The Select Board is authorized to set reasonable fees for licenses, violations, penalties, and other charges under this article associated with the keeping of dogs in the Town of Carver.
[HISTORY: Adopted by the Town Meeting of the Town of Carver as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, § 6.1, of the 2015 Compilation]
It shall be the duty of the Animal Control Officer to apprehend any dog not restrained as required by § 114-1 of this article, and to confine or cause to be confined said dog as provided herein. Any unlicensed dog so apprehended shall be confined and otherwise dealt with by the Animal Control Officer as required by law. Any dog so apprehended which is licensed and owned or kept in this Town shall be confined until the earlier of its being reclaimed by said owner or keeper as provided herein, or until the 10th day following the day on which such dog is apprehended. If such a licensed dog is not reclaimed as provided herein, within said ten-day period, the Animal Control Officer shall take one of the alternative courses of action which MGL c. 140, § 151A, or any act in replacement thereof or amendment thereto, requires to be taken with respect to unlicensed dogs not licensed, collared, or harnessed and tagged within the ten-day period provided therein.
Promptly following the apprehension and confinement by the Animal Control Officer of any such licensed dog, said officer shall mail to the licensed owner thereof a notice of such apprehension and confinement, which notice shall include a statement of the last date on which said dog may be reclaimed as provided herein. The Animal Control Officer shall also promptly inform the Carver Police Department of such apprehension and confinement and of the description of such dog. Licensed dogs confined by the Animal Control Officer pursuant to this article shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition; or they may be placed in the care of the holder of a kennel license or of a charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse.
A.
The owner or keeper of any licensed dog confined as provided for in this article may reclaim such dog upon payment of the costs and charges incurred by the Town for such apprehension and confinement and care of such dog, said charges to be $5 for the apprehension of such dog, plus charges of $2 for each full or partial day of confinement in a pound owned or leased by, or under the control of, the Town or the Animal Control Officer.
B.
If the dog is confined in a place other than a pound owned or leased by or under the control of the Town or the Animal Control Officer, the care charges to be paid hereunder shall be the actual charges incurred by the Town or the Animal Control Officer for such confinement. No licensed dog confined as provide in the article may be reclaimed until the owner or keeper thereof shall have paid all such costs to the Animal Control Officer. The Animal Control Officer shall pay over to the Town Treasurer all sums so paid to him, said sums to be applied to the cost of enforcing this article.
If the Animal Control Officer determines that a dog in its estrous cycle or "in heat" is attracting other dogs and such attraction is causing damage or disturbance to any neighborhood, the Animal Control Officer shall order in writing the owner or keeper of such dog to restrain the dog for the duration of its estrous cycle. If the Animal Control Officer determines that such owner or keeper is not complying with such order, the Animal Control Officer shall impound said dog for the duration of its estrous cycle at the expense of the owner or keeper.
[Adopted as Ch. 6, § 6.1A, of the 2015 Compilation]
The following words and phrases shall have the following meaning(s):
Any officer appointed under these rules and regulations for the enforcement of said rules and regulations.
The Town of Carver Clerk.
A single premises with a collection of six to 10 dogs, three months or older, that are maintained for any purpose and where four or more litters per year are raised, or where the boarding of grooming of dogs is performed as a business.
Any person, corporation, or society, other than the owner, harboring or having in his possession any dog.
A single premises with a collection of four or five dogs, three months or older, that are maintained for breeding, boarding, sale, training, hunting or any other purpose.
The time between January 1 through the following December 31, both dates inclusive.
Animals or fowl kept or propagated by the owner for food; also deer, elk, cottontail rabbits and northern hares, pheasants, quail, partridge, and other birds and quadrupeds determined by the Department of Fisheries, Wildlife and Recreational Vehicles[1] to be wild and kept by, or under, a permit from said Department in proper houses or suitable enclosed years. Such phrase shall not include dogs, cats, or other pets.
The Town of Carver Select Board.
[1]
Editor's Note: So in original. See the Department of Fish and Game, Division of Fisheries and Wildlife.
A.
The owner or keeper of a dog kept in the Town of Carver is subject to these regulations when the dog attains the age of three months and annually thereafter.
B.
The Town Clerk shall issue dog licenses and tags on a form proscribed and finished by the Town of Carver. The Animal Control Officer may accept applications and fees for licenses and shall transmit same to the Clerk who shall cause the license to be issued. Subject to the approval of the Select Board, the Town may permit licensure to be conducted through the mail.
C.
The Clerk shall record each license issued, the name of the owner or keeper or each dog so licensed, and the name, registered number and description of each dog. The owner or keeper of any dog so licensed shall state upon the license from the breed, color, weight, and special markings of the dog. Such books shall be open to public inspection during the usual office hours of the Clerk.
D.
Each tag shall include the license number, a statement that the dog is licensed in the Town of Carver, and the year issued.
E.
The owner or keeper shall cause said dog to wear around its neck or body or a collar or harness to which the tag shall be securely attached. In the event that any tag is lost, defaced or destroyed, substitute tags shall be obtained by the owner or keeper from the clerk it a cost of $2.
F.
A license duly recorded in another jurisdiction shall be valid in the Town of Carver until the expiration of the licensing year, at which time the owner or keeper will cause the dog to be licensed in the jurisdiction of residence.
G.
The fee for each dog licensed shall be $10 unless a certificate from a veterinarian stating that the dog has been spayed or neutered has been presented to the Clerk, in which case the fee shall be $7.
H.
No fee shall be charged for a dog specially trained to lead or trained to lead or serve a blind or deaf person upon presentation to the clerk of a certificate of such training.
I.
A license fee shall not be refunded because of a subsequent death, loss, spaying or neutering, or removal from the Town of such dog, nor because a license fee has been mistakenly paid to a city or town.
A.
Any owner or keeper of four or more dogs, three months of age or over and the owner of any premises where such dogs are kept, shall obtain a kennel license under the Town's Zoning By-Law. The written approval of the Board of Appeals or special permit granting must be presented to the Town Clerk prior to the issuance of such license. Kennels are defined and classified in § 114-7 of these regulations.
C.
A kennel license shall be in lieu of any other license required for any dog, which may be kept in such kennel for any portion of the period for which the license is issued. The owner or keeper of such kennel shall renew the license prior to the commencement of each succeeding license period.
D.
While at large, each dog in a kennel shall wear a collar or harness to which shall be securely attached a tag upon which shall appear the number of the kennel license, the name of the town issuing such license, and the year of issuance. Such tag shall be in form proscribed and furnished by the Town of Carver and shall be issued by the Town Clerk along with the kennel license.
E.
If a kennel owner desires to increase the capacity of his kennel during a license period, he shall apply for a license modification to the Town Clerk, and, if necessary, present the Town Clerk with the written approval of the Board of Appeals or special permit granting authority prior to the issuance of such license modification. The Clerk shall issue such modification upon payment by the owner of the difference between his existing kennel license and the fee for the kennel license most recently approved.
F.
The Clerk shall issue, without charge, upon written application and written approval of the Board of Appeals, a kennel license to any domestic charitable corporation incorporated in the commonwealth exclusively for the purpose of protecting animals from cruelty, neglect, or abuse.
G.
A veterinary hospital shall not be considered a kennel unless it contains an area for the grooming or selling of dogs, or the boarding of dogs for other than medical or surgical purposes, in which case it shall supply to the Clerk proof of obtaining a special permit from the Board of Appeals prior to the issuance of a kennel license.
H.
All holders of kennel licenses shall notify the Town Clerk, in writing, of the sale of any dog or pup, including a description of the animal, the age, color, identifying marks, sex and whether the dog has been spayed or neutered. The kennel owner will forward a copy of such notice to the Clerk of the city or town in which the owner resides.
A.
The Animal Control Officer or the Chief of Police of the Town of Carver or other persons authorized under the General Laws shall at any time inspect or cause to be inspected any kennel and if, in his or her judgment, the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the Select Board shall by order revoke or suspend said kennel license. In the case of suspension of said license, the Select Board may reinstate such kennel license and impose conditions and regulations upon the operation of said kennel.
B.
Upon the petition of 25 citizens filed with the Select Board setting forth that they are aggrieved or annoyed to an unreasonable extent by one or more dogs at a kennel located in the Town because of excessive barking or vicious disposition of such dogs or other conditions connected with the kennel that constitute a public nuisance, the Select Board shall, within seven days of the filing of such petition, give notice to all parities concerned of a public hearing to be held within 14 days after the date of such notice. Within seven days after the public hearing, the Select Board shall make an order either revoking or suspending such kennel license or otherwise regulating the operation of said kennel, or shall dismiss such petition.
C.
Any person maintaining a kennel after the license has been suspended or revoked shall be punished by a fine of not less than $50 per day, which fine shall be returned by the court to the Town.
B.
If any persons refuses to answer, or answers falsely, questions of a police officer or a Animal Control Officer pertaining to his ownership of a dog, he shall be punished by a fine of not less than $25, which shall be paid to the Town.
C.
If a dog as to which any violation occurs was unlicensed at the time of such violation, a fine of not less than $25 nor more than $50 shall be imposed to be paid to the Town, and the owner keeper of such dog will be required to immediately procure all delinquent licenses and tags, as well as current license and tag.
A.
The owner or keeper of a dog or cat four months of age or older housed or sheltered in the Town of Carver shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine approved by the Massachusetts Department of Public Health. Unvaccinated dogs and cats acquired or moved into the Town of Carver shall be vaccinated within 30 days after the acquisition or arrival into Carver or upon reaching the age of four months, whichever last occurs. Such owner or keeper shall procure a veterinarian's certification that such animal has been so vaccinated and setting forth the date of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certification was issued.
B.
The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; provided however, the owner of a cat may choose not to affix a tag to his cat but shall have the tag available for inspection upon demand by the Animal Control Officers, police officers or other such authorized officials of the Town.
C.
Vaccinated animals shall be revaccinated periodically in accordance with the rules and regulations adopted by and promulgated by the Massachusetts Department of Public Health.
D.
Any person who violates the provisions of this section shall be punished by a fine of not less than $50, which shall be paid to the Town.
A.
The Town Clerk shall issue said licenses and tags and receive the money therefor. Such fees shall be paid in full into the Town treasury not later than the first Monday of each month.
B.
The Town Clerk shall make a record in books kept therefore of each licensed issued, the name and address of the owner or keeper of each dog licensed, the registered number and description of each dog, and such books shall be open to public inspection during the usual office hours. The Town shall pay for all license forms, tags, record books and all standard operating forms.
A.
The Town Administrator shall, from time to time, appoint in accordance with § 45-6A of the General By-laws one or more Animal Control Officers who shall receive an annual salary which shall be set by the Select Board within the amount appropriated by the Town, who may be police officers or constables.
B.
The Town may enter into a contract with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse, to perform the duties of the Animal Control Officer.
A.
The Animal Control Officer shall attend to all complaints, except as assigned to the Chief of Police, or other matters regarding dogs in the Town.
B.
The Animal Control Officer shall, at least twice in each year, inspect every premises holding a kennel license and shall issue a written report of the conditions of said kennel to the Select Board and the Board of Health of Carver, stating their opinion as to the maintenance, humane and sanitary conditions, and if records are properly kept by the owner or keeper of said kennel.
C.
The Animal Control Officer shall be responsible for the supervision of and the maintenance and care of the animal control shelter in the Town, unless the Town otherwise contracts with a licensed animal control shelter in another municipality.
D.
The Animal Control Officer shall be responsible for maintaining records of all animals that become the subject of any action. Shall record each complaint and the nature thereof and what action, if any, was taken by the Animal Control Officer or any other authority of the Town.
E.
The Animal Control Officer shall maintain records of each dog confined under their care and custody for any reason whatsoever, stating the reasons for such confinement, the breed and color of the dog, the date the dog came under the control of the Animal Control Officer, the final disposition of the dog and the date of the disposition.
F.
The Animal Control Officer shall examine any premises to be used as a proposed kennel and must submit a written report to the Zoning Board of Appeals stating their opinion as to whether or not such a site would be suitable for the type of kennel license requested.
G.
No Animal Control Officer shall be a licensed animal dealer registered with the United States Department of Agriculture and no Animal Control Officer or any representative shall sell any animal to any licensed animal dealer registered with the United States Department of Agriculture. Whoever violates the provision of this section shall be punished by a fine of not less than $100.
A.
No person owning, keeping or otherwise responsible for a dog shall allow or permit said dog to annoy another person's reasonable right to peace or privacy by making loud or continuous noise, where such noise is plainly audible at a distance of 150 feet from the building, premises, vehicle, or conveyance housing said dog, or such noise is continuous in excess of 60 minutes. The fact that such noise is plainly audible at said distance or continuous in excess of 60 minutes shall be prima facie evidence of violation.
B.
If any person shall make a complaint in writing to the Select Board that any dog owned or harbored within the Town of Carver is a nuisance by reason of excessive barking or other disturbance, or is a source of annoyance to any sick person residing in the vicinity, the Select Board shall investigate or cause to be investigated such complaint. They may examine under oath such complainant and any or all witnesses and may require available medical evidence and they may make such order requiring the silence or removal of such dog.
C.
Within 10 days after such order, the owner or keeper of such dog may bring a petition in the District Court within the judicial district for review of such order. The Magistrate shall review the facts and all evidence of the matter, call witnesses, and shall affirm such order unless it shall appear that such order was made without proper cause or in bad faith, in which case the order shall be reversed.
D.
Any person who violates the provisions of this section shall be subject to a written warning for the first offense, and shall be subject to payment of the following fines:
A.
If any person shall make a complaint to the Select Board that any dog harbored within the Town of Carver is a nuisance by reason of a vicious disposition, the Select Board shall investigate or cause to be investigated all such complaints. It may examine, under oath, such complainant, and any or all witnesses and may require available medical evidence, and it may make such order concerning the restraint or destruction of such dog as may be necessary.
B.
Within 10 days after such order, the owner or keeper of such dog may bring a petition in the District Court within the judicial district for review of such order.
C.
The Magistrate shall review the facts and all evidence of the matter, call witnesses, and shall affirm such order unless it shall appear that such order was made without proper cause or in bad faith, in which case the order shall be reversed.
D.
If, following affirmation of such order by the Magistrate, the owner or keeper of the dog has not caused the dog to be restrained in keeping with such order, he shall face a complaint in District Court within the judicial district and shall be fined not less than $100 for each violation of such restraint order, which shall be paid to the Town.
E.
If, following the affirmation of such order by the Magistrate, the owner or keeper of the dog has not caused the dog to be destroyed, the Animal Control Officer or Chief of Police may enter onto the property of the owner or keeper of such dog, take the dog and kill or caused to be killed such dog.
F.
The act of a dog in attacking or biting another dog or another animal may be made the subject of a complaint under the provisions of this section.
G.
Fines collected under this section and all other sections of these rules and regulations shall be paid to the Town.
Any person may kill a dog when:
A.
Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking, or riding outside the enclosure of its owner or keeper. Any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding, or killing persons, animals, or fowls. If any person shall kill or attempt to kill a dog so found, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton disregard for the suffering of the dog. Any person who kills or wounds a dog under this section shall promptly report such action to the Animal Control Officer or the Police Department.
B.
Any police officer, constable, or Animal Control Officer shall kill a dog which the Select Board upon review, a Magistrate or Judge of the District Court shall have ordered to be restrained for vicious behavior, and if such dog is again found outside the enclosure of its owner or keeper and not under his immediate care. Any police officer, Animal Control Officer, or constable may kill a dog which is living in a wild state.
The Select Board or its agents duly authorized in writing, may, after written notice to the owner or keeper, enter upon the premises of the owner or keeper of any dog known to have done damage to livestock or fowl, and then and there kill such dog, unless such owner or keeper whose premises are thus entered shall give a bond in the sum of $1,000, with sufficient sureties, approved by the Select Board, conditioned that the dog be under permanent restraint. If the owner or keeper declares his intention to provide such bond, he shall be allowed seven days in which to provide said bond to the Town Clerk, exclusive of Sundays and holidays.
A.
Whosoever suffers loss by the worrying, killing or maiming of his livestock or fowl by dogs shall inform the Animal Control Officer and shall forthwith proceed to the scene to view the damage, who shall determine if the damage was done in fact by dogs and, if so, appraise the amount of the damage if it does not exceed $50.
B.
If in the opinion of the Animal Control Officer the damage exceeds $50, the damage shall be appraised on oath by three persons, one of whom shall be the Animal Control Officer, one shall be appointed by the person alleged to be damaged and the third appointed by the other two.
C.
The said appraisers shall consider and include such damages the number and kind of animals damaged, the extent of the damage and the approximate weight of the killed animals. The appraisers will also note in their report whether or not any animals were sent for veterinarian treatment in an effort to save them, the number, and kind of such animals. Such report will be filed in the office of the Town Clerk within 10 days of said appraisal, who shall submit said appraisal report to the Select Board. The Select Board may require the appraisers to provide any additional information that it deems appropriate in accordance with the report of the appraiser.
No owner of livestock or fowl shall be reimbursed for damages inflicted by his own dog or dogs, nor shall he be reimbursed if he, himself, was the owner or keeper of an unlicensed dog three months of age or older, nor shall he be reimbursed for damages if the owner or keeper of the dog inflecting the damage is known to him or to the Animal Control Officer. No reimbursement shall be made in the case of damage to deer, elk, cottontail rabbit, northern hares, pheasants, quail, partridge and other livestock or fowl determined by the Department of Fisheries, Wildlife and Recreational Vehicles[1] to be wild. No reimbursement will be made for damages unless the livestock or fowl are kept in proper houses or in suitable enclosed areas. No reimbursements shall be made for damage done by a dog to dogs, cats or other pets. Awards for damages in no case shall exceed fair cash market value at such livestock.
[1]
Editor's Note: So in original. See the Department of Fish and Game, Division of Fisheries and Wildlife.
A.
The owner or keeper of a dog which has done damage to livestock or fowl shall be liable for such damage, and the Select Board may order the owner or keeper to pay such damages after an investigation by the Animal Control Officer of the facts of the matter and an appraisal by the Animal Control Officer, one person chosen by the person sustaining the damage and a third appraiser chosen by the other two. The appraisers will submit a report to the Select Board stating the type of damage, the number, and kind of animal damages and whether any animals required medical treatment by a veterinarian to save them.
B.
In the event that the owner or keeper of such dog known to have done damage to livestock or fowl refuses to pay upon the order of the Select Board, the Select Board shall enter or cause to be entered a complaint in District Court for the enforcement of the order.
C.
If a dog which has previously been ordered restrained by the Select Board, or, upon review by the District Court, wounds any person, or shall maim or kill any livestock or fowl, the owner or keeper of such dog will be liable to the person injured thereby in treble the amount of damages sustained by him.
A.
The Select Board shall annually within 10 days after September 1 issue a warrant to the Animal Control Officer to seek out, catch and confine all dogs within the Town which then have not been licensed, collared and tagged as required by these regulations. The Animal Control Officer shall enter and prosecute a complaint for failure to comply with the provisions of these regulations against the owners or keeper thereof, if known. The Animal Control Officer shall kill or cause to be killed each such dog which, after a period of 10 days, remains unclaimed, or at the end of the ten-day period each Animal Control Officer may sell any healthy dog to any person presenting a valid positive identification for a sum not less than $5, which shall be paid to the Town of Carver.
B.
Before delivery of any dog so sold, the Animal Control Officer shall require the purchaser to obtain a license from the Town Clerk or shall require the purchaser to pay the appropriate license fee with an application for a dog license to the Animal Control Officer.
C.
All dogs confined under this section shall be confined in a suitable and humane detention area or they may be placed in the care of a holder of a kennel license or with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, abuse or neglect.
D.
The Town Clerk shall annually, on September 1, provide to the Select Board a listing of all dog licenses issued in the preceding year, their name and address, and a listing of all persons shown on the annual consensus who, as of January 1, were the owner or the keeper of a dog and their address. The Town Clerk shall further provide to the Select Board a listing of all persons in the current year who have licensed their dogs and their addresses. The Select Board shall attach all such lists to the warrant.
In the Town, such warrant will be in the following form:
COMMONWEALTH OF MASSACHUSETTS | |
|---|---|
PLYMOUTH, ss. | |
To ________________________, Animal Control Officer of the Town of Carver, you are hereby required to catch and confine all dogs within the Town of Carver not duly licensed, harnessed or collared and tagged. You shall record in writing the date, time, and location of each apprehension and confinement, and shall describe the appearance of each dog caught, the condition under which it was caught and its final disposition. You shall maintain each record for one year following the apprehension and confinement of each such dog and such record will be available for public inspection during that one year. | |
You shall issue a citation against the owner or keeper of every such dog whose owner or keeper can be identified. | |
You shall confine every such dog for a period of not less than ten (10) days, unless during that ten days you release that dog to its owner or keeper if such dog has been licensed, collared, or harnessed and tagged and the owner or keeper has paid to you the sum of five dollars for every day the dog was in your custody, which shall be transmitted to the Town Treasurer. | |
At the expiration of the ten day confinement period, you may allow any person to adopt a healthy dog, upon presentation of a valid positive identification, in accordance with § 114-23 of the General By-laws. | |
Hereof fail not, and make due return of this Warrant with your doings thereon on or before the first day of October next, on or before the first day of January next, on or before the first day of April next and on or before the first day of June next, stating the number of dogs caught, confined and/or killed or sold, along with the names and addresses of the owners or keepers thereof, if known, and whether all unlicensed dogs in the Town of Carver have been caught, confined, killed or sold and the names of persons against whom complaints have been made. | |
Given under my hand and seal at (name of city or town), the _____ day of September 20____. | |
Chairman, Select Board | |
Each Animal Control Officer to whom such warrant is issued shall make returns on or before October 1, on or before January 1, on or before April 1, on or before June 1 and at the expiration of his term of office to the Select Board issuing same, and shall state in said returns the number of dogs which he has caught, confined, killed or sold, the name; and addresses of the owners or keepers thereof, if known, and the names of persons against whom complaints have been entered and whether complaints have been entered against all persons who have failed to comply with these regulations since the previous report.
Whoever violates any provision of these regulations may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D, and as set forth under Chapter 1, Article II, of the General By-laws. If noncriminal disposition is elected, then any person who violates any provision of these regulations shall be subject to a penalty in the amount of $50 for each offense, except as otherwise provided therein. Each day or portion thereof shall constitute a separate offense. The Animal Control Officer(s) and police officers shall be deemed to be enforcing persons under this section.
A.
No person owning or having the care, custody, or control of any dog shall permit such dog to soil or defile or commit any nuisance upon any sidewalk, street, thoroughfare, beach or wetland, in or upon any public property or in or upon the property of persons other that the owner or persons having the care, custody, or control of such dog, unless said person picks up any such waste and disposes of same in a sanitary manner.
B.
Any person who violates the provisions of this section shall be punished by a fine of not less than $20 for each offense.
The deletion of Sections 6.1.7 through 6.1.9 inclusive, and the insertion of Article II, shall take effect on July 1, 2003.