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, 141, 141A and 141B, 145, 145A and 145B, 146, 147, 147A, 148 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.
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
|
Second offense
|
$35
|
Third offense
|
$50
|
Fourth offense
|
$75
|
Fifth and each subsequent offense (within a calendar year)
|
$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.