[Adopted 3-16-1965 TM by Art. 104]
[Added 3-10-1971 ATM by Art. 74; amended 3-12-1973 ATM by Arts. 26 and 27; 6-27-1977 STM by Art. 21; 5-2-1988 STM by Art.
9; 5-1-1989 ATM by Art. 56; 5-3-2004 ATM by Art. 55; 5-7-2007 ATM by Art. 31]
No person owning, harboring or having custody
and control of a dog shall permit such dog to be at large in the Town
of Marblehead at any time, elsewhere than on the premises of the owner
except; (1) it be on the premises of another person with the knowledge
and assent of such person, or (2) it be in a dog park established
by the Town for the specific purpose to allow dogs to run; and otherwise
the dog shall be controlled and restrained by a leash of appropriate
length. Whoever violates the provisions of this section shall pay
a fine in accordance with the following schedule:
[Amended 5-6-2013 ATM
by Art. 32]
If any dog shall bite any person and it be certified
by an examining physician to the Animal Control Officer that the skin
of such person has been broken, such dog shall thereafter be permanently
restrained by its owner or keeper, unless such injury shall have been
occasioned to the body of a person who, at the time such injury was
sustained, was committing a trespass or other tort, or was teasing,
tormenting or abusing such dog.
[Added 5-2-1983 ATM by Art. 37; amended 5-6-2013 ATM by Art. 32]
If the Animal Control Officer determines that
a female animal in heat, even when confined, is attracting other animals,
thus causing a disturbance or damage to neighboring property or public
area, he may require the owner or keeper to keep said animal, while
in heat, in a kennel, or to remove it from the area so that the nuisance
is abated.
[Added 5-7-1979 ATM by Art. 9]
A.
If any dog is at large in the Town of Marblehead in violation of § 13-5 of this By-Law, then in addition to the imposition of fines as set forth in said § 13-5, the Animal Control Officer, or his duly appointed assistants, may seek out, catch and confine any such dog. The Animal Control Officer shall confine any such dog until claimed by the owner and the owner pays to the Animal Control Officer a penalty of $40 for each day that the dog has been held. If such penalty has not been paid and/or if the dog has not been claimed by the owner within 7 days following the commencement of such confinement, then the Animal Control Officer may dispose of any such dog in a manner consistent with the provisions in Section 151A of M.G.L. Chapter 140. During the period of such confinement the dog shall be confined in a place suitable for such detention as provided in said Section 151A. Nothing herein shall be construed to authorize the Animal Control Officer, or his assistants, to enter upon private property to seek out or catch any dog, except with the consent of the owner of such private property.
[Added 5-2-1988 STM by Art. 9; amended 5-6-2013 ATM by Art. 32]
B.
All dogs lawfully confined by the Dog Officer shall
not be released to the owner until an administrative fee of $10 is
paid in addition to the sum allowed for the daily care of such dog.
[Added 5-7-1986 ATM by Art. 103]
A.
Duty to dispose. It shall be the duty of each person
who owns, possesses or controls a dog to remove and dispose of any
feces left by his/her dog on any sidewalk, street, park, public area
or any private property of another.
B.
Duty to possess means of removal. No person who owns,
possesses or controls such dog shall appear with such dog on any sidewalk,
street, park, public area or private property of another without the
means of removal of any feces left by such dog.
C.
Method of removal and disposal. For the purpose of
this regulation the means of removal shall be any tool, implement
or other device carried for the purpose of picking up and containing
such feces, unexposed to said person or the public. Disposal shall
be accomplished by transporting such feces to a place suitable and
regularly reserved for the disposal of human feces or specifically
reserved for such disposal of canine feces, and so disposing of said
feces.
D.
Fines for violation. Fines for violations of this
section shall be $50 for each offense.
E.
Exemption. This By-Law shall not apply to a guide
dog accompanying any handicapped person.
[Added 5-1-1989 ATM by Art. 52; amended 5-7-1990 ATM by Art. 18; 5-7-2001 ATM by Art. 32; 5-3-2004 ATM by Art. 54; 5-1-2006 ATM by Art. 40; 5-3-2010 ATM
by Art. 45; 5-6-2013 ATM
by Art. 32]
A.
License
and registration required. All dogs kept, harbored, or maintained
by their owner or keepers in the Town of Marblehead shall be licensed
and registered if over six months of age. Dog licenses shall be issued
by the Town Clerk upon the payment of a license fee of $15 for a spayed
or neutered dog or upon the payment of a license fee of $20 for an
intact dog. The owner or keeper shall state at the time application
is made for such license and upon printed forms provided for such
purpose his or her name and address, and the name, breed, color and
sex of each dog owned or kept by the applicant. For a spayed or neutered
dog, a veterinarian’s certificate shall be provided to the Town
Clerk upon application for a license as proof that the dog is spayed
or neutered; provided, however, that the Town Clerk, in his or her
discretion, may accept such alternative forms of proof as are specified
in Section 139 of M.G.L. Chapter 140, where a veterinarian’s
certificate cannot be obtained.
B.
Certificate of vaccination. No dog license shall be issued hereunder unless the Town Clerk is presented with a veterinarian’s certification that the dog has been vaccinated in accordance with § 13-15 of this By-Law. Notwithstanding the foregoing, a license shall be issued for any dog transferred from another municipality with the Commonwealth upon presentation to the Town Clerk of the original license and tag of such dog and payment of the license fee required by this § 13-10.
C.
Tag and
collar. Upon the payment of the license fee, the Clerk shall issue
to the applicant a license certificate and tag for each dog so licensed.
At the option of the Town Clerk, the shape of the tag may be changed
every year. The tag shall have stamped thereon the name of the Town,
the year for which it was issued and the number corresponding with
the number on the certificate. Every owner or keeper shall be required
to provide each dog with a collar to which the license tag shall be
affixed, and shall see that the collar and tag are constantly worn.
Dog tags shall not be transferable from one dog to another and no
refunds shall be made on any dog license fee because of death of the
dog or the owner's leaving the Town before the expiration of the license
period.
D.
Licensing
period. The licensing period shall be from January 1 to December 31
of each calendar year.
E.
Penalty. Whosoever violates any of the provisions of § 13-10 this By-Law shall be punished by a fine of $50 for each offense. Each 30 days that such violation is permitted shall constitute a separate offense.
F.
Applicability
of other laws. Notwithstanding the provisions of this By-Law, all
other provisions of General Laws Chapter 140, Sections 136A through
174E not inconsistent with this By-Law shall be applicable.
[Added 5-4-1992 ATM by Art. 51;
amended 5-1-2006 ATM by Art. 39; 5-7-2007 ATM by Art. 31]
No person owning, harboring or having custody
or control of a dog shall permit such dog to be on any public cemetery
of the Town at any time throughout the year, nor shall such person
permit such dog to be on any public beach, athletic area, playground
or park of the Town between May 1 and October 1 of each year, provided,
however, that this prohibition shall not apply to Chandler Hovey Park,
Crocker Park, Fort Sewall, Fountain Park, Upper Seaside Park, Riverhead
Beach or the Town designated Dog Park. Whoever violates the provisions
of this section shall pay a fine in accordance with the following
schedule:
[Added 5-3-1993 ATM by Art. 36]
No person owning, harboring or having custody
and control of a dog shall permit excessive barking on the part of
the dog. Whoever violates any provision of this By-Law shall pay a
fine in accordance with the following schedule:
