Mashpee, MA Residents Urge Discriminatory Anti-Pet Law & Pitbull Ban
October 9, 2009 by gsmith
http://legislation.americanrottweilerclub.org/local-ordinances/mashpee-ma/
The Town of Mashpee, MA is urging the City Council adopt an anti-pet law, including a ban on pit bulls. The American Rottweiler Club is adamantly opposed to breed-specific legislation as ineffective and even dangerous in the prevention of dog bites.
The breed-specific anti-pet ordinance was driven by residents upset by the fact that new neighbors who own “pitbulls” moved into the area. The dogs have not bitten anyone, however, neighbors are not happy and petitioned the town to pass a ban. Mashpee residents will vote on the ordinance on October, 19th at a live townhall meeting. A copy of the proposed ordinance is below:
Article 17
Proposed Pit Bull Regulation
Town of Mashpee
Section 1. Purpose
Dogs known as “pit bulls” have generally-exhibited traits such as (i) powerful instincts for
dominance which naturally result in a proclivity for fighting; (ii) a strong prey drive, which
inspires a natural chase instinct that often results in their aggressive pursuit of cats, rabbits, other
dogs, and human children; (iii) a stubbornness that results in sustained, unyielding
aggressiveness once an attack begins; (iv) powerful jaws capable of crushing bones and hanging
on to victims even while the animal withstands infliction of injury or pain; and (v) a combination
of stamina, agility, strength, and “gameness” (the will to successfully complete a task). Judicial
and legislative bodies have reacted by noting that the classification of pit bulls as dangerous
animals has a rational basis in fact and that adopting controlling measures in order to reduce the
likelihood of human injury bears a rational relationship to the governmental objectives of
preserving public health, public safety, and public welfare. The Town of Mashpee believes it is
necessary to regulate, subject to certain exceptions with certain restrictions, pit bulls in order to
fulfill its primary mandate to protect human health, safety, and welfare within the Town.
Section 2. Definitions
PIT BULL – Any dog that is an American Pit Bull Terrie, American Staffordshire Terrie,
Staffordshire Bull Terrier, or any dog of mixed breed displaying the majority of the physical
traits of any one (1) or more of the above breeds, or any dog exhibiting those distinguishing
characteristics which substantially conform to the standards established by the American Kennel
Club or United Kennel Club for any of the above breeds, such characteristics being identifiable
as an element of its breeding by a licensed veterinarian, by the animal control officer, or by any
other qualified person, or any dog registered or licensed as a pit bull. Specifically excepted from
this definition is any dog with proof by American Kennel Club or United Kennel Club papers or
by a written certification or written notice from a veterinarian licensed in the Commonwealth of
Massachusetts that the dog does not contain in its lineage any American Pit Bull terrier,
American Staffordshire Terrier, or Staffordshire Bull Terrier. As per an animal DNA lineage test
TOWN – The Town of Mashpee
OWNER – Any person who owns, possesses, keeps, exercises control over, maintains, harbors,
transports, or sells a pit bull:
KEEPER – Any person who possesses, keeps, exercise control
over, maintains, harbors, transports, or sells a pit bull whether or not that person is an owner;
HOUSEHOLD – All persons residing in one dwelling unit in the Town of Mashpee whether
such persons are related by blood or by marriage or are unrelated.
ANIMAL CONTROL OFFICER – The Animal Control Officer of the Town of Mashpee
MUZZLE – A restraining appliance made of metal, plastic, leather, cloth or a combination of
these materials that, when fitted and fastened over a pit bull’s snout/mouth/head, prevents the pit
bull from biting but allows room for the pit bull to breather/pant;
SECURE TEMPORARY ENCLOSURE – A secure enclosure used for purposes of transporting
a pit bull and which includes a top and bottom permanently attached to the sides except for a
securable door used for the ingress and egress of a pit bull. Such enclosure must be of such
material, and such door closed and secured in such a manner, that the pit bull cannot exit the
enclosure without human assistance.
HEARING OFFICER – The Town of Mashpee Board of Selectmen or the Town board or Town
official designated by the Town Board of Selectmen to conduct hearings required by this by-law.
Section 3. Pit Bulls Prohibited
It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, house,
harbor, transport, or sell within the Town any pit bull, subject only to the exceptions set forth in
sub-paragraphs (b)-(g), below.
The owner or keeper of a pit bull that is registered and licensed with the Town Clerk as of the
date of enactment of this by-law may apply for a pit bull license in accordance with the
requirements of section 4, below, such license to be the subject of annual renewal. Any owner or
keeper who has applied for and received a pit bull license in accordance with this sub-paragraph
and who maintains the pit bull at all times in compliance with the pit bull license requirements of
section 4, below, and all other applicable requirements of this Section…may keep a pit bull
within the Town.
Any person who is not covered by sub-paragraph (b), above, shall be entitled to apply for one
annual pit bull license in accordance with the requirements of section 4, below. Notwithstanding
the foregoing, no household in the Town shall be occupied at any one time by more than one
owner or keeper of a pit bull licensed under this sub-paragraph (c) and in accordance with this
Section
The Town Kennel may temporarily harbor and transport any pit bull for purposes of enforcing
the provisions of this Section
Any humane society operating an animal shelter which is registered and licensed by the Town
may temporarily hold any pit bull that it has received or otherwise recovered, but only for so
long as it takes to contact the Town Kennel and either turn the pit bull over to the Town Kennel
employees or to receive permission to destroy or to have destroyed the pit bull pursuant to the
provisions of sections 5 and 6, below, if applicable.
A person may temporarily transport into and hold in the Town a pit bull for the sole purpose of
showing such pit bull in a place of public exhibition, contest, or show sponsored by a dog club
association or similar organization, provided that the sponsor have received written permission
from the Town’s Board of Selectmen, have obtained all other permits or licenses required by bylaw,
and furnishes protective measures adequate to prevent pit bulls from escaping or injuring
members of the public. The person who transports and holds a pit bull for showing shall at all
times while the pit bull is being transported within the Town keep the pit bull confined in a
secure temporary enclosure.
Failure by the owner to keeper to comply or remain in compliance with all of the terms of an
applicable exception set forth above shall subject the pit bull to immediate impoundment and/or
disposal pursuant to section 5 and 6, below, and shall operate to prevent the owner or keeper
from asserting such exception as a defense in any proceeding under sections 5, 6 and 7, below.
Section 4. Pit Bull License Requirements
The owner or keeper of any pit bull who is allowed to apply for an annual pit bull license under
section 3(b) or section 3(c) above, shall at the time of application for the annual pit bull license
comply with or otherwise provide sufficient evidence that the owner or keeper is in compliance
with all of the following regulations:
The owner or keeper of the pit bull shall keep current the license for such pit bull through annual
renewal. Such license is not transferable and shall be renewable only by the holder of the
license. A pit bull license tag must be obtained by the owner or keeper at the time of issuance of
the license. Such license tag shall be attached to the pit bull by means of a collar or harness and
shall not be attached to any pit bull other than the pit bull for which the license was issued. If the
pit bull tag is lost or destroyed, a duplicate tag may be issued upon the payment of a twenty
dollar ($20) fee;
(a) The owner or keeper must be at last 21 years of age;
(b) The license application form to be completed by the owner or keeper and presented to the
Town Clerk shall require (i) the complete legal name of the pit bull’s owner and/or
keeper and presentation of a positive form of government-issued picture identification
(no photocopies) for the owner and/or keeper, and the Animal Control Officer shall make
a copy of such identification and attach it to the application; (ii) the complete residential
address of the pit bull’s owner and/or keeper; (iii) the complete address where the pit bull
will be primarily housed/sheltered; (iv) the telephone number of the pit bull’s owner or
keeper; (v) the complete details of the pit bull’s physical identification, including but not
limited to breed, sex, weight, color, markings, and any other distinguishing physical
characteristics, all provided by the owner and/or keeper; (vi) a photograph of the pit bull
that is not more than thirty (30) calendar days old; and (vii) the complete details of the pit
bull’s documented identification, including but not limited to the pit bull’s registration
and/or license number as issued by the Town and true and accurate copies of the pit bull’s
rabies vaccination and a copy of the pit bull’s health record as prepared by a veterinarian
which shall not be dated more than thirty (30) calendar days from the application for
registration of the pit bull under this sub-section;
(c) The owner or keeper shall present to the Town Clerk proof that the owner or keeper has
procured liability insurance in the amount of a 1 million/2 million policy, covering any
damage or injury which may be caused by a pit bull during the twelve-month period
covered by the pit bull license. The policy shall contain a provision requiring the
insurance company to provide written notice to the Town Clerk not less than fifteen (15)
days prior to any termination of the policy and not less than five (5) days subsequent to
cancellation or expiration of the policy;
(d) The owner or keeper, at the owner’s or keeper’s own expense, shall have had the pit bull
spayed or neutered and shall present to the Town Clerk in connection with the license
application documentary proof from a licensed veterinarian that this sterilization has been
performed. This requirement shall be waived upon a written statement from a licensed
veterinarian that the procedure should not or cannot be performed for reasons of the
health or age of the animal.
(e) Upon the owner’s or keeper’s successful application, the Animal Control Officer shall
provide to the successful owner or keeper registering a pit bull (i) a pit bull license tag;
(ii) a complete copy of the application for registration and license as submitted by the
owner or keeper; (iii) a written summary of all methods for contacting the Animal
Control Officer, including but not limited to the Animal Control Officer’s telephone
number during business hours, the Animal Control Officer’s telephone number during
non-business hours, the telephone number of the Town Police Department, and the 24-
hour helpline or hotline for the Town; and (iv) a legible copy of this Section
(f) The license tag issued by the Animal Control Officer pursuant to this section shall be
attached to the pit bull by means of a collar or harness and shall not be attached to any pit
bull other than the pit bull for which the license tag was issued. If the pit bull license tag
is lost or destroyed, a duplicate may be issued by the Animal Control Officer upon the
owner or keeper’s application and payment of a fee in the amount of twenty-five dollars
($25.00);
(g) The Animal Control Officer and the Town Clerk shall each maintain a file containing the
license numbers, pit bull tag numbers, and the names and addresses of the owner or
keepers. The owner or keeper shall notify the Animal Control Officer and the Town
Clerk in writing of any change of address;
(h) At all times when a pit bull is at the property of the owner or keeper, the owner or keeper
shall keep the pit bull confined, either in a secure temporary enclosure or within the
premises of the owner or keeper or within a fenced enclosure from which the dog cannot
escape. At all times when a pit bull is away from the property of the owner or keeper, the
owner or keeper shall keep the pit bull either securely leashed and muzzled or in a secure
temporary enclosure;
(k) The owner or keeper shall not sell or otherwise transfer the pit bull to any person resident
in the Town except a member of the owner’s or keeper’s immediate family who will then
become the owner or keeper and will be subject to all of the provisions of this section
The owner or keeper shall notify the Town Clerk within five days in the event that the pit
bull is lost, stolen, dies, or has a litter. In the event of a litter, the owner or keeper (i)
must deliver the puppies to the Town Kennel for destruction or (ii) shall permanently
remove the puppies from the Town and provide sufficient evidence of such removal by
the time the puppies are weaned. In no event shall the owner or keeper be allowed to
keep in the Town a pit bull puppy born after the date of enactment of this Section that is
more than eight weeks old. Any pit bull puppies kept contrary to the provisions of this
subsection are subject to immediate impoundment and disposal pursuant to this Section
(l) The owner or keeper shall have posted at each possible entrance to the owner’s or
keeper’s property where the pit bull is kept a conspicuous and clearly legible sign. Such
sign must be at least eight and one-half (8 ½) inches by eleven (11) inches in rectangular
dimensions and shall contain only the words “WARNING – PIT BULL DOG” in
lettering which is not less than two inches in height and which is in sharp contract with
the background of the sign.
Section 5. Impoundment
(a) Any pit bull found by the Animal Control Officer or any member of the Town Police
Department to be on the loose, at-large, or unconfined, or which has been observed by the
Animal Control Officer or any member of the Police Department to have mauled, bitten,
attacked, threatened, or in any way menaced another animal or human shall be presumed
to be in violation of this by-law and shall be subject to immediate impoundment;
(b) The Animal Control Officer is authorized to immediately impound any Pit Bull which is
in violation of this by-law and which does not fall within the exceptions listed therein.
The Animal Control Officer is authorized to house and/or dispose of any impounded Pit
Bull at his/her sole professional discretion.
Section 6. Impoundment Procedure and Enforcement
(a) The Animal Control Officer is empowered to make whatever inquiry or investigation is
deemed necessary to ensure compliance with the provisions of this by-law. The Animal
Control Officer is empowered to seize and impound any pit bull found to be in violation
of this by-law or any pit bull for which the owner or keeper has failed to comply with the
provisions of this Section
(b) The Animal Control Officer shall not release a pit bull from impoundment unless the
owner or keeper (i) provides proof of registration and license satisfactory to the Animal
Control Officer, (ii) provides adequate proof that any violations of this by-law have been
corrected in a manner satisfactory to the Animal Control Officer, (iii) remits payment to
the Animal Control Officer of all fines issued pursuant to violations under this by-law;
and (iv) remits payment to the Animal Control Officer for the costs associated with the
impounding of the pit bull and the term of impoundment of the pit bull;
(c) The Animal Control Officer and the Town Police Department shall each have the
authority and shall cooperate with each other to the greatest extent possible to enforce the
provisions of this by-law. The Town Police Department shall notify the Animal Control
Officer of any location or address at which a pit bull is observed;
(d) A pit bull found in violation of this by-law shall be subject to immediate impoundment;
(e) Any violation of this Section shall be subject to a fine of twenty-five dollars ($25.00) for
the first offense, and a fine of one hundred dollars ($100) for each additional offense. In
addition, upon any violation of this Section the owner’s or keeper’s pit bull shall be
subject to impoundment. Each day a violation exists shall be considered a separate and
distinct violation.
Section 7. Appeal Procedure
(a) The owner or keeper of a dog that has been impounded pursuant to this by-law or that has
been the subject of a citation for a violation under this by-law may dispute the
classification of such a dog as a pit bull or whether the provisions of this by-law for
enforcement have been complied with by filing a written petition with the Animal
Control Officer for a hearing concerning such classification no later than seven (7)
calendar days after the date of impoundment or citation. A petition shall include, but not
be limited to, (i) the complete legal name and social security number of the pit bull’s
owner and/or keeper; (ii) the complete residential address of the pit bull’s owner and/or
keeper; (iii) the complete address where the pit bull is primarily housed/sheltered; (iv) the
telephone number of the pit bull’s owner and/or keeper; (v) the complete details of the pit
bull’s documented identification, including but not limited to the pit bull’s registration
and/or license number as issued by the Town; and (vi) a summary of the facts that the
petitioner wishes to introduce for consideration in support of the petitioner’s appeal. The
written petition shall be submitted under oath or affirmation.
(b) The hearing will be held before the hearing officer. Any facts which the petitioner
wishes to be considered shall be submitted under oath or affirmation, either in writing or
orally at the hearing. The hearing officer shall make a final determination of the
petitioner’s appeal. Such final determination shall be considered a final action by a
municipal board. If the dog is found to be a pit bull and the impoundment or the citation
is in compliance with this by-law, the pit bull shall be destroyed unless the owner or
keeper produces evidence deemed sufficient by the hearing officer that the pit bull is to
be removed permanently from the Town and the owner or keeper pays the cost of
impoundment. If the dog is found not to be a pit bull or the impoundment or citation is
determined by the hearing officer not to have complied with this by-law, the dog shall be
released to the owner or keeper with no impoundment fee imposed unless the dog was
impounded as a result of the provisions of Section
Submitted by Petition
The Board of Selectmen does not recommend approval by a vote of 4-0, one absent.
The Finance Committee does not recommend approval by a vote of 5-0, one abstained, one
absent.
