Town of Middleborough, MA
Plymouth County
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[HISTORY: Adopted by the Town Meeting of the Town of Middleborough as indicated in section histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 221.
[Adopted 4-23-2018 ATM by Art. 27, 8-3-2018]
A. 
Every owner of a dog kept or maintained in the Town of Middleborough shall keep, maintain and confine such dog within the bounds of such owner's premises or premises to which such owner has the right of possession except as hereinafter provided; such owner may take his dog or permit his dog to be taken outside said premises provided that on all such occasions the dog is continuously restrained by a leash or similar device appropriate to restrain dogs. Any owner who violates this bylaw shall be punished by a fine of $25 for each violation thereof.
B. 
Violation of the Town bylaw identified herein may, in the discretion of the Town officer who is the appropriate enforcing person, be enforced in the manner provided under MGL c. 40, § 21D. The enforcing person taking cognizance of a violation of any such bylaw which the enforcing person is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the district court having jurisdiction thereof at any time during office hours not later than 21 days after the date of such notice. The noncriminal fine for each such violation shall be the fine amount identified herein. The Animal Control Officer and any Assistant Animal Control Officer or Animal Inspector appointed by the Town of Middleborough shall be the primary enforcement agent (enforcing person) for violations of this bylaw. However, other Town officers may enforce these provisions as secondary agents.
[Adopted 4-23-2018 ATM by Art. 28, 8-3-2018]
A. 
The license period applicable to licenses for dogs required to be obtained under MGL c. 140 by an owner or keeper of a dog shall be the time in a year between January 1 and the following December 31, both dates inclusive.
B. 
The owner or keeper of a dog which is required to be licensed under MGL c. 140 shall cause the dog to be licensed for a license period before April 1 of the license period. If the owner or keeper fails to obtain a license for the dog by April 1 of the license period, such owner or keeper shall be liable for a late fee of $10, to be collected by the Town Clerk at the time the Town Clerk issues a license for the dog. The late fee shall be in addition to license fees, fines, penalties and forfeitures otherwise provided by law. The Town Clerk shall pay all late fees received into the Town treasury.
C. 
Dog licenses not renewed by May 1 are subject to a fine of $50.
D. 
Violation of the Town bylaw identified herein may, in the discretion of the Town officer who is the appropriate enforcing person, be enforced in the manner provided under MGL c. 40, § 21D. The enforcing person taking cognizance of a violation of any such bylaw which the enforcing person is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the district court having jurisdiction thereof at any time during office hours not later than 21 days after the date of such notice. The noncriminal fine for each such violation shall be the fine amount identified herein. The Animal Control Officer and any Assistant Animal Control Officer or Animal Inspector appointed by the Town of Middleborough shall be the primary enforcement agent (enforcing person) for violations of this bylaw. However, other Town officers may enforce these provisions as secondary agents.
[Adopted 4-23-2018 ATM by Art. 29, 8-3-2018]
Any person may file a complaint in writing that a dog owned or kept in the Town is a nuisance or dangerous dog as those terms are defined in MGL c. 140, § 136A. Such complaints shall be handled in accordance with MGL c. 140, § 157, provided that the complaint shall be initially investigated by the Animal Control Officer, who shall report the findings to the hearing authority for purposes of investigating and disposing of such complaints.
[Adopted 4-23-2018 ATM by Art. 30, 8-3-2018]
A. 
No person owning, keeping, or otherwise responsible for a dog shall allow said dog, if unprovoked, to annoy another person by making a loud or continuous noise, where such noise would be found by a reasonable person to be disruptive to one's quiet and peaceful enjoyment. Continuous and clearly audible barking or howling by a dog is prima facie evidence of a violation, if:
(1) 
It occurs between the hours of 10:00 p.m. and 7:00 a.m.; or
(2) 
It is in excess of 20 minutes between 7:00 a.m. and 10:00 p.m.
B. 
Penalties. If, upon written complaint, or observation by authorities, the Animal Control Officer determines a barking/howling nuisance exists under this bylaw, said officer may issue a warning or citation based on the following schedule:
(1) 
First offense: warning.
(2) 
Second offense within any twelve-month period: fine of $25.
(3) 
Third offense within any twelve-month period: fine of $50.
(4) 
Fourth or subsequent offense within any twelve-month period: fine of $100.
C. 
Violation of the Town bylaw identified herein may, in the discretion of the Town officer who is the appropriate enforcing person, be enforced in the manner provided under MGL c. 40, § 21D. The enforcing person taking cognizance of a violation of any such bylaw which the enforcing person is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the district court having jurisdiction thereof at any time during office hours not later than 21 days after the date of such notice. The noncriminal fine for each such violation shall be the fine amount identified herein. The Animal Control Officer and any Assistant Animal Control Officer or Animal Inspector appointed by the Town of Middleborough shall be the primary enforcement agent (enforcing person) for violations of this bylaw. However, other Town officers may enforce these provisions as secondary agents.
[Adopted 4-23-2018 ATM by Art. 31, 8-3-2018]
A. 
No person owning or having custody or control of a dog shall permit such dog to defecate on any public street or sidewalk of the Town, including any public park, grounds of public buildings, including school grounds, unless such person picks up the dog waste and disposes of it in a sanitary manner, including lawful disposal as solid waste or sewage. This section shall not apply to the visually impaired in custody or control of a Seeing Eye dog, or to any person unable to comply with the requirements of this section due to a physical disability. This section may be enforced by the Animal Control Officer, the Board of Health Agent, and any other person so designated by the Board of Health or the Board of Selectmen.
B. 
Any owner or person in control of any animal who fails to comply with this section shall be punished by a fine of $50 for each violation.
C. 
Violation of the Town bylaw identified herein may, in the discretion of the Town officer who is the appropriate enforcing person, be enforced in the manner provided under MGL c. 40, § 21D. The enforcing person taking cognizance of a violation of any such bylaw which the enforcing person is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the district court having jurisdiction thereof at any time during office hours not later than 21 days after the date of such notice. The noncriminal fine for each such violation shall be the fine amount identified herein. The Animal Control Officer and any Assistant Animal Control Officer or Animal Inspector appointed by the Town of Middleborough shall be the primary enforcement agent (enforcing person) for violations of this bylaw. However, other Town officers may enforce these provisions as secondary agents.