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3 - Animals and Fowl
Section 3-1 Removal of Animal Litter If any animal shall defecate upon any property or area, as hereinafter defined, then the owner, keeper and person then walking or otherwise in charge of said animal shall immediately remove or cause to be removed from said property or area all feces so deposited by said animal. Unless said feces are removed, the owner, keeper and the person then walking or otherwise in charge of said animal (or if owner, keeper or person shall be under the age of 18, then the parent or guardian) shall be deemed to have committed a punishable offense. As used in this section, the following terms shall have the meaning indicated: Property or Area - Any public property or the common areas of any privately-owned property or any private property owned or occupied by any person or persons who are not members of the family of the owner or keeper of or the person then walking or otherwise in charge of the animal. The provisions of this bylaw shall not apply to a guide animal, hearing animal or service animal while actually engaged in the performance of its trained duties with a disabled person. The commission of any offence punishable under this section shall be punishable by a fine of Fifty (50) dollars.
Section 3-2 Dogs Required to be Leashed Dog owners, keepers and persons otherwise in charge are required to physically restrain their dogs by leash when they are not on the owners property. Hunting dogs when being used for hunting or training shall be exempt. This section shall not apply to property owned and/or controlled by the Commonwealth of Massachusetts where a separate set of rules and regulations apply. Whoever being the owner, keeper or person in charge of said dog(s) fails to keep their dog(s) physically restrained by leash shall be punishable by a fine of Fifty (50) dollars for each individual dog in each individual offense.
Section 3-3 Muzzling Dogs Any owner, keeper or person in charge of a dog may be ordered to muzzle said dog by a duly appointed animal control officer and, in his/her absence, by a police officer for either of the following reasons: (a) for having bitten, injured or physically molested any person, or (b) for having physically injured any domestic animal. This order shall remain in effect until removed by the officer after having been satisfied that the dog is unlikely to repeat its offense. Such decision by the officer to remove the said order shall not be unreasonably withheld.
SECTION 3-4 IMPOUNDING, RELEASE AND DISPOSITION OF DOGS Animal control officers or, in their absence, police officers may cause a dog to be impounded for any of the following causes: (a) if found without a license when a license is required, (b) if found unrestrained as set forth in Section 3-2 of this chapter, (c) for violation of a muzzling order as provided for in Section 3-3 of this section or as provided under MGL Chapter 140 Section 167, as amended, (d) for having bitten, injured or physically molested any person, (e) for having physically injured any domestic animal, (f) to restore peace when the owner or keeper of a dog is otherwise unavailable, unwilling, or physically unable to restrain his/her dog from causing a nuisance by continuous barking or howling, or (g) to ensure the safety and well-being of the particular dog. No later than two (2) days 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 ten (10) consecutive days in the location for posting notices in the Town Hall, which notice shall describe the dog and the place and time of taking. Dogs impounded and unclaimed by the owner or keeper after such ten day period shall be disposed of in accordance with the provisions of MGL Chapter 140 Section 151A. Prior to the end of said ten day period, the owner or keeper may obtain the release of any dog impounded hereunder as follows: (a) in the case of a violation of Section 3-4(a) of this chapter, upon obtaining a license as required by law and after paying all pound fees, fines, and notifications costs, if any, or (b) a person who owns or keeps a dog, and who has received such notice that the dog has been impounded and is eligible for immediate release, and does not within ten (10) days claim said dog at the pound, shall be punished by a fine of not more than Fifty (50) dollars to cover the board and disposal of such dog. The owner or keeper shall be described as a person who has in his possession, for eleven (11) consecutive days in any calendar year, a dog licensed or unlicensed, and cannot show to the satisfaction of the animal control officer that such dog was sold, had died, was given away or otherwise disposed of. Any person who violates the provisions of Section 3-3 or Section 3-4 of this chapter shall be punished by a fine of Fifty (50) dollars. The owner or keeper of any dog who intentionally allows said dog to cause a nuisance by barking, or howling shall be punished by a fine of Fifty (50) dollars.
SECTION 3-5 LICENSE REQUIREMENTS; FEES AND EXCEPTIONS Every dog in Town must be fully licensed pursuant to the provisions of MGL Chapter 140 Sections 137 and Section 139. No license fee shall be refunded in whole or in part for any reason. Every dog kennel must be fully licensed pursuant to the provisions of MGL Chapter 140 Sections 137A. Every person seeking a dog or kennel license renewal must make proper application by April 1st, annually. Persons who renew their respective dog license(s) after June 15th will be charged a ten (10) dollar late fee charge. Whoever violates any provision of this bylaw shall be penalized by noncriminal disposition as provided in MGL Chapter 40 Section 21D. (art. 31, 5-26-92)
1. For the law of the commonwealth as to dogs generally, see G.L., c. 140, ss 136A to 174A. As to cruelty to animals, see G.L., c. 272, ss 77 et seq. As to licensing of stables, see G.L., c. 111, ss 155 to 158. As to disposition of old and inform animals, see G.L., c 133. As to keeping certain animals in tenement houses, etc., see G.L., c. 144, ss 73.