Town of Norton, MA Chapter 43 Dog Control

[HISTORY: Adopted by the Town Meeting of the Town of Norton 5-14-2018 ATM by Art. 20. Amendments noted where applicable.]

§ 43-1 Intent.

Under the Dog Control bylaw, all citizens have a responsibility to see that dog owners are accountable for the actions of their dogs. In establishing this bylaw, the Town of Norton recognizes that the right of dog ownership carries with it the responsibility to provide adequate control to ensure that no dog is a danger or a nuisance.

§ 43-2 Fees.

The annual fee for every dog license shall be established by Town Meeting. All fees shall be retained by the Town Treasurer in the Reserve Appropriation for Norton Dog System established under Article 16 of the Special Town Meeting of May 21, 1986. No fee shall be charged for a license for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No license fee or part thereof shall be refunded because of the subsequent death, loss, altering, or removal from the commonwealth or other disposal of the dog.

§ 43-3 Nuisance dogs prohibited.

No person shall own or keep a dog in the Town which by biting, excessive barking, howling, or in any other manner disturbs the quiet of the public.

§ 43-4 Nuisance or dangerous dogs.

A. For purposes of this bylaw and MGL c. 140, § 157, the Board of Selectmen shall be the hearing authority.

B. The definitions of "dangerous dog" and "nuisance dog" shall be as set forth in MGL c. 140, §§ 136A and 157, as may be amended from time to time.

C. If any person shall make a complaint in writing to the Animal Control Officer or Board of Selectmen that any dog owned or harbored within the Town is a dangerous dog or nuisance dog, the Animal Control Officer shall investigate such complaint and submit a written report to the Selectmen of his findings and recommendations, together with the written complaint. Upon receipt of such report, the Selectmen shall convene a public hearing, which shall include an examination of the complaint under oath, to determine whether the dog is a nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the Selectmen shall make such order as provided in MGL c. 140, § 157, as may be amended from time to time.

D. Interim order to restrain.

(1) The Animal Control Officer may issue an interim order to restrain any dog which he has probable cause to believe is a dangerous dog or nuisance dog, for a period not to exceed 14 days.

(2) Upon issuing an interim order to restrain, the Animal Control Officer shall submit in writing to the Selectmen a report of his action and the reasons therefor. If the Selectmen fail to act in accordance with Subsection C of this section during the period the dog is restrained, upon expiration of the period the interim order is automatically vacated pending such further order of the Selectmen as may be deemed necessary.

E. Appeal of nuisance or dangerous dog order. The owner or keeper of any dog subject to an order issued pursuant to Subsections A through C may appeal to the District Court in accordance with MGL c. 140, § 157, as may be amended from time to time.

F. Subsections A through C may be enforced by the Animal Control Officer or any police officer of the Town through any means available in law or equity, including but not limited to criminal indictment in accordance with MGL c. 140, § 157A, as may be amended from time to time, and noncriminal disposition in accordance with MGL c. 40, § 21D, and Chapter 1, Article II, of the Town bylaws.

(1) When enforced in accordance with MGL c. 140, § 157A, an owner or keeper of a dog who fails to comply with an order of the Selectmen or District Court shall be punished, for a first offense, by a fine of not more than $500 or imprisonment for not more than 60 days in a jail or house of correction, or both; and for a second or subsequent offense by a fine of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction.

(2) Noncriminal disposition.

(a) When enforced through noncriminal disposition, the penalties shall be as follows:

[1] First violation: verbal warning.

[2] Second violation: $100.

[3] Third and subsequent violations within a twelve-month period of first violation: $300.

(b) For purposes of enforcement through noncriminal disposition, any violation of the provisions of this bylaw occurring more than 12 months after a first offense shall constitute a new and separate violation.

§ 43-5 Dogs at large.

A. No owner or keeper of any dog shall cause or permit such dog, whether licensed or unlicensed, to run at large or to be a public nuisance within the Town of Norton or permit it to wander at will on public or private property other than the premises of the owner or keeper or the premises of another person with knowledge and permission of such other person. A dog is under restraint within the meaning of this bylaw if it is controlled by a leash or at heel beside a competent person and obedient to the commands of that person or on or within a vehicle being driven or parked on the street. Dogs running at large will be caught and confined and the owner notified. A dog so restrained may be held for not more than seven days. If the owner of the dog claims it and pays the sum of $40 for each day that the dog has been held, the dog shall be returned to its owner. Any dog not claimed by the owner within said seven-day period may be subject to euthanization or adoption as set forth in MGL c. 140, §§ 151A and 167, as may be amended from time to time.

B. Subsection A of this section may be enforced by the Animal Control Officer or any police officer of the Town through any means available in law or equity, including but not limited to criminal indictment in accordance with MGL c. 40, § 21, and noncriminal disposition in accordance with MGL c. 40, § 21D, and Chapter 1, Article II, § 1-5, of the Town bylaws.

(1) When enforced in accordance with MGL c. 40, § 21, the maximum penalty shall be $300, and each day a violation exists shall constitute a separate violation.

(2) Noncriminal disposition.

(a) When enforced through noncriminal disposition, the penalties shall be as follows:

[1] First violation: verbal warning.

[2] Second violation: $100.

[3] Third and subsequent violations within a twelve-month period of first violation: $300.

(b) For purposes of enforcement through noncriminal disposition, any violation of the provisions of this bylaw occurring more than 12 months after a first offense shall constitute a new and separate violation.

§ 43-6 License required; late fees for failure to license.

A. The annual dog license period shall run from January 1 to December 31, inclusive, of each calendar year.

B. Should any owner or keeper of a dog over the age of six months fail to license that dog before March 1, that owner or keeper shall pay a late fee of $5 plus an additional fee of $1 per month beginning March 1, before obtaining said license; except for a dog brought into the Town as provided in MGL c. 140, § 138, this late fee shall be applicable from the 61st day after arrival of such dog. Any person maintaining a kennel in the Town of Norton who fails to license as prescribed by this section and the laws of the commonwealth shall pay a late fee of $10 plus an additional fee of $2 per month beginning March 1. All late fees shall be retained by the Town Treasurer in the Reserve Appropriation for Norton Dog System established under Article 16 of the Special Town Meeting of May 21, 1986.