[Adopted 5-5-1986 ATM by Art. 54;
amended in its entirety 5-3-2004 ATM by Art. 26,
approved 5-28-2004 (Bylaw 47)]
These regulations are intended to guide those persons owning or keeping
dogs within the Town of Orange in their role as responsible pet owners. Although
it is hoped these regulations will act as an educational tool, it must also
be understood that enforcement of same is necessary to protect the rights
and safety of the public.
[Amended 5-2-2005 ATM, Art. 11, approved 8-4-2005]
No person owning or having the care, custody or control of any dog shall
permit such dog to soil or defile or commit any nuisance upon any sidewalk,
street, thoroughfare, beach or wetland, in or upon any public property, or
in or upon the property of persons other than the owner or persons having
the care, custody or control of such dog, unless said person picks up any
such waste and disposes of same in a sanitary manner. Disposal in a storm
drain is not a sanitary manner. This section shall not apply to physically
handicapped persons in sole custody or control of said dog.
The Board of Selectmen, or its authorized agent, may order any dog which
said person has reason to believe is affected with a contagious disease of
a serious nature, to be quarantined or isolated for at least 10 days upon
the premises of the owner or of the person in whose charge it is found, or
in such other place as the Board of Selectmen or agent may designate. A dog,
which has been quarantined or isolated by order of the Board of Selectmen
or its agent, shall, during the continuance of such quarantine or isolation,
be deemed to be affected with a contagious disease. The owner or keeper shall
be responsible for any fees incurred for any off-premises quarantine. Whoever
knowingly breaks or authorizes or causes to be broken a quarantine so imposed,
or whoever, contrary to such order of quarantine or isolation, knowingly removes
a dog or authorizes or causes it to be removed from a building, place or enclosure
where it is quarantined or isolated, or whoever, contrary to an order or notice
of quarantine, knowingly places or causes or authorizes to be placed any other
animals within a building, place or enclosure where a dog is quarantined or
in contact therewith, or knowingly causes or authorizes to be concealed, sold,
removed or transported, a dog, knowing or having reasonable cause to believe
that it is affected with a contagious disease, or whoever knowingly authorizes
or permits such dog to go at large within the Town of Orange, shall be punished
by a fine of $100 for each offense. Any such dog found at large by the Dog
Officer, or other authorized agent of the Town, shall be captured and confined
at the expense of said owner or keeper.
[Amended 5-2-2005 ATM, Art. 11, approved 8-4-2005]
Any person guilty of a violation of this article shall be penalized
by noncriminal disposition and subject to a fine as set forth in Chapter
1,
General Provisions, Art.
I, unless otherwise specified within this regulation.
It shall be the policy of the Town of Orange to attempt to make available
for adoption those impounded dogs which have gone unclaimed and are deemed
healthy and suitable for pets. The facility holding a contract with the Town
of Orange for impound services may offer said adoption service in accordance
with MGL c.140, § 139A, acting in the capacity of a "shelter" as
defined in MGL c.140, § 136A. Alternatively, the Town may place
unclaimed dogs, suitable for adoption, with the MSPCA, Pioneer Valley Humane
Society, or other breed-specific rescue organization. The Town of Orange will
not assume financial responsibility for the upkeep and boarding of said dogs
beyond the initial required ten-day holding period.
If any person shall make a complaint in writing to the Board of Selectmen,
that a dog owned or kept in the Town of Orange is a nuisance by reason of
vicious disposition or excessive barking or other disturbance, the Board of
Selectmen shall cause to be investigated such complaint, including an examination
on oath of the complainant, and after holding a public hearing, may make such
order concerning the restraint or disposal of such dog and payment of damages
as may be deemed necessary. Within 10 days after such order the owner or keeper
of such dog may petition for relief of said order in accordance with the provisions
of MGL c.140, § 157. Any person owning or keeping a dog subject
to any order of the Board of Selectmen, who shall fail to comply with said
order of the Board of Selectmen, shall be punished by a fine of $100 for each
offense. The owner/keeper of any dog subject to an order of the Board of Selectmen
shall be responsible for any and all costs of carrying out said order. The
act of a dog in attacking or biting another dog or other animal may be made
subject of a complaint under the provisions of this section.
As used in this chapter, the following terms shall have the meanings
indicated:
AT LARGE
Free of physical restraint and permitted to wander on private property,
public property and ways at will.
LICENSE PERIOD
The time between April 1 and the following March 31, both dates inclusive.
LIVESTOCK or FOWL
Animals or fowl kept or propagated by the owner for food or as a
means of livelihood; also deer, elk cottontail rabbits and northern hares,
pheasants, quail, partridge and other birds and quadrupeds determined by the
Department of Fisheries, Wildlife and Environmental Law to be wild and kept
by, or under a permit from, said Department in proper houses or suitable enclosed
yards. Such phrase shall not include dogs, cats and other pets.
OWNER or KEEPER
Any person, firm, association or corporation owning, keeping, or
harboring a dog.