Sec. 14-1. Definitions.
As used in this chapter, the following terms shall mean:
Animal: Any living creature, including domestic or exotic (i.e. dog, cat, horse, cow, sheep, goat, pig, fowl, ferret, iguana, snake, etc.).
Animal control officer/inspector of animals: Any person designated by the board of health who is responsible for enforcing and implementing the Holyoke Code of Ordinances and state and federal law relating to the control, impoundment, and disposition of animals.
Animal exhibition: Any spectacle, display, act or event other than circuses, in which animals are used.
Animal shelter: Any facility operated by a humane society, a county or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or any law of the Commonwealth of Massachusetts.
At large: When an animal strays off the premises of the owner, and is not under the control of the owner or a member of owner's immediate family either by leash, cord, chain or other restraint. Any animal found to be outside of its natural habitat and not under the owner's control shall be deemed to be at large.
Circus: A commercial variety show featuring animal acts for public entertainment.
Commercial animal establishment: Any pet shop, grooming shop, auction, zoological park, circus, performing animal exhibition or kennel.
Dangerous dog or animal: Any dog or animal that:
1. Inflicts bite(s) without causing serious bodily injury on human or
domestic animals without provocation on public or private property;
2. Chases or approaches a person on public or private property without provocation, in a menacing fashion or an apparent attitude of attack;
3. In the opinion of the animal control officer, constitutes a threat to public health or safety; or has exhibited a tendency to do any act which might endanger the safety, health or well-being of any person or animal without sufficient provocation for such act;
4. Possesses a known propensity, tendency or disposition to attack, cause injury, or to otherwise threaten the safety of human beings or other animals without provocation.
Grooming shop: Any commercial establishment where animals are bathed, clipped or otherwise groomed.
Guard dogs: Dogs which meet the provisions of M.G.L.A. c. 129, § 39b.
Humane officer: Any person designated by the Commonwealth of Massachusetts, a county government, a municipal government or a humane society as a law enforcement officer who is qualified to perform such duties under M.G.L.A. c. 147, § 10.
Kennel: Any premises wherein any person, partnership or corporation engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, or engages in training dogs for guard or sentry purposes, or every pack or collection of more than three dogs three months old or over owned or kept on a single premises irrespective of the purpose for which they are maintained.
Licensing authority: The city clerk, as provided by the General Laws of the commonwealth.
Owner: Any person, partnership, or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for 48 hours.
Pet: Any nonfarm animal kept for pleasure.
Physical restraint: Dogs must be on a leash not to exceed six feet and controlled by an adult physically capable of controlling such dog.
Rendering center: A facility that properly disposes of sick, injured or deceased animals in a humane fashion.
Serious bodily injury: Bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or loss or impairment of bodily function.
Veterinary hospital or clinic: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
Vicious dog or animal:
1. Any dog or animal that has inflicted serious bodily injury on or killed a human being without provocation on public or private property.
2. Any dog or animal that has inflicted serious bodily injury on or killed another animal without provocation on public or private property.
3. Any dog or animal harbored on property known for drug trafficking or gang activity or on property where such activity is taking place and used specifically for the protection of illicit, illegal or criminal activities.
4. Any dog or animal trained, owned or harbored primarily or in part for the purpose of fighting other animals.
5. Any dog or animal for which the animal inspector or the director of health has a verified report of having attacked or bitten any person and caused serious bodily injury shall be considered a vicious dog or animal.
6. A dog or animal will not be classified as "vicious" if the threat, injury or damage was sustained by a person who, at the time of attack, was unlawfully on the property with the intent to commit a crime or tort upon the premises occupied by the owner of the dog or animal, was tormenting, abusing, or assaulting the dog or animal or if the dog or animal was defending or protecting its owner from unjustified attack or assault.
Wild animal: Any raccoon, skunk, fox, lynx, and other similar warm-blooded animal and poisonous and non-poisonous reptiles, normally found in the wild.
Zoological park: Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of domesticated or nondomesticated animals, operated by a person, partnership, corporation or government agency.
Sec. 14-17 Nuisances Prohibited
(a) No owner shall knowingly allow a public nuisance to be created on his/her property as the result of any animal(s), domestic or wild.
(b) Animals shall be considered a public nuisance including, but not limited to, the following instances:
(1) Any animal or group of animals that molest or attack passerby, passing vehicles or other animals without provocation.
(2) Any animal or group of animals that trespass repeatedly on school grounds or private property; are repeatedly at large three or more times; or damage private or public property.
(3) Any animal or group of animals which through accumulated waste or other reason cause offensive odors detectable from any right-of-way- or adjoining properties.
(4) Any animal or group of animals which tests positive for a transmittable disease such as feline leukemia or parvo and interact with other animals in such a manner as to increase the likelihood of the spread of the disease.
(5) Any animal or group of animals which bark, whine, howl or makes any noises natural to its species in an excessive, continuous or untimely fashion so as to disturb the peace. Any individual or group who allows a dog to bark so as to disturb the peace shall be subject to the fines set forth in Section 54-15 (bb) of the City of Holyoke Code of Ordinances.
(c) If any of the above circumstances are found upon complaint received by the Animal Control Officer or the Board of Health and confirmed upon inspection, the Animal Control Officer or the Board of Health or its agents may issue a written order to the person or persons having control of the premises to correct the offending conditions.
(d) This section shall be enforced in accordance with Sections 14-6 and 14-7 of the City of Holyoke Code of Ordinances, and the procedures set forth in M.G.L. Ch. 40, § 21D. Unless otherwise provide for herein, any person who fails to comply with a written order or any other provision of this section shall be subject to a fine of $10.00 per day for the first offense, $50.00 for the second offense and $100.00 for the third and each subsequent offense. Each day that the violation continues shall be deemed a separate offense. In addition to any civil or criminal penalties, any license to keep animals may be revoked.
(e) Upon the issuance of a 3rd offense, the animal control officer or board of health and/or their agents shall remove the offending animal that is creating a nuisance as defined by this section.
Section 14-18 Outdoor Feeding and/or Sheltering of Feral or Stray Cats
(a) Outdoor feeding and or sheltering permitted. The outdoor feeding and/or sheltering of feral or stray cats is hereby permitted on any public or private property unless the feeding and/or sheltering shall create a nuisance as defined in Section 14.17.
(b) Definitions. For purposes of this section,
Feeding shall mean the provision of food, water or other substance left outside of any building or structure.
Feral cat shall mean one that exists in an untamed state, or one that has returned to an untamed state and is no longer considered domesticated, or one that was previously residing in a domesticated home and has been abandoned by its prior owner.
Stray cat shall mean one that was previously residing in a domesticated home and has been abandoned by it’s prior owner.
Sheltering shall mean the provision of any type of shelter, whether temporary or permanent that a cat may enter, outside of the primary structure on the property.
(c) Penalties and Enforcement. This section shall be enforced by the Board of Health, the Animal Control Officer and their agents in accordance with Sections 14-6 and 14-7 of the City of Holyoke Code of Ordinances and the procedures set forth in M.G.L. Ch. 40, Sec. 21D.
i. Following an investigation by the Board of Health, Animal Control Officer or their agents, anyone who is found to be feeding and/or sheltering feral or homeless cats in violation of this section shall immediately be issued a cease and desist order.
ii. In the event that a person fails to comply with a cease and desist order, the Board of Health, Animal Control Officer and their agents shall have the right to seize and remove any feral or homeless casts from the property.
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