[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:
- DOG OFFICER
- The person or persons employed by the Town as its enforcement officer and shall include any police officer or constable of said town.
- DOG POUND
- 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.
- RESTRAINT[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.
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.
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]
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 Board of Selectmen.
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]
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.
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.