[HISTORY: Adopted by the Town Meeting of the Town of Charlton 5-20-2013 ATM by Art.
19 (Art. XXIII of the 2005 Bylaws). Amendments noted where applicable.]
This bylaw is adopted pursuant to the authority of MGL c. 140,
§§ 136A to 137A, inclusive, § 173, and any
other relevant statutes and regulations promulgated pursuant thereto.
The purpose of this bylaw is to establish regulations for the keeping
of dogs and cats in the Town of Charlton in a manner consistent with
such statutes. All references in this bylaw to any statute shall mean
such statute as such may be amended from time to time and any successor
statute to same. Nothing in this bylaw is intended to, nor shall,
preclude or limit any enforcement officer or agent, nor any Town board
or official, from utilizing any procedure or exercising any right
provided by any such statute. This bylaw does not purport to set forth
or reference all such statutes, and anyone reading the bylaw is also
bound by all applicable statutes and should consult same, including
but not limited to: MGL c. 140, §§ 136A, 137A through
137D, 138, 139, 139A, 140,[1] 141, 141A and 141B, 145, 145A and 145B, 146, 147, 147A,[2] 148[3] through 151, 151A and 151B, 152, 153, 155, 155A, 156 through
161, 161A, 163 through 169, 171, 173, 173A, 174, 174A and 174B, 174D
and 174E and 176; MGL c. 209A, § 11; MGL c. 272, § 77;
and MGL c. 129, § 39G.
[1]
Editor's Note: MGL c. 140, § 140, relating to dog
breeder's licenses, was repealed by St. 1934, c. 320, Sec. 8.
[2]
Editor's Note: MGL c. 140, § 147A, relating to bylaws
relative to the regulation of dogs, was repealed by St. 2012, c. 193,
Sec. 19.
[3]
Editor's Note: MGL c. 140, § 148, was repealed by
St. 1932, c. 289. Sec. 6.
A.
The owner or keeper of a dog six (6) months old or over shall purchase
a license from the Town Clerk and shall attach the license to a collar
or harness of said dog. If any such tag is lost, the owner or keeper
of such dog shall secure a substitute tag from the Town Clerk.
B.
Any person residing in the Town of Charlton, who at the beginning
of the license period (January 1 to December 31) is, or who during
the license period becomes, the owner or keeper of a dog six (6) months
old or over, shall cause the dog to be licensed within thirty (30)
days.
C.
Any owner or keeper of a dog who moves into the Town of Charlton
and has a valid dog license for his/her dog from another city or town
in the Commonwealth shall, within thirty (30) days, obtain a transfer
license and a tag for such dog in accordance with MGL c. 140, § 146,
for a fee of one dollar ($1) upon producing evidence of the previous
license.
D.
Per MGL c. 140, § 137(a) and § 137A, the above
licensing provisions shall not apply to any dog or cat housed in a
research institution or kept under a valid kennel license.
E.
The annual fee for every dog license, except as otherwise provided
for by law, shall be as follows:
|
Male
|
$20
| |
|
Female
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$20
| |
|
Senior citizen (65 and over)
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$17
| |
|
Neutered male
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$10
| |
|
Spayed female
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$10
| |
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Senior citizen (65 and over)
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$8
| |
|
Substitute tag
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$1
| |
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Transfer license
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$1
|
F.
Per MGL c. 140, § 139(c), no fee shall be charged for a
license issued for a service animal as defined by the Americans with
Disabilities Act or regulations promulgated thereunder.
G.
Any person seventy (70) years of age or older, upon proof of age,
shall be exempt from the annual fee for one (1) dog, per household,
per year. The owner of a kennel license, age seventy (70) years of
age or older, shall be excluded from this exemption. These exemptions
shall take effect upon the Town's acceptance of the provision of MGL
c. 140, § 139(c) reading as follows: "No fee shall be charged
for a license for a dog owned by a person aged 70 years or over in
a city or town that accepts this provision." All other fees and fines
as otherwise provided for in the Animal Control Bylaws or Massachusetts
General Laws will apply.
H.
When applying for a dog license the applicant must show proof, by
a licensed veterinarian's certificate, that the dog has been vaccinated
against rabies, as required by MGL c. 140, §§ 137 and
145B, or must provide certification per said statutes that such animal
is exempt from this requirement.
I.
The fee for each kennel license shall be as follows:
|
Four dogs or less
|
$35
| |
|
Kennel with 5 to 10 dogs
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$75
| |
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Kennel with 11 to 25 dogs
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$100
| |
|
Kennel with 26 or more dogs
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$200
|
(1)
Per MGL c. 140, § 137A(b), to determine the amount of the
license fee for a kennel, a dog under the age of six (6) months shall
not be counted in the number of dogs kept in a kennel. Per MGL c.
140, § 137A(c), there shall be no kennel fee charged a domestic
charitable corporation incorporated exclusively for the purpose of
protecting animals from cruelty, neglect or abuse or for the relief
of suffering.
(2)
Per MGL c. 140, § 137C, any person maintaining a kennel
after the license to maintain a kennel has been so revoked, or while
such a license is suspended, shall be punished by a fine of two hundred
fifty dollars ($250).
J.
Per MGL c. 140, § 139(c), no license fee or any part thereof
shall be refunded because of subsequent death, loss, spaying, neutering
or removal from the Commonwealth or other disposal of the dog.
K.
Any owner or keeper of a dog failing to license it before March 1
shall pay a late fee of ten dollars ($10) per dog. Any person required
to obtain a kennel license (or any person eligible and electing to
do so in lieu of a dog license or licenses) who falls to obtain same
before March 1 shall pay a late fee of fifty dollars ($50).
L.
In accordance with MGL c. 140, § 141, any person failing
to license a dog as prescribed by this section or otherwise violating
MGL c. 140, § 137, 137A, 137B or 138, shall be assessed
a penalty of fifty dollars ($50) per dog.
A.
To the extent that MGL c. 140, §§ 136A to 137A, contain
definitions of words used herein, all words and terms as used herein
shall be as set forth in said statutes.
B.
CAT
DOG
KENNEL
NUISANCE DOG
(1)
(2)
(3)
OWNER
RESTRAINT
RUN-AT-LARGE
Unless otherwise defined by such statutes, the terms as used in this
bylaw shall mean the following unless the context otherwise indicates:
Any domestic animal of the feline species, both male and
female.
Any domestic animal of the canine species, both male and
female.
Is used as that term is defined in MGL c. 140, § 136A.
See that statute for definitions of various types of kennels.
As defined in MGL c. 140, § 136A, shall mean a
dog that:
By excessive barking or other disturbance, is a source of annoyance
to a sick person residing in the vicinity; or
By excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's quiet
and peaceful enjoyment; or
Has threatened or attacked livestock, a domestic animal or a
person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
Any person or persons, firm, association, or corporation
owning, keeping or harboring a dog, as herein defined.
The dog will be on a leash or a substantial chain and under
the control of a person competent to restrain it so that it shall
not be a threat to public safety. The mere muzzling of a dog shall
not prevent it from being deemed a nuisance dog.
Any dog which is permitted to wander on private property
of others or on public ways without proper restraint.
A.
No owner or keeper shall violate any provision of this bylaw, nor
permit any dog, whether licensed or unlicensed, to become a "nuisance
dog" or to run-at-large within the Town of Charlton any time day or
night.
B.
No person owning or keeping a dog shall chain or tether a dog to
a stationary object, including, but not limited to, a structure, dog
house, pole or tree for longer than twenty-four (24) consecutive hours.
Owner/Keeper must abide by all other requirements and prohibitions
as to restraint, access to clean water and appropriate shelter and
other matters addressed in MGL c. 140, § 174E. As specified
in Section 174E, any person who violates same shall, for a first offense,
be issued a written warning or punished by a fine of not more than
fifty dollars ($50), for a second offense, be punished by a fine of
not more than one hundred dollars ($100) and for a third or subsequent
offense, be punished by a fine of not more than three hundred dollars
($300), and be subject to impoundment of the dog in a local shelter
at the owner's or guardian's expense pending compliance with this
section, or loss of ownership of the dog.
No person shall conduct a field trial involving dogs in the
Town of Charlton without first procuring a permit therefor from the
Animal Control Officer. Any such permit shall contain such limitations
as the Animal Control Officer shall deem reasonably necessary to prevent
such dogs from being a threat to public safety.
Any owner or keeper found in violation of this bylaw shall be
subject to a fine according to the following schedule, unless the
fine for a violation is otherwise established by state law:
|
First offense
|
$25
|
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Second offense
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$35
|
|
Third offense
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$50
|
|
Fourth offense
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$75
|
|
Fifth and each subsequent offense (within a calendar year)
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$100
|
|
Failure to vaccinate for rabies
|
$25
|
|
Failure to obtain dog license
|
$50 per dog
|
It shall be the duty of the Animal Control Officer to investigate
complaints and enforce the provisions of this bylaw and to that end
he/she shall have the authority to seek complaints in the District
Court for violations thereof. He/She shall also attend to all matters
pertaining to stray or nuisance dogs, and to care for dogs that are
injured in the Town of Charlton if the owner or keeper is unknown.
The Animal Control Officer shall also be responsible for maintaining
and keeping accurate records on all complaints and dogs that are apprehended
and impounded as prescribed by law. The Animal Control Officer, such
Officer's designee, the Police Chief and any Charlton Police Officer
shall have authority to enforce the provisions of this bylaw. Any
alleged violation of this bylaw may, in the sole discretion of the
enforcing agent, be made the subject matter of noncriminal disposition
proceedings commenced by such agent in accordance with MGL c. 40,
§ 21D.
The Animal Control Officer shall immediately notify the owner
or keeper of any dog or cat impounded under the provisions of the
bylaw if such owner or keeper is known by him/her. If such owner or
keeper is not known by him/her, no notice shall be necessary.
The owner may then reclaim the dog or cat by reimbursing the
Animal Control Officer for expenses, fines and fees, and for boarding
and care of the impounded dog or cat per MGL c. 140, § 151A(a).
The boarding and care cost shall be ten dollars ($10) for each twenty-four-hour
period or any part thereof, plus thirty dollars ($30) as an initial
pickup fee. However, as required by MGL c. 140, §§ 137
and 145B, each dog six (6) months old or older must have been vaccinated
for rabies and licensed and each cat six (6) months old or older must
have been vaccinated for rabies before the Animal Control Officer
may release it to its owner absent certification per said statutes
that such animal is exempt.
[Amended 5-16-2022 ATM by Art. 15]
Any dog which has been impounded and has not been redeemed by
the owner within seven (7) days shall be disposed of as provided by
MGL c. 140, § 151A, and any amendment thereto. Any unclaimed
dog or cat adopted from the Charlton Animal Control Officer shall
be spayed or neutered and vaccinated for rabies at the owner's expense
absent certification per MGL c. 140, §§ 137 and 145B,
that such animal is exempt. The adoption fee for all unclaimed dogs
or cats, regardless of sex, breed, or age shall be established from
time to time by the Charlton Animal Control Officer, subject to approval
in each instance by the Board of Selectmen.
All fines and fees collected by the Animal Control Officer while
enforcing the provisions of this bylaw shall be collected in the form
of personal check, money order or registered check made payable to
the Town of Charlton. In any event, the Animal Control Officer will
not accept cash, unless bonded to do so.
All fines and fees collected by the Animal Control Officer shall
be accounted for and paid over to the Town Treasurer at such time
and in such manner as may be designated by the Town Treasurer.
The provisions of this bylaw 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, and
as such may later be further amended. Nothing contained in this bylaw
shall deprive the Town or any enforcement officer from exercising
its or their rights and 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
so amended.
