[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wakefield 6-1-1992 by Art. 37 as Ch. XV of the 1992 Bylaws. Amendments noted
where applicable.]
GENERAL REFERENCES
Animals — See Ch. 409.
[Amended 5-10-2018 ATM by Art. 24; 11-5-2018 RTM by Art. 17]
No person owning or keeping a dog in the Town
of Wakefield shall permit such dog to be at large in the Town of Wakefield
elsewhere than on the premises of the owner or keeper or in a public
area specifically designated by the Town Council as a "dog park."
A dog which is not upon the premises of the owner or keeper or in
a public area specifically designated by the Town Council as a "dog
park" shall be restrained by a chain or leash.
[Amended 5-10-2018 ATM by Art. 24]
Any dog found to be at large in violation of
this chapter shall be caught and humanely confined in an animal shelter
by the Animal Control Officer or other officers, who shall immediately
notify the licensed owner or keeper of said dog of the impoundment
of the animal. The owner or keeper shall have a period of 10 days
within which to recover the dog. Dogs not claimed by the owner or
keeper within 10 days may be humanely euthanized or caused to be euthanized
by the Animal Control Officer or by an agency delegated by him to
exercise that authority, unless such dog has been sold in the manner
prescribed by law. Return of the dog to the licensed owner or keeper
shall be dependent upon admission of ownership or keeping of the dog
and the assumption of responsibility by the licensed owner or keeper.
[Amended 5-10-2018 ATM by Art. 24]
The Animal Control Officer shall issue a warning or enter and prosecute a complaint against the owner or keeper of any dog taken into his custody under § 104-2 above.
In any prosecution hereunder, the presence of
such dog at large upon premises other than the premises of the owner
or keeper of such dog shall be prima facie evidence that the knowledge
and permission of the owner of such other premises was not had.
[Amended 5-10-2018 ATM by Art. 24]
An owner or keeper reclaiming a dog confined
under this chapter shall pay an administration fee of $15. In addition
thereto, the sum of $25 boarding charge per day for each day of confinement,
or any part of a day, shall be paid for the care of such dog, and
the total maximum payment for the care of such dog shall not exceed
$265.
[Amended 5-10-2018 ATM by Art. 24]
Any person violating any provision of this chapter
shall be punishable by a fine of $50 for the first offense, $200 for
the second offense and $300 for each succeeding offense. If any violation
shall be continuing, each day's violation shall be deemed a separate
violation. Complaints will be sought in the District Court in accordance
with MGL c. 140, § 173A.
Every female dog in heat shall be confined in
a building or secure enclosure in such manner that such female dog
cannot come into contact with another animal except for planned breeding.
[Amended 5-10-2018 ATM by Art. 24]
Any dog or other animal that bites a person
shall be quarantined for 10 days when ordered by the Animal Control
Officer. During quarantine, the animal so quarantined shall be securely
confined and kept from contact with any other animal. At the discretion
of the Animal Control Officer, the quarantine may be on the premises
of the owner. If the Animal Control Officer requires other confinement,
the owner shall surrender the animal for the quarantine period to
an animal shelter or shall, at his own expense, place it in a veterinary
hospital.
No police officer or other person shall kill
or cause to be killed any animal suspected of being rabid, except
after the animal has been placed in quarantine and the diagnosis of
rabies made by a licensed veterinarian. If a veterinarian diagnoses
rabies in an animal in quarantine, then the animal shall be humanely
killed and the head of such animal sent to a laboratory for pathological
examination and confirmation of diagnosis.
[Amended 5-10-2018 ATM by Art. 24]
Any Animal Control Officer shall have police
powers in the enforcement of this chapter, and no person shall interfere
with, hinder, molest or abuse any Animal Control Officer in the exercise
of such powers.
[Amended 5-10-2018 ATM by Art. 24]
Every owner issued a license in accordance with
the provisions of MGL c. 140, § 137 for any dog owned or
kept within the Town will also receive an identification tag from
the Town Clerk's office. The identification tag shall be a durable
tag stamped with an identifying number and of a particular color to
signify the specific year of issuance. Tags will be so designed that
they may be conveniently fastened to the dog's collar or harness.
Dogs must wear identification tags at all times when the animal is
off the premises of the owner. The Animal Control Officer shall maintain
a record of the identifying numbers and shall make this record available
to the public.
[Amended 5-10-2018 ATM by Art. 24]
No owner shall fail to exercise proper care
and control of his animals to prevent them from becoming a public
nuisance. Excessive or untimely barking, molesting passersby, chasing
vehicles, biting or habitually attacking people or other domestic
animals, trespassing upon school grounds or trespassing upon private
property in such manner as to damage property shall be deemed a nuisance.
[Amended 4-3-2006 ATM
by Art. 23; 11-6-2017 RTM by Art.
6; 5-10-2018 ATM
by Art. 24]
All dogs within the Town must be licensed on or before January
1 of each license period in accordance with the requirements of MGL
c. 140, § 137, as the same may from time to time be amended.
The license period shall be from January 1 to the following December
31. Any owner or keeper of a dog who shall fail to comply with the
provisions of this section by April 1 in any year shall be subject
to a late fee. The fees for the licensing of dogs shall be as follows:
[Added 5-6-1993 ATM by Art. 22]
A.
It is unlawful for the owner or person having custody
of any animal to permit, either willfully or through failure to exercise
due care or control of such animal, any animal to excrete any solid
waste upon any public sidewalk, public street or public park immediately
abutting any body of water in the Town.
B.
Provided, further, that no violation of this section
shall occur if the owner or person having custody of the offending
animal promptly and voluntarily removes the animal waste.
If any part of this chapter shall be held invalid,
such part shall be deemed severable, and the invalidity thereof shall
not affect the remaining parts of this chapter. No provision or interpretation
of a provision of this chapter is intended to be either in conflict
with, or an attempt to change, any statutory provision in MGL c. 140
pertaining to dogs.
Terms used in this chapter shall have the same
meanings given them by MGL c. 140, § 136A.
[1]
Editor's Note: This article also repealed former § 104-17,
Removal of wildlife from private property; charges, which immediately
followed this section.
