Town of Southborough, MA Chapter 81 Dogs and Other Animals

[HISTORY: Adopted by the Town Meeting of the Town of Southborough as indicated in article histories. Amendments noted where applicable.]

Article I Animals

[Adopted as Art. X, Sec. 2, of the 1983 Code]

§ 81-1 Pasturing in streets or ways prohibited.

No owner or person having charge of any horse, cow, swine, sheep, goat or other grazing animal shall permit the same to pasture in any street or way within the Town.

Article II Dogs

[Adopted as Art. XA of the 1983 Code]

§ 81-2 Definitions.

As used in this article, unless the context otherwise indicates, the following terms shall have the meanings indicated:

DOG

All animals of the canine species, both male and female.

KENNEL

One pack or a collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over, owned or kept by a person on a single premises, irrespective of the purpose for which they are maintained.

[Added 9-29-2009 STM by Art. 8]

OWNER

Any person or persons, firm, association or corporation owning, keeping or harboring a dog, as herein defined.

PUBLIC NUISANCE

Any dog shall be deemed a "public nuisance" if such dog is found to be not on the premises of the owner of such dog, if such dog attacks persons or domestic animals; or if such dog is found to be on a public school ground when not under restraint, if such dog chases moving vehicles or if such dog persistently and prolongedly barks and/or howls. Exceptions to this are as follows:

A. If such dog is attached to a restraining device or under the care and control of a person competent to restrain such dog so that it will not be a threat to public safety. The mere muzzling of such a dog shall not satisfy the requirements of this article.

B. If such dog is to be used as a so-called "hunting dog" and is being supervised as such by a person competent to restrain such dog so that it shall not be a threat to public safety.

§ 81-3 Dogs as public nuisances prohibited.

No owner or keeper of any dog shall permit such dog, whether licensed or unlicensed, to become a public nuisance within the Town of Southborough at any time.

§ 81-4 Impoundment.

[Amended 4-8-1985 ATM by Art. 11]

It shall be the duty of the Animal Control Officer to investigate complaints concerning any dogs which are alleged to be in violation of this article and to apprehend any dog found by him to be in violation of one or more of the provisions of this article regarding public nuisances. It shall further be the duty of the Animal Control Officer to apprehend any dog found by him to be in violation of the definition of "public nuisance" in § 81-2, even though no official complaint has been made by a citizen. All such dogs apprehended by the Animal Control Officer or by the Police Department shall be impounded in a suitable place.

§ 81-5 Disposition of dogs; storage fees.

[Amended 4-8-1985 ATM by Art. 11; 4-13-1987 ATM by Art. 46; 9-29-2009 STM by Art. 8]

A. If such dog so impounded has upon it the name or address of the owner thereof, or if the name of said owner is otherwise known, then the Animal Control Officer shall immediately notify the owner, and if the owner is not known, then no notice shall be necessary.

B. Any dog confined by the Animal Control Officer, unless picked up by the owners, shall be kept for at least 10 days.

C. A storage kennel fee for the boarding of impounded dogs shall be charged at a rate based on contractual agreements between the Select Board and the contractor/kennel. Such charges will be made public at least 14 days before being effective, and a copy of such charges then in effect will be maintained by the Town Clerk for public inspection.

[Amended 11-1-2021 STM by Art. 2]

D. Any dog confined by the Animal Control Office shall not be released to the owner until the owner produces evidence of a current dog license and pays all fines and storage fees.

§ 81-6 Disposition of unclaimed dogs.

Any dog which has been impounded and has not been redeemed by the owner within five days shall be disposed of as provided by MGL c. 140, § 151, and any amendment thereto.

§ 81-7 Violations and penalties.

[Amended 4-13-1987 ATM by Art. 47; 4-12-2016 ATM by Art. 34]

Any owner or keeper of a dog in the Town that is found to be in violation of the provisions of Chapter 81 of the Code of the Town of Southborough shall be liable to a penalty according to the following schedule:

A. First violation (up to 30 days past deadline): $25.

B. Second violation (30 days or more past deadline): $50.

C. (Reserved)

D. Failure to comply with the Select Board's hearing order under MGL c. 140: $100.

[Amended 11-1-2021 STM by Art. 2]

E. Trash day nuisance: $15.

§ 81-8 Dog licensing fees.

[Added 4-12-2016 ATM by Art. 34[1]]

A. The fee for every dog license issued in the Town shall be posted in the Schedule of Fees in the office of the Town Clerk.

B. The deadline to renew a license shall be 30 days following the expiration of the prior license. After that date, a penalty will be added to the license fee, as posted in the Schedule of Fees in the office of the Town Clerk.

(1) Any dog acquired or moved into the Town shall be required to obtain a license within 30 days, or upon reaching the age of six months, whichever occurs last. After 30 days, the owner shall be subject to late fees as posted in the Schedule of Fees in the office of the Town Clerk.

C. If any matter relating to an expired license remains unresolved after 60 days, either the owner or the Town may bring an action in the District Court of Westborough requesting that the matter be adjudicated.

D. Fee exemptions:

(1) No fee shall be charged for any service dog as defined by the Americans with Disabilities Act (ADA), provided that the dog has been trained and is in the actual service of a resident of the Town.

(2) Even if exempt from the licensing fee, all dogs in the Town must obtain a license following normal procedures, or will be subject to the fines and penalties posted in the Schedule of Fees in the office of the Town Clerk.

E. Once a dog license fee has been paid to the Town, no fee or portion thereof shall be refunded.

[1] Editor's Note: This bylaw also repealed former § 81-8, Disposition of funds, as amended; § 81-9, Licensing deadline; penalty, added 4-14-1986 ATM by Art. 32; and § 81-10, Licensing fees, added 9-29-2009 STM by Art. 8.

§ 81-9 Authority to issue fines; disposition of fees.

[Added 4-12-2016 ATM by Art. 34]

A. The Town Clerk, the Animal Control Officer, and the Police Chief shall have authority to issue fines for violations relating to dog licenses.

B. All funds received by the Town Clerk as payment for dog licenses, replacement tags, and related fees and fines shall be paid over to the Town Treasurer.

§ 81-10 (Reserved)

§ 81-11 Removal of dog litter.

[Added 4-12-2016 ATM by Art. 33]

A. It shall be the duty of the owner and each person who possesses or controls a dog to remove and properly dispose of any feces discharged by such dog on any sidewalk, walkway, street, park, public area, any other public property, or any private property in the Town.

B. Any owner or other person who violates the provisions of this section shall be punished by a fine of $25 for each offense.

C. The Animal Control Officer or any duly appointed police officer of the Town shall be authorized to enforce the provisions of this bylaw.