[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-11-1997 STM, Art. 16]
[Current statutes in effect: MGL c. 140, § 147A.
Historical Notes:
Article 16 of the 2-11-1997 Special Town Meeting accepted
the provisions of MGL c. 140, § 147A, thereby empowering
the Town to enact bylaws and ordinances relative to the regulation
of dogs.]
[Adopted as Ch. XIV of the Town Bylaws]
No person keeping, owning or having possession, charge, custody
or control of any dog shall cause, permit, suffer or allow the dog
to stray, run, be or go, in any manner at large, in or upon any public
street, way, sidewalk, school yard or grounds, park or private property
of others without the express consent of the owner of such private
property, except such dog that may be under control by means of a
chain or leash, not longer than six feet in length.
[Amended 4-9-2002 STM, Art. 3]
Any dog found to be at large in violation of this bylaw shall
be caught and confined by the Dog Officer, who shall notify forthwith
the licensed owner or keeper of said dog. The owner or keeper of said
dog shall have the period of time as provided for under MGL c. 140.
§ 147A, to reclaim said dog from the Dog Officer. Return
of the dog to the licensed owner or keeper shall be dependent on admission
of ownership or the keeping of the dog, the assumption of responsibility
thereof, and the payment of any fee or charges due for such confinement
as provided by this bylaw.
The owner or keeper of any dog so confined by the Dog Officer,
under the provisions of this bylaw, shall be responsible for a fee
of $10 per day for each day of confinement, for the costs of such
care and maintenance of such dog.
[Amended 4-9-2002 STM, Art. 3]
Any dog under confinement of the Dog Officer that shall not have been claimed by the owner or keeper at the end of the confinement period set forth in § 207-2 shall be transferred or sold to the care and control of the Massachusetts Society for the Prevention of Cruelty to Animals or some other similar organization or person offering to pay all charges for confinement. In no case shall a dog be sold or delivered or given to any person or organization intending to use said dog for vivisection purposes.
[Amended 2-11-1997 STM, Art. 15]
A.
Whoever is the owner or keeper of a dog or cat in the commonwealth
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 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. It shall be the duty of each veterinarian, at the time
of vaccinating any dog or cat, to complete a certificate of rabies
vaccination which shall include, but not be limited to the following
information: the owner's name and address, a description of the animal,
including breed, sex, age, name and distinctive markings; the date
of vaccination; the rabies vaccination tag number; the type of rabies
vaccine used; the route of vaccination; the expiration date of the
vaccine; and the vaccine lot number.
B.
The veterinarian shall issue a tag with each certificate of vaccination.
The tag 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, 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 of the animal shall, upon presentation of the original vaccination
certificate, be issued a new tag.
C.
In order for a dog or cat to be accepted at an animal hospital, veterinarian's
office or boarding facility, an owner or keeper of such animal shall
show proof of current vaccination against rabies; provided, however,
that if a dog or cat has not been so vaccinated or such owner or keeper
fails to show such proof the animal shall be vaccinated against rabies
prior to being discharged if the animal's medical condition permits.
D.
The provisions of this section shall not apply to dogs or cats housed
in a research institution.
E.
Noncriminal disposition. Noncriminal enforcement as described above may also be enforced, by the Health Agent, Dog Officer (animal control), or any police officer of the Town of Hopedale by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, and the Town's Noncriminal Disposition Bylaw (Chapter 1, General Provisions, Article II, Penalties; Noncriminal Disposition). Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of this bylaw shall be:
No person or organization shall own or keep in this Town any dog that bites, or by barking, howling, or in any other manner disturbs the peace or quiet of any neighborhood or endangers the safety of any person. No person or organization shall own or keep any unspayed female dog in season when not confined in an adequate enclosure on the property or housed in a veterinarian hospital or registered kennel. It shall be the duty of the Dog Officer to apprehend any such dog and to impound such dog in a suitable place, or to order the owner thereof to restrain such dog. Any dog so impounded may be reclaimed or disposed of as provided in § 207-3 or 207-4.
[Amended 12-5-1989 STM, Art. 2; 6-15-1992 STM, Art. 16; 4-9-2002; 5-22-2021 ATM by Art. 20]
A.
The annual fee for every dog license shall be $25 for a male dog
and $25 for a female dog unless a certificate of a registered veterinarian
who performed the operation certified that such female dog has been
spayed, or male dog has been neutered, in which case the fee shall
be $20. A certified copy of such certificate on file in the office
of any Town Clerk within the commonwealth may be accepted as evidence
that such operation has been performed. If the Town Clerk is satisfied
that a certificate of the veterinarian who spayed or neutered the
dog cannot be obtained, he may accept in lieu thereof a statement
signed under the penalties of perjury by a registered veterinarian
doing business in this commonwealth stating that he has examined said
dog and that it appears in his opinion to have been spayed or neutered.
No fee shall be charged for a license for a dog specially trained
to lead or serve blind persons, provided a certificate attesting to
same is provided by the Division of the Blind. March 31 is established
as the deadline date for procurement of a dog license. After that
date, a penalty charge of $20 will be added to the license fee. The
Town Clerk is allowed to retain $1 per license for his/her service
in processing said license.
B.
No person or household shall keep more than three dogs over the age
of three months. This provision shall not apply to the Animal Control
Officer, who may keep dogs in accordance with his duties.
The provisions of this bylaw shall not apply to any person or
organization who owns, keeps or maintains any dog as a part of a canine
corps for the commonwealth or any of its political subdivisions while
actually engaged in the performance of official duties.
The Dog Officer, and/or the Police Department, of the Town shall
prosecute any violations of this bylaw.
[Amended 4-11-1995 ATM, Art. 26]
A violation of this bylaw shall be punished by a fine of $20 for the first offense, $40 for the second offense and $50 for the third or subsequent offense during any one calendar year. Whoever violates any provision of this bylaw may, in the discretion of the enforcing officer, specifically including the Dog Officer, be penalized by a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, and the Town's Noncriminal Disposition Bylaw (Chapter 1, General Provisions, Article II, Penalties; Noncriminal Disposition). For the purpose of this provision, the penalty to apply in the event of a violation shall be $20 for the first offense, $40 for the second offense and $50 for the third or subsequent offense.
