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TOR-2011-2 NEW CHAPTER 92 RE DOGS � � 1 D � � C�� a Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-0927 July 22, 2011 Donald M. Rhcault, President Agawam Town Council 36 Main Street rn Agawam, MA 01001 Dear Councilor Rheault: At its duly called meeting held on July 21, 2011, the Agawam Planning Board voted 4-0 to send a negative recommendation to the Town Council concerning TOR-2011-3, a proposed amendment to the Agawam Zoning Ordinance allowing outdoor dining. The Planning Board is fully in favor of outdoor dining in Agawam. The Board, however, is concerned that by allowing the use by right it will not fully protect abutters to such uses. In conducting research, the Board has found that other communities that allow outdoor dining do so through the Special Pen-nit process. The Special Permit process will not only provide more flexibility when reviewing outdoor dining proposals, but will also provide the permit granting authority with a more legally defensible position. Since each restaurant has its own specific set of conditions (i.e., size, location, and available space� they should be evaluated individually and permits should be tailored to each individual location. A.gain, the Board wishes to emphasize that it supports effort's to promote outdoor.dining in Agawam. The Board only recommends that by using the Special Permit pro�ess, the Town will be better able to ensure that each unique situation can be more adequately addressed. Sincerely, —�A Travis P. Ward, Chairman Agawam Planning Board TOR-2011- 2 A ORDINANcE REGARDING A NEw CHAPTER 96 CONCERNING DoGs qlqlll SPONSORED BY:MAYOR RicHARD COHEN WHEREAS, the Town is empowered to adopt and enforce ordinances related to the regulation of dogs via M.G. L. c. 140, §147A (adopted by the town on August 7, 1989); WHEREAS, the current dog ordinance was adopted on September 21, 1981. WHEREAS, animal control ordinances are essential to addressing the health concerns that unlicensed and dangerous dogs may present to the community; WHEREAS, it is in the best interests of the Town of Agawam to adopt ordinances that allow the Dog Licensure Fund and Animal Control Ordinances to be self-sustaining community efforts; NOW THEREFORE, the Agawam City Council hereby repeals the previous Chapter 96 AND further resolves pursuant to M.G.L. c. 140, §147A to: a. adopt the attached Chapter 96: Concerning the licensure and treatment of Dogs; r-4 C3 DATED THIS q DAY OF 2011. *C.j 3;pr- arl PER 03PE19)F THE rGAIM CITY COUNCIL - = ):hoc) (-n C� Rnedulv,T-Tepu Aob"-+A4:1$,A055 i) Vt MaSfCkk1-t- PRqVE S TO FORM AND LEGALITY Vincek F. Gioscia, Solicitor 14H I Lf 0 N' C.1 Chapter 96: Dogs and Other Animals §Section 96-1: Authority The Town may create ordinances relating to dog and cat licensing and related companion animals and fees pursuant to M.G.L.A. c.140 §147A §Section 96- 1 Definitions: As used in this chapter, the following interpretations shall be placed on the words and phrases hereinafter mentioned: Adequate Shelter—a structure that is large enough for the animal to stand naturally, turn around and lay down inside of the structure without being exposed to the elements of weather. During cold weather, a moveable flap shall be placed over the entrance to a dog shelter to preserve the dog's body heat. At Large—any dog which is off the owner's or keeper's property and not under the control of the owner or keeper, and any cat off the owner or keeper's property and not under the control of the owner or keeper. Companion Animal—any dog or cat. "Pet or"companion animal" shall not include "farm animal" as defined in this section. The maximum number of"pets"or"companion animals"permitted at any single-family dwelling in the town shall total no more than six provided, however, that at no time are there more than three dogs or four cats aged six months or older. The maximw-n number of dogs and cats permitted at each individual unit of a two-family or multifamily apartment, condominium or other congregate living facility shall not exceed one dog and one cat per unit, regardless of the zoning district in which the facility is located. Dangerous Dog— I. Any dog which, unprovoked, in an aggressive manner, inflicts severe injury upon or kills a human being. 2. Any dog which, unprovoked, on two separate occasions within the prior 12 month period has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a companion animal, pet or farm animal off the property of the owner of the dog. I Any dog previously determined to be, and currently listed as, a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior that caused it to be listed as a potentially dangerous dog, or is found to be in violation of orders placed upon it in a previous hearing. 4. Any dog that has been used for the purpose of dog fighting or a dog trained for dog fighting. Farm Animal—any poultry, ungulate, species of cattle, sheep, swine, goats, llamas, equine, or other fur-bearing animals which are raised for commercial or subsistence purposes. Kennel—one pack or collection of dogs and/or cats on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of four or more dogs six months of ige.or older, or five or more cats six months or older (including companion animals arQpets), owned or kept by a person on a single premises irrespective of the purpose for which they are maintained. Kennel, Commercial—means any premises maintained for any of(or combination of) the following: I. the boarding or in-residence training of any number of dogs and/or cats 2. The day care of any number of dogs and/or cats that is not the owner/operator's companion animal or pets; 3. Ten or more dogs six months of age or older or ten or more cats six'months of age or older kept as companion animals or pets; or for/from breeding; 4. any pet store that sells dogs or cats Kennel,Residentiat--any premises where an owner or keeper maintains as companion animals or pets, or for breeding, four or more, but not more than nine dogs six months of age or older, and/or five or more but not more than nine cats six months of age or older. Owner—any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal. If a person under the age of 18 owns the animal, that person's custodial parent(s) or legal guardian(s) shall be responsible for complying with all requirements of this article. Potentially Dangerous Dog—means I. Any dog which, unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack upon the streets, sidewalks or any public or private property. 2. Any dog with a known propensity, tendency or disposition to attack, unprovoked, to cause injury, or to otherwise threaten the safety of human beings or companion animals, pets, or farm animals. 3. Any dog which, unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a companion animal, pet or farm animal off the property of the owner of the dog. 4. Any dog which, unprovoked, bites a person causing a less-than-severe injury. Severe Injury—any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery. §96-3 licensing of dogs and cats Any person who, at the commencement of a license period (April I though March 3 1) is or who, during any license period, becomes the owner or keeper of a dog six months old or older, shall cause the dog to be licensed within 30 days. The town clerk shall issue dog licenses and tags on a forin prescribed and fumished by the town. The license record shall include the name, address, phone number, and date of birth of the owner or keeper of the dog, and the name, license number, breed, color, age, sex and the rabies expiration date of each dog and indicate whether the dog has been spayed or neutered. The license tag shall include the license number, the name of the town and the year of issue. The owner or keeper shall cause each dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced, or destroyed, a substitute tag shall be obtained by the owner or keeper from the town clerk at the cost of$5.00. Such monies shall be transmitted to the town treasurer in the same manner as license fees. The town clerk shall not issue a license for any dog unless the owner or keeper provides the town clerk with a veterinarian's certificate verifying that the dog is currently vaccinated against rabies. The town clerk shall not grant such licenses for any dog unless the owner thereof provides either a veterinarian's certificate that such dog has been vaccinated in accordance with M.G.L.A. c. 140, §14513, or has been certified from such provision as provided in M.G.L.A. c. 140 et seq., or has been certified exempt from such provision as hereinafter provided, or a notarized letter from a veterinarian that a certificate was issued. §96-4 licensing fee The following is a list of licensing fees for dogs to be licensed in the Town: Male Dog...$25.00 Female Dog...25.00 Spayed Female Dog...10.00 Neutered Male Dog...10.00 Exceptions— If the owner or keeper of any dog has a written statement from a veterinarian indicating that because of age, infirmity or other physical condition spaying or neutering is deemed inadvisable and presents said written statement to the town clerk, the licensing fee shall be 10.00. No fee shall be charged for a license for a dog specifically trained to lead or serve a blind, deaf, or handicapped person upon presentation to the town clerk for a certificate of such training. Overdue Licenses—No license may be issued for any dog unless all prior overdue licenses (i.e. licenses ftom prior years which were required but not obtained) have been paid for. Any owner or keeper of a dog who moves into the town and has a valid dog license for his/her dog from another town or town in the commonwealth shall, within 30 days, obtain a dog license for a fee of$5.00 upon producing evidence of the previous license. The town clerk shall collect a late fee of$10.00 for every dog license issued after the 30 day period, as defined in section 96-3. Any person, who violates the provisions of 96-3 or 96-4, shall receive a written warning, issued by the animal control officer or police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of$50.00, which shall be paid to the town treasurer. §96-5 Vaccination of dogs and cats against Rabies The owner or keeper of a dog or cat in the town six months of age or older shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer direction and approved by the Massachusetts Department of Public Health. Unvaccinated dogs and cats acquired or moved into the commonwealth shall be vaccinated within 30 days after the acquisition or arrival into the town or upon reaching the age of six months, whichever last occurs. Such owner or keeper shall procure a veterinarian's certificate that such animal has been so vaccinated, setting forth the day of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certificate was issued. The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; provided, however, the owner of a cat may choose not to affix a tag to his cat, but shall have the tag and certificate available for inspection upon demand by animal control officers, police officers or other such authorized officials of the town. Vaccinated animals, dog or cat, shall be revaccinated periodically in accordance with the rules and regulations adopted by and promulgated by the Massachusetts Department of Public Health. Any person who violates the provision of section 4-25 shall receive a written warning, issued by the animal control officer or police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of$45.00, which shall be paid to the town treasurer. §96-6 Limit on number of dogs or cats; fine a. Kennel License. No person shall keep more than four cats being over the age of three months, and/or more than three dogs over the age of three months without complying with the requirements of the Town of Agawam Zoning Ordinances, and obtaining a kennel license as stated in section 96-7. Those persons who kept more than three dogs or four cats on their premises in compliance with the applicable ordinances and regulations in effect at the time may keep said animals in excess of the aforesaid limit, but said animals may not be replaced so as to exceed the three dog and four cat limit. b. Penalties. Any person who violates the provisions of this section shall receive a written warning, issued by the animal control office or police officer for the first offense and for each subsequent offense shall be liable for a payment of a fine of $50.00 for each calendar day in violation of this section, which shall be paid to the town treasurer. c. Limitation. The maximum number of"pets"or"companion animals" pennitted at any single-family dwelling in the town shall total no more than six provided, however,that at no time are there more than three dogs or four cats aged six months or older. The maximum number of dogs and cats permitted at each individual unit of a two-family or multifamily apartment, condominium or other congregate living facility shall not exceed one dog and one cat per unit, regardless of the zoning district in which the facility is located. §96-7 Kennel Licenses Any person or business maintained for a residential kennel or commercial kennel as defined in this article shall obtain the appropriate kennel license from the town clerk. The town clerk shall not issue any kennel license for any use not in compliance with the zoning ordinance. The town clerk shall not issue a residential kennel license unless the owner or keeper provides the town clerk with a veterinarian's certificate verifying that each dog or cat six months of age or older is currently vaccinated against rabies. Issuance of a residential or commercial kennel license, and continued use of said license, shall be contingent upon inspection and approval by the animal control officer to ensure that basic standards of cleanliness and proper care and confinement of said dogs or cats exist on the premises. Such license shall be in a form prescribed by the town clerk. Such license shall be in lieu of any other license for any dog or cat while kept at such kennel during any portion of the period for which the kennel license is issued. The holder of a license for a kennel shall cause each dog or cat kept therein to wear 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 year of issue and the inscription"AGAWAM." The fee for each license for a kennel shall be $100.00 for a residential kennel license and $200 for a commercial kennel license. The name and address of the owner of each dog or cat kept in any kennel, if other than the person maintaining the kennel, and a veterinarian's certificate verifying that each do or cat six moths of age or older is currently vaccinated against rabies, shall be kept on file thereat and available for inspection by the animal control officer or any authorized person. The town 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 the relief of suffering among animals. A veterinary hospital shall not be considered a kennel unless it contains an area for the selling, breeding, or boarding of dogs or cats for other than medical purposes, in which case it shall apply for a kennel license. The license period for a kennel license shall be from January I to December 3 1. Any person who violates the provisions of this section shall receive a written warning by the animal control officer or police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of$50.00 for each calendar day in violation of this section, which shall be paid to the town treasurer. §96-8 Kennel Inspection and Regulation The animal control officer, board of health, zoning enforcement officer and/or any agent authorized by the town may, at any time during normal business hours, inspect or cause to be inspected any kennel or property holding a kennel license, residential or commercial. If, in their judgment, the animal control officer, board of health, zoning enforcement officer or any agent authorized by the town, after inspection determines the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the mayor (or his/her designee) may, by order, revoke or suspend, and in case of suspension, may reinstate such license issued under this article. Upon written complaint from the animal control officer or a resident of the Town of Agawam, filed with the chief of police, setting for*hat they are aggrieved, annoyed to an unreasonable extent, by one or more dogs at a kennel because of the excessive barking or vicious disposition of said dogs or cat or other conditions connected with such kennel constituting a public nuisance, the chief of police (or his designee) within seven calendar days after the filing of such petition, shall give notice to all parties in interest of a public hearing, conducted by the chief of police or his/her designee, to be held within 14 calendar days after the date of such notice. Within seven calendar days after such public hearing said chief of police (or his designee) shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. The holder of such license aggrieved by any decision rendered by the chief of police (or his designee) may appeal such decision in accordance with M.G.L.A. c. 140 §137C. Any person maintaining a kennel after the license has been so revoked. Or while such license is so suspended, may be punished by a fine of$50.00, which shall be paid to the town treasurer, for each calendar day in violation of said revocation or suspension. §96-9 Barking dogs, meowing cats No person owning or keeping or otherwise responsible for a dog or cat shall allow or permit said dog or cat to annoy another person's reasonable right to peace or privacy by making loud and continuous noise, where such noise is plainly audible at a distance of 150 feet from the building, premises, vehicle or conveyance housing said dog or cat, and such noise is continuous in excess of ten minutes. The fact that such noise is plainly audible at such distance and continuous in excess of ten minutes shall be prima facie evidence of a violation. Any person who violates this provision shall receive a written warning, issued by the animal control officer or police officer, for the first offense, and shall be liable for payment for the following fines: $30.00 for the second offense, $50.00 for the third offense, and $100 for the fourth offense and each subsequent offense. Said fine shall be paid to the town treasurer. §96-10 Payments to veterinarians for emergency treatment of dogs or cats injured on ways. Any veterinarian registered under the provisions of M.G.L.A. c.112 §§55 or 56A who renders emergency care or treatment to or disposes of a dog or cat that is injured on any way within the town, and brought to a veterinarian by the animal control officer or police personnel, shall receive payment from the owner of such dog or cat, if known, or if not known, from the dog fund of the town, in an amount not to exceed$100.00 for such=e, treatment or disposal' provided, however, such emergency care,treatment or disposal shall be for the purpose of maintaining life, stabilb�ing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of 24 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, said animal control officer shall assume control of such dog or cat. §96-11 Dogs and/or cats at large prohibited; [cashing required; fine. a. Any person owning, keeping or being responsible for a dog and/or cat shall not allow nor permit said dog and/or cat to run at large on any of the streets or public places in the town or upon any private property, unless the owner or lawful occupant of such property grants permission therefore. b. No dog and/or cat shall be allowed or permitted in any public place or street within the town unless it is effectively restrained and controlled by a chain or other form of leash, not to exceed a length of six feet,that is sufficient to hold the dog and/or cat, or unless it is within and confined to a motor vehicle. c. In any prosecution hereunder, the presence of such dog and/or cat at large upon premises other than the premises of the owner or keeper of such dog and/or cat shall be prima facie evidence that such knowledge and permission was not had. d. The owner or keeper of a dog and/or cat who has violated any of the provisions of this section shall be punished by a written warning, issued by the animal control officer or police officer, for the first offense, a fine of$75.00 for the second offense, a fine of $100.00 for the third offense and $200.00 for the fourth and each subsequent offense, to be paid to the town treasurer. §96-12 Enforcement of unleashed/at large dog and/or cat It shall be the duty of the animal control officer or police officer,to apprehend any dog and/or cat found running at large and to impound such dog and/or cat in the animal shelter or other boarding facility. The animal control officer or impounding officer shall keep a register and make a complete record of each impounding. The record shall contain the following information: breed, color, and sex of each dog or cat, whether or not the dog is licensed,the license number, if any; the name and address of the owner, if known;the date and place of apprehension; and the location where the dog or cat is being kept. The owner of an impounded dog or cat, when known,shall be notified verbally or in writing of such impoundment or, if the owner is unknown, written notice shall be posted with the police department. Notice shall contain a description of the dog or cat, date and place of apprehension and where the dog or cat is being kept. The owner, or keeper or responsible person may reclaim the dog or cat so impounded upon payment of the license fee, if unpaid,and proof of rabies vaccination in the form of a rabies vaccination certificate from a certified veterinarian, and the payment of impoundment and boarding fees and the cost relevant to such impoundment. §96-13 Fee from reclamation of impounded dog or cat; failure to claim impounded dog or cat. a. An owner or keeper of a dog or cat reclaiming an impounded dog or cat shall pay to the animal control officer for deposit with the town treasurer an administrative fee of $125.00. in the event that the owner or keeper of the dog or cat being reclaimed provides proof of rabies vaccination sufficient for the animal control officer to determine that the rabies vaccination for the animal being reclaimed is current,the animal control officer shall reduce the reclamation fee to$50.00. The reclamation fee is an administrative fee in addition to any fine due of the owner or keeper of the animal for violation of the animal control ordinances of the town. b. Any dog or cat whose owner or keeper fails to claim said dog or cat within ten calendar days from the day of impounding shall be subject to the provisions set forth in M.G.L.A. c. 140, §15 1 A, §96-14 Removal of dog or cat waste from public property of property of others. No person owning or having the care,custody, or control of any dog or cat shall permit said dog or cat to soil or defile or commit any nuisance upon any sidewalk, street,thoroughfare, wetland, in or upon public property of I.li or upon the property of persons other than the owner or persons having the care,custody,or control of such dog or cat, unless said person picks up any such waste and disposes of it in a sanitary manner. Any person found in violation of§96-14 by the animal control officer or police officer shall be liable for payment of a fine of$25.00 for each offense, which shall be paid to the town treasurer. §96-15 Inhumane Treatment Any person owning,keeping, in control of or otherwise responsible for a companion animal, farm animal or any other dog or cat who, in the opinion of the animal control officer, is treating the aforementioned animals in an inhumane manner(such treatment may include, but not be limited to: prolonged chaining or tethering of animals;extended outdoor confinement, lack of access to food, water or shelter;exposure to hazardous conditions) shall be subject to a written warning and/or a fine, issued by the animal control officer or police officer, of$150.00 for the first offense and $300.00 for each subsequent offense, paid to the town treasurer, or by imprisonment for not more than 30 calendar days for the first offense and not more than 60 calendar days for a second or subsequent offense, or both. If any of the aforementioned persons violates this section more than five times,'the animal control officer or police officer may, after a hearing conducted by the chief of police or his/her designee, with not less than ten calendar days' notice to owner or keeper, confiscate the subject animals or order the person to permanently surrender the animal or animals for placement. If placement is not obtainable,the animal or animals may be ordered euthanized, Where, in the opinion of the animal control officer, said aforementioned treatment of said animals places the animals at imminent risk,the animal control officer may immediately remove an impound the animal for its own protection. §96-16 Dangerous and potentially dangerous dogs and cats a. Procedure for determining a potentially dangerous or dangerous dog or cat. Based upon receipt of a written complaint by a citizen requesting a determination that a dog or cat is potentially dangerous or dangerous, or on the initiative of an animal control officer based on information received, such officer or the chief of police may make an investigation and determination that a dog or cat is potentially dangerous or dangerous. The investigation and determination shall be in accordance with the provisions of this article and shall be consistent with the procedures delineated in M.G.L.A. c. 140, § 157, b. [Determination ofpotential danger or danger.] When a dog or cat is determined to be potentially dangerous or dangerous, the chief of police may order any or all of the following: (1) Spaying or neutering; (2) Microchip identification, tattooing or other means of permanent identification; (3) Behavior training and behavioral assessment; and (4) Any other order concerning the keeping, restraint, removal from the town, humane euthanasia, or disposal; of such dog or cat as may be deemed necessary, in accordance with M.G.L.A. c. 140, § 157. Such orders may include: (i) Requirements at home for dogs or cats that have been determined to be potentially dangerous or dangerous. While on the owner's or keeper's property, a dog or cat that has been determined to be potentially dangerous or dangerous may be ordered securely confined indoors or in a security-enclosed and locked pen or structure of a type meeting standards established by the animal control officer, suitable to prevent the entry of young children and designed to prevent the dog or cat from escaping. Such pen or structure must have a minimum dimension of 12 feet by 12 feet by six feet high, with a solid floor to prevent the dog or cat from digging out and a top to prevent the dog or cat from climbing out. If the pen has no solid floor secured to the sides, the sides must be embedded into the ground no less than two feet io prevent the dog or cat from digging out. The enclosure must provide the dog or cat with adequate shelter from the elements of nature. The owner shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog or cat. (ii) Requirements outside of the home for dogs or cats that have been determined to be potentially dangerous or dangerous. While off the owner's or keeper's premises, a dog or cat that has been determined to be potentially dangerous or dangerous must be restrained by a lead approved by the animal control officer not exceeding six feet in length and must be under the direct physical control of a responsible, able-bodied adult. No dog or cat designated as a potentially dangerous or dangerous dog or cat shall be permitted at public festivals, carnivals, parades or similar events. The dog or cat may be required while at large to wear a muzzle designed to prevent the dog or cat from biting. The muzzle must prevent injury to the dog or cat and must not interfere with the dog's or cat's vision or respiration. The owner or keeper of a dog or cat that has been determined to be potentially dangerous or dangerous must immediately notify the animal control officer if the dog or cat(a) is loose or unconfined, (b) bites a person or attacks another animal, (c) is sold, given away or dies, (d) has been moved to another address, and the location of the new address. (c) Exemptions. No dog or cat may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or cat, or was teasing, tormenting, abusing, or assaulting the dog or cat or has in the past been observed or reported to have teased, tormented, abused or assaulted the dog or cat or was committing or attempting to commit a crime. The provisions of this article shall not apply to dogs owned by law enforcement agencies or law enforcement officers in the performance of police work. (d) Penalties. Any person owning or harboring such dog or cat that has been deemed potentially dangerous or dangerous who fails to comply with an order of the chief of police, or his/her agents, in accordance with this section, shall be punishable by a fine of $150.00 for the first offense and $300.00 for a subsequent offense, paid to the town treasurer, or by imprisonment for not more than 30 calendar days for the first offense and not more than 60 calendar days for a second or subsequent offense, or both. If said animal is found on property not owned or controlled by its owner or keeper, or is found to be not restrained in a secure area, or is found to be in violation of any order issued by the chief of police, said dog or cat may be subject to further restriction, including an order of removal from the town or humane euthanasia, in accordance with the laws of the commonwealth. Each calendar day there exists a violation of any of the provisions of this article shall constitute and be punishable as a separate offense. A dog or cat that has been determined to be potentially dangerous or dangerous shall not be considered legally licensed, pursuant to M.G.L.A. c. 140, §§ 137 and 147 unless the owner or keeper is in full compliance with this article. §96-17. Motor vehicles; striking, injuring or killing dogs or cats. The operator of a motor vehicle that strikes and injures or kills a dog or cat on the byways of the town shall forthwith report such an accident to the owner or keeper of said dog or cat or to a police officer or animal control officer. A violation of this section shall be punished by a fine of$75.00 to be paid to the town treasurer. §96-18. Enforcement. In addition to fees or penalties detailed in any specific section of Chapter 96, or criminal penalties as expressed in the General Laws, any violation of this Chapter 96 may be enforced by the Chief of Police o�is designee, or the Animal Control Officer, by criminal or civil complaint and/or as set forth in M.G.L. c. 40 §2 1 D, as amended from time to time, that is, non-criminal disposition. Each calendar day that any violation exists shall constitute a separate violation under this provision. Fines issued shall be as follows, unless they are in specified within separate sections of this chapter: 1. First offense: $25 2. Second offense: $50 3. Third and each subsequent offense: $100. §96-19. Severability. These rules and regulations are adopted with the intent that each of them shall have force and effect separately and independently of each other, except insofar as by express reference or necessary implication any rule or part of any rule is made dependent upon another rule or part thereof. §96-20 Fees and Expenses All Fees and Fines collected under this chapter will be utilized to offset the cost and expenses incurred under this chapter and for the care and sheltering of dogs in the custody of the Town, unless otherwise required by Massachusetts General Law. MAYORAL ACTION Received this dayof (f'oLk'( 2011 from Council Clerk. Signed by Council President this q/ I day of IIX�A' 2011, APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Ag4w harter, as Tj pd, I hereby approve the passage of the above legislation on day of eq 2011, Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2011 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day o 2011. okpi"htxl� TOIK-2011-2 A RE&GURWN REGARDING A NEw CHAPTER 96 CON ARM OGS SPONSORED BY:MAYOR RicHARD CO N ), WHEREAS, the Town is empowered to adopt and e forc rdina related to the regulation of dogs via M.G. L. c. 140, §147A (adopted by th on August 7, 1989); WHEREAS, the current dog ordinance was adopted on September 21, 1981, WHEREAS, animal control ordinances are essential to addressing the health concerns that unlicensed and dangerous dogs may present to the community; VV'HEREAS, it is in the best interests of the Town of Agawam to adopt ordinances that allow the Dog Licensure Fund and Animal Control Ordinances to be self-sustaining community efforts; NOW THEREFORE, the Agawam City Council hereby repeals the previous Chapter 96 AND further resolves pursuant to M.G.L. c. 140, §147A to: a. adopt the attached Chapter 96: Concerning the licensure and treatment of Dogs; DATED THIS DAY OF 2011. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. eault, President onald Lea u I to, e,, M' Pr PROVE AS TO FORM AND LEGALITY Vinclt'�-eioscia, Solicitor TOR-2011-2 A REsowrm REGARDING A NEw CHAPrER 96 CoNcERNiNG DOGS SPONSORED BY:MAYoR]RicHARD COHEN WHEREAS, the Town is empowered to adopt and enforce ordinances related to the regulation of dogs via M.G. L. c. 140, §147A (adopted by the town on August 7, 1989); WHEREAS, the current dog ordinance was adopted on September 21, 198 1. WHEREAS, animal control ordinances are essential to addressing the health concerns that unlicensed and dangerous dogs may present to the community; WHEREAS, it is in the best interests of the Town of Agawam to adopt ordinances that allow the Dog Licensure Fund and Animal Control Ordinances to be self-sustaining community efforts; NOW THEREFORE, the Agawam City Council hereby repeals the previous Chapter 96 AND further resolves pursuant to M.G.L. c. 140, §147A to, a. adopt the attached Chapter 96: Concerning the licensure and treatment of Dogs; DATED THIS DAY OF 2011. PER ORDER OF THE AGAWAM CITY COUNCIL j Donald M. eault, President JaIdeaulot, Pre,, M' PROVE - AS TO FORM AND LEGALITY Vincent*�'.�ioscia, Solicitor Chapter 96: Dogs and Other Animals §Section 96-1: Authority The Town may create ordinances relating to dog and cat licensing and related companion animals and fees pursuant to M.G.L.A. c.140 §147A §Section 96- 1 Definitions: As used in this chapter, the following interpretations shall be placed on the words and phrases hereinafter mentioned: Adequate Shelter—a structure that is large enough for the animal to stand naturally, turn around and lay down inside of the structure without being exposed to the elements of weather. During cold weather, a moveable flap shall be placed over the entrance to a dog shelter to preserve the dog's body heat. At Large—any dog which is off the owner's or keeper's property and not under the control of the owner or keeper, and any cat off the owner or keeper's property and not under the control of the owner or keeper. Companion Animal—any dog or cat. "Pet or"companion animal" shall not include "farm animal" as defined in this section. The maximum number of"Pets"or"companion animals" permitted at any single-family dwelling in the town shall total no more than six provided, however, that at no time are there more than three dogs or four cats aged six months or older. The maximum number of dogs and cats permitted at each individual unit of a two-family or multifamily apartment, condominium or other congregate living facility shall not exceed one dog and one cat per unit, regardless of the zoning district in which the facility is located. Dangerous Dog- 1. Any dog which, unprovoked, in an aggressive manner, inflicts severe injury upon or kills a human being. 2. Any dog which, unprovoked, on two separate occasions within the prior 12 month period has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a companion animal, pet or farm animal off the property of the owner of the dog. 3. Any dog previously determined to be, and currently listed as, a potentially dangerous dog, which, after its owner or keeper has been notified of this determination, continues the behavior that caused it to be listed as a potentially dangerous dog, or is found to be in violation of orders placed upon it in a previous hearing. 4. Any dog that has been used for the purpose of dog fighting or a dog trained for dog fighting. Farm Animal—any poultry, ungulate, species of cattle, sheep, swine, goats, llamas, equine, or other fur-bearing animals which are raised for commercial or subsistence purposes. Kennel—one pack or collection of dogs and/or cats on a single premises, whether maintained for breeding, boarding, sale, training, hunting, or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of four or more dogs six months of age or older, or five or more cats six months or older (including companion animals an pets), owned or kept by a person on a single premises irrespective of the purpose for which they are maintained. Kennel, Comm ercial—means any premises maintained for any of(or combination of) the following: I. the boarding or in-residence training of any number of dogs and/or cats 2. The day care of any number of dogs and/or cats that is not the owner/operator's companion animal or pets; 3. Ten or more dogs six months of age or older or ten or more cats six months of age or older kept as companion animals or pets; or for/from breeding; 4. any pet store that sells dogs or cats Kennel, Residential—any premises where an owner or keeper maintains as companion animals or pets, or for breeding, four or more, but not more than nine dogs six months of age or older, and/or five or more but not more than nine cats six months of age or older. Owner—any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal. If a person under the age of 18 owns the animal, that person's custodial parent(s) or legal guardian(s) shall be responsible for complying with all requirements of this article. Potentially Dangerous Dog—means I. Any dog which, unprovoked,chases or approaches a person in a menacing fashion or apparent attitude of attack upon the streets, sidewalks or any public or private property. 2. Any dog with a known propensity, tendency or disposition to attack, unprovoked, to cause injury, or to otherwise threaten the safety of human beings or companion animals, pets, or farm animals. 3. Any dog which, unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a companion animal, pet or farm animal off the property of the owner of the dog. 4. Any dog which, unprovoked, bites a person causing a less-than-severe injury. Severe Injury—any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery. §96-3 licensing of dogs and cats Any person who, at the commencement of a license period (April I though March 3 1) is or who, during any license period, becomes the owner or keeper of a dog six months old or older, shall cause the dog to be licensed within 30 days. The town clerk shall issue dog licenses and tags on a form prescribed and furnished by the town. The license record shall include the name, address, phone number, and date of birth of the owner or keeper of the dog, and the name, license number, breed, color, age, sex and the rabies expiration date of each dog and indicate whether the dog has been spayed or neutered. The license tag shall include the license number, the name of the town and the year of issue. The owner or keeper shall cause each dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced, or destroyed, a substitute tag shall be obtained by the owner or keeper from the town clerk at the cost of$5.00. Such monies shall be transmitted to the town treasurer in the same manner as license fees. The town clerk shall not issue a license for any dog unless the owner or keeper provides the town clerk with a veterinarian's certificate verifying that the dog is currently vaccinated against rabies. The town clerk shall not grant such licenses for any dog unless the owner thereof provides either a veterinarian's certificate that such dog has been vaccinated in accordance with M.G.L.A. c. 140, §14513, or has been certified from such provision as provided in M.G.L.A. c. 140 et seq., or has been certified exempt from such provision as hereinafter provided, or a notarized letter from a veterinarian that a certificate was issued. §96-4 licensing fee The following is a list of licensing fees for dogs to be licensed in the Town: Male Dog...$25.00 Female Dog...25.00 Spayed Female Dog...10.00 Neutered Male Dog...10.00 Exceptions— If the owner or keeper of any dog has a written statement from a veterinarian indicating that because of age, infirmity or other physical condition spaying or neutering is deemed inadvisable and presents said written statement to the town clerk, the licensing fee shall be 10.00. No fee shall be charged for a license for a dog specifically trained to lead or serve a blind, deaf, or handicapped person upon presentation to the town clerk for a certificate of such training. Overdue Licenses—No license may be issued for any dog unless all prior overdue licenses(i.e. licenses from prior years which were required but not obtained) have been paid for. Any owner or keeper of a dog who moves into the town and has a valid dog license for his/her dog from another town or town in the commonwealth shall, within 30 days, obtain a dog license for a fee of$5.00 upon producing evidence of the previous license. The town clerk shall collect a late fee of$10.00 for every dog license issued after the 30 day period, as defined in section 96-3. Any person, who violates the provisions of 96-3 or 96-4, shall receive a written warning, issued by the animal control officer or police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of$50.00, which shall be paid to the town treasurer. §96-5 Vaccination of dogs and cats against Rabies The owner or keeper of a dog or cat in the town six months of age or older shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer direction and approved by the Massachusetts Department of Public Health. Unvaccinated dogs and cats acquired or moved into the commonwealth shall be vaccinated within 30 days after the acquisition or arrival into the town or upon reaching the age of six months, whichever last occurs. Such owner or keeper shall procure a veterinarian's certificate that such animal has been so vaccinated, setting forth the day of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certificate was issued. The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; provided, however,the owner of a cat may choose not to affix a tag to his cat, but shall have the tag and certificate available for inspection upon demand by animal control officers, police officers or other such authorized officials of the town. Vaccinated animals, dog or cat, shall be revaccinated periodically in accordance with the rules and regulations adopted by and promulgated by the Massachusetts Department of Public Health. Any person who violates the provision of section 4-25 shall receive a written warning, issued by the animal control officer or police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of$45.00, which shall be paid to the town treasurer. §96-6 Limit on number of dogs or cats; fine a. Kennel License. No person shall keep more than four cats being over the age of three months, and/or more than three dogs over the age of three months without complying with the requirements of the Town of Agawam Zoning Ordinances, and obtaining a kennel license as stated in section 96-7. Those persons who kept more than three dogs or four cats on their premises in compliance with the applicable ordinances and regulations in effect at the time may keep said animals in excess of the aforesaid limit, but said animals may not be replaced so as to exceed the three dog and four cat limit. b. Penalties. Any person who violates the provisions of this section shall receive a written warning, issued by the animal control office or police officer for the first offense and for each subsequent offense shall be liable for a payment of a fine of $50.00 for each calendar day in violation of this section, which shall be paid to the town treasurer. c. Limitation. The maximum number of"pets" or"companion animals"permitted at any single-family dwelling in the town shall total no more than six provided, however, that at no time are there more than three dogs or four cats aged six months or older. The maximum number of dogs and cats permitted at each individual unit of a two-family or multifamily apartment, condominium or other congregate living facility shall not exceed one dog and one cat per unit, regardless of the zoning district in which the facility is located. §96-7 Kennel Licenses Any person or business maintained for a residential kennel or commercial kennel as defined in this article shall obtain the appropriate kennel license from the town clerk. The town clerk shall not issue any kennel license for any use not in compliance with the zoning ordinance. The town clerk shall not issue a residential kennel license unless the owner or keeper provides the town clerk with a veterinarian's certificate verifying that each dog or cat six months of age or older is currently vaccinated against rabies. Issuance of a residential or commercial kennel license, and continued use of said license, shall be contingent upon inspection and approval by the animal control officer to ensure that basic standards of cleanliness and proper care and confinement of said dogs or cats exist on the premises. Such license shall be in a form prescribed by the town clerk. Such license shall be in lieu of any other license for any dog or cat while kept at such kennel during any portion of the period for which the kennel license is issued. The holder of a license for a kennel shall cause each dog or cat kept therein to wear 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 year of issue and the inscription "AGAWAM." The fee for each license for a kennel shall be $100.00 for a residential kennel license and $200 for a commercial kennel license. The name and address of the owner of each dog or cat kept in any kennel, if other than the person maintaining the kennel, and a veterinarian's certificate verifying that each do or cat six moths of age or older is currently vaccinated against rabies, shall be kept on file thereat and available for inspection by the animal control officer or any authorized person. The town 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 the relief of suffering among animals. A veterinary hospital shall not be considered a kennel unless it contains an area for the selling, breeding, or boarding of dogs or cats for other than medical purposes, in which case it shall apply for a kennel license. The license period for a kennel license shall be from January I to December 3 1. Any person who violates the provisions of this section shall receive a written warning by the animal control officer or police officer, for the first offense, and for each subsequent offense shall be liable for payment of a fine of$50.00 for each calendar day in violation of this section, which shall be paid to the town treasurer. §96-8 Kennel Inspection and Regulation The animal control officer, board of health, zoning enforcement officer and/or any agent authorized by the town may, at any time during normal business hours, inspect or cause to be inspected any kennel or property holding a kennel license, residential or commercial. If, in their judgment, the animal control officer, board of health, zoning enforcement officer or any agent authorized by the town, after inspection determines the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the mayor(or his/her designee) may, by order,revoke or suspend, and in case of suspension, may reinstate such license issued under this article. Upon written complaint from the animal control officer or a resident of the Town of Agawam, filed with the chief of police, setting fort that they are aggrieved, annoyed to an unreasonable extent, by one or more dogs at a kennel because of the excessive barking or vicious disposition of said dogs or cat or other conditions connected with such kennel constituting a public nuisance, the chief of police (or his designee) within seven calendar days after the filing of such petition, shall give notice to all parties in interest of a public hearing,conducted by the chief of police or his/her designee, to be held within 14 calendar days after the date of such notice. Within seven calendar days after such public hearing said chief of police (or his designee) shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. The holder of such license aggrieved by any decision rendered by the chief of police (or his designee) may appeal such decision in accordance with M.G.L.A. c. 140 §137C. Any person maintaining a kennel after the license has been so revoked. Or while such license is so suspended, may be punished by a fine of$50.00, which shall be paid to the town treasurer, for each calendar day in violation of said revocation or suspension. §96-9 Barking dogs, meowing cats No person owning or keeping or otherwise responsible for a dog or cat shall allow or permit said dog or cat to annoy another person's reasonable right to peace or privacy by making loud and continuous noise, where such noise is plainly audible at a distance of 150 feet from the building, premises, vehicle Or conveyance housing said dog or cat, and such noise is continuous in excess of ten minutes. The fact that such noise is plainly audible at such distance and continuous in excess of ten minutes shall be prima facie evidence of a violation. Any person who violates this provision shall receive a written warning, issued by the animal control officer or police officer, for the first offense, and shall be liable for payment for the following fines: $30.00 for the second offense, $50.00 for the third offense, and $100 for the fourth offense and each subsequent offense, Said fine shall be paid to the town treasurer. §96-10 Payments to veterinarians for emergency treatment of dogs or cats injured on ways. Any veterinarian registered under the provisions of M.G.L.A. c.112 §§55 or 56A who renders emergency care or treatment to or disposes of a dog or cat that is injured on any way within the town,and brought to a veterinarian by the animal control officer or police personnel, shall receive payment from the owner of such dog or cat, if known, or if not known, from the dog fund of the town, in an amount not to exceed $100.00 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 24 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, said animal control officer shall assume control of such dog or cat. §96-11 Dogs and/or cats at large prohibited; [cashing required; Ime. a. Any person owning, keeping or being responsible for a dog and/or cat shall not allow nor permit said dog and/or cat to run at large on any of the streets or public places in the town or upon any private property, unless the owner or lawful occupant of such property grants permission therefore, b. No dog and/or cat shall be allowed or permitted in any public place or street within the town unless it is effectively restrained and controlled by a chain or other form of leash, not to exceed a length of six feet,that is sufficient to hold the dog and/or cat, or unless it is within and confined to a motor vehicle. c. In any prosecution hereunder, the presence of such dog and/or cat at large upon premises other than the premises of the owner or keeper of such dog and/or cat shall be prima facie evidence that such knowledge and permission was not had. d. The owner or keeper of a dog and/or cat who has violated any of the provisions of this section shall be punished by a written warning, issued by the animal control officer or police officer, for the first offense, a fine of$75.00 for the second offense, a fine of $100.00 for the third offense and $200.00 for the fourth and each subsequent offense, to be paid to the town treasurer. §96-12 Enforcement of unleashed/at large dog and/or cat It shall be the duty of the animal control officer or police officer,to apprehend any dog and/or cat found running at large and to impound such dog and/or cat in the animal shelter or other boarding facility. The animal control officer or impounding officer shall keep a register and make a complete record of each impounding. The record shall contain the following information: breed,color,and sex of each dog or cat, whether or not the dog is licensed,the license number, if any; the name and address of the owner, if known; the date and place of apprehension; and the location where the dog or cat is being kept. The owner of an i mpounded dog or cat,when known,shal I be noti fied verbal I y o r i n writing of such impoundment or, if the owner is unknown, written notice shall be posted with the police department. Notice shall contain a description of the dog or cat, date and place of apprehension and where the dog or cat is being kept. The owner, or keeper or responsible person may rcclaim the dog or cat so impounded upon payment of the license fee, if unpaid,and proof of rabies vaccination in the form of a rabies vaccination certificate from a certified veterinarian, and the payment of impoundment and boarding fees and the cost relevant to such impoundment. §96-13 Fee from reclamation of impounded dog or cat; failure to claim impounded dog or cat. a. An owner or keeper of a dog or cat reclaiming an impounded dog or cat shall pay to the animal control officer for deposit with the town treasurer an administrative fee of $125.00. In the event that the owner or keeper of the dog or cat being reclaimed provides proof of rabies vaccination sufficient for the animal control officer to deten-nine that the rabies vaccination for the animal being reclaimed is current, the animal control officer shall reduce the reclamation fee to$50.00. The reclamation fee is an administrative fee in addition to any fine due of the owner or keeper of the animal for violation of the animal control ordinances of the town. b. Any dog or cat whose owner or keeper fails to claim said dog or cat within ten calendar days from the day of impounding shall be subject to the provisions set forth in M.G.L.A. c. 140, §151 A. §96-14 Removal of dog or cat waste from public property of property of others. No person owning or having the care,custody, or control of any dog or cat shall permit said dog or cat to soil or defile or commit any nuisance upon any sidewalk, street,thoroughfare, wetland, in or upon public property or in or upon the property of persons other than the owner or persons having the care,custody, or control of such dog or cat, unless said person picks up any such waste and disposes of it in a sanitary manner. Any person found in violation of§96-14 by the animal control officer or police officer shall be liable for payment of a fine of$25.00 for each offense, which shall be paid to the town treasurer. §96-15 Inhumane Treatment Any person owning, keeping, in control of or otherwise responsible for a companion animal, farm animal or any other dog or cat who, in the opinion of the animal control officer, is treating the aforementioned animals in an inhumane manner(such treatment may include, but not be limited to: prolonged chaining or tethering of animals;extended outdoor confinement, lack of access to food, water or shelter;exposure to hazardous conditions)shall be subject to a written warning and/or a fine, issued by the animal control officer or police officer, of$150.00 for the first offense and $300-00 for each subsequent offense, paid to the town treasurer, or by imprisonment for not more than 30 calendar days for the first offense and not more than 60 calendar days for a second or subsequent offense, or both. If any of the aforementioned persons violates this section more than five times,the animal control officer or police officer may,after a hearing conducted by the chief of police or his/her designee, with not less than ten calendar days' notice to owner or keeper, confiscate the subject animals or order the person to permanently surrender the animal or animals for placement. If placement is not obtainable,the animal or animals may be ordered euthanized. Where, in the opinion of the animal control officer, said aforementioned treatment of said animals places the animals at imminent risk, the animal control officer may immediately remove an impound the animal for its own protection. §96-16 Dangerous and potentially dangerous dogs and cats a. Procedurefor determining a potentially dangerous or dangerous dog or cat. Based upon receipt of a written complaint by a citizen requesting a determination that a dog or cat is potentially dangerous or dangerous, or on the initiative of an animal control officer based on information received, such officer or the chief of police may make an investigation and determination that a dog or cat is potentially dangerous or dangerous. The investigation and determination shall be in accordance with the provisions of this article and shall be consistent with the procedures delineated in M.G.L.A. c. 140, § 157. b. [Determination ofpotential danger or danger.] When a dog or cat is determined to be potentially dangerous or dangerous, the chief of police may order any or all of the following: (1) Spaying or neutering; (2) Microchip identification, tattooing or other means of permanent identification; (3) Behavior training and behavioral assessment; and (4) Any other order concerning the keeping, restraint, removal from the town, humane euthanasia, or disposal; of such dog or cat as may be deemed necessary, in accordance with M.G.L.A. c. 140, § 157. Such orders may include: (i) Requirements at homefor dogs or cats that have been determined to be potentially dangerous or dangerous. While on the owner's or keeper's property, a dog or cat that has been determined to be potential-ly dangerous or dangerous may be ordered securely confined indoors or in a security-enclosed and locked pen or structure of a type meeting standards established by the animal control officer, suitable to prevent the entry of young children and designed to prevent the dog or cat from escaping. Such pen or structure must have a minimum dimension of 12 feet by 12 feet by six feet high, with a solid floor to prevent the dog or cat from digging out and a top to prevent the dog or cat from climbing out. If the pen has no solid floor secured to the sides, the sides must be embedded into the ground no less than two feet io prevent the dog or cat from digging out. The enclosure must provide the dog or cat with adequate shelter from the elements of nature. The owner shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog or cat. (ii) Requirements outside of the home for dogs or cats that have been determined to be potentially dangerous or dangerous. While off the owner's or keeper's premises, a dog or cat that has been determined to be potentially dangerous or dangerous must be restrained by a lead approved by the animal control officer not exceeding six feet in length and must be under the direct physical control of a responsible, able-bodied adult. No dog or cat designated as a potentially dangerous or dangerous dog or cat shall be permitted at public festivals, carnivals, parades or similar events. The dog or cat may be required while at large to wear a muzzle designed to prevent the dog or cat from biting. The muzzle must prevent injury to the dog or cat and must not interfere with the dog's or cat's vision or respiration. The owner or keeper of a dog or cat that has been determined to be potentially dangerous or dangerous must immediately notify the animal control officer if the dog or cat (a) is loose or unconfined, (b) bites a person or attacks another animal, (c) is sold, given away or dies, (d)has been moved to another address,and the location of the new address. (c) Exemptions. No dog or cat may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or cat, or was teasing, tormenting, abusing, or assaulting the dog or cat or has in the past been observed or reported to have teased, ton-nented, abused or assaulted the dog or cat or was committing or attempting to commit a crime. The provisions of this article shall not apply to dogs owned by law enforcemeni agencies or law enforcement officers in the performance of police work. (d) Penalties. Any person owning or harboring such dog or cat that has been deemed potentially dangerous or dangerous who fails to comply with an order of the chief of police, or his/her agents, in accordance with this section, shall be punishable by a fine of $150.00 for the first offense and $300.00 for a subsequent offense, paid to the town treasurer, or by imprisonment for not more than 30 calendar days for the first offense and not more than 60 calendar days for a second or subsequent offense, or both. If said animal is found on property not owned or controlled by its owner or keeper, or is found to be not restrained in a secure area, or is found to be in violation of any order issued by the chief of police, said dog or cat may be subject to further restriction, including an order of removal from the town or humane euthanasia, in accordance with the laws of the commonwealth. Each calendar day there exists a violation of any of the provisions of this article shall constitute and be punishable as a separate offense, A dog or cat that has been determined to be potentially dangerous or dangerous shall not be considered legally licensed, pursuant to M.G.L.A. c. 140, §§ 137 and 147 unless the owner or keeper is in full compliance with this article. §96-17. Motor vehicles; striking, injuring or killing dogs or cats. The operator of a motor vehicle that strikes and injures or kills a dog or cat on the byways of the town shall forthwith report such an accident to the owner or keeper of said dog or cat or to a police officer or animal control officer. A violation of this section shall be punished by a fine of$75.00 to be paid to the town treasurer. §96-18. Enforcement. In addition to fees or penalties detailed in any specific section of Chapter 96, or criminal penalties as expressed in the General Laws, any violation of this Chapter 96 may be enforced by the Chief of Police orhis designee, or the Animal Control Officer, by criminal or civil complaint and/or as set forth in M.G.L. c. 40 §21 D, as amended from time to time, that is, non-criminal disposition. Each calendar day that any violation exists shall constitute a separate violation under this provision. Fines issued shall be as follows, unless they are in specified within separate sections of this chapter: 1. First offense: $25 2. Second offense: $50 3. Third and each subsequent offense: $100. §96-19. Severability. These rules and regulations are adopted with the intent that each of them shall have force and effect separately and independently of each other, except insofar as by express reference or necessary implication any rule or part of any rule is made dependent upon another rule or part thereof. §96-20 Fees and Expenses All Fees and Fines collected under this chapter will be utilized to offset the cost and expenses incurred under this chapter and for the care and sheltering of dogs in the custody of the Town, unless otherwise required by Massachusetts General Law. TOR-2011- 2 A ORDiNANcE-REGARDING A NEw CHAPrER 96 CoNmmm DOGS SPONSORED BY:MAYOR RicHARD COHEN VVHEREAS, the Town is empowered to adopt and enforce ordinances related to the regulation of dogs via M.G. L. c. 140, §147A (adopted by the town on August 7, 1989); WHEREAS, the current dog ordinance was adopted on September 21, 1981. WHEREAS, animal control ordinances are essential to addressing the health concerns that unlicensed and dangerous dogs may present to the community; WHEREAS, it is in the best interests of the Town of Agawam fo adopt ordinances that.allow the Dog Licensure Fund and Animal Control Ordinances to be self-sustaining community efforts; NOW THEREFORE, the Agawam City Council-hereby repeals the previous Chapter 96 AND further resolves pursuant to M.G.L. c. 140, §147A to: a. adopt the attached Chapter 96: Concerning the licensure and treatment of Dogs; DATED THIS DAY OF 2011. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President 11Z RIVE S TO FORM AND LEGALITY Vinc-At-F. Gioscia, Solicitor TOR-2011--L A ORDiNANcE REGARDING A NLrw CHAPTER 96 CoNcERNiNG DoGs spoNsoRm BY:MAYoR RicHARD CoHEN WHEREAS, the Town is empowered to adopt and enforce ordinances related to the regulation of dogs via M.G. L. c, 140, §147A (adopted by the town on August 7, 1989); VvIiEREAS, the current dog ordinance was!dqpted on September 21, 1981. WMREAS, animal control drdinances are essential to addressing the health concerns that unlicensed and dangerous dogs may present to the community; WHEREAS, it is in the best interests of the Town of Agawam to adopt ordinances that allow the Dog Licensure Fund and Animal Control Ordinances to be self-susudning community efforts; NOW THEREFORZAhe Agawam City Council hereby repeals the previous Chapter 96 AND further resolves pursuant to M.G.L. c. 140, §I 47A to: a. adopt the attached Chapter 96: Concerning the licensure'and treatment of Dogs; .DATED THIS DAY OF 2011. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, President PRqVE TO FORM AND LEGALITY it VinceAt F. Gioscia, Solicitor INTEROFFICE MEMORANDUM TO: VINCE GIOSCIA, CITY SOLICITOR FROM: BARBARA BARD, ADMIN ASST TO THE CITY COUNCIL SUBJECT: MARCH 21, 2011 AGENDA DATE: 3/8/2011 Please note that I have changed the March 21" Agenda to reflect your requested change for TOR-2011-2 to read "Ordinance" instead of "Resolution", however, the signed original still reads "Resolution". Would you like to send me a corrected signed original? Thank you. F F*-G AGAWAM POLICE DEPARTMENT 681 Springfield Street, Feeding Hills, MA 0 1030 .01 Telephone- (413)786-4767 or 786-0400 Ext 260 FAX (413)786-4821 Pat 1-65E� MASS Robert D. Campbell Chief of Police Lieutenant Eric Gillis Agawam Police Department 681 Springfield Street I*C') OF Feeding Hills, MA 01030 Agawam Town Council 36 Main Street FP Agawam, MA 0 100 1 March 2,2011 Dear Members of the Agawam Town Council, I am writing you today to ask for your serious consideration of the resolutions attached hereto that speak to the approval of an inter-municipal agreement that would allow us the shelter at-large dogs at the Westfield animal shelter and the adoption of a new Chapter 96 concerning. dogs. First I would like to provide you with a bit of background about how I became involved with this matter. In July 2010, 1 was assigned by Chief Robert D. Campbell to attend a meeting regarding the issues that had arisen as a result of our adoption of the inter-municipal agreement with the City of West Springfield with regard to sharing an animal control officer, and act as liaison to the Mayor's Office. During that meeting I was given the responsibility of trying to correct those problems and bring the matter to swift resolution. I had no previous experience with,the ins and outs of animal control matters, and knew only that we had an animal control officer. I soon found out that the problems that had arisen from our West-Springfield agreement were as the result of that City's inability to shelter at-large dogs from their community and medically treat same. The only matter that would require our input- had to do with response protocols and a communication plan. Sheltering arrangements and veterinary care were the concern of West Springfield alone and we were assured by their officials that they were working toward solution of those problems. I consulted with our A.C.O. Allison Strong regarding response protocols and communications and soon realized that our animal control program had a variety of problems that were independent of the logistical problems posed by our agreement with West Springfield. Prior to Ms. Strong's tenure as A.C.O., Robert Burke had served as the Town's A.C.O. Mr. Burke had an agreement with a local. veterinarian for medical treatment of animals 'that he came into contact with. Additionally, the Town had 'an agreement with a.private kennel owner in West Springfield for temporary sheltering of at-large dogs located within our Town. This sheltering agreement was in place for close to two decades, and upon Mr. Burke's retirement, the private kennel owner in West Springfield retired and closed his business. This development was completely un- foreseeable and outside of our control. This sudden change left our current A.C.O., Allison Strong who had replaced Mr. Burke without a place to temporarily shelter dogs that she picked up. Thinking on her feet, A.C.O. Strong contacted the Southwick A.C.O. and devised an agreement with her for us to utilize their shelter. As you will read, we later learned that knowledge of this agreement did not extend beyond the Southwick Chief of Police Mark Krynicki. Newly seated Mayor Richard Cohen was unaware of the tenuous nature of our animal sheltering capabilities as they had been put into place prior to his election. As our inter-municipal agreement with West Springfield became public, the elected officials in Southwick learned that they had been providing assistance to us and launched an immediate inquiry into the matter. It should be noted that at no time were any West Springfield animals sheltered at the Southwick location, nor were there any plans or discussions to do so in the future. By the time the Southwick inquiry into their dealings with us swung into action, I had become involved and was looking for ways to work out the logistics problems presented by the West Springfield Agreement. It was now apparent that the problem of sheltering at-large dogs that our own program faced was far more pressing than any logistical problems posed by our agreement with the City of West Springfield. I immediately advised Mayor Cohen of our problems with the Town of Southwick. After speaking with him, dealing with our sheltering problem became my priority, and I immediately began to explore our options with regard to sheltering at-large dogs that were located within our community. To put it plainly there were very few options, and those that were available were fraught with complications. First, I explored the possibility of securing the services of the Thomas J. O'Connor facility. This was not a viable option, as the rates were exorbitant. Above and beyond the cost was the lack of reliability and swift response that had become a trademark of this organization. It is worth noting that lengthy response times and low reliability factors had actually been the primary impetus behind the City of West Springfield cancelling their contr,act with Thomas J. O'Connor. I then explored the possibility of constructing our own shelter. Not only did I discover that it would be very expensive, but that the initial construction costs were just the tip of the iceberg. Who would staff the facility9 How would they be paid? Could we really justify these increased expenditures? Simply put, with all of the collateral considerations, building our own shelter was not a viable option. However my exploration of creating our own facility provided me with an opportunity to speak to Captain Michael McCabe of the Westfield Police Department who has proven to be a valuable contact. Captain McCabe had been given the un-enviable role of sorting out the City of Westfield's animal sheltering problems in the wake of the collapse of his City's animal sheltering agreement with the Town of Southwick several years earlier. In resolving his situation, Captain McCabe brought together local private animal groups and the City of Westfield to create a shelter within their City. During my initial discussion with him, he offered to help us out in the short-term and allow us to shelter our animals at their location until we could resolve our - 2 - situation, as the viability of our agreement with the Town of Southwick was unclear. I thought his offer was very generous, and was heartened by his offer of assistance. I brought my news to Mayor Cohen regarding the avenues I had explored to remedy our problem, and also informed him of Captain McCabe's offer. Mayor Cohen was happy to team of Westfield's offer, but wished to explore the possibility of formalizing our agreement with Southwick. It seemed like the best choice, as we had worked with them for nearly two years without problem. At his request I arranged for a meeting with Mr. Karl Stinehart, CEO of the Town of Southwick, and Southwick Chief of Police Mark Krynicki. Like Agawam, the A.C.O. of Southwick falls under the umbrella of the Police Department. Mayor Cohen, Chief Campbell, City Solicitor Vince Gioscia and I met with Mr. Stinehart and Chief Krynicki to discuss our desire to formalize our agreement. It became very apparent in our meeting that Mr. Stinehart and Chief Krynicki had no interest in formalizing our agreement. The only option with which we were provided by Chief Krynicki was to pay a substantial monthly fee to the Town of Southwick with the caveat that we would be out of their facility within six months. We were all acutely aware that in recent years, Southwick had travelled down a similar road with the City of Westfield that ended with the dissolution of their agreement and the City of Westfield building its own shelter. Cost and lack of a longer term resolution made it clear that the offer from Mr. Stinehart and Chief Krynicki was not a viable option. However in the spirit of inter-municipal assistance, Mr. Stinehart was kind enough to allow us to continue to shelter our at-large dogs at their facility for a couple more months. After our meeting with Southwick, I re-contacted Capt. McCabe to see if the City of Westfield had any interest in a formal long-term relationship. I was happy to find out that they were extremely open to that possibility. However, if we were to take this path, then it would be necessary for them to expand their facility's capacity. We had several meetings with Mayor Knapik of Westfield, Chief of Police John Camerota and Capt. Michael McCabe. These discussions also involved Mayor Edward Gibson of West Springfield to discuss his City's possible involvement with the Westfield Shelter, as they found themselves in a predicament similar to ours. After months of back and forth between us and our respect Law Departments we came up with the agreement that this letter accompanies. As you will read, the agreement calls for us to pay one half of the costs associated with expanding the capacity of the Westfield Shelter. I think you'll agree that the price we'll pay will be far less than constructing a facility of our own or contracting with an outside agency or entity to provide us with these services. We will enjoy the benefits of all of the volunteers that Westfield has assembled to run their facility as well. The agreement with Westfield also calls for us to assume one-third of the operating costs of the shelter with respect to rental payments and utilities. Again, these costs are far less than what we would be paying if we handled it another way. Most importantly this is the best and most cost effective solution to our animal sheltering needs. You should further know that while I was dealing with our animal sheltering problem, I discovered that our animal control ordinances were disorganized and in many instances deficient. I approached Mayor Cohen, and asked for his permission to try and re-vamp our ordinances to make them more cohesive and centralized within our municipal code. I also sought to change the fee structures associated with animal control in an effort to offset any animal sheltering costs and make the program more self- - 3 - sustaining. I realized that a change in these structures was long overdue after I conducted an analysis of the fees charged by many of our surrounding communities, and found out that we were far below the average rates that other communities charge. I along with the Law Department conducted extensive research into animal control regulations, and together with input from A.C.O. Strong we have created the revised Chapter 96 that you are about to review. I firmly believe that your adoption of these resolutions will enable us to modernize our animal control program and move it toward a more self-sustaining status. Most importantly your approval of the agreement with the City of Westfield will finally allow us to resolve our issue of sheltering at-large dogs located within our community. I have worked hard to present you with a comprehensive solution to our animal control needs, and as such I would ask that you give it serious consideration. Thank you in advance for your time and attention to this matter. 7 R ect y sub ed, c Lieutenant/cGillis -4 -