CHAPTER 23

AN ORDINANCE REGULATING DOGS


Sec. 23-1. Definitions
Sec. 23-2. Registration and Licenses
Sec. 23-3. Kennel Licenses
Sec. 23-4. Sale or Other Delivery of Unlicensed Dog by Kennel License
Sec. 23-5. Inspection of Kennels; Revocation, Suspension and Reinstatement of License; Nuisance
Sec. 23-6. Licensee Convicted of Violation of Statutes Relating to Offenses Against Animals
Sec. 23-7. Change of Owner or Keeper of Licensed Dog; Dog Brought Into Methuen
Sec. 23-8. Importation of Dogs and Cats for Commercial Resale; Health Certificates; Violations
Sec. 23-9. Fees; Certificate or Statement That Dog Has Been Spayed; Dogs Serving Blind or Deaf Persons; Refunds
Sec. 23-10. Shelters; Sale or Gift of Dog or Cat Not Spayed or Neutered
Sec. 23-11. Violation of Ordinance
Sec. 23-12. Application of Law; Exception
Sec. 23-13. Application of Law; Licensed Pet Shops Exempted
Sec. 23-14. Symptoms of Rabies Printed on License; Description Supplied by Department of Health
Sec. 23-15. Vaccination Against Rabies; Revaccination; Penalty
Sec. 23-16. Issuance of Licenses; Disposition of Fees
Sec. 23-17. Accounts of Treasurer
Sec. 23-18. Lists of Dogs; Refusal to Answer Person Listing Dogs; False Answers
Sec. 23-19. Animal Control Officers; Reimbursement for Services; Contracts with Corporation to Perform Duties of Officers; Turning Over or Sale of Animals; Penalty
Sec. 23-20. Issuance of Warrant to Officers; Duties; Confinement of Dogs; Allowance for Care
Sec. 23-21. Emergency Treatment of Dogs or Cats Injured on Ways; Payment to Veterinarians
Sec. 23-22. Returns by Officers
Sec. 23-23. Form of Warrants to Officers
Sec. 23-24. Liability for Damage Caused by Dog; Minors; Presumption and Burden of Proof
Sec. 23-25. Indemnification of Law Enforcement Officers; Damages Caused by Dogs Used in Performance of Official Duties
Sec. 23-26. Killing Dogs Under Certain Conditions; Wounded Dogs
Sec. 23-27. Vicious Dogs; Nuisance; Barking or Other Disturbance; Annoyance to Sick Person
Sec. 23-28. Killing Unrestrained Dogs or Dogs in Wild State
Sec. 23-28A. Dangerous and Vicious Dogs Regulation
Sec. 23-28B. Potentially Dangerous Dogs
Sec. 23-28C. Advisory Committee (Deleted)
Sec. 23-29. Treble Damages for Injuries Caused by Dogs Ordered to be Restrained
Sec. 23-30. Killing Dogs Which Have Worried or Killed Stock or Fowl; Bond
Sec. 23-31. Damages Caused by Dogs and Paid by City; Compensation for Appraisers
Sec. 23-32. Damages Caused by Dogs Not Reimbursable; Amount of Awards
Sec. 23-33. Reward for Killing Dog or For Evidence Determining Owner
Sec. 23-34. Notice to Kill Dog Which Has Caused Damage
Sec. 23-35. Failure to Kill, Confine or Restrain Dog After Notice
Sec. 23-36. Investigators; Investigation of Damages Caused by Dogs; Settlement; Action Against Owner or Keeper; Payments Over to City
Sec. 23-37. Election of Remedy by Person Damaged
Sec. 23-38. Ordering Dogs to be Muzzled or Restrained; Killing Unmuzzled or Unrestrained Dogs
Sec. 23-39. Order to Muzzle or Restrain Dogs
Sec. 23-40. Penalty on Officer; Report of Refusal or Neglect of Officer to Perform Duties
Sec. 23-41. Liability to City of Owner or Keeper of Dog; Action
Sec. 23-42. Disposition of Balance of Dog Fund
Sec. 23-43. Disposition of Complaints for Violation of Dog Control Laws
Sec. 23-44. Killing of Dogs by Carbon Monoxide Fumes
Sec. 23-45. Restraint of Dogs in Public Highway Rest Areas; Penalty
Sec. 23-46. Restrictions Concerning Dogs
Sec. 23-47. Ordinance Regulating Dogs
Sec. 23-48. Banning Dog Defecation on Public Grounds and Private Property
Sec. 23-49. Banning Dogs from School Grounds
Sec. 23-50. Banning Dogs from Public Cemeteries

CHAPTER 23 - AN ORDINANCE REGULATING DOGS


Section 23-1. Definitions

The definitions of "adoption", "commissioner", "director", "dog fund", "Animal Control Officer", "keeper", "kennel", "license period", "livestock or fowl", "research institution", and "shelter", as provided for in Chapter 140, Section 136A, Massachusetts General Laws, are incorporated herein as part of this ordinance.

Section 23-2. Registration and Licenses

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 six months old or over which is not duly licensed, and the owner or keeper of a dog when it becomes six 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, in order to own or keep such dog after the beginning of the succeeding 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 kept in the office of the City Clerk.

The City Clerk shall not grant such license for any dog unless the owner thereof provides such City Clerk either a veterinarian's certification that such dog has been vaccinated in accordance with the provisions of Section 14, or has been certified exempt from such provision as hereinafter provided, or a notarized letter from a veterinarian that a certification was issued or a metal rabies tag bearing an expiration date indicating that such certification is still in effect.

A dog licensing official may grant an exemption from the provisions of Section 14 for any dog which has not yet attained the age of six months, any dog which the Board of Health, for a specified period of time, declared exempt upon presentation of a veterinarian's certificate stating that because of an infirmity, other physical condition or regimen of therapy, that inoculation is thereby deemed inadvisable, or any dog in transit, or dog brought into the Commonwealth temporarily for the sole purpose of showing in dog shows or exhibition.

The license shall be in a form prescribed by the City Clerk and shall be subject to the condition expressed therein that the dog which is the subject of the license shall be controlled and restrained from killing, chasing or harassing livestock or fowls. The owner of any dog may add descriptive words, not over ten in number, upon the license form to indicate the color, breed, weight and special markings of the licensed dog. 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 the City Clerk, and upon which shall appear the license number, the name of the City and the year of issue. Such tags shall be furnished in the same manner as the license blanks, and if any such tag shall be lost, the owner or keeper of such dog shall forthwith secure a substitute tag from the City Clerk. This section shall not apply to a person having a kennel license.

Section 23-3. Kennel Licenses

Every person maintaining a kennel shall have a kennel license. Any owner or keeper of less than four dogs, three months old or over, who does not maintain a kennel may select to secure a kennel license in lieu of licensing such dogs under Section 2, and during such time as he/she does not license such dogs thereunder, shall have a kennel license and shall be subject to this section and to Sections 4 and 5 and to so much of Section 11 as relates to violations of this section, Section 4 and Section 5, to the same extent as though he/she were maintaining a kennel; all references being to Chapter 140, Massachusetts General Laws. Kennel licenses under this section shall be issued by the City Clerk.

Such license shall be in a form prescribed by the City Clerk. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a kennel shall cause each dog kept therein to wear, while it is at large, a collar or harness of leather or other suitable material, to which shall be securely attached a tag upon which shall appear the number of such kennel license, the name of the City and the year of issue. Such tags shall be in a form prescribed by the City Clerk and shall be furnished to such owner or keeper by the City Clerk in quantities not less than the number of dogs kept in such kennel. The fee for each license for a kennel shall be Ten Dollars ($10.00) if not more than four dogs are kept in said kennel, Twenty-Five Dollars ($25.00) if more than four but not more than ten dogs are kept therein, and Fifty Dollars ($50.00) if more than ten dogs are kept therein; provided, that, for the purpose of determining the amount of such fee for any kennel, dogs under the age of six months shall not be counted in the number of dogs kept therein. The name and address of the owner of each dog kept in any kennel, if other than the person maintaining the kennel, shall be kept on file thereat and available to inspection by any Animal Control Officer, natural resource officer, deputy natural resource officer, fish and game warden, or police officer.

The City Clerk shall, upon application, issue, without charge, a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse and for the relief of suffering among animals.

Any holder of a license for a kennel in the City may remove his/her kennel to a location in any other City in Essex County, with the written approval of such new location of the mayor or selectmen of the City to which he/she removes his/her kennel. Before such removal, he/she shall deliver to the Clerk of the City into which he/she intends to remove his/her kennel the written approval of the mayor or selectmen thereof and his/her original license, and the Clerk shall thereupon, on payment of a fee, issue to him a new license covering the new location for the balance of the period of the original license.


Section 23-4. Sale or Other Delivery of Unlicensed Dog by Kennel Licensee

Every holder of a kennel license, on delivering an unlicensed dog to a purchaser or to any other person, shall attach to such dog a collar or harness which shall carry a tag marked with the name and address of such kennel license, and a number, which number shall be properly recorded on the records of such licensee, and shall also furnish to the person to whom the dog is delivered a certificate bearing the same number and a description of the dog. Such certificate shall bear the date of purchase, exchange or gift and, with the tag, shall, for a period of two weeks following such date, be a legal substitute for a license. The purchaser or other recipient of a dog shall, within two weeks of the purchase or receipt of such dog, either return the same to the licensee from whom it was received, together with the collar or harness, tag and certificate, or return to such licensee said tag, and a certificate signed by the Clerk of the City where the dog is to be kept and certifying that the dog has been licensed in the name of such purchaser or recipient or of some other person. If any such purchaser or recipient fails to comply with the preceding sentence, such licensee shall notify the City Clerk of the purchase, exchange or gift of such dog and shall furnish to such Clerk the date thereof, and the name and address of the purchaser or recipient.

Section 23-5. Inspection of Kennels; Revocation, Suspension and Reinstatement of License; Nuisance

The Chief of Police or the Animal Control Officer may at any time inspect or cause to be inspected any kennel and if, in their or his/her judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the City Clerk shall by order revoke or suspend, and in case of suspension, may reinstate such license. Upon the petition of twenty-five citizens, filed with the Mayor, 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 the excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, said Mayor, 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 Mayor shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. Written notice of any order under this section, revoking, suspending or reinstating a license shall be mailed forthwith to the City Clerk and to the holder of such license. Within ten days after such order, the holder of such license may bring a petition in the district court within the judicial district of which such kennel is maintained, addressed to the justice of the court, praying that the order may be reviewed by the court, and, after such notice to the officer or officers involved as the court may deem necessary, it shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. The decision of the court shall be final and conclusive upon the parties. Any person maintaining a kennel after the license therefore has been so revoked, or while such license is so suspended, shall be punished by a fine of not more than Fifty Dollars ($50.00) for each day or part thereof they remain in violation; each day or part thereof constituting a new offense.

Section 23-6. Licensee Convicted of Violation of Statutes Relating to Offenses Against Animals

Unless otherwise specifically provided by law, every license and tag issued under the provisions of Sections 137 and 137A of Chapter 140, Massachusetts General Laws, or this ordinance relative to the licensing of dogs made under the authority of this Chapter, held by any person found guilty of, or penalized in any manner for, a violation of any provision of Sections 77, 80A, 94 or 95 of Chapter 272, Massachusetts General Laws, shall be void, and shall immediately be surrendered to the authority issuing such license and tag.

The Clerk of the court in whose jurisdiction such finding has been made shall notify the City Clerk.

No person shall be given a license and tag under authority of this ordinance or Sections 137 and 137A of Chapter 140, Massachusetts General Laws, during a period of two years from the date of his/her being found guilty or penalized as aforesaid, and any such license and tag so issued shall be void and shall be surrendered on demand of any authority granting such license and tag. No fee received for a license and tag made void under this section shall be refunded to the holder thereof.

Section 23-7. Change of Owner or Keeper of Licensed Dog; Dog Brought Into Methuen

A person who, during any license period, becomes the owner or keeper of a dog which is duly licensed in the City shall forthwith give notice, in writing, to the City Clerk that he/she has become such owner or keeper and said City Clerk shall change the record of such license to show the name and address of the new owner or keeper. Any person bringing or causing to be brought from another municipality any dog licensed under the laws thereof which is three months old or over or will be three months old before the expiration of thirty days therefrom shall, on or before the expiration of thirty days following the arrival of such dog within the City, cause such to be registered, numbered, described and licensed for the remainder of the then current license period.

Section 23-8. Importation of Dogs and Cats for Commercial Resale; Health Certificates; Violations

All dogs or cats brought or shipped into the City for commercial resale shall be inoculated against distemper not more than thirty nor less than seven days before entry and shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the Commissioner of Agriculture. If such certificate is unavailable in the state of origin, then a similar examination and certification shall be made within fourteen days of the arrival of the animal in the City.

An official health certificate shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin, containing the names and addresses of the consignor and consignee, or in the case of examination after entry into the Commonwealth, the name of the consignee. The certificate or form shall also show age, sex, breed and description of each dog or cat and that the dogs are free from visual evidence of communicable disease such as kennel cough, Infectious Tracheo-bronchitis, canine distemper, external and intestinal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, and intestinal parasites, distemper, feline panleukipenia, and feline respiratory infections and feline distemper.

Dogs or cats purchased within the City for resale by commercial establishments or pet shops shall be accompanied by a health certificate issued by an accredited veterinarian. The certificate shall show age, sex, breed, and description of each dog or cat and that the dogs are free from visual evidence of communicable diseases such as kennel cough, Infectious Tracheo-bronchitis, canine distemper, external and internal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, intestinal parasites, and feline respiratory infections and feline distemper.

No commercial establishment, pet shop, firm or corporation shall import into the City, for sale or resale in the Commonwealth, any cat or dog less than eight weeks of age.

All dogs or cats imported for resale shall be held in isolation by the importer for a period of five days prior to offering for sale.

All dogs or cats sold in the City by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating dates and types of vaccine administered.

Whoever is convicted of a violation of any of these sections may be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00) for each such offense for each day or part thereof they remain in violation; each day or part thereof constituting a new offense. In addition thereto, or in lieu thereof, the City Clerk may, after notice and hearing, revoke or suspend a pet shop, kennel, and boarding kennel license providing any person, firm or corporation maintaining such pet shop, kennel and boarding kennel violates any of these regulations.

Any person, firm or corporation aggrieved by an order under this section may, by petition, appeal within thirty days to the superior court where said person resides, or where the firm or corporation is located. Such person shall, in substance, state the findings by the Clerk and the grounds of appeal and said court shall consider said proceedings de novo and the parties thereto shall have right of exception and appeal.

Nothing in this ordinance shall be construed to prohibit the temporary importation of dogs for racing or field trials or the temporary importation of dogs or cats for show purposes, nor shall it prohibit the importation of dogs and cats as pets by individual owners.

Section 23-9. Fees; Certificate or Statement That Dog Has Been Spayed; Dogs Serving Blind or Deaf Persons; Refunds

The fee for every license shall, except as otherwise provided, be Fifteen Dollars ($15.00) for a male dog, unless a certificate of a registered veterinarian who performed the operation neutering said dog and thereby depriving it of the power of propagation has been shown to the City Clerk, in which case the fee shall be Ten Dollars ($10..00).

The fee for every license shall, except as otherwise provided, be Fifteen Dollars ($15.00) for a female dog, unless a certificate of a registered veterinarian who performed the operation spaying said dog and thereby depriving it of the power of propagation has been shown to the City Clerk, in which case the fee shall be Ten Dollars ($10.00).

If the City Clerk is satisfied that the certificate of the veterinarian who spayed the dog cannot be obtained, he/she may accept in lieu thereof a statement signed under the penalties of perjury by a veterinarian registered and practicing in the Commonwealth, describing the dog and stating that he/she has examined such dog and that it appears to have been, and in his/her opinion has been, spayed and thereby deprived of the power of propagation or a receipt of a bill from the veterinarian who performed the operation that spayed such female dog. No fee shall be charged for a license for a dog specially trained to lead or serve a blind person; provided, that the Massachusetts Commission for the Blind certifies that such dog is so trained and actually in the service of a blind person. No fee shall be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided, that the Director of the Office of Deafness certifies that such dog is so trained and actually in the service of the deaf person. No license fee or part thereof shall be refunded because of the subsequent death, loss, spaying or removal from the City, or other disposal, of the dog, nor shall any license fee or part thereof paid by mistake be paid or recovered back after it has been paid over to the City.

(Amended by Ord. #523, Eff. December 21st, 1994; as further amended by Ord. #753, Eff. July 1st, 2003)

Section 23-10. Shelters; Sale or Gift of Dog or Cat Not Spayed or Neutered

No shelter shall sell or give away any dog or cat that has not been spayed or neutered, unless a deposit of not less than Ten Dollars ($10.00) nor more than Thirty Dollars ($30.00) for spaying or neutering such dog or cat has been tendered to the shelter. The shelter may make appropriate arrangements for the spaying or neutering of such dog or cat by a licensed veterinarian, or may return the deposit to the person purchasing or receiving the dog or cat upon presentation of a written statement or receipt from a veterinarian or clinic that the dog or cat has been spayed or neutered by a licensed veterinarian.

Any dog or cat six months of age or older at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days, or the deposit shall be deemed unclaimed. Any dog or cat under six months of age at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days after reaching six months of age, or the deposit shall be deemed unclaimed.

Any deposit not claimed under this section shall be used only for the following purposes:

(1) a public education program to prevent overpopulation of dogs or cats;

(2) a program to spay or neuter dogs or cats;

(3) a follow-up program to assure that animals sold or given away by the shelter are spayed or neutered; or

(4) costs incurred under this section.

Section 23-11. Violation of Ordinance

Whoever violates any provision of Sections 2, 3, 4 or 7 shall forfeit not less than Fifty Dollars ($50.00) for each day or part thereof they remain in violation; each day or part thereof constituting a new offense; which money shall be paid to the Treasurer. If the dog as to which such violation occurs was unlicensed at the time of such violation, the court shall impose the forfeiture provided herein.

Section 23-12. Application of Law; Exception

Sections 2 to 11, inclusive, shall not apply to any institution licensed under the provisions of Chapter 49A, Massachusetts General Laws.

Section 23-13 Application of Law; Licensed Pet Shops Exempted

Sections 2 to 11, inclusive, shall not apply to any pet shop, the owner of which is licensed under the provisions of Section 39A of Chapter 129, Massachusetts General Laws.

Section 23-14. Symptoms of Rabies Printed on License; Description Supplied by Department of Health

Every license issued to the owner of a dog shall have a description of the symptoms of rabies printed thereon. Such description shall be supplied by the Department of Public Health of the Commonwealth to the Director of Accounts upon application therefor.

Section 23-15. Vaccination Against Rabies; Revaccination; Penalty

Whoever is the owner or keeper of a dog six months of age or older shall cause such dog to be vaccinated against rabies by a licensed veterinarian using a vaccine approved by the Department of Public Health of the Commonwealth. Such owner or keeper shall procure a veterinarian's certification that such dog has been so vaccinated and setting forth the date of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certification was issued or a metal rabies tag bearing an expiration date indicating that such certification is still in effect.

Unvaccinated dogs acquired or brought into the City shall be vaccinated within thirty days after acquisition or entry into the City or upon reaching the age of six months, whichever comes later.

Vaccinated dogs shall be re-vaccinated periodically in accordance with rules and regulations adopted and promulgated by the Department of Public Health of the Commonwealth.

Whoever violates the provisions of this section shall be punished by a fine of not more than Fifty Dollars ($50.00) for each day or part thereof they remain in violation; each day or part thereof constituting a new offense.

Section 23-16. Issuance of Licenses; Disposition of Fees

The City Clerk shall issue said licenses and tags, receive the money therefore and pay into the treasury of the City within the first five working days of each month, or more often, and shall certify under penalties of perjury to the amounts of money thus received and paid over by him. All such licenses shall bear the date of issue and no other. The City Clerk shall make a record, in books kept therefore, of each license issued by him, of the name of the owner or keeper of each dog licensed, and of the name, registered number and description of each such dog, and such books shall be open to public inspection during the usual office hours of such City Clerk. All blanks for such licenses and tags and all such record books shall be paid for out of the dog fund. All payments required hereunder shall be subject to the provisions of Section 52 of Chapter 41, Massachusetts General Laws.

Section 23-17. Accounts of Treasurer

The City Treasurer shall keep an accurate and separate account of all money received and expended by him under the provisions of this Chapter relating to dogs.

Section 23-18. Lists of Dogs; Refusal to Answer Person Listing Dogs; False Answers

Persons authorized or directed by Section 4 of Chapter 51, Massachusetts General Laws, or by any special law, to make lists of residents three years of age or older shall make a list of all dogs owned by the inhabitants at the time of making lists required under such section and return the same in duplicate to the City Clerk. An owner or keeper of a dog who refuses to answer or answers falsely to persons directed or authorized to make a list of the owners of dogs shall be punished by a fine of not less than One Hundred Dollars ($100.00) which shall be paid into the City Treasury.


Section 23-19. Animal Control Officers; Reimbursement for Services; Contracts with Corporation to Perform Duties of Officers; Turning Over or Sale of Animals; Penalty

The Mayor shall annually, on May first, designate one or more Animal Control Officers, who may be police officers or constables and who, except as herein provided, shall hold office for one year or until their successors are qualified. Any Animal Control Officer who fails to comply with the terms of his/her warrant shall forthwith be removed from office by the Mayor. Animal Control Officers, other than those employed under regular pay, shall receive from the Treasurer Two Dollars ($2.00) for each dog killed, as provided in Section 20, in full compensation for their services; provided, however, that any Animal Control Officer shall, prior to engaging in execution of animals, have completed, under the supervision of a veterinarian registered under the provisions of Section 55 or 56C of Chapter 112, Massachusetts General Laws, a course of instruction in humane techniques for the execution of animals. Each Animal Control Officer, before disposing of any dog in his/her possession, shall check its description against the descriptions issued on dogs licensed within the City. Bills for such services shall be approved by the Mayor. Each Animal Control Officer appointed under this section shall also attend to all complaints or other matters pertaining to dogs in the City, in addition to the duties imposed upon him by his/her warrant, and shall be paid for such services by the City Treasurer upon bills approved by the Mayor. The Mayor may, instead of appointing Animal Control Officers as hereinbefore provided, enter into a contract with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse, to perform the duties required of Animal Control Officers, which contract shall be subject to the approval of the City Solicitor. In any such case, the payments to such corporation under the terms of the contract shall be in full for all services rendered by it in such capacity.

No Animal Control Officer shall be a licensed animal dealer registered with the United States Department of Agriculture, and no Animal Control Officer, either privately or in the course of carrying out his/her official assignments as an agent for his/her municipality, shall give, sell or turn over any animal which may come into his/her custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. The City shall not give, sell or turn over any animal which may come into its custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. Whoever violates the provisions of this paragraph shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00).

Section 23-20. Issuance of Warrant to Officers; Duties; Confinement of Dogs; Allowance for Care

The Mayor shall annually, within ten days after June first, issue a warrant to such Animal Control Officer or officers directing him or them to seek out, catch and confine all dogs within the City which then have not been licensed, collared or harnessed, and tagged, as required by this Chapter, and to enter and prosecute a complaint for failure to comply with the provisions of this Chapter against the owners or keepers thereof, if known, and to kill or cause to be killed by methods of execution other than gunshot, except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the Federal Drug Enforcement administration, unless by a veterinarian, succinylcholine cholide, any drugs that have curariform-like action, electrocution or any other method which causes an unnecessarily cruel death each such dog which after being detained by or for him for a period of ten days shall not then have been licensed, collared or harnessed, and tagged; provided that, at the end of ten days, such Animal Control Officer may make available for adoption any male or any spayed female dog not found to be diseased, for a sum not less than Three Dollars ($3.00) and shall keep an account of all moneys received by him for such adoption and shall forthwith pay over such sums to the City Treasurer who shall deposit the same in the dog fund. Before delivery of any dog so adopted, such Animal Control Officer shall require the purchaser to show identification and to procure a license and tag for such dog from the City Clerk. Dogs confined under authority of this section shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition, or they may be placed in the care of the holder of a kennel license or of a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. The Mayor, from time to time, shall cause all such places to be inspected and shall make necessary orders in relation thereto. An Animal Control Officer having custody of a confined dog shall be allowed the sum of Three Dollars ($3.00) per day for the care of such dog, payable by the owner or keeper thereof, if known, otherwise, from the dog fund.

Every Animal Control Officer shall make, keep, and maintain systems of records or forms which fully and correctly disclose the following information concerning each animal in his/her custody:

The date and location of each apprehension; a description of each animal; place of confinement; if tagged, the name and address of owners of such animal; name and address of new owner, including the date of sale or transfer of such animal; and, if animal is destroyed, the Animal Control Officer shall record the method and date of destruction and the name of the person who executed such animal. Every Animal Control Officer shall forward a copy of said record to the City Clerk as soon as possible. Copies of such record shall, for a period of two years, be kept in the office of the City Clerk.

Section 23-21. Emergency Treatment of Dogs or Cats Injured on Ways; Payment to Veterinarians

Any veterinarian registered under the provisions of Sections 55 or 55A of Chapter 112, Massachusetts General Laws, who renders emergency care or treatment to, or disposes of, a dog or cat that is injured on any way, shall receive payment from the owner of such dog or cat, if known, or if not known, from the dog fund, in an amount not to exceed Twenty Dollars ($20.00) for such care, treatment or disposal; provided, however, such emergency care, treatment or disposal shall be for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of twenty-four hours, whichever is sooner. Any veterinarian who renders such emergency care or treatment to, or disposes of such dog or cat shall notify the Animal Control Officer, and, upon notification, such Animal Control Officer shall assume control of such dog or cat.

Section 23-22. Returns by Officers

Each police officer, constable or Animal Control Officer to whom such warrant is issued shall make returns, on or before October first, on or before January first, and on or before April first, in each year, and at the expiration of his/her term of office, to the Mayor, and shall state in said returns the number of dogs which he/she has caught, confined or killed, or made available for adoption, the names of the owners or keepers thereof and whether all unlicensed dogs in his/her City have been caught, confined or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of this Chapter relating to dogs, and whether complaints have been entered against all of the persons who have failed to comply therewith since the previous report.

Section 23-23. Form of Warrants to Officers

The aforementioned warrant shall be in the following form:

CITY OF METHUEN

(Seal)

Essex, ss.

To ______________________________, Constable of the City of Methuen

In the name of the City of Methuen, you are hereby required to proceed forthwith to seek out, catch and confine all dogs within said City not duly licensed, collared or harnessed, and tagged, according to the provisions of Chapter 23 of the Methuen Municipal Code, and you are further required to make and enter complaint against the owner or keeper of every such dog, and to kill or cause to be killed by methods of execution other than gunshot, except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the Federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have a curariform-like action, electrocution, or any other method which causes an unnecessarily cruel death, each dog which after being detained for a period of ten days, shall not then have been duly licensed, collared or harnessed, and tagged, except that any male or any spayed female dog not found to be diseased may be made available for adoption for not less than Three Dollars ($3.00), and you shall keep an account of any such adoption and forthwith pay over the money to the City Treasurer. Before delivery of any dog so adopted, you shall require the purchaser to show identification and to register and procure a license and tag for such dog from the City Clerk, in accordance with the provisions of Section 2 of Chapter 23, Methuen Municipal Code.

HEREOF FAIL NOT, and make due return of this warrant with your doings therein, on or before the first day of October next, on or before the first day of January next, and on or before the first day of April next, and at the expiration of your term of office, stating the number of dogs caught, confined and/or killed, or adopted, and the name of the owners or keepers thereof, and whether all unlicensed dogs in said City have been caught, confined and/or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of said Chapter 23 of the Methuen Municipal Code, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said Chapter 23.

Given under my hand and seal at _______________________________________ aforesaid, the __________ day of _____________________ in the year two thousand and ______________________.


____________________________
Mayor of the City of Methuen

Section 23-24. Liability for Damage Caused by Dog; Minors; Presumption and Burden of Proof

If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

Section 23-25. Indemnification of Law Enforcement Officers; Damages Caused by Dogs Used in Performance of Official Duties

If an action is brought against a law enforcement officer because of damage caused by a dog which said officer was caring for or maintaining in connection with his/her office duties, the City employing said officer shall indemnify him for expenses or damages incurred in the settlement or defense of such action; provided that such settlement or defense shall have been made by the City Solicitor.

Section 23-26. Killing Dogs Under Certain Conditions; Wounded Dogs

Any person may kill a dog which suddenly assaults him/her while he/she is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his/her immediate care in the act of worrying, wounding or killing persons, livestock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, livestock or fowls, he/she shall not be held liable for cruelty to the dog unless it shall be shown that he/she intended to be cruel to the dog, or that he/she acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to then owner or to an Animal Control Officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

Section 23-27. Vicious Dogs; Nuisance; Barking or Other Disturbance; Annoyance to Sick Person

If any person shall make complaint, in writing, to the Chief of Police that any dog owned or harbored within his/her jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, or that any such dog by such barking or other disturbance is a source of annoyance to any sick person residing in the vicinity, such Chief of Police shall investigate or cause to be investigated such complaint, including an examination on oath of the complainant, and may make such order concerning the restraint or disposal of such dog as may be deemed necessary. Within ten days after such order, the owner or keeper of such dog may bring a petition in the district court within the judicial district of which the dog is owned or kept, addressed to the justice of the court, praying that the order may be reviewed by the court, or magistrate thereof, and after such notice to the officer or officers involved, as the magistrate deems necessary, the magistrate shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. Any party shall have the right to request a de novo hearing on the petition before a justice of the court. The decision of the court shall be final and conclusive upon the parties. Any person owning or harboring such dog who shall fail to comply with any order of the Chief of Police or district court, as the case may be, shall be punished by a fine of not more than One Hundred Dollars ($100.00) for the first offense and not more than Two Hundred Dollars ($200.00) for a second or subsequent offense.

The act of a dog in attacking or biting another dog or other animal may be made the subject of a complaint under the provisions of this section.

Magistrates shall exercise their authority hereunder subject to the limitations of Section 62C of Chapter 221, Massachusetts General Laws.

Section 23-28. Killing Unrestrained Dogs or Dogs in Wild State

Any police officer, constable or Animal Control Officer shall kill a dog which the Chief of Police, or, upon review, the district court, shall have ordered to be restrained if such dog is again found outside the enclosure of its owner or keeper and not under his/her immediate care, and may kill a dog which is living in a wild state.

Section 23-28A. Dangerous and Vicious Dogs Regulation

A. In addition to the remedies provided in the above entitled sections, and, specifically that relating to Section 23-27, the Chief of Police, or his designee, upon a complaint in writing, may determine that a dog is a "dangerous dog" or "vicious dog" within the meaning of this section and, as a result thereof, require compliance by the owner of such dangerous or vicious dog of the provisions herein listed. In the instance where the Chief of Police, or his designee, shall determine that a dog is dangerous within the meaning of the ordinance, he/she shall, within a period of forty-eight (48) hours, serve written notice to the Methuen City Council listing the name and address of the animal, including its owner, and providing the reasoning for the determination, consistent with the ordinance.

(a) Definition. A "dangerous dog" or "vicious dog", as used in this section, shall mean:

(1) Any dog that has bitten or attacked any person or has attempted to bite or attack any person. A dog shall be deemed to be attempting to attack, if it is restrained by a leash, fence or other means, and it is clear from the dog's excited actions that only the presence of the leash, fence, or other means of restraint is preventing the dog from making an immediate attack; or

(2) Any dog with a propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of domestic animals; or any dog which attacks a human being or domestic animal on two or more occasions without provocation and without justification; or

(3) Any dog whether leashed or not, which, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

(4) Any dog owned or harbored primarily or in the part for the purpose of dog fighting or any dog trained for dog fighting; or

(5) Any dog owned or harbored on property known for drug trafficking or gang activity and shows an aggressive temperament; or

(6) The determination that a dog is dangerous or vicious under this section shall be in the discretion of the Chief of Police and/or the Animal Control Officer and the Chief of Police and/or Animal Control Officer shall notify the owner(s), direct abutters of the owner (s) and owners of land directly opposite on any public or private street or way of any such determination.

(b) Exceptions where dog shall not be considered dangerous or vicious:

1. A human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime.

2. A domestic animal, which, at the time the injury was sustained, was tormenting, abusing or assaulting the dog.

3. A domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, and the injury was to a species or type of domestic animal appropriate to the work of the dog.

4. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.

5. The actions of the dog under consideration occurred under official duties as a military, correctional, or law enforcement dog.

6. In the discretion of the Chief of Police, or his designed, Animal Control Officer, the dog acted in reaction to pain or injury; or was protecting itself, its kennel or its offspring.

B. Duties of Owner when dog is determined to be dangerous.

(a) Outdoor Confinement: 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 animal from escaping. Such pen or structure must be at least ten (10) feet from the property line, must have a minimum dimension of five (5) feet by ten (10) 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 (2) feet. The enclosure must also provide protection from the elements for the dog. Animal Control Officer shall verify compliance with this section by an on-site inspection and, if necessary, shall require Owner to further secure structure.

The Owner or keeper shall display signs on his/her 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 20 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 dog.

A dangerous dog may be off the owner's premises if it is muzzled and restrained by an approved lead not exceeding four (4) feet in length and is 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 cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

(b) Indoor confinement. No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.

(c) Insurance. The owner or custodian of any vicious dog shall maintain a policy of insurance in an amount not less than $100,000 per incident insuring such person against any claim, loss damage, or injury to humans being resulting from the acts of such dog. Such person shall produce evidence of the required insurance, which may include a rider or binder, upon the request of the Chief of Police, or his designed, an Animal Control Officer. This section shall not apply to dogs kept by law-enforcement agencies.

(d) Licensing Surcharge. The annual licensing fee for a dangerous dog shall include a $50.00 surcharge in addition to the regular licensing fee. The surcharge required by this provision shall be enforced by the Animal Control Officer.

(e) 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 four (4) feet.

C. Duties of Municipal Agents when dog is deemed dangerous.

(a) When a dog is deemed to be dangerous or vicious, the Chief of Police, his/her designee, shall order the Owner to submit written verification to confirm any or all of the following;

1. Spay or neutering, if the animal is not already altered. The animal will be exempt from such an order if a veterinarian certifies in a written statement that the animal is unfit for alterations because of medical condition(s).

2. Microchip identification, the mode of which shall be designated by the Animal Control Officer, if the animal is not already micro chipped.

3. Behavior training from an approved trainer as determined by the Animal Control Officer and/or the Chief of Police or his designee; the cost of said training shall be borne by the owner.

4. Rabies vaccination, as required by Chapter 140 § 145B of the General Laws, if the animal is not up to date on its annual vaccinations, as certified by a licensed veterinarian.

(b) The owner of any dangerous or vicious dog, if said animal is found on property not owned or controlled by its owner, or not restrained in a secure area per Section B (a), shall be subject to a fine of fifty dollars ($100.00) for the first offense and a fine of one hundred dollars ($100.00), for second offenses, a mandatory hearing shall be held by the Chief of Police or his designee to determine whether said animal shall be forever banned within the limits of the City of Methuen. Upon re-location of the animal the owner thereof shall notify the Animal Control Officer of the new location. Said Officer shall then forward all documentation maintained by the City of Methuen, regarding the animal to his/her official counterpart at the new location.

(c) Owners of dangerous or vicious dogs found within the City of Methuen and not properly registered shall be subject to a fine of fifty dollars ($50.00). Said animal shall be forever banned from within the limits of the City unless the Owner within ten (10) days of said finding registers said dog.

(d) Each day there exists a violation of any of the provisions of this ordinance the same shall constitute and be punishable as a separate offense.

(e) Any dog for which the Chief of Police, or his designed, Animal Control Officer of the City or county has verified report of having attacked or bitten any person shall be considered a dangerous or vicious dog. A copy of any such report shall be forwarded to the City Clerk for filing and such dog shall not be re-registered in the City unless the owner is in full compliance with this ordinance.

(f) 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.

(g) All notice and hearing procedures will be carried out in conformance with Massachusetts General Laws, Chapter 140, Section 157.

(h) Owners of all potentially dangerous dogs or dogs previously designated as potentially dangerous who re-locate or move to the City of Methuen from another community shall notify the Animal Control Officer and Advisory Committee of a description of such dog and said designation. Failure to so notify may result in fine as provided in Section C(c).

(i) Owners of all potentially dangerous dogs or dogs previously designated as potentially dangerous who relocate or move from the City of Methuen to another community shall notify the Animal Control Officer and Advisory Committee of the City of Methuen and the Animal Control Officer of that community to which the owners are moving, or person have like duties, of a description of such dog and said designation.

Section 23-28B. Potentially Dangerous Dogs

(a) Definition. A "potentially dangerous dog" as used in this section, shall mean:

1. Any dog that acts in a highly aggressive manner, when unprovoked, within a fenced yard or enclosure and appears to the Animal Control Officer to be able to jump over or escape. Vocalization or barking, without more, shall not cause a dog to be deemed of a highly aggressive manner.

2. Any dog owned by a person cited more than once, in a 12-month period, for allowing said dog to run at large in any public streets or places in the City or upon the premises of anyone other than the owner or keeper without said owner's or occupant's permission.

3. The determination that a dog is potentially dangerous under this section shall be in the discretion of the Animal Control Officer and/or the Chief of Police, or his designee, shall notify the owner of any such determination.

(b) Duties of Animal Control when dog is deemed potentially dangerous. When a dog is deemed to be potentially dangerous, the Chief of Police, or his/her designee may order the Owner to submit written verification to confirm any or all of the following:

1. A dog may be spayed or neutered, if the animal is not already altered. The animal will be exempt from such an order if a veterinarian certifies in a written statement that the animal is unfit for alterations because of medical conditions.

2. Microchip identification, if the animal is not already micro chipped or other acceptable permitting as approved by the City.

3. Behavior training from an approved trainer, as determined by the Animal Control Officer and/or the Chief of Police or his designee. The costs of said training shall be borne by the Owner: and

4. Rabies vaccination as required by Chapter 140 § 145B of the General Laws, if the animal is not up to date on its annual vaccinations, as certified by a licensed veterinarian.

5. The owner provides adequate security to the premises where the potentially dangerous dog is kept, as specifically described in writing to the owner by the Animal Control Officer. Said owner must comply within 60 days of receiving description.

6. After two (2) years of compliance the dog will not be considered potentially dangerous.

(c) Persons responsible. No person under the age of 18 shall own, handle, control or be responsible for a potentially dangerous dog.

(d) Signs. All owners, keepers, or haborers of potentially dangerous dogs shall display in prominent place on their premises a sign easily readable by the public, using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such dog.

(e) Licensing surcharge. The annual licensing fee for a potentially dangerous dog shall include a $25 surcharge in addition to the regular licensing fee. The Animal Control Officer shall enforce the surcharge required by this provision.

(f) Penalties. After 30 days of being notified that a dog is potentially dangerous, any owner found not in compliance with any of the provisions of this section, except for section b (5) for which violations found after 60 days of said notification, shall be subject to a $100 fine for any first offense; $200 for any second offense; and $300 for any offense thereafter. Each day that the owner is not in compliance shall constitute a separate offense. Failure to so comply after due notice may result in application by the City for hearing before the clerk of the District Court and/or any other enforcement measures as further provided in Massachusetts General Laws, Chapter 40, § 21D and Chapter 17 of the Methuen Municipal Code.

Section 23-28C. Advisory Committee (deleted)

Section 23-29. Treble Damages for Injuries Caused by Dogs Ordered to be Restrained

If a dog which the Chief of Police, or, upon review, the district court, shall have ordered to be restrained shall wound any person, or shall worry, wound or kill any livestock or fowls, the owner or keeper of such dog shall be liable in tort to the person injured thereby in treble the amount of damages sustained by him.

Section 23-30. Killing Dogs Which Have Worried or Killed Stock or Fowl; Bond

The Mayor, or his/her 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 them 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 Four Hundred Dollars ($400.00), with sufficient sureties, approved by the Mayor, conditioned that the dog shall be restrained for twelve months next ensuing. And if the owner or keeper of the dog declares his/her intention to give such a bond, said Chief of Police, or his/her agents, shall allow him/her seven days, exclusive of Sunday and holidays, in which to procure and prepare the same and to present it to them, or to file it with the City Clerk.

Section 23-31. Damages Caused by Dogs and Paid by City; Compensation for Appraisers

Whoever suffers loss by the worrying, maiming or killing of his/her livestock or fowls by dogs, outside the premises of the owners or keepers of such dogs, may, if the damage is done in the City, inform the officer of police who shall be designated to receive such information by the authority appointing the police, and, if the damage is done in the City, may inform the Mayor, or, if he/she is absent or ill, the Chairman of the City Council, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof if it does not exceed Three Hundred Dollars ($300.00). If, in the opinion of said officer of police or the Mayor, the amount of said damage exceeds Three Hundred Dollars ($300.00), the damage shall be appraised on oath by three persons, of whom one shall be such officer of police, one shall be appointed by the person alleged to be damaged, and the third shall be appointed by the other two. The said appraisers shall consider and include in such damages the labor and time necessarily expended in the finding and collecting of the livestock or fowls injured or separated and the value of those lost or otherwise damaged by dogs. The said officer of police or the Mayor shall return a certificate of the damages found to the Treasurer within ten days after such appraisal is made. The Treasurer shall thereupon submit the same to the Mayor who, within thirty days, shall examine all bills for damages, and may, upon his/her own motion or upon request of an interested party, summon the appraisers and all parties interested and make such investigation as they may think proper, and shall issue an order upon the Treasurer for such amounts, if any, as they decide to be just and shall notify all interested parties of their decision. The Treasurer shall pay all orders drawn upon him in full, for the above purpose, and for the expenses of appraisal out of any money in the City Treasury, and payments made therefore shall be charged to the dog fund. The appraisers shall receive from the City Three Dollars ($3.00) each for every such examination made by them, and also Twenty Cents ($.20) a mile one way for their necessary travel.

Section 23-32. Damages Caused by Dogs Not Reimbursable; Amount of Awards

No owner of livestock or fowls shall be reimbursed for damages inflicted by his/her own dog or dogs; nor shall he/she be reimbursed for any damage by any dog if, at the time such damage was inflicted, he/she was himself/herself the owner or keeper of an unlicensed dog of the age of three months or older. No reimbursement shall be made on account of damages by a dog to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge and other livestock or fowls determined by the Department of Fisheries, Wildlife and Environmental Law Enforcement to be wild unless they are kept by, or under permit from, said department, nor unless they shall be kept in proper houses or in suitable enclosed yards. No reimbursement shall be made for damage by a dog to dogs, cats and other pets. Awards shall in no case exceed the fair cash market value of such livestock or fowls.

Section 23-33. Reward for Killing Dog or For Evidence Determining Owner

The City Council may offer a reward of not more than Twenty-Five Dollars ($25.00) for the killing of any dog found worrying, maiming or killing livestock or fowls, thereby causing damages for which their owner may become entitled to compensation under Section 32, or for evidence which shall determine to the satisfaction of such City Council who is the owner or keeper of a dog which has been found to have so worried, maimed or killed any livestock or fowls.

Section 23-34. Notice to Kill Dog Which Has Caused Damage

If the City Council determines, after notice to parties interested and a hearing, who is the owner or keeper of any dog which is found to have worried, maimed or killed any livestock or fowls, thereby causing damages for which their owner may become entitled to compensation from the dog fund under Section 32, they shall serve upon the owner or keeper of such dog a notice directing him within twenty-four hours to kill or confine the dog.

Section 23-35. Failure to Kill, Confine or Restrain Dog After Notice

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/her premises or under the immediate restraint and control of some person, shall be punished by a fine of not more than Twenty-Five Dollars ($25.00); and any Police Officer, constable or Animal Control Officer may kill such dog if it is found outside of the enclosure of its owner or keeper and not under his/her immediate care.

Section 23-36. Investigators; Investigation of Damages Caused by Dogs; Settlement; Action Against Owner or Keeper; Payments Over to City

The Mayor shall appoint one, and may appoint not more than four suitable persons, all residents of the City, any one of whom shall, at the request of said Mayor or officer of the police designated as provided in Section 32, investigate any case of damages done by a dog of which the Mayor or officer shall have been informed as provided in said section; and, if he/she believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog as provided in said section, and, believes that such owner or keeper is able to satisfy any judgment recovered in such action, he/she shall bring the action, unless the owner or keeper, before action brought, pays him/her such amount in settlement of the damage as he/she deems reasonable. Such action may be brought in his/her own name and in the county where he/she resides, and he/she shall prosecute it. The persons so appointed shall also have, throughout their respective counties, the same powers and authority as police officers, constables or dog officers appointed under provisions of Section 19, acting under Sections 2 et seq. All damages received or recovered under this section shall be paid over to the Treasurer and placed to the credit of the dog fund. The Treasurer shall pay out of the dog fund such reasonable compensation as the Mayor shall allow for services and necessary expenses under this section and the reasonable expense of prosecuting the said actions. The persons appointed hereunder may be removed at any time by the Mayor.

Section 23-37. Election of Remedy by Person Damaged

The owner of livestock or fowls which have been worried, maimed or killed by dogs shall have his/her election to proceed under Section 31 or Sections 27 to 29 inclusive; but, having signified his/her election by proceeding in either mode, he/she shall not have the other remedy.

Section 23-38. Ordering Dogs to be Muzzled or Restrained; Killing Unmuzzled or Unrestrained Dogs

The Mayor may order that all dogs shall be muzzled or restrained from running at large during such time as shall be prescribed by such order. After passing such order and posting a certified copy thereof in two or more public places in the City, or, if a daily newspaper is published in such City, by publishing such copy once in such newspaper, the Mayor may issue his/her warrant to one or more of the police officers or constables of such City, who shall, after twenty-four hours from the publication of such notice, kill all dogs found unmuzzled or running at large contrary to such order, and shall receive such compensation therefore as is provided in Section 19. Notwithstanding the foregoing, a Police Officer or constable may, in his/her discretion, hold any such dog for a period not in excess of ten days. If the owner thereof claims such dog and pays to such officer or constable the sum of Five Dollars ($5.00), together with One Dollar and Fifty Cents ($1.50) for each day that it is so held, it shall be returned to the owner. The fee of Five Dollars ($5.00) shall be paid over to the City and the remaining moneys shall be retained by such officer or constable as his/her fee.

Section 23-39. Order to Muzzle or Restrain Dogs

Upon complaints against a dog amounting to repeated threatening acts of aggression, reported dog bites to humans and/or attacks to other animals (domestic, livestock or wild), the following provisions of this section shall be enforced.

The Mayor, upon notice from the Animal Control Officer and Chief of Police, shall cause service of a muzzle/restrain order to be made upon the owner/keeper of the dog by causing a certified copy thereof to be delivered to him/her.

The conditions of muzzle/restrain are as follows:

A. No owner or person having the care of said dog shall permit it to be off of the owner's or keeper's premises, unless it is wearing a muzzle. A muzzle shall be defined as a device constructed of strong, soft material or a metal material constructed to restrict the function of the dog's jaw.

The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.

B. While on the owner's or keeper's premises, the dog shall be kept in a penned area. Such area shall be set back a minimum of twenty (20) feet from the front line of said property.

C. Any person who violates this regulation shall be fined the amount of Three Hundred Dollars ($300.00) for each offense. For each offense subsequent to the first offense, in addition to the prescribed fine, the owner shall be subject to impoundment and forfeiture of the animal.

D. All dogs found in violation of this section shall be taken into custody and impounded by the City Animal Control Officer for a period of three (3) days. In order to reclaim an impounded animal, the owner must seek release of the animal from custody. If any animal is not so claimed and a fine therefor paid after three (3) days, such dog shall be sent to the Society for the Prevention of Cruelty of Animals for final disposal, and said fine shall be collected by the entry and prosecution of a complaint by the Animal Control Officer in the District Court pursuant to Massachusetts General Laws, Chapter 140, Section 173A.

Section 23-40. Penalty on Officer; Report of Refusal or Neglect of Officer to Perform Duties

A City officer who refuses or willfully neglects to perform the duties imposed upon him by the provisions of this Chapter relating to dogs shall be punished by a fine of not more than One Hundred Dollars ($100.00), which shall be paid into the City Treasury. Whoever is aggrieved by such refusal or neglect may report the same forthwith to the district attorney of his/her district.

Section 23-41. Liability to City of Owner or Keeper of Dog; Action

The owner or keeper of a dog which has done damage to livestock or fowls shall be liable in tort to the City for all damages so done which the Mayor has ordered to be paid as provided in this Chapter. The Treasurer may, and if so ordered by the Mayor, bring such action.

Section 23-42. Disposition of Balance of Dog Fund

Money received by the Treasurer under the preceding sections relating to dogs, and not paid out for damages, license blanks or books, record books, anti-rabie vaccine, or other purposes as required under said sections, shall be expended for the support of public libraries or schools.

Section 23-43. Disposition of Complaint for Violation of Dog Control Laws

Whenever a complaint is sought in a district court for a violation of an ordinance made under the provisions of Section 43, the Clerk shall send a written notice to the person complained against, stating that such a complaint has been sought and will issue unless such person appears before such Clerk and confesses the offense either personally or through an agent duly authorized, in writing, or by mailing to such Clerk, with the notice, the fine provided therein. If it is the first offense subject to this section committed by such person within a calendar year, the Clerk shall dismiss the charge without the payment of any fine; if it is the second offense so committed in such City in the calendar year, the payment to the Clerk of a fine of One Hundred Dollars ($100.00) shall operate as a final disposition of the case; if it is the third offense so committed in a calendar year, payment of a fine of Two Hundred Dollars ($200.00) shall operate as a final disposition of the case; and if it is the fourth or subsequent offense so committed in such City in the calendar year, the payment of a fine of Three Hundred Dollars ($300.00) shall operate as a final disposition of the case. Such payment shall be made only by postal note, money order or check.

Proceedings under this section shall not be deemed criminal; and no person notified to appear before the Clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.

If a person notified to appear, as hereinbefore provided, fails to appear or pay the fine within twenty-one days of the sending of the notice, or having appeared, does not desire to avail himself of the procedure established by this section, the Clerk shall issue the complaint and the procedure established for criminal cases shall be followed.

If any person fails to appear in accordance with the summons issued upon such complaint, the Clerk of the court shall send such person, by registered mail, return receipt requested, a notice that the complaint is pending, and that, if the person fails to appear within twenty-one days from the sending of such notice, a warrant for his/her arrest will be issued.

Section 23-44. Killing of Dogs by Carbon Monoxide Fumes

No dog whose killing is authorized under the provisions of this Chapter shall be put to death in a carbon monoxide chamber unless such chamber is supplied with gas by an engine or gas generator that will produce a minimum of four percent concentration of carbon monoxide within five minutes, the gas used is cooled and filtered before entering such chamber, and the temperature of the gas inside such chamber does not exceed a temperature of eighty-five degrees Fahrenheit.

Section 23-45. Restraint of Dogs in Public Highway Rest Areas; Penalty

Whoever is the owner or keeper of a dog shall restrain said dog by a chain or leash when in an officially designated public highway rest area. Whoever violates the provisions of this section shall be punished by a fine of not more than Fifty Dollars ($50.00).

Section 23-46. Restrictions Concerning Dogs

A. Restraint Required

No person shall own or keep a dog in the City of Methuen, outside of the confines of the owner's or keeper's property, any dog which is not held firmly on a leash not exceeding six feet (6 ft.) in length.

B. Prosecution and Penalty.

The Animal Control Officer is the enforcing officer of this ordinance, and he/she shall enter and prosecute a complaint against the owner or keeper of any dog, if such owner or keeper violates the provisions of this ordinance or any part thereof.

Whenever a complaint is sought in a district court for a violation of this ordinance, made under the provisions of Section one hundred and seventy-three of Chapter one hundred forty of the General Laws, the Clerk shall send a written notice to the person complained against stating that such a complaint has been sought and will issue unless such person appears before such Clerk, with the notice and the fine provided herein. Payment to the Clerk of a fine of Twenty-Five Dollars ($25.00) shall operate as a final disposition of the case under this section. Such payment shall be made only by postal note, money order or check.

Proceedings under this section shall not be deemed criminal; and no person notified to appear before the Clerk of a district court as provided herein shall be required to report to any probation officer; and no record of the case shall be entered in the probation records.

If a person notified to appear, as hereinbefore provided, fails to appear or pay the fine within twenty-one days of the sending of the notice, or having appeared, does not desire to avail himself/herself of the procedure established by this section, the Clerk shall issue the complaint and the procedure established for criminal cases shall be followed.

If any person fails to appear in accordance with the summons issued upon such complaint, the Clerk of the court shall send such person, by registered mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within twenty-one (21) days from the sending of such notice, a warrant for his/her arrest will be issued.

Section 23-47. Ordinance Regulating Dogs

A. Authority

This ordinance is promulgated under the provisions of Chapter 140, Section 173, Massachusetts General Laws.

B. Restrictions

No person owning or keeping a dog in the City of Methuen shall cause, allow or permit such animal to enter the private property of another person without said person's permission, nor cause, suffer or allow such animal to run free without a leash.

C. Violations

Any person violating the above ordinance shall be subject to a fine in the amount of Ten Dollars ($10.00) as provided for under Chapter 140, Section 173, Massachusetts General Laws. In addition, the Animal Control Officer of the City of Methuen, pursuant to the provisions of Chapter 140, Massachusetts General Laws, may take into his/her custody such dog as provided for under said statute.

D. Notice

The Animal Control Officer is specifically directed, upon the receipt of a complaint by an individual suffering damage to his/her person or property as a result of injury caused by a dog, to advise said person that under the provisions of Chapter 140, Section 155, Massachusetts General Laws, the owner or keeper of a dog shall be liable for damage caused to the body or property of any person. Such Animal Control Officer shall further provide full and total cooperation to the individual should he/she seek to recover damages as a result of such injuries.

Section 23-48. Banning Dog Defecation on Public Grounds and Private Property

No person owning or having custody or control of a dog owned or kept in the City shall permit such a dog to soil, defile or commit any nuisance on or in any public park, beach or grounds of a public building, including school grounds unless such person picks up the dog waste and disposes of it in a sanitary manner; nor shall any person owning or having custody or control of a dog owned or kept in the City permit such dog to soil, defile or commit any nuisance on private property not under the person's ownership or control unless such person picks up the dog waste and disposes of it in a sanitary manner. This section shall not apply to a physically handicapped person in sole custody or control of a dog. Violation of this section shall be punishable by a fine of One Hundred Dollars ($100.00) per offense.

Section 23-49. Banning Dogs from School Grounds

No person owing or having custody or control of a dog shall allow or permit such dog, whether leashed or unleashed, to enter upon the grounds of any school site in the City of Methuen.

Any person so allowing a dog, leashed or unleashed, to enter upon such school grounds shall be subject to a fine of One Hundred Dollars ($100.00) per offense.

(1973 Ord., Sec. 9.11; amended by Ord. #30, Eff. Oct. 21st, 1974; amended by Ord. #302, Eff. Nov. 16th, 1988; amended by Ord. #336, Eff. April 3rd, 1989; further amended by Ord. #492, Eff. Oct. 4th, 1993; as further amended by Ord. #564, Eff. March 6th, 1996; as amended by Ord. #587, Eff. Nov. 6th, 1996; as further amended by Ord. #659, Eff. December 5th, 1998)

Section 23-50. Banning Dogs from Public Cemeteries

No person owning or having custody or control of a dog shall allow or permit such dog, whether leashed or unleashed, to enter upon the grounds of any public cemetery in the City of Methuen.

Any person so allowing a dog, leashed or unleashed, to enter upon such grounds shall be subject to a fine of One Hundred dollars ($100.00) per offense.

The provisions of this ordinance however shall not apply to the owner and his/her canine where (1) the dog is specially trained to lead or serve a blind person provided that the Massachusetts Commission for the Blind certifies that such dog is so trained and actually in the service of the blind person, (2) a dog professionally trained to serve a deaf person, provided that the Director of the office of Deafness certifies that such dog is so trained and actually in the service of the deaf person and (3) nor shall the ordinance apply to an owner or his/her service dog if required by medical necessity and a licensed physician certifies to such need.

The Department of Public Works shall erect and maintain signs on the grounds of all public cemeteries advising the public of this ordinance and the fines that may issue thereunder.

(1973 Ord., Sec. 9.11; amended by Ord. #30, Eff. Oct. 21st, 1974; amended by Ord. #302, Eff. Nov. 16th, 1988; amended by Ord. #336, Eff. April 3rd, 1989; further amended by Ord. #492, Eff. Oct. 4th, 1993; as further amended by Ord. #564, Eff. March 6th, 1996; as amended by Ord. #587, Eff. Nov. 6th, 1996; as further amended by Ord. #659, Eff. December 5th, 1998; as further amended by Ord. #779, Eff. August 6th, 2004; as further amended by Ord. #808, Eff. January 17th, 2007;as further amended by Ord. #825, Eff. November 6, 2008))