TOWN OF EAST LONGMEADOW

MASSACHUSETTS

BOARD OF HEALTH

EAST LONGMEADOW DOG CONTROL INFORMATION

Natalie Rice, Dog Officer

To reach the Dog Officer telephone the Police Department at 525-5440. Advise the Police Officer regarding the nature of the dog issue. You must leave your name and phone number so the Dog Officer can return your call. Advise the Police Department of nuisance barking problems. The Police Department will investigate why the dog is barking. If the barking problem persists, the Dog Officer will be notified.

WHEN TO CALL THE DOG OFFICER:

• If you find a dog.

• If you lose your dog. The East Longmeadow Dog Officer kennels dogs that have been found at Porter Road Pet Care. You may wish to advise Porter Road Pet Care if you lose your dog. Their phone number is 525-3532. Leave your name and phone number and a description of your dog.

• If you have been bitten by a dog, cat or wild animal.

• If you have a loose dog problem.

• If you have any questions regarding the leash law or feces removal law.

POINTS TO REMEMBER:

• Become familiar with Town By-laws pertaining to dogs and your responsibilities as a dog owner. A copy of the East Longmeadow Animal Control By-law is attached.

• If you lose your dog, the first 24 hours are crucial. Please make sure your dog is wearing tags and his/her license. You might wish to write your phone number in permanent marker on your dog’s collar in case tags get lost.

• The Dog Officer will be happy to help you with any questions you might have regarding handling your own dog.

Chapter 9

ANIMAL CONTROL

Sections:

9.010 Animal Control (Leash Law).

9.015 Removal of Dog Waste.

9.020 Animal Inspector.

9.010 Animal Control (Leash Law).

(A) No person owning or keeping a dog in the town shall allow such animal to roam at large upon the land of another, except if it be on the premises of another person with the knowledge and permission of such other person. Such owner or keeper of an animal in the Town which is not on the premises of the owner or upon the premises of another person with the knowledge and permission of such person shall restrain such animal by a chain or leash not exceeding six feet in length.

(B) The unauthorized presence of any animal on the land of any person other than the owner or keeper of such animal when such animal is not restrained as above mentioned shall be prima facie evidence of a violation of the provisions of this section.

(C) A violation of this section shall be punishable by a fine of ten dollars ($10.00) for the first offense and twenty dollars ($20.00) for each subsequent offense within a calendar year. The owner of any dog picked up shall pay a fee of three dollars ($3.00) to the Town before release of the dog from the pound. The pound fee for animals held in violation of this Animal Control Law shall be ten dollars ($10.00). In addition to the above described procedures, the provisions of this section may also be enforced by the Dog Officer or any police officer of the town, by non-criminal complaint pursuant to the provisions of Massachusetts General Laws, Chapter 40, Section 21D.

(D) The fee required by Sec. 139 of Chapter 140 of the Massachusetts General Laws, as amended, for the licensing of dogs within the town, shall be increased by $10.00 for any license purchased more than sixty (60) days after the due date, said additional fees shall be retained by the town. Dogs shall be required to be vaccinated against rabies and proof of same shall be required before licensing.

(E) Pound and other fees for violation of the Animal Control Law shall be collected by the Animal Control Officer and shall be turned over to the Town Treasurer.

(F) The Board of Selectmen may designate times and places on Town Property where dogs may be exercised or trained off the leash but under the control and supervision of their masters.

(G) Any animal found to be at large in violation of this section shall be caught and confined by the Animal Control Officer and/or his assistants, who shall notify forthwith the licensed owner or keeper of such animal, giving the owner or keeper of such animal a period of (10) days within which to recover such animal. Animals confined under the authority of this order shall be confined in a place suitable for the care and detention of animals, or they may be placed in the care of the holder of a kennel license, such place or holder of a kennel license to be designated by the Board of Selectmen. At the end of the ten day period, any animal not so claimed may be disposed of in the manner provided by law. The owner or keeper of such animal shall be required to pay the reasonable expense of maintaining such animal in confinement, including, but not limited to, cost of feeding, medical care, medicines, and the like. Return of the animal to the licensed owner or keeper shall be dependent upon admission of ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper.

The Animal Control Officer shall enter and prosecute a complaint against the owner or keeper of any animal taken into custody under this section; provided, that if within the twelve months next preceding this offence the owner or keeper has not been convicted for violation of this section or a animal owned or kept by him has not been taken into custody for violation of this section, the Animal Control Officer may waive prosecution.

(H) The Board of Selectmen shall appoint an Animal Control Officer and such assistants as are deemed necessary to administer and enforce this law and the sections of Massachusetts General Laws, Chapter 140, as amended, relating to dogs.

(I) If any person shall make a complaint in writing to the Board of Selectmen that any animal owned or harbored within the Town is a nuisance by reason of vicious disposition, excessive barking, or other disturbance, the Board shall take any action as provided in General Laws, Chapter 140, Section 157 or any other Chapter and Section, and any amendments thereto. Such disturbance causing a nuisance shall include, but not be limited to, the following:

1. Biting of persons.

2. Running in packs.

3. Breaking or damaging shrubbery or crops and gardens.

4. Chasing cars.

5. Running at large in violation of this By-law.

Said written complaint to the Board of Selectmen shall include the name and address of the owner and keeper of such animal and the name and address of the person(s) making complaint.

(J) The Board of Selectmen may appoint the Animal Control Officer a special police officer or constable.

(K) No bull or vicious animal shall be kept within the Town unless securely confined within an enclosure adequate to prevent its escape therefrom. The Fire and Police Department are to be notified or areas where there are animals trained to attack.

(L) No animal shall be driven or ridden on any sidewalk, public park or school grounds under the control of the Town.

(M) Horses, cows, goats, swine, poultry and other animals are regulated by the Town Board of Health.

(N) Copies of the regulations of the Board of Health are available in the Town Clerk’s Office for a fee. (Section 9.010 amended May, 1993)

9.015 Removal of Dog Waste.

(A) It shall be unlawful for any person owning, keeping, walking, in possession, custody or control of any dog to allow or permit such dog to defecate upon any public or private property unless such person shall remove all feces deposited by such dog before leaving such property.

(B) The provisions of this section shall not apply to a guide dog accompanying any blind person.

(C) Any violation of this section shall constitute an infraction and shall be punishable by a fine of twenty dollars ($20.00).

(D) This section may also be enforced by the non-criminal disposition procedure set forth in 8.130. The penalty for each violation shall be twenty dollars ($20.00) for each violation.

(E) The Dog Officer and any Police Officer of the Town are authorized to enforce the provisions of this section. (Added May, 1997)

9.020 Animal Inspector.

(A) The Board of Selectmen shall appoint the Animal Inspector for one year, after the annual town meeting.

(B) The annual report of the Animal Inspector shall contain the number of inspections made and facts of general interest.

8.130 Noncriminal Disposition Procedure.

(A) VIOLATIONS OF CERTAIN BY-LAWS, RULES AND REGULATIONS. A noncriminal disposition procedure, using the civil infraction procedure in General Laws Chapter 40, Section 21D, is enacted for violations of the Town of East Longmeadow General By-Laws, Rules or Regulations of the Town.

(B) ISSUANCE OF CITATIONS. Citations for violations of the By-Laws, Rules or Regulations make enforceable under this section shall be issued by the designated enforcing officer authorized in writing by the appointing authority which has voted to have the designated By-Law rule and/or regulation enforced under this By-Law.

(C) Any authorized employee observing a violation of a rule or regulation is empowered to enforce and shall give to the offender a ticket in a form in compliance with the requirements of and in the manner established by said Section 21D payable through the District Court.

(D) VIOLATIONS AND PENALTIES. The penalty under civil infraction procedure for each violation of any By-Law rule or regulation shall be as designated in each By-Law rule or regulation enforced under this By-Law. Each day of violation shall be considered a separate violation. This penalty is an alternative to the criminal penalties that are set forth in this By-Law.

(E) ENFORCEMENT OFFICER: REPORT ON FINES. It shall be the responsibility of the Chief Procurement Officer or his designee to purchase, distribute and tract the citations issued under this section. The Town Collector shall monthly forward a report of the fines received pursuant to this section, showing by Department, Board or Committee, the amount receive as a result of tickets issued by each such Department, Board or Committee. (Subsection (C) amended May, 1997; Section 8.130 added, 1995)