[Adopted 6-4-2013 (Art.
72 of the 2011 General By-Laws)]
A.
Pursuant to the terms of Massachusetts General Laws, Chapter 140,
Sections 173 and 173A, this article supplements the provisions of
Massachusetts General Laws, Chapter 140, Section 137 through 174E,
inclusive. Those statutes should be reviewed in order to obtain a
complete understanding of the enforcement provisions for dogs within
the Town, especially with respect to dangerous and nuisance dogs.
B.
This article shall not apply to any dog that has been trained as
a police dog, is under the custody, care or control of a law enforcement
agent or officer, and was acting in its official capacity as a police
dog at the direction or command of a law enforcement agent or officer.
A.
ANIMAL CONTROL OFFICER
ANIMAL SHELTER
AT LARGE
DESIGNATED ANIMAL SHELTER
DOG HEARING OFFICER
KEEPER
OWNER
UNDER RESTRAINT
As used in this article of the General By-Laws, the terms below shall
have the following definitions:
The person, and any assistants thereto, who is appointed
by the Select Board pursuant to Massachusetts General Laws, Chapter
140, Section 151(a).
Any facility that is operated, in accordance with Massachusetts
General Laws, Chapter 140, Section 139A, for the purpose of protecting
animals from cruelty, neglect and abuse.
A dog that is not under restraint and is upon public property,
other than a designated Dog Park, or upon private property without
the permission of the owner thereof.
Any animal shelter that has been designated by the Select
Board for the boarding and caring of dogs that have been impounded
by order of the Animal Control Officer or the Dog Hearing Officer.
The police officer who is designated by the Select Board, upon recommendation by the Police Chief, to hear and adjudicate matters that relate to dogs that arise under Article I of this chapter and this article. Additionally, such person shall be the "hearing authority" for the purposes of nuisance and dangerous dog violations under Massachusetts General Laws, Chapter 140, Sections 137 through 174D, inclusive.
Any person, business, corporation, entity or society, other
than the Owner, harboring or having in such person's possession any
dog.
Any person, group of persons (including, individually, any
member of such a group), corporation or other legal entity that owns,
keeps harbors or otherwise maintains long term control of a dog or
dogs.
A dog that is leashed, or at heel and obedient to the commands
of a competent person, or within a vehicle and incapable of escaping
from the same.
B.
Any terms that have not been defined specifically herein shall have
their normal English meanings unless the context indicates otherwise.
Every violation of this section shall result in the imposition of a fine of $50, with each day of a continuing violation constituting a separate fineable offense, and which may be issued by the Animal Control Officer and any Police Officer of the Town; provided, that no such fine shall be imposed whenever the violation results in the referral of the matter to the Dog Hearing Officer for a review of whether additional restrictions should be placed upon a dog or property. All such fines shall be subject to the non-criminal disposition procedures as provided in Chapter 60, Article I, of these General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D, and all such fines shall be remitted to the General Fund of the Town. For any violation that is to be referred to the Dog Hearing Officer and that involved a dog that was under the custody or control of a Keeper at the time of the violation, the Animal Control Officer shall ensure that the name and address of that Keeper is obtained.
A.
Control of location of dogs.
(1)
No Owner or Keeper of a dog shall suffer or allow it to be at large
within the geographic borders of the Town. Furthermore, no Owner or
Keeper of a dog shall suffer or allow it, when it is under restraint,
to be on private property without the permission of the owner thereof,
or upon any public or private property or in any public or private
building when it is otherwise prohibited by law. Finally, no Owner
or Keeper of a dog shall suffer or allow it to be off any premises
at which, or outside of any structure or secured enclosure in which,
it has been quarantined as permitted or required by law.
(2)
Whenever a dog, which is unlicensed or otherwise lacks a collar or harness and identifying tag, is found at large, it shall be subject to the provisions of Massachusetts General Laws, Chapter 140, Sections 151A, 152 and 153. Every instance in which a licensed and tagged dog is found at large may result, in the discretion of the Animal Control Officer, in the impoundment of the dog pursuant to § 134-18 of this article. After the third occasion in a twelve-month period that a licensed and tagged dog is at large, the matter shall be referred to the Dog Hearing Officer for a hearing pursuant to § 134-19 to determine whether additional restrictions should be placed upon the dog or any property.
B.
Identifying tag. Every Owner and Keeper of a dog shall ensure that said dog, prior to leaving the property of said Owner or Keeper, is wearing a collar or harness to which is attached an identifying tag that was obtained by the Owner of said dog from the Town Clerk during the licensing process that is provided in Article I of this chapter, or that was issued by another municipality of the Commonwealth of Massachusetts or any jurisdiction of another state.
C.
Dog waste. No Owner or Keeper of a dog shall suffer or allow it to
defecate upon any public ways, sidewalks or other public property,
unless said Owner or Keeper immediately shall remove the feces. Furthermore,
no Owner or Keeper of a dog shall suffer or allow it to urinate or
defecate upon any private property, nor shall said Owner or Keeper
leave any dog feces upon private property, without the permission
of the owner of said private property. The provisions of this subsection
shall not apply to any legally blind person who is accompanied by
a guide dog. Nothing in this subsection shall be construed to permit
a dog to be on any public or private property when it is otherwise
prohibited by law.
D.
Violent behavior. Any violent behavior of a dog that may cause it
to be deemed a Dangerous Dog, as that term is defined in Massachusetts
General Laws, Chapter 140, Section 137, should be reported to the
Dog Hearing Officer as provided in Section 157(a) of said Chapter.
E.
Training for dog fighting. No Owner or Keeper shall train, or suffer or allow another person to train, a dog to fight or attack other dogs for sport, nor shall any dog be brought into Town that has been so trained; provided, that this subsection shall not apply with respect to any dog that is trained solely to defend persons or property, including, without limitation, pursuant to the provisions of 330 CMR 20.00 or any other statute, rule, regulation or agency order. Every violation of this subsection may result, in the discretion of the Animal Control Officer, in the impoundment of the dog pursuant to § 134-18 of this article, and shall result in the referral of the matter to the Dog Hearing Officer for a hearing pursuant to § 134-19 of the same to determine whether additional restrictions should be placed upon the dog or any property.
F.
Excessive noise. Any excessive noise or other behavior of a dog that
may cause it to be deemed a Nuisance Dog, as that term is defined
in Massachusetts General Laws, Chapter 140, Section 137, should be
reported to the Dog Hearing Officer as provided in Section 157(a)
of said Chapter.
G.
Improper living conditions.
(1)
No Owner or Keeper of an individually licensed dog shall suffer or allow it to be kept in improper living conditions, including, without limitation, with respect to sanitary, food, water and shelter conditions, such that a nuisance is created that disturbs or annoys any person that resides in the neighborhood in which the dog is kept; provided, that any such nuisance must be either substantiated by a video recording or photograph, or witnessed by a person who is authorized to enforce this subsection. After the third such violation at any given property in a twelve-month period, the matter shall be referred by the Animal Control Officer to the Dog Hearing Officer for a hearing pursuant to § 134-19 of this article to determine whether additional restrictions should be placed upon the property or the dogs that are kept thereat.
(2)
Any nuisances that are created by a kennel should be brought to the
attention of the Select Board in the manner that is provided in Massachusetts
General Laws, Chapter 140, Section 137C.
H.
Dog Hearing Officer restrictions. No Owner or Keeper of a dog shall violate, or suffer or allow it to violate, any written decision or order of the Dog Hearing Officer placing restrictions upon said dog or any particular property pursuant to § 134-19 of this article. Every violation of this subsection may result, in the discretion of the Animal Control Officer, in the impoundment of the dog pursuant to § 134-18 of this article, and shall result in the referral of the matter to the Dog Hearing Officer for a hearing pursuant to § 134-19 of the same to determine whether additional restrictions should be placed upon the dog or any property.
I.
Interference with Animal Control Officer. No person shall hinder
or interfere with the official duties of the Animal Control Officer,
make a false report to the Animal Control Officer, or release any
dog from the custody or control of the Animal Control Officer without
the permission of the same.
J.
Abandonment. No Owner or Keeper of a dog shall abandon it. If the Owner or Keeper is a person, a dog shall be considered to be abandoned if the structure, enclosure or location at which it is confined or restrained is not located within 200 feet of the residence of that person, or if no one visits and provides care for the same at least once every 24 hours. If the Owner or Keeper is a business or organization that provides on-premise services to or for dogs, a dog shall be considered to be abandoned if such Owner or Keeper does not have staff visit, at least once every 24 hours, the location at which the dog is kept and provide care for the same. If the Owner or Keeper is a business that keeps a dog at the location of the business for security purposes, the dog shall be considered to be abandoned if the Owner or Keeper does not have staff visit, at least once every 24 hours, the location at which the dog is kept and provide care for the same; provided, that any such business also must provide notice to the Animal Control Officer of this security use, including the license number of the dog and the location at which it is kept, and must update this information whenever it changes. Nothing in this subsection shall preclude the applicability of any additional requirements with respect to guard dogs that may be imposed by 330 CMR 20.00 or any other relevant statutes, rules, regulations or agency orders. A dog shall not be considered to be abandoned if it is left for adoption at an Animal Shelter, during the business hours of the same, in accordance with that Animal Shelter's procedures for such a transfer of ownership. Every violation of this subsection may result, in the discretion of the Animal Control Officer, in the impoundment of the dog pursuant to § 134-18 of this article. After the third occasion in a twelve-month period that a dog is abandoned, the matter shall be referred to the Dog Hearing Officer for a hearing pursuant to § 134-19 to determine whether additional restrictions should be placed upon the dog or any property.
Dogs that are impounded by the Animal Control Officer as permitted by § 134-17 of this article shall be held in a humane manner in accordance with the provisions of this section.
A.
Notification of impoundment. Immediately upon impounding any dog, the Animal Control Officer shall make every reasonable effort to notify an Owner of the impounded dog of this impoundment, whether in person or through posting a notice of the same upon the door of the property of the Owner, or through posting a notice of the same on the website of the Animal Control Department if the dog has not been licensed pursuant to Article I of this chapter and the Owner is unknown; provided, that if the dog has been licensed in another municipality of the Commonwealth of Massachusetts, or in another jurisdiction, then the Animal Control Officer shall notify the dog enforcement officials in that locality in order to obtain the Owner's information and thereafter deliver to said Owner the notice of impoundment.
B.
Claiming ownership of impounded dog. Any dog that is impounded shall
be so impounded for a period of seven days, during which time an Owner
or Keeper shall be entitled to lay claim to ownership of the dog;
provided, that this period may be extended at the discretion of the
Animal Control Officer if the Owner is known but could not be notified
of the impoundment during the initial seven days; further provided,
that a Keeper may not lay claim to ownership of a dog unless he or
she provides written authorization to do so from the Owner of the
same. At the conclusion of that period, or any extension thereof,
if no such claim of ownership has occurred, the Animal Control Officer
shall either humanely destroy the dog in the manner that is prescribed
by statute, or transfer title of the dog to either the Designated
Animal Shelter or a new, responsible and suitable Owner. Upon such
transfer, the Town shall no longer have any responsibility, financial
or otherwise, towards the boarding or care of the dog. If an Owner
or Keeper lays claim to the ownership of a dog, it shall be released
to that Owner's or Keeper's custody and control; provided that, if
the dog was impounded for a violation that requires a referral to
the Dog Hearing Officer for a hearing, then, during the time in which
the matter is under the review of the Dog Hearing Officer, the dog
in question shall continue to be impounded.
C.
Conditions for release of claimed dog. Prior to the release of a dog from impoundment, the Owner or Keeper that has laid claim to ownership of the same shall pay to the Designated Animal Shelter the actual cost of said impoundment, and to the Town a per day administrative fee, as provided in § 134-10 of Article I of this chapter; provided that, if the Town has paid the impoundment cost to the Designated Animal Shelter, then the Owner shall reimburse the Town for the same. No dog that has not been licensed pursuant to Article I of this chapter, or by another municipality of the Commonwealth of Massachusetts or in another state jurisdiction, shall be released from impoundment, until and unless it has been so licensed by its Owner. The provisions of this subsection shall apply regardless of whether the basis for which the impoundment occurred is upheld. The provisions of this subsection also shall apply with respect to any dog that is quarantined at the Designated Animal Shelter.
The Dog Hearing Officer shall conduct a hearing with regard to every violation of this article of the General By-Laws that is referred by the Animal Control Officer. Each such hearing shall occur within 30 days of said referral; provided, that any hearing with respect to an impounded dog must occur within seven days of the date on which a claim of ownership is made in accordance with the provisions of § 134-18B, unless the Owner requests a postponement of the hearing; further provided, that if no such claim of ownership is timely made, then the referral to the Dog Hearing Officer shall be considered to be rescinded, and the status of the dog shall be determined by the Animal Control Officer in accordance with the provisions of § 134-18B. The Dog Hearing Officer shall not accept any complaints from members of the public regarding any violations of this article of the General By-Laws, and shall refer any such complaints to the Animal Control Officer for an initial review and determination of whether a violation has occurred.
A.
Notice of hearing. In the case of a violation that involves a particular
dog, notice of the hearing shall be delivered to the Owner of the
same, to every complainant, if any, and to the Keeper that had custody
or control of the dog at the time of the violation, if applicable.
In the case of a violation that involves a particular property, notice
of the hearing shall be delivered to that property, to each abutter
of that property and to every complainant, if any, that is not an
abutter; if that property belongs to, or is rented by, a Keeper, it
shall be that Keeper's responsibility to notify any relevant Owner
of the hearing. In the case of a violation of a prior decision of
the Dog Hearing Officer, notice of the hearing shall be delivered
to the same parties to which were delivered copies of that decision.
B.
Powers of the Dog Hearing Officer. The Dog Hearing Officer may request
that any other persons attend the hearing if their testimony would
be useful in adjudicating the matter; provided, that the Dog Hearing
Officer shall not have the authority to subpoena any testimony or
documents. All testimony that is made before the Dog Hearing Officer
shall be under the pains and penalties of perjury. The Dog Hearing
Office may, in his sole discretion and after being given permission
by the owner or lessee of a particular property, conduct a site visit
of said property. The Dog Hearing Officer may dismiss the matter or
uphold the finding that a violation has occurred. If a determination
is made that a violation did occur, the Dog Hearing Officer may impose
reasonable additional restrictions upon the dog and/or any property
at which the dog is kept or the violation occurred. Such restrictions
may include, without limitation, the continuous restraint of a dog
at a particular property or in a particular locked structure, kennel
or other enclosure; the continuous muzzling and/or leashing of a dog
while it is off of a particular property; the prohibition of a dog
from being on, or within a certain distance of, any particular public
or private property; the spaying or neutering of a dog; the microchip
identification of a dog; the placing of certain structures, fencing
or soundproofing upon a property; restricting the age of anyone that
is in control of a dog while it is off of a particular property; or
restricting the ability to sell, trade or give away a dog.
C.
Notice of decision. Within 10 days of the conclusion of a hearing,
the written decision of the Dog Hearing Officer shall be filed with
the Town Clerk and the Animal Control Officer, with copies of the
same being delivered to every party that was delivered a notice of
the hearing; if the decision of the Dog Hearing Officer effects a
particular property, copies of the written decision also shall be
delivered to that property and to every abutter of that property,
if they would not otherwise receive such copies. The decision of the
Dog Hearing Officer shall be final.
The provisions of this article are severable. If any court of
competent jurisdiction determines that any such provision is in violation
of the laws, constitutions or regulations of the Commonwealth of Massachusetts
or the United State of America, the remaining provisions shall not
be affected thereby and shall continue in full force and effect.
