[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:
A. 
First offense within calendar year: $25.
B. 
Second or subsequent offense within calendar year: $50.
[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, the Animal Control Officer 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 the Animal Control Officer's 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 the Animal Control Officer's 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 the person's 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.
F. 
Severability. The provisions of this section are severable and if any of the provisions of this section shall be held to be 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.[1]
[1]
Editor's Note: Original § 1-3-206, which immediately followed this section and contained the text of MGL c. 140, § 147A, was removed from this chapter as it did not constitute a bylaw of the Town. For the Town's acceptance of MGL c. 140, § 147A, see now Ch. A271, General Laws and Special Acts.
[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; 5-6-2024 ATM by Art. 33]
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 $20 for a spayed or neutered dog or upon the payment of a license fee of $25 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 the owner's or keeper's 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 the Clerk's 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:
A. 
First offense in calendar year: $25.
B. 
Second or subsequent offense within calendar year: $50.
[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:
A. 
First offense: $25.
B. 
Second or subsequent offense: $50.