[HISTORY: Adopted by the Town Meeting of the Town of Sharon
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 10, § 28B, of the Town Bylaws;
amended 11-17-2008 STM]
No person shall trap wildlife on any land owned by the Town
or by the Town's Conservation Commission unless a written permit shall
have been obtained prior to the opening of each trapping season from
the Select Board members in the case of land owned by the Town or
from the Conservation Commission in the case of land owned by the
Conservation Commission. Such permit must be worn in a visible manner
and must be shown on demand to any Sharon police officer or to the
Town's Conservation Officer.
[Adopted 11-17-2014 STM
by Art. 8 (Art. 17 of the Town Bylaws)]
The purpose of this bylaw is to achieve the objectives of the
animal control enabling legislation, as amended, contained in MGL
c. 140, §§ 136A through 174E, which includes the regulation
of domesticated animals within the borders of the Town of Sharon,
Massachusetts, the licensing of dogs, and the establishment of fines
for violation of this bylaw.
This bylaw shall apply to all dogs owned by or kept by residents
of the Town of Sharon, all dogs harbored or kept in the Town of Sharon,
and all dogs physically within the Town of Sharon, whether on public
or private property and regardless of whether ownership can be determined.
This bylaw also shall apply to all residents of the Town of Sharon
who bring or harbor one or more dogs within the Town of Sharon.
As used in this article, the following terms shall have the
meanings indicated:
An appointed officer authorized to enforce MGL c. 140, §§ 136A
to 174E, inclusive.
A dog off the premises of its owner or keeper and not under
the control of a person capable of preventing the dog from being a
threat to public safety, biting other domestic animals or being a
public nuisance.
Aggressive physical contact initiated by an animal.
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment, at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that "commercial boarding or training kennel" shall
not include an animal shelter or animal control facility, a pet shop
licensed under MGL c. 129, § 39A, a grooming facility operated
solely for the purpose of grooming and not for overnight boarding
or an individual who temporarily, and not in the normal course of
business, boards or cares for animals owned by others.
A dog that either:
The Select Board of the Town of Sharon.
A person, business, corporation, entity or society, other
than the owner, having possession of a dog.
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.
The clerk of any municipality.
A fowl or other animal kept or propagated by the owner for
food or as a means of livelihood, deer, elk, cottontail rabbit, northern
hare, pheasant, quail, partridge and other birds and quadrupeds determined
by the Department of Fisheries, Wildlife and Environmental Law Enforcement
to be wild and kept by, or under a permit from, the Department in
proper houses or suitable enclosed yards; provided, however, that
"livestock or fowl" shall not include a dog, cat or other pet.
A dog that:
By excessive barking or other disturbance is a source of annoyance
to a sick person residing in the vicinity; or
By excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one’s
quiet and peaceful enjoyment; or
Has threatened or attacked livestock, a domestic animal or a
person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership, for private personal
use; provided, however, that breeding of personally owned dogs may
take place for the purpose of improving, exhibiting or showing the
breed or for use in legal sporting activity or for other personal
reasons; provided, further, that selling, trading, bartering or distributing
such breeding from a personal kennel shall be to other breeders or
individuals by private sale only and not to wholesalers, brokers or
pet shops; provided, further, that a personal kennel shall not sell,
trade, barter or distribute a dog not bred from its personally owned
dogs; and provided, further, that dogs temporarily housed at a personal
kennel, in conjunction with an animal shelter or rescue registered
with the Department of Agricultural Resources, may be sold, traded,
bartered or distributed if the transfer is not for profit.
A.
Licenses
shall be required for any dog over six months of age in accordance
with MGL c. 140, § 137, and are valid for a one-year period
commencing on January 1 and expiring on December 31 of each year.
The annual fee for every dog license, except as otherwise provided
by law, shall be $20 for a male or female dog; unless a certificate
of a registered veterinarian who performed the operation that such
dog has been spayed or neutered and has thereby been deprived of the
power of propagation has been shown to the Town Clerk, in which case
the fee shall be $15. A copy of such certificate of spaying or neutering
on file in the office of any city or town clerk within the commonwealth
may be accepted as evidence that such operation has been performed.
If the Town Clerk is satisfied that the certificate of the veterinarian
cannot be obtained, he/she may accept in lieu thereof a statement
signed under the penalties of perjury by a veterinarian registered
and practicing in the commonwealth describing the dog and stating
that he/she has examined such dog and that it appears to have been
and in his/her opinion has been spayed or neutered and thereby deprived
of the power of propagation.
B.
A licensing
authority shall not grant a license for a dog unless the owner of
the dog provides the licensing authority with a veterinarian’s
certification that the dog has been vaccinated for rabies, certification
that such dog is exempt from the rabies vaccination requirement under
MGL c. 140, § 145B, or a notarized letter from a veterinarian
that either of these certifications was issued relative to such dog.
C.
The license
shall be granted upon condition that the dog shall be controlled and
restrained from killing, chasing or harassing livestock or fowl.
D.
No license
fee shall be charged for a license for a service animal as defined
by the Americans with Disabilities Act.
E.
No dog
license fee or part thereof shall be refunded because of the subsequent
death, loss, spaying or removal from the commonwealth or other disposal
of the dog.
F.
Should any owner or keeper of a dog fail to license his/her dog before May 31, the owner shall pay a late fee of $50, in addition to the license fee. In accordance with Chapter 1, Article I, of the General Bylaws of the Town of Sharon, a noncriminal disposition penalty will be imposed in the amount of $25 for any owner of a dog who fails to comply with the licensing of his/her dog on or before June 30 of any year; said fee is to be paid in addition to the late fee and license fee.
(1)
The
owner of any dog impounded because of failure to license according
to this bylaw may claim such dog upon the reimbursement to the Animal
Control Officer of the expense incurred for maintaining such dog according
to the following fee schedule:
(2)
Prior
to its release, the owner of said dog shall obtain a license from
the Town Clerk.
G.
The owner
or keeper of a licensed dog shall keep affixed around the dog’s
neck or body a collar or harness of leather or other suitable material,
to which a tag shall be securely attached. The tag shall have inscribed
upon it the dog’s license number, the name of the city or town
issuing the license and the year of issue. If the tag becomes lost,
the owner or keeper of the dog shall immediately secure a substitute
tag from the licensing authority at a cost to be determined by the
city or town, and the fee for the substitute shall, if received by
a city or town clerk, be retained by the clerk unless otherwise provided
by law.
H.
Every person
maintaining a kennel shall obtain a kennel license in accordance with
MGL c. 140, § 137A.
I.
The fee
for every kennel license shall, except as otherwise provided, be $35
for no more than four dogs over the age of three months; $60 if more
than four but no more than 10 dogs over the age of three months; $125
if more than 10 dogs over the age of three months are kept therein.
An owner or keeper of a personal kennel may elect to secure a kennel
license in lieu of licensing each individual dog.
J.
In the
case of an applicant for initial licensure, a licensing authority
shall not issue a kennel license until a kennel has passed inspection
by the Animal Control Officer.
K.
Whoever
violates MGL c. 140, § 137, 137A, 137B or 138, shall be
assessed a penalty of $50.
L.
Any funds
collected pursuant to the provisions of this bylaw shall be accounted
for and paid over to the Town Treasurer at such time and in such manner
as may be designated by the Town Treasurer.
No person shall own or keep in the Town any dog which by biting,
excessive barking, howling, or being at large or in any other manner
becomes a public nuisance. Any unspayed female dog in season shall
be deemed a public nuisance when not confined indoors by the owner
thereof, or housed in a veterinarian hospital or registered clinic.
Any owner or keeper of a dog who shall fail to comply with any
order of the Animal Control Officer or Select Board members issued
pursuant to this bylaw shall be punished by a fine of $100, with a
right to appeal to the District Court pursuant to MGL c. 140, § 157.
A.
If any
person shall make a complaint, pursuant to MGL c. 140, § 157,
in writing to the Animal Control Officer or Select Board that any
dog owned or harbored within the Town is a nuisance dog or is a dangerous
dog, the Animal Control Officer shall investigate such complaint and
submit a written report to the Select Board, acting as the hearing
authority, of his findings and recommendations, together with the
written complaint.
B.
The Animal
Control Officer, after investigation, may issue an interim order that
such dog be restrained or muzzled for a period not to exceed 14 days
to allow the Select Board to issue its order following receipt of
the report of the Animal Control Officer.
C.
Restraint
or muzzling.
(1)
Any
dog may be restrained or muzzled pursuant to an interim order of the
Animal Control Officer for any of the following reasons:
(a)
For having bitten any person.
(b)
If found at large or unmuzzled, as the case may be, while an order
for restraint of such dog is in effect.
(c)
If found in a school, schoolyard or public recreation area.
(d)
For having killed or maimed or otherwise damaged any other domesticated
animal.
(e)
For chasing any vehicle upon a public way or way open to public travel
in the Town.
(f)
For any violation of this section relating to dogs.
(2)
Upon
restraining or muzzling, or issuing any order to restrain or muzzle,
the Animal Control Officer shall submit in writing to the Select Board
a report of his action and the reasons therefor. If the Select Board
fails to act during the period of the interim order, upon expiration
of the period the interim order shall be automatically vacated.
D.
Such investigation
shall include notice to the owner and a hearing with an examination
under oath of the complainant to determine whether the dog is a nuisance
or is a dangerous dog.
E.
The owner
or keeper of any dog that has been issued an order under this section
may file an appeal in accordance with MGL c. 140, § 157(d).
In accordance with the requirements of MGL c. 140, § 174E,
no person owning or keeping a dog shall chain or tether a dog to a
stationary object, including, but not limited to, a structure, dog
house, pole or tree, for longer than 24 consecutive hours.
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 or is under the control of its owner or keeper
or agent of either. As used in this section, the term "control" shall
include but not be limited to oral or visual commands to which the
dog is obedient. Dogs running at large and not under restraint will
be caught and confined for a period of up to seven days, and the known
owner or keeper will be forthwith notified. Said dog shall not be
released to that known owner or keeper until a pick-up charge of $20
per dog shall have been paid to the Town of Sharon for services rendered
in addition to a per-day boarding fee which is determined by the shelter
for the care and keep of each dog impounded.
See MGL c. 140, § 151B. A veterinarian registered
under MGL c. 112, § 55 or 56A, who renders emergency care
or treatment to, or who euthanizes, a dog or cat that is injured on
any way shall receive payment from the owner of such dog or cat, if
known, or, if not known, from the city or town in which the injury
occurred in an amount not to exceed $250 for such care, treatment
or euthanization; provided, however, such emergency care, treatment
or euthanization shall be rendered for the purpose of maintaining
life, stabilizing the animal or alleviating suffering until the owner
or keeper of the dog or cat is identified or for 24 hours, whichever
is sooner. A veterinarian who renders such emergency care or treatment
to a dog or cat or euthanizes a dog or cat shall notify the municipal
Animal Control Officer and the Animal Control Officer shall assume
control of the dog or cat or the remains of the dog or cat.
A.
In addition to the remedies set forth herein, other than as provided in §§ 116-5 and 116-7, this bylaw may be enforced by noncriminal disposition as provided in MGL c. 40, § 21D. For the purposes of this bylaw, the Animal Control Officer and all Sharon police officers shall be designated enforcing persons. Each day on which any violation of this bylaw occurs shall be deemed to be a separate offense subject to the following penalties:
B.
The issuance
of a penalty or noncriminal disposition shall not preclude the Town
from seeking or obtaining any or all other legal and equitable remedies
to prevent or remove a violation of this bylaw.
Should any portion, section or provision of this bylaw be found
invalid for any reason, that finding shall not affect the validity
and force of any other section, portion or provision of this bylaw.
