[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]
A. 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.
B. 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:
(3) Third and subsequent offenses in any twelve-month period: $100.
C. 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.
D. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
DOG
All animals of canine species, both male and female.
OWNER
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.
[Amended 5-13-1987; 6-13-2020 ATM
by Art. 19]
A. Any person maintaining a kennel, as defined in MGL c. 140, § 136A,
shall obtain a kennel license in accordance with MGL c. 140, § 137A,
by first applying for a kennel license with the Town Clerk. A copy
of a special permit from the Zoning Board of Appeals must be included
or such application shall be denied. Upon review of the application
the Animal Control Officer shall inspect the proposed facility for
compliance with all applicable Massachusetts General Laws prior to
the issuance of a kennel license and anytime thereafter, should the
license issue.
B. Any person who receives a kennel license shall comply with the confinement
and other provisions of MGL c. 140, § 174E.
C. The licensing authority of the Town of Lunenburg shall issue a kennel
license without charge to a domestic charitable corporation incorporated
exclusively for the purpose of protecting animals from cruelty, neglect
or abuse or for the relief of suffering.
D. Petitions or complaints against any kennel may be filed in accordance
with MGL c. 140, § 137C.
E. Any person who violates the provisions of this bylaw shall be subject to Chapter
1, Article
I, §
1-3; provided, however, that the Town may pursue enforcement and collect such fines or penalties as may otherwise be authorized by law.