Town of Lunenburg, MA Chapter 110 Animals

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

Article I Dog Control

[Adopted as Art. IX, §§ 1-A, 1-B and 1-C, of the Town Bylaws]

§ 110-1 Dog restraint.

[Amended 5-1985; 5-11-1991; 5-2006 ATM by Art. 40]

A. No owner or keeper of any dog shall permit such dog, whether licensed or unlicensed, to become a public nuisance within the Town at any time. It shall be the duty of the Animal Control Officer to apprehend any dog which he/she has reason to believe to be a public nuisance and to impound such dog in a suitable place and to order the owner thereof to restrain such dog. The owner of any dog impounded may reclaim such dog upon payment of the sum of $25 for the first twenty-four-hour period or any part thereof that the dog is held and $25 for each additional 24 hours or any part thereof; provided, however, that if the dog is not licensed, before release to any person, a license, if such is required by the Town, shall be secured. The sums collected pursuant to the provisions of this section shall be accounted for and paid over to the Town Treasurer. Any dog which has been impounded and has not been redeemed by the owner within 10 days shall be disposed of as provided for by the laws of the Commonwealth of Massachusetts.

B. Any owner found in violation of any of the provisions of the bylaw shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine in accordance with the following schedule or any other schedule permitted by law:

(1) First offense: $50.

(2) Second offense: $75.

(3) Third and subsequent offenses in any twelve-month period: $100.

C. If the owner or keeper of a dog is a minor, the parent or guardian of such minor shall be held liable for any violations of this bylaw and shall attend to all complaints or other matters pertaining to dogs in the Town with citation rights.

D. Definitions. As used in this section, the following terms shall have the meanings indicated:

DOG

All animals of canine species, both male and female.

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 when attacking persons or domestic animals while such dog is on property other than that of the dog owner; when destroying property; when on a public school grounds and not under restraint; when it persistently chases moving vehicles; when it persistently and continuously barks or howls; when it is permitted to run at large and unrestrained on property other than its owner's; any unspayed female dog in season shall be deemed a public nuisance when not confined indoors or housed in a veterinary hospital or registered kennel. Each time one of the above nuisances exists shall constitute a separate offense.

§ 110-2 License and kennel fees.

A. License fees.

(1) The annual fee in the Town of Lunenburg shall be:

(a) Unspayed female/unaltered male: $20.

(b) Spayed female/altered male: $5.

(2) Dogs for which their age can be confirmed as being eight years or older, and dogs for which it can be verified by a veterinarian in writing that they cannot be spayed or altered due to severe medical reasons, shall adhere to the same fee schedule as spayed and altered dogs.

B. Kennel fees.

(1) One dog to four dogs: $30.

(2) Five dogs to 10 dogs: $60.

(3) Over 10 dogs: $100.

§ 110-3 Dog kennels.

[Amended 5-13-1987; 6-13-2020 ATM by Art. 19]

A. Any person maintaining a kennel, as defined in MGL c. 140, § 136A, shall obtain a kennel license in accordance with MGL c. 140, § 137A, by first applying for a kennel license with the Town Clerk. A copy of a special permit from the Zoning Board of Appeals must be included or such application shall be denied. Upon review of the application the Animal Control Officer shall inspect the proposed facility for compliance with all applicable Massachusetts General Laws prior to the issuance of a kennel license and anytime thereafter, should the license issue.

B. Any person who receives a kennel license shall comply with the confinement and other provisions of MGL c. 140, § 174E.

C. The licensing authority of the Town of Lunenburg shall issue a kennel license without charge to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering.

D. Petitions or complaints against any kennel may be filed in accordance with MGL c. 140, § 137C.

E. Any person who violates the provisions of this bylaw shall be subject to Chapter 1, Article I, § 1-3; provided, however, that the Town may pursue enforcement and collect such fines or penalties as may otherwise be authorized by law.