[HISTORY: Adopted by the Town of Lunenburg as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. IX, §§ 1-A, 1-B and 1-C, of the Town Bylaws]
[Amended 5-1985; 5-11-1991; 5-2006 ATM by Art. 40]
No owner or keeper of any dog shall permit such dog, whether licensed or unlicensed, to become a public nuisance within the Town at any time. It shall be the duty of the Animal Control Officer to apprehend any dog which he/she has reason to believe to be a public nuisance and to impound such dog in a suitable place and to order the owner thereof to restrain such dog. The owner of any dog impounded may reclaim such dog upon payment of the sum of $25 for the first twenty-four-hour period or any part thereof that the dog is held and $25 for each additional 24 hours or any part thereof; provided, however, that if the dog is not licensed, before release to any person, a license, if such is required by the Town, shall be secured. The sums collected pursuant to the provisions of this section shall be accounted for and paid over to the Town Treasurer. Any dog which has been impounded and has not been redeemed by the owner within 10 days shall be disposed of as provided for by the laws of the Commonwealth of Massachusetts.
Any owner found in violation of any of the provisions of the bylaw shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine in accordance with the following schedule or any other schedule permitted by law:
If the owner or keeper of a dog is a minor, the parent or guardian of such minor shall be held liable for any violations of this bylaw and shall attend to all complaints or other matters pertaining to dogs in the Town with citation rights.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- All animals of canine species, both male and female.
- Any person or persons, firm, association or corporation owning, keeping or harboring a dog as herein defined.
- PUBLIC NUISANCE
- Any dog shall be deemed a public nuisance when attacking persons or domestic animals while such dog is on property other than that of the dog owner; when destroying property; when on a public school grounds and not under restraint; when it persistently chases moving vehicles; when it persistently and continuously barks or howls; when it is permitted to run at large and unrestrained on property other than its owner's; any unspayed female dog in season shall be deemed a public nuisance when not confined indoors or housed in a veterinary hospital or registered kennel. Each time one of the above nuisances exists shall constitute a separate offense.
Dogs for which their age can be confirmed as being eight years or older, and dogs for which it can be verified by a veterinarian in writing that they cannot be spayed or altered due to severe medical reasons, shall adhere to the same fee schedule as spayed and altered dogs.
No owner or keeper of five or more dogs shall erect a kennel for housing of said dogs, without prior written approval of the Animal Control Officer relative to the construction, location and capacity of said kennel. Should the petitioner be turned down by the Animal Control Officer, the petitioner shall have the right to appeal to the Board of Selectmen.