[Adopted 1-10-1975 as § 21 of Art. IV of the
Bylaws of the Town of Franklin; amended in its entirety 9-5-2012 by Bylaw Amendment
12-691[1]]
The owner, keeper, or person otherwise in control of a dog shall
not suffer or allow it to run at large in any of the streets or public
places in the Town, or upon the premises of any person other than
the owner or keeper, unless the owner or occupant of such premises
grants permission. Under no circumstances shall a dog, even on a leash,
be on private property of another, unless specific permission has
been granted. No dog shall be permitted in any public street or place
within the Town unless it is effectively restrained by a chain or
leash not exceeding eight feet in length, provided that in any area
formally designated as a municipal dog park or canine recreation area,
a dog shall be allowed to be off the leash under the following conditions:
A.
The dog must at all times be accompanied by and under the control
of a person;
B.
Any dog left unattended may be impounded;
C.
The person in charge of a dog inside a designated off-leash area
must immediately pick up any fecal material deposited by that dog;
and
D.
The person in charge of a dog inside a designated off-leash area
must control the animal so that it does not disturb the surrounding
area by barking or other action and so that it does not disturb or
threaten others using the designated off-leash area and the area surrounding
the designated off-leash area.
A.
Included within his/her authority to impound a dog, the Animal Control Officer has the authority to impound a dog found running at large in violation of § 75-1. The Animal Control Officer, upon apprehending any dog, shall make a complete registry, entering the breed, color and sex of such dog, its license number, and the name and address of the owner, if known.
B.
If the owner of an impounded dog is known, such owner shall be given
notice of the impounding. Such owner may reclaim the dog upon payment
of any administrative fee determined by the Town Council, together
with any unpaid license fees, late fees, and fines, as well as the
reasonable costs incurred by the Town for impounding and maintaining
the dog.
The owner, keeper or person otherwise in control of a dog shall
immediately pick up and properly dispose of any feces left by such
dog on any street, sidewalk, or other public area, or on any private
property that is not owned or occupied by such person. Any person
who takes a dog onto a street, sidewalk, or other public place shall
carry a container, tool, implement or other device to be used for
picking up and containing dog feces, and the person shall dispose
of said dog feces in a designated receptacle or otherwise properly.
The provisions of this section shall not apply to a person who is
employing a working assistance dog.
The owner, keeper, or person otherwise in control of a dog shall
not cause or permit a dog:
A.
To be unlicensed when a license is required by law.
B.
To be without current license and rabies vaccination tags.
C.
To bite, physically injure, assault or threaten any person without
legally recognized justification or provocation.
D.
To bite or physically injure any domestic animal without legally
recognized justification or provocation.
E.
To chase any motorist, bicyclist, or pedestrian on any public way,
street, or sidewalk or in any public place.
F.
To be off the property where the dog resides, if subject to a confinement
order.
G.
To be off the property where the dog resides, unmuzzled, if subject
to a muzzle order.
H.
To disturb the peace and quiet enjoyment of any residential neighborhood
by continuous or repeated barking, yelping, howling, or whining without
legal justification.
A.
The Chief of Police or his designee may order a dog confined to the
premises where it resides or to other premises or to be muzzled when
off said premises if he finds, after a hearing, that the dog has:
(1)
Bitten, physically injured or assaulted any person without legally
recognized justification or provocation.
(2)
Bitten or physically injured any domestic animal without legally
recognized justification or provocation.
(3)
Chased any motorist, bicyclist or pedestrian on any public way, street,
or sidewalk or in any public place on at least two occasions.
B.
Said order may be in addition to or in lieu of any fine authorized by § 75-6. Nothing in this section shall preclude the Chief of Police from utilizing the procedure contained in MGL c. 140, § 57, as amended by Chapter 193 of the Legislative Acts of 2012, to determine that a dog is a nuisance dog or a dangerous dog and from employing one or another of the remedies specified in that statute.
A.
B.
In the case of a continuing offense, each day-shall constitute a
separate violation.
C.
The Franklin Police Chief and his designee, including the Animal
Control Officer, and any Franklin police officer, shall have authority
to enforce the provisions of this chapter.
The provisions of this chapter are intended to be in addition to and not in lieu of those contained in MGL c. 140, § 136A et seq., as amended by Chapter 193 of Legislative Acts of 2012; nothing contained in this chapter shall deprive the Town from employing the remedies provided in those sections, including but not limited to disposition of a dog found to be a dangerous dog or nuisance dog, as provided in MGL c. 140, § 157, as amended. To the maximum extent possible, the provisions of this chapter shall be deemed to be consistent with and/or supplementing those contained in MGL c. 140, as provided in MGL c. 140, §§ 173 and 173A, as amended.
