[HISTORY: Adopted by the Annual Town Meeting 10-28-1997, Art. 26. Amendments noted where applicable.]
The following words and phrases, as used in this section, unless the context requires otherwise, shall have the following meanings:
HUNTING OR SPORTING DOG
An animal under the control and direction of its owner or keeper while used in training or actual hunting. It also includes animals used in events or trials participating under sanctioned competitions.
KEEPER
Any person, other than the owner, harboring in his possession any animal. The keeper shall be held liable for the action of the animal.
KENNEL
A pack or collection of dogs on a single premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel, as defined in MGL c. 140, § 136A.
[Amended 10-25-2011 ATM, Art. 7; 10-22-2013 ATM, Art. 8]
OWNER
Includes corporations, societies, associations, partnerships and individuals, provided that they show ownership of an animal by possession of a current and valid license or other satisfactory proof of ownership.
WORKING DOG
An animal used in the performance of a particular set of tasks. The animal must be engaged in such tasks to be exempt from § 8-102. Examples include guard dogs, Seeing Eye dogs and dogs used to control a farmer's flock or herd.
No person shall permit a dog owned or kept by him beyond the confines of the property of the owner or keeper unless the dog is held firmly on a leash. The length of a leash shall not exceed six feet when off the property of the owner or keeper. An owner or keeper may use a leash of greater length to restrain a dog on the property of the owner or keeper, provided that the dog is securely confined to the premises of the owner or keeper. Exceptions are animals, which are classified as hunting or sporting dogs, as well as working dogs, while used in such capacity.
The unauthorized presence of any animal on public lands or on the land of any person other than the owner or keeper of such animal when such animal is not restrained as above-mentioned shall be prima facie evidence of a violation of the provisions of this section.
[Amended 10-25-2011 ATM, Art. 7]
A. 
This dog regulation bylaw may be enforced pursuant to the provisions of MGL c. 40, § 21D, and § 1-109A of this Code of Bylaws.
B. 
Except as otherwise provided, the penalty for the first offense in a calendar year shall be $10; the penalty for the second offense shall be $25, and the penalty for the third and each subsequent offense in the same calendar year shall be $50.
A. 
Any owner or keeper of a dog six months of age or older in the Town of Northbridge shall cause that dog to be licensed as required by MGL c. 140 within the stipulated time. An owner or keeper of fewer than four dogs over three months of age may elect to secure a kennel license in lieu of licensing the dogs individually as provided by MGL c. 140, § 137A.
[Amended 10-22-2013 ATM, Art. 8]
B. 
Fees.
(1) 
The annual fee for every dog license, except as otherwise provided for by law, shall be $10, unless a certificate of a registered veterinarian who performed the operation that such dog has been altered and has thereby been deprived of the power of breeding or producing offspring has been shown to the Town Clerk, in which case the fee shall be $6. If the Town Clerk is satisfied that the certification by the veterinarian who altered the dog cannot be obtained, he/she may accept in lieu thereof a statement, under the penalties of perjury, by a registered veterinarian describing the dog and stating that he has examined the dog and, in his opinion, the dog is not capable of breeding or producing offspring by reason of spaying or neutering. Until the veterinarian has examined the dog in question, the license fee for the licensing period shall be at the rate of $10. When applying for a license, the applicant must also show proof by a veterinarian's certificate that the dog has been vaccinated against rabies, as required by MGL c. 140.
[Amended 10-24-2006 ATM, Art. 23; 10-25-2011 ATM, Art. 7]
(2) 
No fee shall be charged for a license for a dog specifically trained to lead or serve a blind person or a deaf person, provided that the Division of the Blind or Deaf certified that such dog is so trained and actually in the services of a blind or deaf person.
(3) 
Kennel fees shall be as follows:
(a) 
Four dogs or fewer: $40.
[Amended 10-24-2006 ATM, Art. 23]
(b) 
Ten dogs or fewer: $75.
(c) 
Twenty-five dogs or fewer: $100.
C. 
No license fee or part thereof shall be refunded because of subsequent death, loss, spaying, neutering or removal from the commonwealth or other disposal of the dog.
D. 
Should any owner or keeper of a dog fail to license that dog before June 1, that owner or keeper shall pay a late fee of $10 per household before obtaining said license, except a dog brought into the Town as provided in MGL c. 140, § 138. This late fee shall be applicable from the 61st day after the arrival of such dog.
[Amended 10-24-2006 ATM, Art. 23; 10-25-2011 ATM, Art. 7]
E. 
Any person maintaining a kennel in the Town of Northbridge who fails to license as prescribed by this section and the laws of the commonwealth shall pay a late fee of $20. Such fees as are collected by the Animal Control Officer shall be accounted for and paid over to the Town Treasurer to be incorporated into the Animal Control Fund.
[Amended 10-24-2006 ATM, Art. 23]
[Amended 10-24-2006 ATM, Art. 23; 10-25-2011 ATM, Art. 7]
The Animal Control Officer can impound a dog and fine the owner or keeper of said dog pursuant to § 8-104 of this chapter for the following offenses:
A. 
Being an unlicensed dog.
B. 
Being found at large when the owner or keeper is not present.
C. 
Injuring or menacing a person.
D. 
Injuring a domestic animal or fowl.
E. 
Chasing vehicles (autos, motorcycles or trucks).
F. 
Chasing bicycles.
G. 
Causing any disturbance (barking, howling or disturbing).
H. 
Being unmuzzled off the owner's or keeper's property while a muzzling order is in effect.
I. 
Being found at large at any school yard and/or recreational area.
J. 
Violation of a quarantine.
[Amended 10-24-2006 ATM, Art. 23]
A. 
The Animal Control Officer can order a dog to be muzzled for the following:
(1) 
Biting or menacing a person.
(2) 
Injuring a domestic animal or fowl.
(3) 
Excessive barking.
B. 
Exceptions. Only the Animal Control Officer has the power to remove a muzzle order if he so desires, i.e., an exception is feeding time.
For biting a person, the animal must be quarantined subject to MGL c. 129, § 21. Any and all violations of a quarantine order will be subject to general penalties under MGL c. 129, § 30.
A. 
A storage fee of $5 per day will be levied if said animal is impounded.
B. 
Impounded, unlicensed dogs will be kept for 10 days. During such time, a description of the animal will be posted at the Town Hall. To obtain the release of an unlicensed animal, the owner must license the animal and pay all fines and storage fees. If the animal is not claimed, it will be sold to anyone paying the fines and storage of said animal. If not claimed or sold within the ten-day period, the animal shall be destroyed in a humane manner.
C. 
The owner of an impounded licensed dog will be notified by registered mail of the animal's confinement. The animal shall be kept until the owner pays all fines and storage. If not claimed within 30 days, it will be destroyed in a humane manner.
A. 
If found at large, dogs in the estrous cycle (heat) can be impounded. If complaints have been recorded, the Animal Control Officer may require the owner to remove the animal from the area of disturbance. If impounded, the owner shall be notified by registered mail of the animal's confinement.
[Amended 10-24-2006 ATM, Art. 23]
B. 
A fine of $25 shall be levied against the owner or keeper of an unspayed female dog in heat running at large.
C. 
Impounded, unlicensed dogs in heat shall be kept for 10 days. During such time a description of the animal will be posted in the Town Hall. If the animal is not claimed, it shall be sold to anyone paying the fines and storage of said animal. If not claimed or sold within the ten-day period, the animal shall be destroyed in a humane manner.
[Amended 10-24-2006 ATM, Art. 23]
Subject to approval of the Board of Selectmen, the Town Manager shall appoint an Animal Control Officer, who shall be the Dog Officer, and such assistants as are deemed necessary to administer and enforce this bylaw relating to dogs and the sections of MGL c. 140, as amended, relating to dogs.
[Amended 10-25-2011 ATM, Art. 7]
A. 
Kennel license required. A kennel license shall be required for all kennels and shall be classified as a Grade One License for the keeping of four dogs, a Grade Two License for the keeping of five to 10 dogs, and a Grade Three License for the keeping of 11 to 25 dogs or for the keeping of greater than 25 dogs. A kennel in excess of 25 dogs shall not be permitted unless the Animal Control Officer determines that such kennel in excess of 25 dogs shall board dogs primarily within a building and such building shall provide for not less than one hundred (100) square feet of gross floor area per dog. The new kennel licensing requirements shall become effective on July 1, 2018.
[Amended 5-1-2018 ATM, Art. 28; 10-22-2019 ATM, Art. 6]
B. 
Application and issuance of license and fees. A kennel license shall be issued annually by the Town Clerk upon written application by an owner or keeper of dogs and after inspection and determination by the Animal Control Officer, or other agent as designated by the Town Manager, that the conditions set forth in Subsection D are met.
(1) 
An application fee of $100 shall be required for the initial application and for any applications to make changes to an existing kennel license.
(2) 
Exception: All existing kennels licensed before January 1, 2012, shall be exempt from the requirement of a new application and be subject only to the requirement of the annual inspection and renewal fee.
C. 
Conditions that must be met for the issuance of a kennel license. The Animal Control Officer, or other agent as designated by the Town Manager, shall determine that:
(1) 
The proposed licensed premises contains sufficient and suitable space for the keeping of the specific breed(s) and number(s) of dogs, including both indoor and outdoor areas.
(2) 
The proposed licensed premises for a Grade One License, a Grade Two License, and a Grade Three License shall provide suitable distances from nearby residential dwellings. Suitable distances from nearby residential dwellings shall be determined by the Animal Control Officer, or other agent as designated by the Town Manager, upon inspection of the proposed licensed premises.
(3) 
The proposed licensed premises contain a suitable shelter for the dogs, which for a Grade Three License includes adequate running water and an impervious floor suitable for sanitary maintenance.
D. 
Kennel license conditions. All kennel licenses shall be issued annually and be subject to the following conditions:
(1) 
The licensee shall maintain a certificate of health signed by a licensed veterinarian for each dog in the kennel. The certificate of health shall be updated at least annually upon review of the kennel license and the payment of the annual kennel license fee.
(2) 
The licensee shall maintain a certificate signed by a licensed veterinarian that each dog in the kennel six months of age or older has a current rabies vaccination.
(3) 
The licensee shall comply with the Town of Northbridge Leash Bylaw, § 8-102.
(4) 
The licensed premises shall be subject to unannounced, annual inspections by the Animal Control Officer, or other agent as designated by the Town Manager, regarding compliance with the conditions of the kennel license.
E. 
Penalties and enforcement. The operation of a kennel without a license shall be a violation of this bylaw. Any violation of the conditions of a kennel license shall be grounds for suspension, revocation, or nonrenewal of the kennel license. The provisions of this article shall be enforced by the Animal Control Officer, or other agent as designated by the Town Manager. The penalties for violating the kennel licensing provision set forth herein shall be $50 for the first offense and $75 for each subsequent offense, each day of the violation constituting a separate offense.
F. 
Appeal and waiver.
(1) 
Should a kennel license be denied because of the applicant's inability to meet the requirements of sufficient and suitable space, suitable distance from nearby residential dwellings, and suitable shelter for the dogs, as determined upon inspection by the Animal Control Officer, or other agent as designated by the Town Manager, the applicant may appeal the Town Clerk's denial to the Board of Selectmen, or their designee, within 30 days of receiving the denial.
(2) 
The Board of Selectmen, or their designee, shall hold a hearing on said appeal within 45 days of receipt of the written notice of appeal.
(3) 
Notice of the hearing shall be given by postage-prepaid first-class mail to the abutters of the proposed licensed premises, both to the property owner and any tenants, as appearing in the Board of Assessors' most recent list, and also shall be published in a newspaper of general circulation in the Town, at least 14 days prior to the date of the Board of Selectmen's, or their designee's, hearing. The applicant shall pay the expenses of giving said notice.
(4) 
After hearing, the Board of Selectmen, or their designee, may waive strict compliance with the provisions set forth in Subsection D and order the Town Clerk to issue the license if:
(a) 
The Animal Control Officer, or other agent as designated by the Town Manager, recommends a waiver.
(b) 
The Board of Selectmen, or their designee, determines that there is sufficient area for the keeping of the dogs and that the health and the safety of the public is protected.
(c) 
In granting a waiver under this section, the Board of Selectmen, or their designee, may impose conditions on the waiver such that the health and the safety of the public is protected.
[Added 10-25-2011 ATM, Art. 7[1]]
A. 
Duty to dispose. 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, park or other public area.
B. 
Duty to possess means of removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog.
C. 
Method of removal and disposal. For the purpose of this regulation, the means of removal shall be any tool, implement 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 as appropriate by the Board of Health.
D. 
Fines or violation. Violation of this regulation shall be punished by a fine of $50 for each occurrence.
E. 
Exemption. This regulation shall not apply to a dog accompanying a handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this regulation.
[1]
Editor's Note: This Article also redesignated former § 8-113, Severability, as § 8-115.
[Added 10-25-2011 ATM, Art. 7]
Dogs "banned" or "removed" from another town or municipality may not be relocated to or be permitted to be kept within the Town of Northbridge.
In the event that any provision or section of this section is deemed invalid and unenforceable, all other provisions shall remain in force and in effect.[1]
[1]
Editor's Note: Former § 8-114, Penalties, which immediately followed this section, was repealed 10-25-2011 ATM, Art. 7.