[HISTORY: Adopted by the Town of Fairhaven
as follows: Part 1 by the Annual Town Meeting 3-22-1969 by Art. 69 (Ch. XVIII of the
1934 Bylaws). Amendments noted where applicable.]
[Adopted 3-22-1969 ATM by Art. 69 (Ch. XVIII of the 1934
Bylaws)]
As used in this Article I, the following terms
mean:
The person or persons employed by the Town as its enforcement
officer and shall include any police officer or constable of said
town.
Any premises designated by action of the Town for the purpose
of impounding dogs and caring for all dogs found running at large
in violation of this Part 1.
Any person, group of persons or corporation owning or keeping
or harboring a dog or dogs.
[Amended 5-4-1996 ATM by Art.
34]
A dog shall be considered under restraint within the meaning
of this Part 1 if:
The provisions of this Part 1 shall be enforced
by the Dog Officer or Dog Officers and any police officer or constable
of said town.
The owner shall keep his/her dog under restraint
at all times.
[Amended 5-5-1987 ATM by Art. 16]
Any dog impounded hereunder may be reclaimed
as herein provided upon payment by the owner to the Dog Officer of
the sum of $4 for each day such dog is kept.[1]
A.
The owner shall confine within a building or secure
enclosure every fierce, dangerous or vicious dog and not take such
dog out of such building or secure enclosure unless such dog is securely
muzzled and upon a leash. The Dog Officer may destroy any such dog
which is found not to be so confined and without such a muzzle.
B.
The owner shall confine within a building or secure
enclosure any dog that has been impounded more than twice by the Dog
Officer and not take such dog out of such building or secure enclosure
unless such a dog is well secured by a leash. Failure to do so may
result in such dog being taken permanently.
[Amended 5-10-1978 ATM by Art. 28; 1-11-1979 STM by Art. 2; 5-4-1996 ATM by Art.
34]
Penalties for the violation of any provision of this Part 1 shall be assessed and collected in accordance with the procedure established under MGL c. 140, § 173A (Noncriminal Disposition of Complaints for Violation of Dog Control Laws); provided, however, that notwithstanding the schedule of fines provided under said law, the fine for the first violation shall be $25, and the fine for the second and each subsequent violation shall be $50, except as provided in § 87-9.
[Added 5-1-1982 ATM by Art. 10]
In addition to the dog license fee described
in MGL c. 140, § 139, a fee of $1 shall be paid to the Town
for each license issued therefor. The foregoing shall take effect
with the license period commencing April 1, 1983.
[Added 5-4-1985 ATM by Art. 41]
A person who at the commencement of a license
period (the time between April 1 and the following March 31 of any
year, both dates inclusive) becomes the owner or keeper within the
Town of Fairhaven of a dog six months old or over which is not duly
licensed and the owner or keeper of a dog when it becomes six months
old during a license period shall cause it to be registered, numbered,
described and licensed on or before June 10 of the current license
period and until the end of such license period, and the owner of
a dog so registered, numbered, described and licensed during any license
period, in order to own or keep such dog after the beginning of the
succeeding license period, shall, before the beginning thereof, cause
it to be registered, numbered, described and licensed for such period
as provided by MGL c. 140, § 137.
[Added 5-4-1985 ATM by Art. 41]
This section and preceding § 87-8 are enacted pursuant to authority of MGL c. 140, §§ 173 and 173A. Penalties for the violation of § 87-8 hereof shall be assessed and collected in accordance with the procedure established under said § 173A (Noncriminal Disposition of Complaints for Violation of Municipal Dog Control Laws); provided, however, that the fine for any violation of § 87-8 hereof, including the first offense, will be the sum of $25.
[Added 11-23-1998 STM by Art. 17; amended 6-14-2021 ATM by Art. 46]
No person owning or having custody or control
of a dog shall permit such dog to defecate on any public street or
sidewalk of the Town, including the Town wharves, or on any public
park, beach or grounds of a public building, including school grounds,
unless such person picks up the dog waste and disposes of it in a
sanitary manner, including lawful disposal as solid waste or sewage.
This section shall not apply to the visually impaired in custody or
control of a Seeing Eye dog, or to any person unable to comply with
the requirements of this section due to a physical disability. This
section may be enforced by the Dog Officer, the Board of Health Agent,
and any other person so designated by the Board of Health or the Select
Board.
[1]
Editor's Note: A regulation adopted by the Board of Health
on 7-8-2015 provided that each violation of this section shall be
punishable by a fine of $100 per offense.
[Added 5-5-2001 by Art. 6]
A.
Upon written complaint, the Police Department or Animal
Control Officer may take cognizance that a dog owned or harbored in
the Town is a nuisance by reason of excessive barking or other disturbance
or that by such barking or other disturbance is a source of annoyance
to any person. The Police Department or Animal Control Officer shall
investigate said complaint and inform the person owning or harboring
such dog in writing to abate the nuisance.
B.
If the Police Department or the Animal Control Officer
shall issue two such warnings to a person in one calendar year, the
Police Department or Animal Control Officer shall fine the person
$50 for each successive offense. It shall be in the discretion of
the Police Officer or Animal Control Officer issuing the fine to pursue
a violation of this section under criminal or noncriminal disposition.
