Contact information:Donna Lambert, Animal Control OfficerPhone 508-636-1115 email lambertd@westport-ma.gov
Licenses fees are: $15 - Male and Female; $ 10 - Spayed and Neutered A valid Rabies Certificate is required (whether in person or by mail). Licenses can be picked up in person at the Town Clerk’s Office or by mail. If renewing by mail, send a check payable to: "Town of Westport" 816 Main Road, Westport, MA 02790. : Include a Rabies Certificate, spay or neutered certificate and self-addressed, stamped return envelope. Your certificate will be mailed to you. |
Pursuant to Mass. General Laws Chapter 140, Section 173 and 173A as amended the following By-Laws are adopted pertaining to the restraint of dogs:
2201. DEFINITIONS - As used in these By-Laws the following terms mean:
At Large - Any dog shall be deemed to be at large when he is off the property of his owner and not under control of a competent person.
Dog Fund - The fees, fines, and reimbursements collected in connection with the licensing of dogs and the enforcement of this By-Law.
Dog Officer - Officer(s) annually appointed by the Selectmen on May first to enforce the laws relating to dogs.
Dog Pound - Any premises designated by the Selectmen of the Town for the purpose of impounding and caring for all animals found running at large in violation of this By-Law.
Kennel - Any person, group of persons, or corporation engaged in the commercial business of breeding, buying, selling or boarding dogs.
License Period - The time in between April first and the following March thirty-first, both dates inclusive.
Livestock or Fowls - Animals or fowls kept or propagated by the owner for food or as a means of livelihood; also deer, elk, cottontail rabbits and northern hares, pheasants, quail, partridge and other birds and quadrupeds determined by the department of fisheries, wildlife and environmental law enforcement to be wild and kept by, or under a permit from, said department in proper houses or suitable closed yards. This shall not include dogs, cats and other pets.
Owner - Any person, group or persons, or corporation owning, keeping or harboring a dog or dogs.
Restraint - A dog shall be deemed under restraint within the meaning of these By-Laws if it is on a leash or other type of permanent physical control or controlled by a competent person and obedient to that person's commands, on or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
2202.1 Any person who at the commencement of the license period, or who during any license period becomes, the owner or keeper of a dog three months old or over which is not duly licensed, shall cause it to be duly registered, numbered, described, and licensed until the end of such license period. In order to own or keep such dog after the beginning of the succeeding license period shall, before the beginning thereof, cause it to be registered, numbered, described, and licensed for such license period. Registration, numbering, description, and licensing shall be with the office of the Town Clerk.
2202.2 KENNEL LICENSES
Every person maintaining a kennel shall have a kennel license providing, however, it does not violate the provisions of the Zoning By-Laws. Kennel licenses under this section shall be issued by the Town Clerk. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a kennel shall cause each dog kept therein to wear, while it is at large, a collar or harness of leather or other suitable material, to which shall be securely attached a tag upon which shall appear the number of such kennel license and the year of issue. Such tags shall be furnished to such owner or keeper by the Town Clerk.
2202.3 KENNEL LICENSES/TAGS/CERTIFICATES Every holder of a kennel license, upon delivering an unlicensed dog to a purchaser or to any other person, shall attach to such dog a collar or harness which shall carry a tag marked with the name and address of such kennel licensee, and a number which number shall be properly recorded on the records of such licensee, and shall also furnish to the person to whom the dog is delivered a certificate bearing the same number and a description of the dog. Such certificate shall bear the date of purchase, exchange or gift and, with the tag, shall, for a period of two weeks following such date, be a legal substitute for a license. The purchaser or other recipient of a dog shall, within two weeks of the purchase or receipt of such dog, either return the same to the licensee from whom it was received, together with the collar or harness, tag and certificate, or return to such licensee said tag, and a certificate signed by the Town Clerk certifying that the dog has been licensed in the name of such purchaser or recipient or of some other person. If any such purchaser or recipient fails to comply with the preceding sentence, such licensee shall notify the Town Clerk of the purchase, exchange or gift of such dog and shall furnish to such Town Clerk the date thereof, and the name and address of the purchaser or recipient.
2202.4 KENNEL LICENSES - INSPECTION OF KENNELS
The Westport Dog Officer, the Assistant Dog Officer, the Police Chief, the Board of Selectmen, the Board of Health or any police officer authorized by any of said officials may at any time inspect or cause to be inspected any kennel and if, in their or his judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the Westport Dog Officer and the Board of Selectmen shall by order revoke or suspend, and in case of suspension, may reinstate such license. Upon the petition of twenty-five citizens, filed with the Board of Selectmen, setting forth that they are aggrieved, or 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 other conditions connected with such kennel constituting a public nuisance, said Board of Selectmen within seven days after the filing of such petition, shall give notice to all parties of interest of a public hearing to be held within fourteen days after the date of such notice. Within seven days after such public hearing, the Board of Selectmen shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition.
2203.1 RABIES - DESCRIPTION ON LICENSE
Every license issued to the owner of a dog shall have a description of the symptoms of rabies printed thereon.
2203.2 VACCINATION OF DOGS AGAINST RABIES Whoever is the owner or keeper of a dog six months of age or older shall cause such dog to be vaccinated against rabies by a licensed veterinarian. Such owner or keeper shall procure a veterinarian's certificate that such dog has been so vaccinated and setting forth the date of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certificate was used, or a metal rabies tag bearing an expiration date indicating that such certification is still in effect in order to obtain a license(s).
2204. FEES The Board of Selectmen, as provided elsewhere in these By-Laws, shall from time to time review and set any applicable fees for the registration, numbering, description, and licensing of dogs; for loss due to damages by dogs, and for expenses related to appraisal of such losses. Any fees or fines collected pursuant to this By-Law shall be paid into the town treasury, along with any interest accrued.
2205. RESTRAINT No person owning or harboring a dog shall suffer or allow it to run at large in any of the streets or public places in the Town of Westport or allow it upon the premises of anyone other than the owner or keeper of such dog without the permission of the owner or occupant of such premises. No dog shall be permitted in any street or public place within the Town of Westport unless it is effectively restrained as above defined by a chain or leash not exceeding seven (7) feet.
2206. IMPOUNDMENT Any dog or dogs, found running at large if approachable and can be caught shall be taken up by the Dog Officer and impounded in the shelter designated as the Town Dog Pound, and there confined in a humane manner for a period of the number of days that the State mandates and may thereafter be disposed of in a humane manner if not claimed by their owners. Dogs not claimed by their owners before the expiration of the number of days that the State mandates may be disposed of at the discretion of the dog officer, except as hereinafter provided in the case of certain dogs.
2206.1 Immediately upon impounding dogs or other animals, the dog officer shall make every possible reasonable effort to identify the owners of such dogs or other animals, so impounded, and shall notify such owners within 48 hours of the conditions whereby they may regain custody of such animals.
2206.2 Any dog determined by the dog officer to be fierce, dangerous, or vicious shall not be redeemed unless the owner thereof shall agree to confine the dog within a building or secure enclosure that is approved by the Dog Officer.
2208. Any animal impounded under the provisions of these Regulations and not reclaimed by its owner within seven (7) days, may be humanely destroyed by the dog officer, or placed in custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of these Regulations and such other regulations as shall be fixed by the Town of Westport.
2209. EMERGENCY TREATMENT Any registered veterinarian who renders emergency care or treatment to, or disposes of, a dog or cat that is injured on any way, shall receive payment from the owner of such dog or cat, if known, or if not known, from the Town of Westport dog fund in an amount not to exceed twenty dollars for such care, treatment or disposal; provided, however, such emergency care, treatment or disposal shall be for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of twenty-four hours, whichever is sooner. Any veterinarian who renders such emergency care or treatment to, or disposes of, such dog or cat shall notify the Westport Dog Officer and, upon notification, such dog officer shall assume control of such dog or cat.
2210. KILLING OF CERTAIN DOGS If the dog deemed to be at large is determined by the Dog Officer to be dangerous, or worrying persons, or worrying animals, or a threat to private property, or is otherwise unapproachable, it will be executed by the Dog Officer or a duly appointed Police Officer.
2211.1 The Board of Selectmen or their authorized agents thereto authorized in writing, may, after written notice to the owner or keeper, enter upon the premises of the owner or keeper of any dog known to them to have worried or killed live stock or fowls, and then and there kill such dog unless such owner or keeper whose premises are thus entered for the said purpose shall give a bond in the sum of two hundred dollars, with sufficient sureties, approved by the Board of Selectmen, conditioned that the dog shall be restrained for twelve months next ensuing. And if the owner or keeper of the dog declares his intention to give such a bond said Selectmen, Chief of Police or his or their agents, shall allow him seven days, exclusive of Sundays and holidays, in which to procure and prepare the same and to present it to them, or to file it with the Westport Town Clerk.
2211.2 Whoever suffers loss by the worrying, maiming or killing of his live stock or fowls by dogs, outside the premises of the owners or keepers of such dogs, may, inform the Westport Police Department, who shall be designated by the Board of Selectmen to receive such information, and, if the damage is done in the Town, may notify the Chairman of the Board of Selectmen, or if he/she is absent or ill, any one of the Selectmen, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof if it does not exceed fifty dollars. If in the opinion of said police officer, Chairman or Selectman, the amount of said damage exceeds fifty dollars, the damage shall be appraised, on oath, by three persons, of whom one shall be such police officer, Chairman or Select-man, one shall be appointed by the person alleged to be damaged, and the third shall be appointed by the other two. The said appraisers shall consider and include in such damages the labor and time necessarily expended in the finding and collecting of the live stock or fowls injured or separated and the value of those lost or otherwise damaged by dogs. The police officer, Chairman or Selectman shall return a certificate of damages found to the Town Treasurer within ten days after such appraisal is made. The Town Treasurer, within thirty days shall examine all bills for damages, and may upon request of an interested party, summon the appraisers and all parties interested and make such investigation as they may deem proper, and shall issue an order upon the Town Treasurer for such amounts, if any, as they decide to be just and shall notify all interested parties of their decision. The Town Treasurer shall pay all orders drawn upon him in full, for the above purpose, in accordance with the reimbursement schedule as determined by the Board of Selectmen from time to time, and for the expenses of appraisal out of the money in the Dog Fund. All appraisers shall receive from the Dog Fund a sum of money as provided under Section 2204 for every such examination made by them and mileage one way for their necessary travel as provided under Section 2204.
2211.3 No owner of livestock or fowls shall be reimbursed for damages, as provided under Section 2204, in-flicted by his own dog or dogs, nor shall he be reimbursed for any damage by any dog if, at the time such damage was inflicted, he was himself the owner or keeper of an unlicensed dog of the age of three months or older. No reimbursement shall be made on account of damages by a dog to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge and other livestock or fowls determined by the Department of Fisheries, Wildlife and Environmental Law Enforcement to be wild unless they are kept by, or under permit from, said Department, nor unless they shall be kept in proper houses or in suitable enclosed yards. No reimburse-ment shall be made for damage by a dog to dogs, cats and other pets. Awards shall in no case exceed the fair cash market value of such livestock or fowls.
2214.1 It shall be the duty of the dog officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his custody.
2214.2 It shall be the duty of the dog officer to keep, or cause to be kept accurate and detailed records of all bite cases reported to him and his investigation of the same.
The provisions of this By-Law shall be enforced by the dog officer of the Town of Westport and may be enforced by any Police Officer of said Town.
2216. KILLING OF DOGS FOR HUMANE PURPOSES When, in the judgment of the dog officer or any police officer, in this Town, an animal should be destroyed for humane reasons, such animal may not be reclaimed, and may be destroyed by the Dog Officer or Police Officer.
2217. DOGS ON SCHOOL PROPERTY: COMPLAINTS MADE TO DOG OFFICER No dogs are allowed in schoolyards or on school property when school is in session or being used for school activities, whether at large or under restraint, seeing-eye dogs, so-called excepted.
2217.1 Notwithstanding the provisions of Section 2213., dogs under the control and restraint of any police or law enforcement officer or school authorities may be allowed on school property for official purposes such as, but not limited to, bomb or drug searches, lectures, animal studies, etc.
2218. All complaints made under the provisions of this Section shall be made to the Dog Officer. Complaints may be made orally, provided, however, that such complaint is within forty-eight hours, reduced to writing and shall be signed by the complainant showing his address and telephone number, if any.
2219. RIGHT OF ENTRY In the discharge of the duties imposed by the By-Laws, the Dog Officer or any Police Officer of this Town shall have the authority at all reasonable times to enter upon any premises, but such authority should not include the right to enter any residence on such premises, to examine a dog or other animal which is allegedly in violation of a provision of these By-Laws. Such Officer shall have the further authority to take possession of any such dog or other animal and remove it from such premises. 2219.1 Dogs on Beach and Recreation Areas: No dogs shall be allowed on Beach and Recreation Areas, owned or under the control of the Town of Westport or any Boards or Commissions thereof, during the six months of May through October inclusive, whether at large or under restraint. Seeing-Eye dogs and dogs owned or under the control of the Police or any Law Enforcement Officer shall be excepted from these provisions.
2220. ABANDONMENT OF DOGS OR OTHER ANIMALS It shall be unlawful to abandon dogs or other animals within the Town limits.
2221. It shall be unlawful to allow or permit any dog to trespass on private or public property so as to damage or destroy any property or thing of value and the same is hereby declared to be a nuisance and any such dog may be impounded by any police officer. Whenever it shall be affirmed in writing by three or more persons residing in or regularly employed in the neighborhood that any dog is a habitual nuisance by reason of trespassing, howling, barking or other noise, or damage to property, being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, any police officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such nuisance must be abated.
2222. PENALTY Except as otherwise provided herein, any person convicted of violating any provision of these By-Laws may be punished by the payment of a fine of fifty ($50.00) dollars to be recovered for the use of the Town and if such violation be continued, each day's violation may constitute a separate offense. The provisions and procedures in Mass. General Laws Chapter 140, Section 173A shall be followed and apply to violation of these By-Laws.
Important Informaton for Dog Owners