[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Article XVII, Secs. 1 through
8, 11 and 12, of the 1973 General Bylaws, as updated through 2002]
The annual fee for every dog license, except
as otherwise provided by law, shall be $20 for a dog unless a certificate
of a registered veterinarian who performed the operation that such
dog has been spayed/neutered and has thereby been deprived of the
power of propagation, has been shown to the Town Clerk in which case
the fee shall be $15. A certified copy of such certification on file
in the office of any City or Town Clerk within the Commonwealth may
be accepted as evidence that such operation has been performed. If
the Town Clerk is satisfied that the certification by the veterinarian
who spayed/neutered the dog cannot be obtained, he may accept in lieu
thereof, a statement under the penalties of perjury by a veterinarian
registered and practicing in the Commonwealth, describing the dog
and stating that he has examined such dog and in his opinion, the
dog is not capable of propagation by reason of spaying/neutering.
Until the veterinarian has examined the dog in question, license fee
for that licensing period shall be at the fifteen-dollar rate. When
applying for a license, the applicant must also show proof by a veterinarian
certificate, that the dog has been vaccinated against rabies within
the last two years if the dog is six months of age or over as required
by Massachusetts Laws (MGL c. 140, § 145B). No fee shall
be charged for a license for a dog specifically trained to lead or
serve a blind person; providing that the Division of the Blind certifies
that such dog is so trained and actually in the services of a blind
person. No license fee or part hereof shall be refunded because of
subsequent death, loss, spaying/neutering or removal from the Commonwealth
or other disposal of the dog. The fee for each license for a kennel
shall be $50 if no more than four dogs are kept in said kennel, $100
if more than four, but not more than 10 dogs are kept therein, and
$200 if more than 10 dogs are kept therein, provided for the purpose
of determining the amount of such fee for any kennel, dogs under the
age of six months, shall not be counted in the number of the dogs
kept therein. The Animal Control Officer shall inspect all kennels
licensed under the provisions of MGL c. 140, § 137A, in
accordance with the provisions of MGL c. 140, § 137C, at
least once every six months. "License period" shall be the time between
January first and the following December first, both dates inclusive.
A dog or cat's vaccination tag shall be secured by the owner or keeper
of such dog or cat to a collar or harness made of suitable material
to be worn by the dog or cat at all times.
No person shall own or keep in the Town any
dog which the biting, excessive barking, howling or in any other manner
disturbs the quiet of the public.
[Amended 10-21-2019 FATM, Art. 20]
If any person shall make a complaint first in
writing to the Animal Control Officer that any dog owned or harbored
within his jurisdiction is a nuisance by reason of vicious disposition
or excessive barking or of other disturbance, the Animal Control Officer
shall investigate such complaint which may include an examination
under oath of the complainant, submit a written report to the Select Board
members of his findings and recommendations, together with the written
complaint. Upon receipt of such report and examination of the complaint
and the owner of the dog, under oath, the Select Board members after
hearing of which time the owner of the dog will be given due notice
to appear, may make such order concerning the restraint, muzzling,
disposal of such dog, dismissal of the complaint or such other action
as may be deemed necessary. The Animal Control Officer, after investigation,
may issue an interim order that such dog be restrained or muzzled
for a period not to exceed 14 days to enable the Select Board members
to issue their order following the receipt of the report of the Animal
Control Officer. If the Select Board members fail to act during the
period or interim order, upon expiration of the period the interim
order is automatically vacated.
A.
The Animal Control Officer may restrain or muzzle
or issue an interim order to restrain or muzzle, for a period not
to exceed 14 days, any dog for any of the following reasons:
(1)
For having bitten or threatened (worried) any person,
(2)
If found at large or unmuzzled, as the case may be,
while an order for the restraint of such dog is in effect,
(3)
If found in a school, schoolyard or other recreational
area,
(4)
For having killed or maimed or otherwise damaged any
domesticated animal,
(5)
For chasing any vehicle (including bicycles), upon
any public way or way open to the public travel in the Town,
B.
All of the above subject to penalties or fines. Upon
restraining or muzzling or issuing an interim order to restrain or
muzzle, the Animal Control Officer shall submit in writing to the
Select Board members, a report of his action and the reasons therefore.
Upon receipt of such report, the Select Board members may make such
order concerning the restraint, muzzling or disposal of such dog as
may be deemed necessary. If the Select Board members fail to act upon
the report during the period the dog is restrained or muzzled, upon
expiration of the period, the interim order automatically is vacated.
If the dog is ordered to be restrained or muzzled six weeks of a twelve-month
period, the Select Board members must issue a permanent order or restraint,
muzzling or disposal of said animal.
[Amended 10-21-2019 FATM, Art. 20]
The owner or keeper of any dog that has been
ordered to be restrained or muzzled or which has been restrained under
this article, may within 10 days after such order, bring a petition
in the district court addressed to the justice of the court, praying
that the order may be reviewed by the court, and after such notice
to the officer or officers involved as the court may deem necessary,
it shall review such action, hear the witnesses and affirm such order
unless shall appear that it was made without proper cause or in bad
faith, in which case such order shall be reversed. The decision of
the court shall be final and conclusive upon the parties.
[Amended 5-11-2005 SATM, Art. 58]
A.
Any person owning or harboring a dog shall not cause
or allow said dog to roam at large in any of the streets or public
ways or places within the confines of the Town of Walpole, or upon
the premises of anyone other than the owner or keeper, unless the
owner or occupant of such premises expressly grants permission.
B.
Under no circumstances shall a dog even though secured
by suitable lead be allowed on private property, unless specific permission
has been granted by the owner of said property. No dog shall be permitted
in any public place or on any public thoroughfare inclusive of the
Town owned property and properties under the authority of the Commonwealth
of Massachusetts that are situated in the Town of Walpole, unless
said dog is restrained by a chain or lead not exceeding seven feet
in length that is of suitable test for the size of the dog that is
being restrained and is attended by a person of adequate age and discretion
to properly control its actions; provided, however, that exceptions
to this requirement of a chain or lead may be authorized by permit
requested at least one month in advance of the event. The law in this
section shall not be construed to limit the use of hunting dogs during
the open hunting season, provided that the hunting season, (meaning
woods, forest, hunting range).[1] At large meaning a dog which is:
(1)
Unaccompanied by a person of adequate age and discretion
to properly control its action, and
(2)
Is unrestrained by a lead or chain of less than seven
feet that is of suitable test for the size of the dog being restrained.
[1]
Editor's Note: So in original.
[Amended 5-11-2005 SATM, Art. 59]
Any dog within the limit of the Town unlicensed
or not wearing a valid license tag, shall be impounded by the Animal
Control Officer and not released until pound fees, in accordance with
the General Laws, pickup fees, late licensing fee of $25, (if applicable),
are paid and current license is obtained from the Town Clerk. If a
dog who is six months old or older is unlicensed on March 1st in any
year, the owner/keeper shall be subject to said late fee to be collected
by the Town Clerk. The pickup fee shall be $20 with said fee to go
to the Town of Walpole unless the pound is maintained by the Dog Officer.
Any dog not claimed within 10 days will become the property of the
Town of Walpole, and will be disposed of by the Animal Control Officer
by whatever humane means are available.
If the Animal Control Officer determines that
a dog in her estrus cycle (even when confined to the property of her
owner or keeper), is attracting other dogs to the area, which condition
causes disturbance on or damage to neighboring property or public
areas, he may pick up and impound the dog for the duration of her
estrus cycle, releasing thereafter to the owner or keeper upon payment
of pickup and pound fees; or the Animal Control Officer may require
the owner or keeper to place and keep such dog, which in such cycle,
in a commercial or boarding kennel, or to remove it from the area
so that the nuisance is abated.
No dogs are allowed in any Town owned cemeteries
in the Town of Walpole or any Town owned properties so posted.
Any owner or keeper of a dog who shall fail
to comply with any of the provisions of the bylaws and laws governing
dogs, shall be fined as follows:
A.
Failure to license dogs: $25.
F.
Failure to comply with order or restraint in accordance
with MGL c. 140, § 168: $25.
G.
Failure to comply with notice to kill or confine in
accordance with MGL c. 140, § 164: $25.
H.
Failure to vaccinate cats and dogs against rabies
in accordance with MGL c. 140, § 145B: $50.
[Adopted as Article XVII, Sec. 13, of the
1973 General Bylaws, as updated through 2002[1]]
[1]
Editor's Note: This bylaw was originally adopted
10-16-2000 FATM, Art. 6.
No person shall intentionally ground feed any
wild birds such as, ducks, geese, turkeys, or any wild animal in the
Town of Walpole.
In addition to enforcement by criminal complaint
or civil suit for injunctive relief, this bylaw may also be enforced
by noncriminal complaint pursuant to the provisions of MGL c. 40,
§ 21D, Each day on which a violation exists shall be deemed
to be a separate offence. The penalty for violation of this bylaw
shall be: $25 for the first offense; $50 for the second offense; $100
for the third and each subsequent offense. The enforcing officers
for the purpose of the bylaw shall be the animal control officer,
deputy animal control officer, and Health Agent.
