HomeMy Public PortalAbout2016-11-14 Watertown Animal Control Ordinance Ord Format_201701121259483830CHAPTER 91: ANIMALS
§91.01 - INTRODUCTION
Acting under Massachusetts General Law and pursuant to Chapter 140, Section 136A through 174E
inclusive and under any other applicable laws and regulations, the City of Watertown, known as the Town
of Watertown, hereby adopts this ordinance in the interest of protecting the health and safety of its
citizens, dogs, cats and wildlife.
§91.02 - DEFINITIONS
ANIMALS: All mammals, fowl and reptiles, except human beings.
ANIMAL CONTROL AGENT: Any duly authorized employee or agent of the Town of Watertown who
may enforce the provisions of the Watertown Animal Control Ordinance.
ANIMAL CONTROL OFFICER: An appointed, duly authorized employee of the Town of Watertown
whose primary responsibility is to enforce the provisions of the Watertown Animal Control Ordinance
and Massachusetts General Law Chapter 140, Sections 136A-174E inclusive.
AT LARGE: Off the premises of the owner or keeper and not under the control of the owner or keeper
either by leash, cord, chain or otherwise.
DANGEROUS CAT: a cat that either: (i) without justification, attacked a person or domestic animal
causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses
an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.
DANGEROUS DOG: a dog that either: (i) without justification, attacked a person or domestic animal
causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses
an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.
DOMESTIC ANIMALS: An animal that has been domesticated by humans so as to live and breed in a
tame condition and depend on humankind for survival; any animal listed in 321 Commonwealth of
Massachusetts Regulations (CMR) 9.02(3), except as provided in 321 CMR 9.02(2)(d).
FERAL CAT: A domestic cat who has been born and raised without contact to humans, or a domestic cat
who has not had contact with humans for a significant period of time and has become un-socialized to
humans; a Feral Cat is fearful of humans, may depend on humans for survival by means of a caretaker
who provides food and a shelter, and is not likely to ever become an indoor cat.
IMPOUND: Take into the custody of the Animal Control Officer or Animal Control Agent.
INDOOR CAT: A domestic cat that lives in a dwelling or home, has a litter box, food, shelter, etc.
provided by the keeper or owners and is never allowed outdoors; an Indoor Cat is dependent on humans
for survival.
KEEPER OR OWNER: Any person owning, possessing, controlling, harboring or having custody of an
animal.
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LEASH: A restraint shall be of an appropriate length and made of a sturdy, unfrayed material suitable to
allow the dog owner or keeper to maintain control over the dog. Leash is used to restrain the dog when
upon the streets, sidewalk or any public areas or to restrain the dog from entering these said areas.
NUISANCE DOG: a dog that:
(1) By excessive barking or other disturbance, is a source of annoyance to a sick person residing
in the vicinity; or
(2) By excessive barking, causing damage or other interference, a reasonable person would find
such behavior disruptive to one’s quiet and peaceful enjoyment; or
(3) Has threatened or attacked livestock, a domestic animal or a person, but such threat or attack
was not a grossly disproportionate reaction under all the circumstances.
OUTDOOR CAT: A domestic cat that lives in a dwelling or home, has a litter box, food, shelter, etc.
provided by the keeper or owner, but is also allowed outdoors for any length of time during the day; an
Outdoor Cat is dependent on humans for survival.
SERVICE ANIMAL: In accordance with the Americans with Disabilities Act (ADA) 28 Code of Federal
Regulations Part 36.104, any dog that is individually trained to do work or perform tasks for the benefit of
an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental
disability. Service Animals must be harnessed, leashed or tethered, unless these devices interfere with the
Service Animal‘s work or the individual’s disability prevents using these devices. In that case, the
individual must maintain control of the animal through voice, signal, or other effective controls. Service
animals are allowed to accompany people with disabilities in all areas where public is allowed to go.
Other species of animals, whether wild or domestic animals, trained or untrained, are not service animals
for the purpose of this definition. Dogs whose sole function is to provide comfort, emotional support,
well-being or companionship do not qualify as a service animal under the ADA.
STRAY CAT: A domestic cat who is socialized to humans who has lived as a pet in a domestic home but
has been abandoned, lost, or has left its domestic home; a Stray Cat is dependent on humans for survival.
TOWN: The Town of Watertown, Massachusetts.
UNCONFINED: Not securely confined indoors, or in a securely enclosed and locked pen or dog run area
on the premises of the owner or keeper.
WATERTOWN POLICE OFFICE: Any duly authorized employee of the Watertown Police Department
who may enforce the provisions of the Watertown Animal Control Ordinance.
WILD ANIMAL: Any animal not kept as a domesticated animal and is indigenous to this area of the
State, including but not limited to coyotes, raccoons, beavers, wild turkey, skunks, opossums, fishers,
squirrels, chipmunks, rodents, and more.
§91.03 - DOG LICENSING
(A) ANNUAL DOG LICENSING FEE. No person shall own or keep a dog, six months of age or older,
within the Town unless an annual license for such dog is obtained from the Town Clerk. The fee for such
a license shall be $10.00 for each dog. The licensing period shall be from January 1st through December
31st. The license fee for each dog owned or kept by persons who are aged 60 or older shall be $5.00. The
provisions of this Ordinance shall not apply to veterinary establishments that are subject to kennel
licensing. Pursuant to MGL Ch. 140, section 139(c), no licensing fee shall be charged for a Service
Animal.
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(B) RABIES VACCINATION: No dog shall be licensed unless a valid rabies vaccination certificate is
presented to the Town Clerk at the time of licensing. All dogs shall be vaccinated against rabies in
accordance with MGL Ch. 140 section 145B.
(C) ADDITIONAL REQUIREMENTS: No dog six months of age or older shall be licensed unless there
is presented to the Town Clerk at the time of licensing either:
(1) proof that the dog has been spayed or neutered, or
(2) a statement signed by a veterinarian stating a reason why spaying or neutering has been delayed,
or
(3) a statement signed by the owner or keeper of the dog that a decision has been made not to spay or
neuter the dog, or
(4) a statement signed by a veterinarian or the animal control officer that the animal appears to have
been spayed or neutered in the past
(D) BREEDER’S LICENSE: An annual breeder’s license shall be obtained for any dog with respect to
which a statement is presented that a decision has been made not to spay or neuter. The fee for such a
breeder’s license shall be $25.00 for each dog and such fee shall be in addition to the fee imposed
pursuant to this Ordinance, Section 3.1.
(E) NUMBER OF LICENSED DOGS: Not more than three dogs over six months of age shall be kept
in a household. Any variance to this number of licensed animals must first be approved by the Board of
Health.
(F) LICENSE TAGS: All dogs shall display a dog license on their collar. The dog owner and/or keeper
shall present the dog license tag when request is made by the Animal Control Officer, Animal Control
Agent, or Police Officer. Dogs not displaying dog licenses are subject to impoundment until licensure is
attained.
§91.04 - RESTRAINT OF DOGS
Any person owning or keeping a dog shall not suffer or allow it to run at large in any of the streets or
public ways, or places in the Town, or upon the premises of anyone other than the owner or keeper, unless
the owner or occupant of such premises grants permission. Under no circumstances shall a dog, even on a
leash, be allowed on private property, unless specific permission has been granted. No dog shall be
permitted in any public place or street within the Town of Watertown unless it is effectively restrained by
a chain or leash, except at a Town designated dog park pursuant to Section 9.5 of this chapter.
§91.05 - Restricted Areas
RESTRICTED AREAS:
(1) No dog shall be allowed on school property, in cemeteries, or in public parks maintained by the
Town. Service Animals are exempt from this provision.
(2) Notwithstanding the provisions of Section 5.1 (A) above, dogs on leashes shall be permitted on
marked or paved walking paths on Whitney Hill Park, Saltonstall Park, Arsenal Park, Linear Park,
Filippello Park, Howe Park and the park behind 552 Main Street.
(3) Notwithstanding the provisions of Section 4.1 and 5.1 (A), dogs shall be permitted inside Town
designated dog parks pursuant to Section 9.5 of this chapter.
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§91.06 - REMOVAL OF DOG WASTE
(A) REMOVAL OF DOG WASTE FROM PUBLIC AND PRIVATE PROPERTY: Each person who
owns or keeps a dog within the Town, shall immediately remove and dispose of any feces left by such
dog on any sidewalk, planting strip, street, park or other public area, or on any private property which is
not owned or occupied by such person. Any such dog is to be accompanied by a person carrying a device
which is suitable for picking up and containing feces, unexposed to such person and to the general public.
(B) METHOD OF DOG WASTE DISPOSAL: Dog waste or feces may only be disposed of in a sanitary
manner. Dog waste shall not be disposed of in catch basins.
(C) EXEMPTIONS TO THE REMOVAL OF DOG WASTES: Section 6.1 and 6.2 shall not apply to a
Service Animal accompanying any individual with a disability, who, by reason of a disability, is
physically unable to comply with the requirements of said sections.
§91.07 - IMPOUNDMENT
(A) NOTICE OF IMPOUNDMENT:
(1) It shall be the duty of any Animal Control Officer or his/her designee to apprehend any dog found
running at large and/or any unlicensed dog in any street or public place within the Town and to impound
such dog in the place provided therefore.
(2) The owner or keeper of any dog so impounded may reclaim such dog within 7 days and upon
payment of the license fee, if unpaid, all outstanding citations, boarding fees for each day the dog was
held, all veterinary costs, and all other associated costs as applicable.
(B) UNCLAIMED DOGS: The Animal Control Officer shall make reasonable efforts to determine the
identity of the owner or keeper of any dog. If any dog is impounded pursuant to this chapter and its owner
and/or keeper cannot be identified within seven days, the dog may be put up for adoption or humanely
euthanized, provided that the Animal Control Officer determines that all reasonable efforts have been
made to locate the owner and/or keeper and there are no reasonable alternatives to such action.
§91.08 - CATS
(A) CAT LICENSING FEE: No person shall own or keep a cat, six months of age or older, within the
Town unless an annual license for such cat is obtained from the Town Clerk. The fee for such a license
shall be $10.00 for each cat. The licensing fee for each cat owned or kept by persons who are aged 60 or
older shall be $5.00.
(B) NUMBER OF LICENSED CATS: Number of Licensed Cats: Not more than five cats over six
months of age shall be kept in a household. Any variance to this number of licensed animals must first be
approved by the Board of Health. The provisions of this Ordinance shall not apply to veterinary
establishments that are subject to kennel licensing.
(C) RABIES VACCINATION: No cat shall be licensed unless a valid rabies vaccination certificate is
presented to the Town Clerk at the time of licensing. All cats shall be vaccinated against rabies in
accordance with MGL Ch. 140 section 145B.
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(D) OUTDOOR CAT REQUIREMENTS:
(1) All cats allowed or found outdoors for any length of time shall be outfitted with a microchip. All
cats allowed outdoors shall be spayed or neutered. Any cat found at large that cannot be immediately
identified shall be deemed a stray.
(2) Exemptions - This section shall not apply to a cat with a high likelihood of suffering serious bodily
harm or death if spayed, neutered, or microchipped, due to age or infirmity. The owner or custodian must
obtain written confirmation of this fact from a Massachusetts Licensed Veterinarian. If the cat is able to
be safely spayed, neutered, or microchipped at a later date, that date must be stated in the written
confirmation.
(E) STRAY CATS
Any rescue group, humane society or other person or organization picking up stray cats shall notify the
Animal Control Officer with all relevant information of each cat and the location found.
(F) FERAL CATS
Any person or organization that traps and releases feral cats shall report such activity to the Animal
Control Officer including information of description and numbers of cats trapped and name of caretaker.
The caretaker is expected to take full responsibility for the duration of the cat’s life. All feral cats shall be
ear tipped. All feral cats shall be spayed or neutered.
(G) DANGEROUS CATS
The Animal Control Officer may at any time issue an order of confinement for any cat deemed a
Dangerous Cat.
§91.09 - MISCELLANEOUS
(A) ANIMAL BITE PROCEDURE: All bites by dogs, cats or other domestic animals or wild or exotic
animals shall be reported to the Health Department and the Animal Control Officer as soon as possible by
the person bitten or by the owner or keeper of the animal, or both.
(B) MOTOR VEHICLE OPERATOR RESPONSIBILITY: The operator of a motor vehicle that strikes,
injures, or kills any animal within the Town shall report such incident to the pet’s owner or keeper,
custodian or to a Watertown Police Officer.
(C) FEEDING OF WILD ANIMALS: No person within the Town shall feed any wild animals,
including without limitation, ducks, geese and raccoons, or any homeless dogs or cats, except birds fed
within the confines of his /her private property, provided that no threat to public health or safety is
thereby created. Persons feeding their own domestic animals shall do so only in a sheltered space
inaccessible to wild or roaming animals. This Section, 9.3, shall not apply to the feeding of homeless
dogs or cats if done in a sheltered place inaccessible to wild or roaming animals with the express purpose
of befriending the dog or cat in order to have it vaccinated, spayed, neutered and ultimately adopted.
(D) WILD AND EXOTIC ANIMALS: No person within the Town shall possess, maintain, propagate,
cultivate or deal with wild or exotic animals within the meaning of Chapter 131, Section 23, of the
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Massachusetts General Laws unless notice thereof has been filed with the Board of Health and all permits
required by said Section 23 or otherwise have been obtained.
(E) TOWN DOG PARKS
(1) Owners and/or Keepers using a Town Dog Park must adhere to posted Dog Park Rules referenced
on Town website and posted at each Town Dog Park.
(2) Dog Park Rules are enforced under the provisions of this Ordinance. Any change in Dog Park Rules
shall be communicated to the Town Council.
(F) NUISANCE AND DANGEROUS DOGS: In accordance with the provisions of Chapter 140, Section
157 of the Massachusetts General Laws, any person may file written complaint to the Board of Health
that a dog owned or kept in the Town is a nuisance or a dangerous dog. The Board of Health who has
been appointed as the Hearing Authority shall process the complaint, hold a public hearing and make
decision on the written complaint.
(G) GENERAL PROHIBITION: No person shall own or keep in the Town any dog, cat or other
household pet which by biting, barking, howling, scratching or crying, or in any other manner, disturbs
the peace and quiet of any neighborhood, destroys private property or endangers the safety of any person.
§91.10 - ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE
(A) CRIMINAL COMPLAINT: Any person who violates any provision of this Ordinance may be
penalized by indictment or on complaint brought in district court. Each day on which any violation or
offense continues shall be deemed to be a separate violation or offense.
(B) NONCRIMINAL DISPOSITION: Whoever violates any provision of this Ordinance, the violation of
which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as
provided in General Laws, Chapter 40, Section 21D. Each day on which any violation exists shall be
deemed to be a separate offense.
Penalty: $ 50.00 for first offense
$ 100.00 for second offense
$ 200.00 for third offense and thereafter
(C) ENFORCING PERSONS: Animal Control Officer, Animal Control Agent or any Watertown Police
Officer.
Any violations of this Ordinance that occur within Town parks or recreation areas are also enforceable by
the Director of Parks and Recreation and/or his/her designee.
(D) OTHER: Any person who violates any provision of this Ordinance is also subject, at the discretion
of the Animal Control Officer, Animal Control Agent or Watertown Police Officer to any other legal or
equitable enforcement remedy available.
§91.11 - ANIMAL CONTROL FUND
All monies collected under the provisions of this ordinance, other than monies collected as penalties
referenced in Section 10.2, shall be deposited in a revolving fund to be known as the Animal Control
Fund, established pursuant to the provisions of MGL Ch. 44, section 53E1/2. This revolving fund shall
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be accounted for separately from all other monies in the Town, and expenditures may be made from the
revolving fund without further appropriation. The Director of Public Health with the approval of the
Town Manager shall be authorized to expend money from the Animal Control Fund, with such
expenditures to be used only for programs and activities within the jurisdiction and authority of the
Animal Control Program. The Animal Control Fund shall be established not later than the beginning of
the fiscal year in which the fund shall begin. The limit on the total amount that may be expended from
the Animal Control Fund shall be determined by Town Council on or before July 1 of each year.
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