[HISTORY: Adopted by the Town Meeting of
the Town of North Reading as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-28-1966 ATM by Art. 19, approved 4-22-1966]
[Amended 10-8-1981 OTM by Art. 16, approved 3-2-1982; 10-9-1986 OTM by Art.
5, approved 11-4-1986; 10-4-1999 OTM by Art. 9, approved 12-14-1999]
A.
The annual fee for every dog license shall be in accordance
with the Town Clerk's Office fee schedule as established under authority
of MGL c. 40, § 22F. If said fee schedule specifies a lesser
fee for a neutered or spayed dog, then the certificate of a registered
veterinarian who performed an operation that such dog has been neutered
or spayed and has thereby been deprived of the power of propagation
shall be required. If the Town Clerk is satisfied that the certificate
of the veterinarian who performed such operation cannot be obtained,
he may accept in lieu thereof a statement signed under the penalties
of perjury by a veterinarian registered and practicing in the Commonwealth,
describing the dog and stating that he has examined such dog, and
that it appears to have been, and in his opinion has been, neutered
or spayed and thereby deprived of the power of propagation, or a receipt
of a bill from the veterinarian who performed such operation.
[Amended 10-4-2010 OTM by Art. 23, approved 11-17-2010]
B.
No fee shall be charged for a license for a dog specially
trained to lead or serve a blind person; provided that the Massachusetts
Commission for the Blind certifies that such dog is so trained and
actually in the service of a blind person. No fee shall be charged
for a license for a dog professionally trained in the hearing dog
business to serve a deaf person; provided that the Director of the
Office of Deafness certifies that such dog is so trained and actually
in the service of the deaf person. No license, fee, or part thereof
shall be refunded because of the subsequent death, loss, sterilization,
removal from the Commonwealth, or other disposal of any licensed dog;
nor shall any license fee or part thereof paid by mistake be paid
or recovered back after it has been paid to the Town.
[Added 10-2-1978 OTM by Art. 7, approved 12-28-1978; amended 4-4-1983 ATM by Art.
7, approved 5-5-1983; 10-9-1986 OTM by Art. 6, approved 11-4-1986; 6-6-2011 ATM by Art. 28, approved 9-13-2011]
The licensing period for dogs is January 1 through
December 31 annually. All dogs over the age of three (3) months must
be licensed by March 31. A late charge, in addition to the cost of
the license, will be assessed to all renewal dog licenses issued after
March 31, in accordance with the Town Clerk's Office fee schedule.
[Added 10-17-1977 OTM by Art. 23, approved 2-28-1978]
A.
The owner or keeper of a dog at least three (3) and
no more than six (6) months of age shall cause that dog to be vaccinated
against rabies by a veterinarian using a vaccine approved by the Department
of Public Health. Whoever violates this section shall be fined fifty
($50) dollars for each offense.
[Amended 10-2-1989 OTM by Art. 9, approved 12-7-1989]
B.
Upon vaccinating, the veterinarian shall prepare three
(3) copies of a form which shall specify the name of the owner or
keeper of the dog and the name, registered number, license number,
and description of the dog. He shall mail one copy to the Clerk of
the Town in which the dog is kept. He shall present one copy to the
owner or keeper of the dog.
[Amended 10-2-2000 ATM by Art. 4, approved 3-29-2001]
[Added 10-17-1977 OTM by Art. 23, approved 2-28-1978]
A.
As prior conditions of licensure, the owner or keeper
of the dog to be licensed shall:
(1)
Agree to control and restrain said dog from killing,
chasing, or harassing livestock or fowl;
(2)
Present written certification by a veterinarian that
said dog has been vaccinated against rabies within a time period as
established by the Board of Health, and using a vaccine approved by
the Department of Public Health; and
(3)
Cause said dog to wear around its neck or body a collar
or harness of leather or other suitable material to which he shall
securely attach the tag issued to him.
B.
The owner of any dog so licensed may add no more than
ten (10) descriptive words upon the license form to indicate the color,
breed, weight, and special markings of the dog. Substitute tags shall
be secured by the owner or keeper at a cost of one ($1) dollar in
the event any tag is lost, defaced, or destroyed.
No person shall own or keep in the Town any
dog which, by biting, excessive barking, howling, or in any other
manner, disturbs the quiet of the public.
[Amended 10-2-2000 ATM by Art. 4, approved 3-29-2001; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
If any person shall make a complaint in writing
to the Animal Control Officer that any dog owned or harbored within
his jurisdiction is a nuisance by reason of vicious disposition or
excessive barking or other disturbance, the Animal Control Officer
shall investigate such complaint, which may include an examination
under oath of the complainant, and submit a written report to the
Select Board of his findings and recommendations, together with the
written complaint. Upon receipt of such report and examination of
the complainant under oath, the Select Board may make such order concerning
the restraint, muzzling, or disposal of such dog as may be deemed
necessary. The Animal Control Officer, after investigation, may issue
an interim order that such dog be restrained or muzzled for a period
not to exceed fourteen (14) days to enable the Select Board to issue
their order following receipt of the report of the Animal Control
Officer. If the Select Board fail to act during the period of the
interim order, upon expiration of the period the interim order automatically
is vacated.
[Amended 10-2-2000 ATM by Art. 4, approved 3-29-2001]
A.
The Animal Control Officer may restrain or muzzle,
or issue an interim order to restrain or muzzle, for a period not
to exceed fourteen (14) days, any dog for any of the following reasons:
(1)
For having bitten any person;
(2)
If found at large or unmuzzled, as the case may be,
while an order for the restraint of such dog is in effect;
(3)
If found in a school, schoolyard, or public recreational
area;
(4)
For having killed or maimed or otherwise damaged any
other domesticated animal;
(5)
For chasing any vehicle upon any public way or way
open to public travel in the Town;
B.
Upon restraining or muzzling or issuing an interim
order to restrain or muzzle, the Animal Control Officer shall submit,
in writing to the Select Board, a report of his action and the reasons
therefor. Upon receipt of such report, the Select Board may make such
order concerning the restraint, muzzling, or disposal of such dog
as may be deemed necessary. If the Select Board fail to act upon the
report during the period the dog is restrained or muzzled, upon expiration
of the period the interim order is automatically vacated.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
[Amended 10-2-2000 ATM by Art. 4, approved 3-29-2001; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
The owner or keeper of any dog that has been
ordered to be restrained or muzzled or has been restrained under this
article may file a request in writing with the Animal Control Officer
that the restraining order be vacated or that the dog be released;
and after investigation by the Animal Control Officer, such Officer
may vacate such order or release such dog if the order or restraint
was imposed by him. If the order was imposed by the Select Board,
the Animal Control Officer shall submit a written report of his investigation
with his recommendations to the Select Board, who may vacate such
order.
[Amended 10-5-1987 ATM by Art. 5, approved 11-16-1987; 10-2-1989 ATM by Art.
9, approved 12-7-1989; 10-5-1998 ATM by Art. 12, approved 1-27-1999; 10-2-2000 ATM by Art. 4, approved 3-29-2001; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
Any owner or keeper of a dog who shall fail
to comply with any order of the Animal Control Officer or Select Board
issued pursuant to this article shall be punishable by a fine of twenty-five
($25) dollars for the first offense and $50 for second and subsequent
offenses.
[Added 5-3-1971 ATM by Art. 38, approved 6-11-1971]
A.
No person owning or keeping a dog in the Town of North
Reading shall allow, permit, or suffer such dog to go or run at large
in the Town without such dog being on a leash and under the control
of said owner or keeper. Reports of all violations of this section
shall be made to the Police Department, where a record of such violations
shall be kept on file. Violations of this section shall be subject
to a written warning for the first offense, a fine of twenty-five
($25) dollars for the second offense and a fine of $50 for subsequent
offenses.
[Amended 10-5-1987 ATM by Art. 6, approved 11-16-1987; 10-2-1989 ATM by Art.
9, approved 12-7-1989; 10-5-1998 ATM by Art. 12, approved 1-27-1999]
B.
Prior to the assessment of the aforementioned fine,
reported violations of this section shall be investigated and validated
by the Town's Animal Control Officer and/or the Police Department.
[Amended 10-2-2000 ATM by Art. 4, approved 3-29-2001]
C.
The Animal Control Officer and/or the Police Department
may waive prosecution under this section if, within twelve (12) months
of said warning, no addition violation of this section has been recorded
against the owner or keeper.
[Amended 10-2-2000 ATM by Art. 4, approved 3-29-2001]
[Added 10-17-1977 ATM by Art. 24, approved 2-28-1978; amended 4-23-1979 ATM by Art.
17, approved 5-18-1979; 4-4-1983 ATM by Art. 6, approved 5-5-1983; 10-2-2000 ATM by Art. 4, approved 3-29-2001]
There shall be a pickup fee of twenty-five ($25)
dollars for each dog picked up by the Animal Control Officer or his
assistant or designee and impounded for violation of any section of
Chapter 140 of the Massachusetts General Laws. All money will be paid
to the town.
[Added 10-9-1997 ATM by Art. 8, approved 1-29-1998]
A.
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 or other public area in the town. It shall
further 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
private property neither owned nor occupied by said person.
B.
No person who owns, possesses or controls such dog
shall appear with such dog on any sidewalk, street, park or other
public area without the means of removal of any feces left by such
dog. Furthermore, no person who owns, possesses or controls such dog
shall appear with such dog on any private property neither owned nor
occupied by said person without the means of removal of any feces
left by said dog.
C.
For the purposes 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 for the disposal of canine feces or
as otherwise designated as appropriate by the Board of Health.
D.
Enforcement of this section may, in the first instance,
be pursued through the provisions of Section 21D of Chapter 40 of
the General Laws, which provides for a noncriminal disposition. The
enforcing persons shall be any police officer of the Town or any animal
control officer of the Town.
E.
Reports of all violations of this section shall be
made to the Police Department, where a record of such violations shall
be kept on file. Violation of this section shall be subject to a written
warning for the first offense, a fine of twenty-five ($25) dollars
for the second offense and a fine of $50 for subsequent offenses.
[Amended 10-5-1998 ATM by Art. 12, approved 1-27-1999]
F.
This regulation shall not apply to a dog accompanying
any handicapped person who, by reason of his/her handicap, is physically
unable to comply with the requirements of this by-law or to any individual
who utilizes a guide dog.
G.
The provisions of this section are severable, and
if any of the provisions of this section shall be held unconstitutional
or otherwise invalid by any court of competent jurisdiction, the decision
of such court shall not affect or impair any of the remaining provisions.
[Added 6-4-2018 ATM by
Art. 35, approved 9-21-2018]
A.
The term
"kennel" shall include all those as specified and defined under MGL
c. 140, § 136A.
B.
The provisions
of all sections of MGL c. 140, §§ 137A through 137D
shall apply to kennels established under this by-law.
C.
Kennels
shall be allowed only to the extent permitted in accordance with the
North Reading Zoning By-laws.
D.
Kennel
licenses shall be issued annually by the Town Clerk's office after
proof has been provided to the Town Clerk's office that said kennel
has passed an annual inspection by an animal control officer in accordance
with the provisions of MGL c. 140, § 137A.
E.
The licensing
fee for each kennel shall be in accordance with the Town Clerk's fee
schedule established under authority of MGL c. 40, § 22F.
F.
Licensing
period; application for and issuance of license.
G.
Enforcement;
violations and penalties.
(1)
This by-law shall be enforceable through the non-criminal disposition process provided for under §1-5 of these by-laws. The penalty for violation shall be: first offense: warning; second offense: one hundred dollars ($100.); third offense: two hundred dollars ($200.). Each day or portion thereof during which a violation continues shall constitute a separate offense.
(2)
Failure
to apply for and obtain an annual kennel license following a third
offense shall result in suspension of the operation of the kennel
until said kennel license has been obtained.
H.
This by-law
shall be enforced by the Police Chief or his designee, or the Zoning
Enforcement Officer.
I.
The invalidity
of any portion or provision of this by-law shall not invalidate any
other portion or provision thereof.
