[HISTORY: Adopted by the Town Meeting of the Town of Foxborough 3-7-2011 STM by Art. 7 (Art. V, § 3, of the General Bylaws). Amendments noted where applicable.]
Noise — See Ch. 167.
As used in this chapter, the following terms shall have the meanings indicated:
- ANIMAL CONTROL OFFICER
- That person or persons appointed by the Selectmen to enforce this bylaw.
- AT LARGE
- Any dog shall be deemed to be at large when it is off the premises of its owner or keeper and not under the care and control of a person demonstrating the ability to control the dog.
- CARE AND CONTROL
- A dog shall be considered in care and control while on the premises of its owner or keeper or if the dog is on the premises of another person with knowledge and expressed permission of such other person. A dog under voice command shall be considered in the care and control of a person only if said person is competent to prevent the dog from being at large, or from being a public nuisance.
- Any animal of the canine genus.
- Any person, corporation or society, other than the owner, harboring or having in his possession any dog.
- LICENSING PERIOD
- The time between January 1 of any year to December 31 of the same calendar year, both dates inclusive.
- Any person, partnership, or corporation, in whom is vested the ownership, domain, or title of one or more animals.
- PUBLIC NUISANCE
- A dog shall be deemed a public nuisance for any of the following (but not limited to):
- A. Is found at large;
- B. Damages the property of anyone other than its owner;
- C. Molests or intimidates pedestrians or passersby;
- D. By reason of habitual or frequent howling, barking, whining, or other utterances disturbs the peace and quiet of any person of ordinary sensibilities who is a neighbor or in close proximity to the premises where the dog is kept or harbored;
- E. Has bitten or attacked any person;
- F. Has bitten or attacked other domestic animals;
- G. When the owner or keeper has failed to remove excrement from either public or private property.
The Animal Control Officer may impose a fine upon the owner or keeper of a dog found to be a public nuisance: $25 for the first or second offense; $50 for the third offense; and $100 for the fourth offense. Fines shall be paid to the Town of Foxborough before the redemption of the dog, if impounded, or within 21 days of issuance of the fine when impoundment has not occurred.
The Animal Control Officer shall charge the dog owner or keeper a $20 redemption fee, to be in addition to any and all other fees, fines or penalties.
In addition to all other legal and equitable remedies, fines and penalties under this bylaw may be assessed in the manner provided in MGL c. 40, § 21D, with the Animal Control Officer as the enforcing person, and the amount of the fine $25.
The owner or keeper of a dog, cat or ferret six months old or over shall cause the dog, cat or ferret to be properly vaccinated against rabies by a licensed veterinarian as is required by MGL c. 140, § 145B. The owner or keeper of any unvaccinated dog, cat or ferret brought into the Town of Foxborough shall be punished by a fine of not more than $50, which shall be paid to the Town of Foxborough.
If any person shall make a complaint in writing to the Animal Control Officer that any dog within his/her jurisdiction is a public nuisance, the Animal Control Officer shall investigate such complaint and may restrain or muzzle the dog or issue an interim order to restrain or muzzle the dog for a period not to exceed 14 days. The Animal Control Officer may take similar action, without written complaint, should he/she become aware that any dog is a public nuisance.
Upon restraining or muzzling, or issuing an interim order to restrain or muzzle, the Animal Control Officer shall submit in writing to the Selectmen a report of his/her action and the reasons therefor. Upon receipt of such report, the Selectmen may make such order concerning the restraint, muzzling or disposal of such dog as deemed necessary. If the Selectmen fail to act upon the report during the period the dog is restrained or muzzled, upon expiration of the period, the interim order shall be deemed automatically vacated.
The owner or keeper of any dog that has been ordered to be restrained or muzzled under this bylaw may file a request in writing with the Animal Control Officer that the restraining order be vacated, or that the dog be released, and after investigation by the Animal Control Officer, such officer may vacate such order or release such dog, if the order or restraint was imposed by him/her. If the order was imposed by the Selectmen, the Animal Control Officer shall submit a written report of his/her recommendations to the Selectmen, who may vacate such order.
The owner of any dog under order of restraint or muzzling or disposal order by Selectmen, if not satisfied with the decision of the Selectmen following appeal, shall have the right to appeal to the District Court.
It shall be the duty of the Animal Control Officer to apprehend any dog that is found running at large and impound such animal. Such animal to be held, adopted, or euthanized as described in MGL c. 140, § 151A.
The owner or keeper of a dog so impounded may claim the dog as provided by law, upon the occurrence of the following:
The owner or keeper presents a valid license and certificate of rabies vaccination;
The owner or keeper pays all fines, boarding and other fees;
The owner or keeper gives his/her name, address and date of birth;
If the dog does not have a current rabies vaccination, the owner or keeper must present a receipt from a licensed veterinarian showing prepayment of rabies vaccination;
If the dog is unlicensed, the owner must license the dog within seven days of redemption.
A person residing in the Town of Foxborough who at the beginning of the license period is the owner or keeper of a dog six months old or older shall cause the dog to be licensed each year with the Town Clerk's Office as required under MGL c. 140, § 137. Any person who during the license period shall become the owner or keeper of a dog six months old or older shall cause that dog to be licensed as provided herein within 30 days of his or her obtaining possession of said dog.
The Town Clerk shall charge such fee for license as may from time to time be established by the Town Clerk pursuant to MGL c. 40, § 22F. The Town Clerk shall not issue a license 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. No fee shall be charged for a license issued under this section for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. Whoever fails to license their dog by January 31 of each year shall be subject to a late fee as may from time to time be established by the Town Clerk pursuant to MGL c. 40, § 22F.