[HISTORY: Adopted by the Town Meeting of the Town of Avon 5-7-2019 ATM by Art. 8. Amendments noted where applicable.]
A.
License fee. The annual fee for every dog license, except as otherwise
provided by law, shall be set by and posted by the Town Clerk. Applications
for a license for an altered dog must be accompanied by the certification
of a veterinarian registered and licensed to practice in this commonwealth
that the dog has been altered and is unable to reproduce by reason
of alteration. Until a certificate of a veterinarian who has examined
the dog in question is produced, the license fee for the licensing
period shall be at the rate of an unaltered dog.
B.
Rabies vaccination. When application is made for a dog license, the
applicant shall also exhibit proof, by a veterinarian's certificate,
that the dog has been vaccinated against rabies, within the last three
years if the dog is six months of age or over, as required by MGL
c. 140, § 145B.
C.
Service dogs. No fee shall be charged for a license for service animals
as defined by the Americans with Disabilities Act or regulations promulgated
thereunder, provided that a certificate is exhibited certifying that
the dog is so trained and is actually so used.
D.
Refunds. No license fee or part thereof shall be refunded because
of a subsequent death, loss, spaying, and removal from this commonwealth
or any other disposal of the dog, nor shall any license fee or part
thereof paid by mistake be paid back after it has been paid to the
Town pursuant to MGL c. 140, § 147.
E.
Late fee. In addition to the license fee as otherwise required by
this section, the owner of any dog which has not been licensed on
or before the last day of May in any year shall be subject to a late
fee that shall be posted with the Town Clerk to be paid to the Town
Clerk at the time such dog is licensed.
No person shall own or keep in the Town any dog which by biting,
excessive barking, howling or in any other manner disturbs the quiet
of the public.
[Amended 1-28-2023 STM by Art. 9]
If any person shall make a complaint first in writing to the
Animal Control Officer that any dog owned or harbored within his jurisdiction
is a nuisance by reason of vicious disposition or excessive barking
or of other disturbance, the Animal Control Officer shall investigate
such complaint, which may include an examination under oath of the
complainant, and submit a written report to the Select Board of his
findings and recommendations, together with the written complaint.
Upon receipt of such report and examination of the complainant and
the owner of the dog, under oath, the Select Board, after a hearing,
of which time the owner of the dog will be given due notice to appear,
may make such order concerning the restraint, muzzling, disposal of
such dog, dismissal of the complaint or such other action as may be
deemed necessary. The Animal Control Officer, after investigation,
may issue an interim order that such dog be restrained or muzzled
for a period not to exceed 14 days to enable the Select Board to issue
their order following the receipt of the report of the Animal Control
Officer. If the Select Board fail to act during the period of the
interim order, upon expiration of the period the interim order is
automatically vacated.
A.
The Animal Control Officer may restrain or muzzle, or issue an interim
order to restrain or muzzle, for a period not to exceed 14 days, any
dog for any of the following reasons:
(1)
For having bitten or threatened (worried) any person;
(2)
If found at large or unmuzzled, as the case may be, while an order
for the restraint of such dog is in effect;
(3)
If found in a school, schoolyard or other recreational area;
(4)
For having killed or maimed or otherwise damaged any domestic animal;
(5)
For chasing any vehicle (including bicycles) upon any public way
or way open to public travel in the Town;
B.
All of the above are subject to penalties or fines.
C.
Upon restraining or muzzling, or issuing an interim order to restrain
or muzzle, the Animal Control Officer shall submit, in writing, to
the Select Board a report of his action and the reasons therefor.
Upon receipt of such report, the Select Board may make such order
concerning the restraint, muzzling or disposal of such dog as may
be deemed necessary. If the Select Board fail to act upon the report
during the period the dog is restrained or muzzled, upon expiration
of the period, the interim order automatically is vacated. If the
dog is ordered to be restrained or muzzled for six weeks of a twelve-month
period, the Select Board must issue a permanent order of restraint,
muzzling or disposal of said animal.
[Amended 1-28-2023 STM by Art. 9]
The owner or keeper of any dog that has been ordered to be restrained
or muzzled or which has been restrained under this bylaw may, within
10 days after such order, bring a petition in the District Court,
addressed to the Justice of the Court, praying that the order may
be reviewed by the Court, and after such notice to the officer or
officers involved as the Court may deem necessary it shall review
such action, hear the witnesses and affirm such order unless it shall
appear that it was made without proper cause or in bad faith, in which
case such order shall be reversed. The decision of the Court shall
be final and conclusive upon the parties.
Any person owning or harboring a dog shall not cause or allow
said dog to roam at large* in any of the streets or public ways or
places within the confines of the Town of Avon, or upon the premises
of anyone other than the owner or keeper, unless the owner or occupant
of such premises expressly grants permission. Under no circumstances
shall a dog, even though secured by suitable lead, be allowed on private
property, unless specific permission has been granted by the owner
of said property. No dog shall be permitted in any public place or
on any public thoroughfare, inclusive of all Town-owned property and
properties under the authority of the Commonwealth of Massachusetts
that are situated in the Town of Avon, unless said dog is restrained
by a chain or lead not exceeding seven feet in length that is of suitable
test for the size of dog that is being restrained, and is attended
by a person of adequate age and discretion to properly control its
actions or is at the heel** position beside a competent person and
demonstrably obedient to the person's command.
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*
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"At large" meaning a dog which is: (1) unaccompanied by a person
of adequate age and discretion to properly control its actions; and
(2) unrestrained by a lead or chain of less than seven feet that is
of suitable test for the size of dog being restrained.
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**
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"At heel" meaning a dog under complete control of a person of
adequate age and discretion to control its actions as adequately as
a dog that is on a lead.
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Any dog within the limits of the Town unlicensed or not wearing
a valid license tag shall be impounded by the Animal Control Officer
and not released until pound fees, in accordance with the General
Laws, and pickup fees are paid and a current license is obtained from
the Town Clerk. The pickup fee shall be posted with the Town Clerk,
with said fee to go to the Town. Any dog not claimed within 10 days
will become the property of the Town of Avon, and will be disposed
of by the Animal Control Officer by whatever humane means are available.
If the Animal Control Officer determines that a dog in her estrus
cycle (even when confined to the property of her owner or keeper)
is attracting other dogs to her area, which condition causes disturbance
on or damage to neighboring property or public area, he may pick up
and impound the dog for the duration of her estrus cycle, releasing
thereafter to the owner or keeper upon payment of pickup and pound
fees; or the Animal Control Officer may require the owner or keeper
to place and keep such dog, while in such cycle, in a commercial or
boarding kennel or to remove it from the area so that the nuisance
is abated.
[Amended 1-28-2023 STM by Art. 9]
The Select Board may select a commercial kennel facility within
the Town or use the existing Town kennel to impound or keep dogs that
have been apprehended by the Animal Control Officer as being strays
or violators of the law, provided that both of the foregoing are within
cost limitations and specifications set by the Select Board. The fee
to impound and keep a dog in the Town kennel shall be posted with
the Town Clerk.
A.
Any owner or keeper of a dog who shall fail to comply with any of
the provisions of the bylaws and law governing dogs shall be subject
to penalties as follows:
(1)
Failure to license a dog: $35.
(6)
Failure to comply with order of restraint in accordance with MGL
c. 140, § 168: $100.
(7)
Failure to comply with notice to kill or confine in accordance with
MGL c. 140, § 164: $100.
(8)
Failure to vaccinate dogs against rabies in accordance with MGL c.
140, § 145B: $100.
B.
The provisions of this bylaw may be enforced by the Animal Control
Officer, or by any police officer of the Town of Avon, in the manner
provided by MGL c. 40, § 21D.
