3-4 Animals at-large

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE I. IN GENERAL
Sec. 3-4. Animals at-large.

Sec. 3-4. Animals at-large.

(a) No person shall allow any domestic fowl, swine, goat, sheep, ox, cow, horse, or other grazing animal, owned by him or her or in his or her charge or control, to go at-large or to graze in or upon any of the streets, parks, commons, public grounds or lands of the city.

(b) No person shall allow any dog owned by him or her, or in his or her charge or control, to swim in a pond in any of the parks or public grounds of the city, or to trample upon or injure any flower bed, flower, shrub or other property of the city, in any of such parks or public grounds.

(c) No sheep, swine or meat cattle shall be driven in or over any street or bridge in droves of more than 25 animals each, or at less intervals than 30 minutes between any two droves, or except in charge of at least two competent persons.

(Code 1963, § 12-21)

State law references: Authority to prohibit grazing in streets, M.G.L.A. c. 85, § 10; strays generally, M.G.L.A. c. 134.

3-31 Complaints about dogs

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-31. Complaints about dogs.

If any person shall make a complaint in writing to the chief of police or officer designated by him or her, that any dog owned or harbored within the city is a nuisance by reason of vicious disposition, excessive barking or other disturbance, the chief or police or officer designated by him or her shall investigate such complaint, which may include an examination on oath of the complainant, and may order such dog to be restrained or muzzled. Official complaint forms shall be furnished said complainant by the chief of police.

(Code 1963, § 13-1; Ord. No. 1994-14, 6-23-94)

3-32 Restraint or muzzling of dogs

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-32. Restraint or muzzling of dogs.

The chief of police or officer designated by him or her may restrain or order to be restrained or muzzled any dog for any of the following:

(1) Being found at-large or unmuzzled, as the case may be, while an order of the chief of police or officer designated by him or her for the restraint or muzzling of such dog is in effect;

(2) Being found in a school, schoolyard, church, the grounds of a church, or public recreational area;

(3) Having bitten or otherwise injured any person

(4) Having killed, maimed, or otherwise caused damage to any other domesticated animal

(5) Having caused damage to real or personal property owned by an individual other than the person owning or harboring said dog;

(6) Chasing any vehicle upon any public way or on any way to which the public has a right of access.

(Code 1963, § 13-2; Ord. No. 1994-14 6-23-94)

3-33 Disturbance of the peace by dogs

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-33. Disturbance of the peace by dogs.

No person shall own or harbor within the city any dog which, by barking, biting, howling, or harassing any person, or in any other manner, disturbs the quiet of any person.

(Code 1963, § 13-3; Ord. No. 1994-14 6-23-94)

State law references: Barking dogs, M.G.L.A. c. 140, § 157.

3-34 Dogs at-large

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Amendment of Dec. 31, 2005. (Supplement No. 6)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

It shall be unlawful for the owner or custodian of any dog to permit any such animal to run loose or be at-large within the corporate limits of the city. All dogs found any place other than on the premises of the owner or custodian, or any specifically posted off-leash area which is designated as an off-leash recreational area, dog park or dog run, and in accordance with posted rules therein, shall be deemed to be running loose or to be at-large within the meaning of this section, except such dogs that maybe under control by means of a chain or leash, not longer than six feet or those that may be in any vehicle or boat, while so therein, which shall be deemed to be under personal control of owner or custodian thereof.

(Code 1963, § 13-4; Ord. No. 1994-14, 6-23-94; Ord. No. 2005-08, 6-9-2005)

3-35 Capture and confinement of dogs

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-35. Capture and confinement of dogs.

(a) Any dog found to be at-large in violation of section 3-34 shall be caught and confined by the dog officer who shall notify forthwith the licensed owner of such dog that unless within ten days, the owner or other person having interest therein shall claim possession and pay all charges for confinement and care, the animal will be destroyed or sold to any person offering to pay the charges.

(b) In the event that the dog is neither claimed nor sold within the time provided, the dog may be destroyed or sold to any person upon the payment of all charges of impounding and confinement. In no case shall a dog be sold or delivered to any person or organization intending to use said dog for vivisection purposes.

(c) Return of the dog to the licensed owner or custodian shall be dependent on the following:

(1) Admission of ownership or custody;

(2) Assumption of responsibility;

(3) Payment of all charges for confinement and care.

(Code 1963, § 13-5; Ord. No. 1994-14, 6-23-94)

3-36 Charges for confinement of dogs

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-36. Charges for confinement of dogs.

A dog officer having custody of a dog confined under section 3-35 shall be allowed the sum of $15.00 per day for each day of confinement for the care of such dog, payable as provided in section 3-35.

(Code 1963, § 13-6; Ord. No. 1994-14, 6-23-94)

3-37 Confinement of dogs during oestrus cycle

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-37. Confinement of dogs during oestrus cycle.

If the dog officer determines that a dog in her oestrus cycle, even when confined to the property of the owner or keeper, is attracting other dogs to the area, which condition causes disturbances on, or damage to neighboring property or public areas, he or she may impound the dog for the duration of the oestrus cycle, releasing it thereafter to the owner or keeper, upon payment of pound fees, or the dog officer may require the owner or keeper, to place and keep such dog, while in such cycle, in a kennel or to remove it from the area, so that the nuisance is abated.

(Code 1963, § 13-7; Ord. No. 1994-14, 6-23-94)

3-38 Fines and penalties

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 3 ANIMALS*
ARTICLE II. DOGS*

Sec. 3-38. Fines and penalties.

(a) Any person who shall neglect or refuse to comply with an order issued under section 3-31 or 3-32, or who shall be in violation of section 3-33 shall be liable to a penalty in accordance with the provisions of section 1-11. Each day of violation shall constitute a separate offense.

(b) Any person who shall be in violation of section 3-34 shall be subject to a fine in accordance with the provisions of section 1-11.

(c) Any person who does not properly curb his or her dog shall be subject to a fine of $25.00.

(d) Any person who shall be in violation of section 3-37 shall be liable to a penalty in accordance with the provisions of section 1-11.

(e) Any person found in violation of any part of this chapter, or ordered to restrain or dispose of his/her dog under Section 157 of Chapter 140 of the General Laws of Massachusetts, by the animal control officer, the chief of police or a court, shall have his/her permit or license to own, keep, harbor, or have custody of animals revoked and no new permit or license shall be issued.

(Code 1963, § 13-8; Ord. No. 1994-14, 6-23-94; Ord. No. 1997-4, 5-8-97; Ord. No. 2005-11, §§ 1, 2, 7-14-2005)

12-51 Dogs in parks and playgrounds

CODE OF ORDINANCES City of SOMERVILLE, MASSACHUSETTS Codified through Ord. No. 2002-17, adopted Dec. 17, 2002. (Supplement No. 2)
Chapter 12 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
ARTICLE II. PARKS, PLAYGROUNDS AND SCHOOL GROUNDS*

Sec. 12-51. Dogs in parks and playgrounds.

(a) When the commissioner of public works, in his or her discretion, shall determine that any park, playground, schoolyard, or other public area in the control of the city is inappropriate for the allowance of entry by dogs, due to usage by small children, or landscaping considerations, or any other reason sufficient to him or her, he or she shall cause such place to be posted with appropriate and sufficient signs reading, "No Dogs Allowed." No person shall permit, suffer or allow any dog owned by him or her, or in his or her custody or control, whether restrained or unrestrained, to enter upon any park, playground, schoolyard, or other public area in the control of the city so posted as aforesaid.

(b) For purposes of sections 3-35 and 3-36, any violation of this section shall be treated by the dog officer as a violation of section 3-34.

(c) The commissioner of public works may, in his or her discretion, designate specific off-leash areas for use by dogs to run loose, and shall promulgate regulations for the use thereof. Such areas shall be properly enclosed to such specifications as the commissioner may determine. Such designated off-leash recreational areas, dog parks or dog runs shall be utilized exclusively for the use of dogs off leash. No dog under any order of restraint or muzzling in accordance with section 3-32, and no dog identified in accordance with section 3-33, shall be permitted to utilize such designated off-leash area. The commissioner shall make and post these regulations at every entry to such designated off-leash areas. The commissioner may, at his or her discretion, make additional rules and regulations, which shall be posted in a like manner. Any designation of off-leash areas, or any rules and regulations enacted by the commissioner hereunder shall become effective within 45 days of the meeting of their submission to the board of aldermen, unless the board of aldermen orders otherwise.

(Ord. No. 1975-12, §§ 1, 2, 2-26-76; Ord. No. 2005-12, 7-14-2005)