HomeMy Public PortalAbout2018-07-16 D Rosatti - Amendments_201806280954213387Exhibit "A"
FW: Watertown Animal Control Ordinance
Rosati, Deborah
Sent: Tuesday, June 19, 2018 1:50 PM
To: Donato, Anthony
Cc: Bennett, Kristel; O'Reilly, Karen
Importance: High.
Attachments:Animal Control Ordinance N1.docx (168 KB)
Councilor Donato —
Please see the explanation below regarding a small error in oUr Animal Control Ordinance which incorporated
a new section of the law pertaining to the welfare of animals in cars. When the legislation was being adopted
at the State level, the wrong section number was provided to Animal Control Officers, which now renders this
section of our ordinance unenforceable. Karen O'Reilly, our Animal Control Officer, has had numerous
instances of dogs being left in hot cars, and has already had one citation dismissed in Court due to this error:
I am passing this along to you for. Rules and Ordinances consideration, prior to my departure. Karen is able to
speak about this in my absence, and Atty. Mark Reich is also aware of this.
Thank you in advance for your consideration.
Deb
Deborah M. Rosati, MS, RS
Director of Public Health
Watertown Health Department
149 Main Street
Watertown, MA 02472
Phone: 617-972-6446
Fax: 617-972-6499
From: Rosati, Deborah
Sent: Tuesday, April 24, 2018 5:56 PM
To: Driscoll, Michael <mdriscoll@watertown-ma.gov>
Cc: mreich@k-plaw.com
Subject: FW: Watertown Animal Control Ordinance
Importance: High
Mr. Driscoll —
Changes to the State Law last year resulted in erroneous reporting on the Sections of the MGL that provides
for the welfare of animals in ears. Thus, our animal Control Ordinance did not reference the latest MGL Ch.
140 S. 174F rendering it unenforceable in Watertown. I am requesting that this issue be brought before the
Rules and Ordinances Subcommittee for consideration so that our ACO is able to issue tickets for dogs found
in hot cars.
Draft revision is attached and the proposed language is below:
WHEREAS, the provisions of G.L. c. 140, §§136A through 174F and associated regulations of the
Commonwealth of Massachusetts relative to the keeping of dogs and other animals have been revised to better
address public health and safety; and
INTRODUCTION, Acting under Massachusetts General Law and pursuant to Chapter 140, Section 136A
through 174F 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.
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 -174F inclusive.
Thank you in advance —
Deb
From: Rosati, Deborah
Sent: Friday, July 21, 2017 10:24 PM
To: Driscoll, Michael
Cc: Magoon, Steven; Bennett, Kristel
Subject: Fwd: Watertown Animal Control Ordinance
Mr. Driscoll -
I respectfully request legal review of the Animal Control Ordinance with respect to enforcement of the newly
adopted MGL 174 F which is not referenced in our ordinance.
Thank you In advance.
Deb
Deborah M. Rosati, MS, RS
Director of Public Health
Watertown Health Department
149 Main Street
Watertown, MA 02472
From: Joseph Galvin[mailto:joseph.galvinCqud.state.ma.us]
Sent: Thursday, July 20, 2017 4:15 PM
To: Bennett, Kristel
Cc: O'Reilly, Karen
Subject: Re: Watertown Animal Control Ordinance
Hi Kristel - Based on my conversation with the Trial Court's legal department, I cannot
uphold the citation where Watertown has not adopted 174F. The way the statute was
written was flawed. The easiest remedy moving forward will be for the town to adopt the
statute as an ordinance. Then citations may be issued just as they were in this case.
The legal division here is going to contact the state house about amending the statute to
authorize local agencies to issuance citations, but until that happens the town must
adopt the ordinance to enforce it. If you have any questions, please let me know - I will
be on vacation beginning tomorrow and returning on 7/31.
Thanks,
Joe
From: "Bennett, Kristel" <kbennettAwatertown-ma.gov>
To: "joseph galvin" <Joseph.galvinAiud.state.ma.us>
Cc: "O'Reilly, Karen" <koreillyAwatertown-ma.gov>
Sent: Wednesday, July 19, 2017 12:04:29 PM
Subject: Watertown Animal Control Ordinance
Good Morning,
Attached is the Watertown Animal Control Ordinance that was adopted on January 24, 2017. I
have reviewed this ordinance and it appears to cover MGL Chapter 140, Section 136A through
174E. I am requesting an additional review of this ordinance to include Section 174F. Please let
us know what the determination is concerning the appeal of the ticket.
Thank you,
Kristel
Kristel Bennett
Chief Environmental Health Officer
Watertown Health Department
149 Main Street
Watertown, MA 02472
Phone: 617-972-6446
Fax: 617-972-6499