[HISTORY: Adopted by the Town of Medfield as indicated in
Article histories. Amendments noted where applicable.]
[Adopted ATM 4-26-1999 (Art. IV, Sec. 30, of the 1926 Bylaws)]
An owner or keeper of a dog shall remove the dog's feces when
the dog defecates on public property or private property of others.
Fines for violations of this Bylaw within each calendar year
shall be $25 for the first offense, $50 for the second offense, and
$100 for the third and subsequent offenses.
[Adopted ATM 4-30-1991; amended ATM 4-30-2007 (Art. VII of the 1926 Bylaws)]
A.
Every dog over the age of six months owned or kept within the Town
must be licensed annually by the owner or keeper prior to April 1
for the 12-month period beginning April 1. Any person who fails to
license his or her dog prior to April 1 shall pay a late fee of $25
in addition to the license fee. The fine for owning or keeping an
unlicensed dog shall be $100 for each year that the dog is unlicensed.
[Amended 4-28-2014 ATM
by Art. 32]
B.
The failure of the Town Clerk to send an individual notice or reminder,
or of an owner or keeper to receive the same, shall not relieve the
owner or keeper of his or her obligations under this Bylaw.
A.
The Board of Selectmen shall appoint an Animal Control Officer. It
shall be the duty of the Animal Control Officer to cause dogs to be
impounded for any of the following causes:
(1)
If found without a license when a license is required by law;
(2)
If found at large;
(3)
For having bitten or injured or physically molested any person;
(4)
For having bitten or injured any domestic animal;
(5)
For chasing any vehicle (including bicycles) on a public way or way
open to public traffic in the Town;
(6)
For repeatedly causing a nuisance such as, but not limited to, barking,
littering, or defecating on sidewalks.
B.
C.
Not later than one day after the impounding of any dog, the owner
or keeper shall be notified, or if the owner or keeper of the dog
is unknown, or, after reasonable efforts, is not contacted, written
notice shall then be posted for 10 consecutive days on a K-9 bulletin
board on the outside of the Town Hall, describing the dog, date, place
and time of taking.
D.
Dogs impounded and unclaimed by the owner or keeper after such a
10-day period may be sold to or given to new owners (with the exception
of selling for profit or selling for research), turned over to any
existing humane society within the Town, or mercifully put to death
by a veterinarian.
Any persons owning or harboring a dog shall not suffer or allow
it to run at large in any of the streets or public ways, or places
in the Town of Medfield, or upon the premises of anyone other than
the owner or keeper, unless the owner or occupant of such premises
grants permission. No dog shall be permitted in any public place or
street within the Town of Medfield unless it is effectively restrained
by a chain or leash or is attended by a person able to properly control
its actions.
[Added 4-30-2018 ATM by Art. 38[1]]
The owner, keeper, or person otherwise in control of a dog shall
not cause or permit a dog:
B.
To be unlicensed when a license is required by law.
C.
To be without current license and rabies vaccination tags when off
the owner's property.
D.
To bite, physically injure, assault or threaten any person, without
legally recognized justification or provocation.
E.
To bite or physically injure any domestic animal, without legally
recognized justification or provocation.
F.
To chase any motorist, bicyclist, or pedestrian on any public way,
street, or sidewalk or in any public place.
G.
To be off the property where the dog resides, if subject to a confinement
order.
H.
To be off the property where the dog resides, unmuzzled, if subject
to a muzzle order.
I.
To disturb the peace and quiet enjoyment of any residential neighborhood
by continuous or repeated barking, yelping, howling, or whining, without
legal justification.
[Added 4-30-2018 ATM by Art. 38[1]]
A.
The Board of Selectmen may order a dog confined to the premises where
it resides or to other premises or to be muzzled when off said premises
if the Board finds, after a public hearing, that the dog has:
(1)
Bitten, physically injured or assaulted any person without legally
recognized justification or provocation.
(2)
Bitten or physically injured any domestic animal without legally
recognized justification or provocation.
(3)
Chased any motorist, bicyclist or pedestrian on any public way, street,
or sidewalk or any public place on at least two occasions.
B.
Said order may be in addition to or in lieu of any fine authorized by § 100-8. Nothing in this section shall preclude the Board of Selectmen from utilizing the procedure contained in MGL c. 140, § 57, as amended by Chapter 193 of the Legislative Acts of 2012, to determine that a dog is a nuisance dog or a dangerous dog and from employing one or another of the remedies specified in that statute.
[Added 4-30-2018 ATM by Art. 38[1]]
[Added 4-30-2018 ATM
by Art. 38]
The provisions of this Article are intended to be in addition to and not in lieu of those contained in MGL c. 140, § 136A et seq., as amended by Chapter 193 of Legislative Acts of 2012; nothing contained in this Article shall deprive the Town from employing the remedies provided in those sections, including but not limited to disposition of a dog found to be a dangerous dog or nuisance dog, as provided in MGL c. 140, § 157, as amended. To the maximum extent possible, the provisions of this Article shall be deemed to be consistent with and/or supplementing those contained in MGL c. 140, as provided in MGL c. 140, §§ 173 and 173A, as amended, and by renumbering the two existing subsequent sections, § 100-7, Definitions, and § 100-8, License fees, as §§ 100-10 and 100-11, respectively, and to authorize the Town Clerk to renumber, re-letter, and/or take any other action necessary to reformat this new Bylaw to fit within the Code of the Town of Medfield.
As used in this Bylaw, the following terms shall have the meanings
indicated:
A dog which is unaccompanied by a person able to properly
control its actions or unrestrained by a leash or chain.