligation arises shall be punishable by a fine of $50 and failure to comply with this section within 90 days of the date that the licensing or re-licensing obligation arises shall be punishable by an additional fine of $50.  An additional $50 fine shall be applied where owners fail to register a dog for an entire calendar year, due upon registration the following year.  These late fees shall be in addition to any other applicable penalty provided for in this Bylaw.