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Town of Harvard, MA
Worcester County
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Table of Contents
Table of Contents
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[Adopted 3-31-1979 ATM by Art. 33]
[Amended 12-3-2002 STM by Art. 10]
As used in this bylaw, unless the context otherwise indicates, the following terms shall have the meanings indicated:
DANGEROUS DOG
A dog that either:
[Added 4-1-2014 ATM by Art. 38]
A. 
Without justification, attacks a person or domestic animal or fowl causing physical injury or death; or
B. 
Behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal or fowl.
DOG OFFICER
The "animal control officer," as defined in MGL c. 140, 136A.
[Added 4-1-2014 ATM by Art. 38]
DOGS
All animals of canine species, both males and females.
KEEPER
A person, business, corporation, entity or society, other than the owner, having possession of a dog.
[Amended 4-1-2014 ATM by Art. 38]
NUISANCE DOG
A dog that:
[Added 4-1-2014 ATM by Art. 38]
A. 
By excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or
B. 
By excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or
C. 
Has threatened or attacked livestock or fowl, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances.
[Added 4-1-2014 ATM by Art. 38]
OWNER
Any person or persons, firm, association or corporation owning, keeping or harboring a dog as herein defined.[1]
[1]
Editor’s Note: The former definition of “public nuisance,” which immediately followed, was repealed 4-1-2014 ATM by Art. 38.
[Amended 4-1-2014 ATM by Art. 38]
The owner or keeper shall prevent his dog from being a nuisance dog or a dangerous dog as defined in § 24-1.
It shall be the duty of the Dog Officer to apprehend any dog found to be in a violation of § 24-2 of the bylaw and to impound such dog in a suitable place or to order the owner or keeper thereof to restrain said dog.
The Dog Officer shall, in matters of impoundment, impoundment fees and redemption of impounded animals, carry out his/her duties in accordance with Sections 151 and 151A of Chapter 140, and any amendments thereto, of the Massachusetts General Laws.
[Amended 3-30-1985 ATM by Art. 22; 4-1-2014 ATM by Art. 38]
A. 
Any owner or keeper found in violation of any provision of § 24-2 or any other provision of this bylaw shall be liable for fines as follows:
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Third offense: $200.
(4) 
Subsequent offenses: $300 for each offense.
B. 
Any owner or keeper found in violation of an order of the Select Board issued pursuant to MGL c. 140, Section 157, shall be liable for fines in accordance with MGL c. 140, Section 157A, as follows:
[Amended 10-22-2018 STM by Art. 1]
(1) 
First offense: up to $500.
(2) 
Second offense: up to $1,000.
C. 
Further, if the owner or keeper of a dog be a minor, the parent or guardian of such minor shall be held liable for any violation of this bylaw.
The sums collected pursuant to this bylaw shall be accounted for and paid over to the Town Treasurer; provided, however, that under the provisions of the state law, the Dog Officer shall be entitled to all fees paid to him/her for the care of the impounded dogs by the owners or keepers thereof.
In the event that any provision or section of this bylaw is deemed invalid or unenforceable, all other provisions shall remain in full force and effect.