[HISTORY: Adopted by the Town Meeting of the Town of Wenham as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-5-2007 (former Ch. XXIII); amended 11-5-2013]
[Amended 5-1-2021 ATM by Art. 11]
A. 
The Select Board shall annually appoint an animal control officer, who shall be responsible for the enforcement of this bylaw and the General Laws relating to the regulation of animals.
B. 
For purposes of this bylaw and MGL c. 140, § 157, the Select Board shall be the hearing authority.
The provisions of MGL c. 140 applicable to animal licensing and tagging are hereby incorporated herein.
A. 
No person shall own or keep a dog six months of age or older unless the dog is licensed and tagged annually. The license period shall run from January 1 to December 31 of each calendar year.
B. 
The fee to license an intact male or female dog will be $20. The fee to license a spayed female or neutered male dog will be $15. Personal kennels for four dogs will be $50, five to 10 dogs $100, and more than 10 dogs $150. No fee is imposed for domestic charitable corporation kennel licenses operated exclusively to protect animals from cruelty, neglect, or abuse, or for relief from suffering.
[Amended 4-2-2022 ATM by Art. 10]
C. 
No fee shall be charged for a license for a dog owned by a person aged 70 years or over.
[Added 4-2-2022 ATM by Art. 11]
[1]
Editor's Note: Former § 100-4, Late charge, was repealed 4-2-2022 ATM by Art. 10, effective 1-1-2023.
A. 
No dog impounded under the provisions of this bylaw, or the provisions of MGL c. 140, as may be amended from time to time, shall be released unless it has been licensed as required by this bylaw.
B. 
The owner or keeper of a dog which has been impounded shall pay fees equal to the expenses incurred by the Town for the collection, initial handling, and daily care (if applicable) of such dog. These fees shall be established by the Select Board, in accordance with MGL c. 140, as amended.
[Amended 5-1-2021 ATM by Art. 11]
[Amended 5-1-2021 ATM by Art. 11]
Any person may make a written complaint to the Select Board that any dog owned or kept within the Town is a nuisance dog or a dangerous dog, as those terms are defined in MGL c. 140, § 136A. The Select Board shall investigate or cause to be investigated such complaint, including an examination under oath of the complainant at a public hearing in the Town to determine whether the dog is a nuisance dog or a dangerous dog, and the Select Board shall make such order concerning the restraint or disposal of such dog as provided in MGL c. 140, § 157. Violations of such orders shall be subject to the enforcement provisions of MGL c. 140, §§ 157 and 157A, which, upon conviction, may include: for a first offense, 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, a fine of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction.
A. 
In addition to the remedies set forth in this bylaw and in MGL c. 140, §§ 136A to 174E, inclusive, including but not limited to MGL c. 140, § 157A, or any other applicable provision of law, this bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, MGL c. 140, § 173A and the Town's noncriminal disposition bylaw, and the election of one remedy shall not preclude enforcement through any other lawful means. The Animal Control Officer, any police officer or any other person so appointed by the Select Board may issue notices of violation of this bylaw. If noncriminal disposition is elected, the fines for such violations, per dog and per violation, shall be as follows:
[Amended 5-1-2021 ATM by Art. 11]
(1) 
First offense: written warning, no fine.
(2) 
Second offense: $25.
(3) 
Third offense: $50.
(4) 
Subsequent offenses: $100.
B. 
Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. A separate offense is not limited to an offense within a calendar year from the first offense.
[Adopted 5-12-1990 (former Ch. XVII); amended 5-1-1993]
A. 
A person who owns or keeps a dog or other domesticated animal within the territorial limits of the Town of Wenham shall be responsible for the following fees when the service of the Animal Control Officer is required in connection with any such dog or domesticated animal:
(1) 
First service within a calendar year: free.
(2) 
Second service within a calendar year $25.
(3) 
Third service and any subsequent service: $50.
B. 
"Service" of the Animal Control Officer shall consist of the response of the officer to a specific location, and/or the removal, restraint, or impounding of the dog or domesticated animal, whether occasioned by request of a citizen, Town official or otherwise.
C. 
In addition to the service fee and impound fee set forth in § 100-5 of this bylaw, a pickup fee of $15 shall be paid to the Town for any dog retrieved and/or impounded by the Animal Control Officer.
D. 
All fees incurred as a result of the impounding of a dog shall be paid prior to the release of said dog from impoundment.
If the Animal Control Officer determines that a female animal in heat, even confined, is attracting other animals, thus causing a disturbance or damage to neighboring property or public area, the Animal Control Officer may require the owner or keeper of the animal to confine said animal, while in heat, in a kennel or to remove it from the area so that the nuisance is abated.