[HISTORY: Adopted by the City Council of the City of Northampton as Ch. 5 of the 1977 Code. Amendments noted where applicable.]

GENERAL REFERENCES
General penalty —  See Ch. 1, § 1-17.
Enforcement —  See Ch. 40.
Fees —  See Ch. 174.
Horse-drawn carriages for hire —  See Ch. 316, Art. III.

ARTICLE I General Animal Regulations

§ 128-1. Wild animals.

A.	No person shall lead or drive or otherwise cause to travel, pass or be conveyed, any dangerous wild animal upon or along any highway, street, court, alley, park, or other public way or ground within the City limits, unless the same is properly secured in some covered vehicle or cage, and is in charge of a person competent to control said wild animal in case of accident.
B.	Any such animal found upon any way or ground designated in the preceding subsection and not confined as therein described shall be immediately seized by any Constable or police officer of the City having knowledge thereof, and if necessary, may be killed by such officer.

§ 128-2. Keeping fowl, swine, or goats.

No person shall keep any live fowl, swine or goats, except in accordance with the rules and regulations of the Board of Health.

§ 128-3. Maintenance of premises where animals kept.

No person shall keep or allow to be kept in any building, or on any premises of which he may be the owner or occupant, any cow, horse or any other animal unless such premises or building is kept clean and wholesome, and in accordance with such rules as may be prescribed by the Board of Health.

§ 128-4. Animals at large or grazing on streets prohibited.

No person shall permit any horse, cow, swine, goat or other grazing animal to go at large, or to graze, or to remain standing without being securely tied, on any street.

§ 128-5. Tying animals to trees, shrubs, fences or other fixtures prohibited. [Amended 8-17-2000 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]

No person shall tie a horse, dog or any other animal to any streetlight, utility pole, post, sign, parking meter, tree, vine or shrub, fence or any other fixture on or adjacent to any public sidewalk, public way, public park or other public place, when tying said animal poses a public safety or public health problem, or endangers the welfare of the animal. The penalty for violation of this section shall be as provided in Chapter 40, Enforcement, for each offense.

§ 128-6. Care and control of domesticated animals. [Added 8-17-2000]

A.	Every owner/keeper of a domesticated animal shall provide his or her animal with sufficient potable water and wholesome food, proper shelter and protection from the weather, including extremes of heat and cold, veterinary care sufficient to prevent suffering and the spread of disease and shall provide humane care and treatment for the animal.
B.	No owner or keeper shall abandon any animal. For the purpose of this section, "abandonment" shall be defined as the willful desertion of an animal or the failure to claim an impounded animal.
C.	The penalties for violation of this section shall be as set forth in Chapter 40, Enforcement. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 128-7. Confinement of female dogs in estrus. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). [Added 8-17-2000]

A.	Every female dog in estrus (heat) shall be confined in a building or secured enclosure in such a manner that the female dog cannot come into accidental contact with any other dog. The penalty for the violation of this section shall be as set forth in Chapter 40, Enforcement, for each offense.
B.	The owner of any male dog, who trespasses onto the property where a female dog in estrus is properly confined, shall be subject to a fine as set forth in Chapter 40, Enforcement, for each offense in addition to the leash law violation fine. Editor's Note: See § 128-9 of this chapter.

ARTICLE II Dogs and Cats

§ 128-8. Annual licensing; late charge. [Amended 12-21-1989; 8-17-2000; 6-19-2003]

A.	The owner or keeper of any dog six months old or older owned or kept within the City shall, within 30 days of residence, cause such dog to be licensed and to wear a valid license tag and a valid rabies tag affixed to a collar or harness in accordance with the laws of the commonwealth. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.	No license shall be issued to a person who has not attained the age of 18 years.
C.	Fees. (1) The fee for licensing of said dog shall be as set forth in Chapter 174, Fees, for the following: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). (a) Neutered male dogs and spayed female dogs; documentation from a veterinarian of the neutering or spaying must be provided at the time of licensing. (b) Unneutered male dogs and unspayed female dogs. (c) Duplicate (replacement) tags. (d) Transfer licenses (from other Massachusetts city or town). (2) However, no fee shall be charged for licensing of certain specially trained dogs as set forth in MGL c. 140, § 139.
D.	Beginning May 1 and on first of each succeeding month, weekends and holidays excluded, the owner or keeper of any dog six months old or older owned or kept within the City, who has not obtained the required license shall be assessed an administrative late charge by the City Clerk as set forth in Chapter 174, Fees, for each and every month that the dog remains unlicensed. All such fees must be paid before a license can be issued for any subsequent year. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 128-9. Running at large; restraint of dogs. [Amended 8-17-2000]

A.	No person owning or keeping a dog within the City shall allow such dog to roam at large upon the land of another, except if it is on the premises of another person with his or her permission, nor shall they allow such dog to roam at large on any portion of a public highway or any public property, nor shall an owner or keeper restrain a dog on his/her own property so as to permit said dog to extend onto public or private property or to create a danger to the public safety.
B.	The owner or keeper of a dog in the City which is not on the premises of the owner/keeper or upon the premises of another with the permission of said person shall restrain said dog with a chain or leash of sufficient material and strength as necessary to restrain the dog and shall be held by a person capable of controlling the movements of the dog. The chain or leash shall be of a length which prohibits the dog from being a nuisance to persons nearby or causing damage to public or personal property.
C.	No owner/keeper of a dog shall allow it on public school property during school hours without the permission of the school principal, unless it is in a vehicle and kept in such a way as to prevent contact with passersby.
D.	The owner or keeper of a dog may use such dog for sporting purposes during the hunting seasons provided for by the fish and game laws of the commonwealth.
E.	This section shall in no way limit or preclude the use of certain specially trained dogs as set forth in MGL c. 140, § 139.

§ 128-10. Redemption of impounded dogs. [Amended 6-18-1987; 8-17-2000; 6-19-2003]

A.	Any person wishing to retrieve a dog confined under a warrant issued pursuant to § 128-9 shall provide upon request: (1) Positive identification, such as a driver's license or equivalent identification. (2) Proof of ownership of said animal.
B.	Such person wishing to retrieve a dog shall first pay to the City the fees for the following as set forth in Chapter 174, Fees: Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). (1) Pickup fee. (2) Administrative fee. (3) Identification fee, which shall be assessed for any dog impounded that does not have affixed to its collar or harness a current city/town dog license tag and valid rabies tag. (4) Care and keeping.
C.	All payments shall be made to the City Clerk or the Animal Control Officer who shall issue a receipt. All such payments collected by the Animal Control Officer shall be turned over to the City Clerk.

§ 128-12. Permitting dogs to cross certain property prohibited in May through August. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Whoever having charge or custody of a dog willfully suffers or permits it to enter or remain or pass over any orchard, garden, mowing land or other improved or enclosed land of another during the months of May, June, July or August, after being forbidden so to do in writing or by notice posted thereon by the owner or occupant thereof, or by an authorized agent of such owner or occupant, shall be punished by a fine as provided in Chapter 40, Enforcement.

§ 128-13. Responsibility for and removal of canine waste. [Added 10-2-1980]

A.	It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.
B.	No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
C.	For the purposes of this regulation, the means of removal shall be any tool, implement, container or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces, specifically reserved for the disposal of canine feces, or as otherwise designated by the Northampton Board of Health.
D.	Any person found in violation of this section by an Animal Control Officer or a Police Officer shall cause a complaint to issue in the court of jurisdiction. The penalty for violation of this section shall be as set forth in Chapter 40, Enforcement, for each offense. [Amended 8-17-2000 Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). ]
E.	This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this section.

§ 128-14. Requirement for rabies vaccination of dogs and cats. [Added 6-18-1992; amended 6-19-2003]

A.	Whoever in the City of Northampton is the owner or keeper of a dog or cat 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's directions, and shall cause such dog or cat to be revaccinated at intervals recommended by the manufacturer. Unvaccinated dogs and cats acquired or moved into the City from outside the commonwealth shall be vaccinated within 90 days after the acquisition or arrival into the commonwealth or upon reaching the age of six months, whichever last occurs.
B.	The rabies vaccination tag, issued by the vaccinating veterinarian, 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, that the owner of a cat may choose not to affix a tag to his cat, but shall have the tag available for inspection by authorized persons. In the event that a tag is lost, the owner or keeper shall obtain a replacement tag from the vaccinating veterinarian.
C.	Failure to immunize a dog or cat and/or maintain records of the same shall be subject to a fine as set forth in Chapter 40, Enforcement. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).