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Outdated animal ordinance rewritten for modern application

Date: 9/27/2013

By Carley Dangona

carley@thereminder.com

WEST SPRINGFIELD – After nearly 30 years, an updated animal control ordinance is drafted and ready for consideration by the Town Council.

The proposed ordinance is scheduled for a discussion and vote at the next council meeting on Oct. 7. The council’s Ordinance & Policy sub-committee has reviewed the document and added some changes. The public hearing was continued in the spring to the October date due to the budget approval process.

“What worked in the early 1980s doesn’t work now,” Town Clerk Otto Frizzell said. “Every piece of this ordinance has been considered by multiple people. My understanding is that an ordinance is the local equivalent to a law. The process should be taken slow and shouldn’t be rushed. There’s been at least five versions of this proposal and that’s a good thing.”

He added that the ordinance would provide Animal Control Officer Hannah Chapman with guidelines to assist with her duties. Frizzell called the subcommittee changes “minor” and “valid” based upon feedback from residents.

“I think the ordinance is good as a whole and great for the town,” Frizzell said.

According to Frizzell, once the ordinance is passed, the Hearing Authority can be established and two regulation sections regarding the dangerous dog hearings and cats will be further defined to best meet the needs of the town.

The ordinance states, “The Hearing Authority shall be comprised of the Town Clerk, the Health Director and a designee from the Police Department chosen by the Police Chief. The Hearing Authority shall create additional procedures for the management of outdoor cat populations and the determination of dangerous or potentially dangerous dogs and cats with approval from the Town Council in accordance with Massachusetts General Law Chapter 140, Section 173.”

The ordinance defines a dangerous dog as, “a dog that either: Without justification, attacks a person or domestic animal causing physical injury or death. Behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to one or more persons, domestic or owned animals.” The definition is not based upon breed of dog nor does it consider growling or barking as dangerous intent.

If passed, the ordinance would limit the number of animals a home can have.

“No person shall keep more than six companion animals over the age of six months, provided that there be no more than three dogs over the age of six months at any residence without complying with the requirements of the West Springfield Zoning Ordinance, and obtaining a kennel license as defined herein,” it states.

Another requirement of the ordinance regards accidental maiming. In the event that a driver hits and injures or kills a dog or cat, he or she must notify the owner, Police Department or Animal Control Officer. Failure to do so would be subject to a fine.

The ordinance is available in the Town Council office, 26 Central St. and online at www.west-springfield.ma.us/Public_Documents/WSpringfieldMA_Clerk/downloads/Proposed%20ACOrd.pdf.