[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:
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:
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.
