[HISTORY: Adopted by the Town Meeting of the Town of Orange as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 148.
[Adopted 5-5-1986 ATM by Art. 54;
amended in its entirety 5-3-2004 ATM by Art. 26,
approved 5-28-2004 (Bylaw 47)]
These regulations are intended to guide those persons owning or keeping
dogs within the Town of Orange in their role as responsible pet owners. Although
it is hoped these regulations will act as an educational tool, it must also
be understood that enforcement of same is necessary to protect the rights
and safety of the public.
A.
The owner or keeper of a dog, kept within the Town of
Orange, said dog being six months of age or older, shall cause that dog to
be licensed annually. The license year shall be from April 1 to the following
March 31, inclusive.
B.
The Town Clerk shall issue dog licenses and tags. The
Clerk shall record, for each license issued, the name, address and telephone
number of the owner or keeper of each dog so licensed, the tag number issued,
date of last rabies vaccination, breed, age, color, or other description of
the dog. Each tag shall contain the tag number, the name of the Town of Orange
and the year of issue. The owner or keeper shall cause said dog to wear around
its neck or body, a collar or harness to which he/she shall securely attach
the tag issued. In the event that any tag is lost, defaced or destroyed, the
owner or keeper shall obtain substitute tags from the Town Clerk.
C.
The owner or keeper of any dog shall provide proof of
said license upon request of the Dog Officer, police officers or other authorized
officials.
D.
There shall be a fee that is paid by the owner for each
license and tag and any replacement tag issued by the Town Clerk. All fees
under this section shall be determined by the Board of Selectmen, and may
be changed from time to time, as the Selectmen deem appropriate. No license
fee or part thereof shall be refunded because of a subsequent death, loss,
spaying or neutering, or removal from the Town of such dog. Any owner or keeper
of a dog who moves into the Town of Orange, and has a valid dog license for
his/her dog from another city or town in the Commonwealth, may obtain a Town
of Orange transfer license upon presentation of license documentation from
said city or town. A license shall not be issued for any dog unless the owner
or keeper provides the Clerk with a veterinarian's certificate verifying
that the dog is currently vaccinated against rabies, or, indicating that because
of infirmity, other physical condition or regimen of therapy, said vaccination
is deemed inadvisable. The rabies vaccination date shall be recorded on the
license record.
E.
No fee shall be charged for a dog specially trained to
lead or serve a handicapped person, upon presentation of certification of
said training.[1]
[1]
Editor's Note: The former paragraph prescribing penalties for violation
of this section, which immediately followed this subsection, was deleted 5-2-2005
ATM, Art. 11, approved 8-4-2005.
F.
The provisions of this section shall not apply to any
domestic charitable corporation incorporated in the Commonwealth, exclusively
for the purpose of protecting animals from cruelty, neglect or abuse; or stray
dogs housed in a facility operated by or under contract with the Town of Orange
for the purpose of housing stray dogs, or pet shops licensed under MGL c.129,
§ 39A and where otherwise provided by law.
A.
Any owner or keeper of four or more dogs, six months
of age or over, may elect to secure a multidog license in lieu of licensing
such dogs under § 115-2. Such license shall be in lieu of any other
license for any dog while kept at such location during any portion of the
period for which such multidog license is issued. The holder of a multidog
license shall cause each dog kept therein to wear, while it is at large, a
collar or harness of leather or other suitable material, to which shall be
securely attached a tag upon which shall appear the number of such multidog
license, the year of issue, and the inscription ORANGE. Such tags shall be
issued by the Town Clerk.
B.
The fee for multidog licenses shall be determined by
the Board of Selectmen, and may be changed from time to time, as the Selectmen
deem appropriate. Dogs under the age of six months shall not be counted in
the number of dogs kept therein. The Town Clerk shall, upon application, issue
without charge a multidog license to any domestic charitable corporation,
incorporated exclusively for the purpose of protecting animals from cruelty,
neglect or abuse, and for the relief of suffering among animals.
A.
No person owning or keeping a dog in the Town of Orange
shall permit such dog to be kept at large in the Town of Orange. The owner
or keeper of a dog in the Town of Orange shall restrain by a suitable means
such dog.
B.
Any dog found to be at large in violation of this section
may be caught and confined by an officer authorized to do so, or returned
to the owner or keeper of record forthwith. The Dog Officer, or authorized
agent, shall attempt to notify the owner/keeper of record of a confined dog.
The owner/keeper of said dog shall have a period of time, not to exceed 10
days, within which to recover said dog. Return of the dog to the owner/keeper
of record shall be dependent upon admission of ownership or the keeping of
said dog, and assumption of responsibility by the owner or keeper. If said
dog is unlicensed, a current license shall be obtained and all impound fees
paid prior to release of the dog. In addition to fees charged by the kennel
for boarding, medical or other care/costs, the impound fee shall be paid to
the Town of Orange. Impound fees shall be determined by the Board of Selectmen,
and may be changed from time to time, as they deem appropriate.
C.
This section shall not be construed to limit or prohibit
the use of hunting dogs during the hunting season, the conducting of field
trials for hunting dogs or the training or use of Police K-9 units.[1]
[1]
Editor's Note: The former paragraph prescribing penalties for violation
of this section, which immediately followed this subsection, was deleted 5-2-2005
ATM, Art. 11, approved 8-4-2005.
[Amended 5-2-2005 ATM, Art. 11, approved 8-4-2005]
No person owning or having the care, custody or control of any dog shall
permit such dog to soil or defile or commit any nuisance upon any sidewalk,
street, thoroughfare, beach or wetland, in or upon any public property, or
in or upon the property of persons other than the owner or persons having
the care, custody or control of such dog, unless said person picks up any
such waste and disposes of same in a sanitary manner. Disposal in a storm
drain is not a sanitary manner. This section shall not apply to physically
handicapped persons in sole custody or control of said dog.
A.
Whoever suffers loss by the worrying, killing or maiming
of his livestock or fowl by dogs shall inform the Dog Officer, or other authorized
agent, who shall forthwith proceed to the scene to view the damage, who shall
determine if the damage was done in fact by dogs and, if so, appraise the
amount of damage if it does not exceed $100.
B.
If, in the opinion of the aforementioned agent of the
Town, the damage exceeds $100, the damage shall be appraised on oath by three
persons, one of whom shall be this agent of the Town, one shall be appointed
by the person alleged to have suffered the loss and the third appointed by
these two.
C.
Said appraisers shall consider and include in such damages
the number and kind of animals damaged, the extent of the damage and the approximate
weight of the killed animals. The appraisers will also note in their report
whether or not any animals were sent for medical treatment in an effort to
save them and the number and kind of such animals. Such report shall be filed
in the office of the Board of Selectmen within 10 days of said appraisal.
The Board of Selectmen may require the appraisers to provide any additional
information that they deem appropriate. The appraisal will be reviewed and
submitted for payment as deemed appropriate. Reimbursement may be denied or
limited in accordance with MGL c.140, § 161A.
[Amended 5-2-2005 ATM, Art. 11, approved 8-4-2005]
A.
The owner or keeper of a dog which has done damage to
livestock or fowl shall be liable for such damage, and the Board of Selectmen
may order the owner or keeper to pay such damages after an investigation by
the Town Administrator of the facts of the matter and appraisal conducted
as outlined in § 115-6.
B.
In the event that the owner or keeper of such dog known
to have done damage to livestock or fowl refuses to pay upon the order of
the Board of Selectmen, the Town Administrator shall enter or cause to be
entered a complaint in district court for the enforcement of the order.
A.
The owner or keeper of a dog three months of age or older,
housed or sheltered in the Town of Orange shall cause such animal to be vaccinated
against rabies by a licensed veterinarian using a vaccine approved by the
Massachusetts Department of Public Health. Such owner or keeper shall procure
a veterinarian's certification that such animal has been so vaccinated
and setting forth the date of such vaccination and the duration of immunity,
or a notarized letter from a veterinarian that a certification was issued,
or a metal rabies tag bearing an expiration date indicating that such certification
is still in effect, or a veterinarian's certificate indicating that because
of infirmity, other physical condition or regimen of therapy, said vaccination
is deemed inadvisable.
B.
Vaccinated animals shall be revaccinated periodically
in accordance with rules and regulations adopted and promulgated by the Massachusetts
Department of Public Health. The owner or keeper of a dog shall present certification
of rabies vaccination upon demand of the Dog Officer, police officers or other
authorized officials of the Town.[1]
[1]
Editor's Note: The former paragraph prescribing penalties for violations
of this section, which immediately followed this subsection, was 5-2-2005
ATM, Art. 11, approved 8-4-2005.
The Board of Selectmen, or its authorized agent, may order any dog which
said person has reason to believe is affected with a contagious disease of
a serious nature, to be quarantined or isolated for at least 10 days upon
the premises of the owner or of the person in whose charge it is found, or
in such other place as the Board of Selectmen or agent may designate. A dog,
which has been quarantined or isolated by order of the Board of Selectmen
or its agent, shall, during the continuance of such quarantine or isolation,
be deemed to be affected with a contagious disease. The owner or keeper shall
be responsible for any fees incurred for any off-premises quarantine. Whoever
knowingly breaks or authorizes or causes to be broken a quarantine so imposed,
or whoever, contrary to such order of quarantine or isolation, knowingly removes
a dog or authorizes or causes it to be removed from a building, place or enclosure
where it is quarantined or isolated, or whoever, contrary to an order or notice
of quarantine, knowingly places or causes or authorizes to be placed any other
animals within a building, place or enclosure where a dog is quarantined or
in contact therewith, or knowingly causes or authorizes to be concealed, sold,
removed or transported, a dog, knowing or having reasonable cause to believe
that it is affected with a contagious disease, or whoever knowingly authorizes
or permits such dog to go at large within the Town of Orange, shall be punished
by a fine of $100 for each offense. Any such dog found at large by the Dog
Officer, or other authorized agent of the Town, shall be captured and confined
at the expense of said owner or keeper.
[Amended 5-2-2005 ATM, Art. 11, approved 8-4-2005]
It shall be the policy of the Town of Orange to attempt to make available
for adoption those impounded dogs which have gone unclaimed and are deemed
healthy and suitable for pets. The facility holding a contract with the Town
of Orange for impound services may offer said adoption service in accordance
with MGL c.140, § 139A, acting in the capacity of a "shelter" as
defined in MGL c.140, § 136A. Alternatively, the Town may place
unclaimed dogs, suitable for adoption, with the MSPCA, Pioneer Valley Humane
Society, or other breed-specific rescue organization. The Town of Orange will
not assume financial responsibility for the upkeep and boarding of said dogs
beyond the initial required ten-day holding period.
If any person shall make a complaint in writing to the Board of Selectmen,
that a dog owned or kept in the Town of Orange is a nuisance by reason of
vicious disposition or excessive barking or other disturbance, the Board of
Selectmen shall cause to be investigated such complaint, including an examination
on oath of the complainant, and after holding a public hearing, may make such
order concerning the restraint or disposal of such dog and payment of damages
as may be deemed necessary. Within 10 days after such order the owner or keeper
of such dog may petition for relief of said order in accordance with the provisions
of MGL c.140, § 157. Any person owning or keeping a dog subject
to any order of the Board of Selectmen, who shall fail to comply with said
order of the Board of Selectmen, shall be punished by a fine of $100 for each
offense. The owner/keeper of any dog subject to an order of the Board of Selectmen
shall be responsible for any and all costs of carrying out said order. The
act of a dog in attacking or biting another dog or other animal may be made
subject of a complaint under the provisions of this section.
As used in this chapter, the following terms shall have the meanings
indicated:
Free of physical restraint and permitted to wander on private property,
public property and ways at will.
The time between April 1 and the following March 31, both dates inclusive.
Animals or fowl kept or propagated by the owner for food or as a
means of livelihood; also deer, elk cottontail rabbits and northern hares,
pheasants, quail, partridge and other birds and quadrupeds determined by the
Department of Fisheries, Wildlife and Environmental Law to be wild and kept
by, or under a permit from, said Department in proper houses or suitable enclosed
yards. Such phrase shall not include dogs, cats and other pets.
Any person, firm, association or corporation owning, keeping, or
harboring a dog.
