As used in this chapter, the following terms shall have the
meanings indicated:
ANIMAL CONTROL OFFICER
That person or persons appointed by the Select Board to enforce
this bylaw.
[Amended 1-30-2023 STM by Art. 1]
AT LARGE
Any dog shall be deemed to be at large when it is off the
premises of its owner or keeper and not under the care and control
of a person demonstrating the ability to control the dog.
CARE AND CONTROL
A dog shall be considered in care and control while on the
premises of its owner or keeper or if the dog is on the premises of
another person with knowledge and expressed permission of such other
person. A dog under voice command shall be considered in the care
and control of a person only if said person is competent to prevent
the dog from being at large, or from being a public nuisance.
DOG
Any animal of the canine genus.
KEEPER
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog.
LICENSING PERIOD
The time between January 1 of any year to December 31 of
the same calendar year, both dates inclusive.
OWNER
Any person, partnership, or corporation, in whom is vested
the ownership, domain, or title of one or more animals.
PUBLIC NUISANCE
An animal shall be deemed a public nuisance for any of the
following (but not limited to):
[Amended 6-15-2020 ATM by Art. 11]
B.
Damages the property of anyone other than its owner;
C.
Molests or intimidates pedestrians or passersby;
D.
By reason of habitual or frequent howling, barking, whining,
or other utterances disturbs the peace and quiet of any person of
ordinary sensibilities who is a neighbor or in close proximity to
the premises where the animal is kept or harbored;
E.
Has bitten or attacked any person;
F.
Has bitten or attacked other domestic animals;
G.
When the owner or keeper has failed to remove excrement from
either public or private property.
[Amended 6-15-2020 ATM by Art. 11]
A. The Animal Control Officer may impose a fine upon the owner or keeper
of an animal found to be a public nuisance: $50 for the first offense;
$100 for the second offense; $300 for the third offense; for the fourth
or subsequent offense, the fine shall be $500 and the municipality
may order the animal spayed or neutered in accordance with MGL c.
140, § 173A.
B. The Animal Control Officer shall charge the animal owner or keeper
a $20 redemption fee, to be in addition to any and all other fees,
fines or penalties.
C. In addition to all other legal and equitable remedies, fines and
penalties under this bylaw may be assessed in the manner provided
in MGL c. 40, § 21D, with the Animal Control Officer as
the enforcing person, and the amount of the fine $25.
The owner or keeper of a dog, cat or ferret six months old or
over shall cause the dog, cat or ferret to be properly vaccinated
against rabies by a licensed veterinarian as is required by MGL c.
140, § 145B. The owner or keeper of any unvaccinated dog,
cat or ferret brought into the Town of Foxborough shall be punished
by a fine of not more than $50, which shall be paid to the Town of
Foxborough.
[Amended 1-30-2023 STM by Art. 1]
A. The owner or keeper of any dog that has been ordered to be restrained
or muzzled under this bylaw may file a request in writing with the
Animal Control Officer that the restraining order be vacated, or that
the dog be released, and after investigation by the Animal Control
Officer, such officer may vacate such order or release such dog, if
the order or restraint was imposed by him/her. If the order was imposed
by the Select Board, the Animal Control Officer shall submit a written
report of his/her recommendations to the Select Board, who may vacate
such order.
B. The owner of any dog under order of restraint or muzzling or disposal
order by Select Board, if not satisfied with the decision of the Select
Board following appeal, shall have the right to appeal to the District
Court.
It shall be the duty of the Animal Control Officer to apprehend
any dog that is found running at large and impound such animal. Such
animal to be held, adopted, or euthanized as described in MGL c. 140,
§ 151A.
The owner or keeper of a dog so impounded may claim the dog
as provided by law, upon the occurrence of the following:
A. The owner or keeper presents a valid license and certificate of rabies
vaccination;
B. The owner or keeper pays all fines, boarding and other fees;
C. The owner or keeper gives his/her name, address and date of birth;
D. If the dog does not have a current rabies vaccination, the owner
or keeper must present a receipt from a licensed veterinarian showing
prepayment of rabies vaccination;
E. If the dog is unlicensed, the owner must license the dog within seven
days of redemption.