[HISTORY: Adopted by the Town Meeting of the Town of Dudley
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-2000 by
Art. 17 (Art. 27 of the 1952 General Bylaws); amended 5-19-2003 by Art. 27]
[Amended 5-18-2009 by
Art. 21; 11-2-2009 by Art. 18; 11-7-2011 by Art. 15[1]; 11-4-2013 by Art.
18; 5-19-2014 by Art. 16]
As used in this bylaw, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
Any officer appointed by the Board of Selectmen to enforce
the laws relating to dogs or cats or other animals.
All dogs, cats, and domesticated and wild animals of any
species, both male and female.
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment, at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that "commercial boarding or training kennel" shall
not include an animal shelter or animal control facility, a pet shop
licensed under MGL c. 129, § 39A, a grooming facility operated
solely for the purpose of grooming and not for overnight boarding
or an individual who temporarily, and not in the normal course of
business, boards or cares for animals owned by others.
[Amended 5-20-2019 by
Art. 28]
An establishment, other than a personal kennel, engaged in
the business of breeding animals for sale or exchange to wholesalers,
brokers or pet shops in return for consideration.
[Added 5-20-2019 by Art.
28]
A facility operated, owned or maintained by a domestic charitable
corporation registered with the Department of Agricultural Resources
or an animal welfare society or other nonprofit organization incorporated
for the purpose of providing for and promoting the welfare, protection
and humane treatment of animals, including a veterinary hospital or
clinic operated by a licensed veterinarian, which operates consistent
with such purposes while providing veterinary treatment and care.
[Added 5-20-2019 by Art.
28; amended 6-22-2020 by Art.
11]
A certified dog trained specifically to assist law enforcement
with their duties and responsibilities.
A pack or collection of dogs on a single premises, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel.
[Added 5-20-2019 by Art.
28]
The time between January 1 and December 31, both dates inclusive.
Any person or persons, firm, association or corporation owning,
keeping, or who has in his possession, for 11 consecutive days in
any calendar year, an animal, licensed or unlicensed, and cannot show
to the satisfaction of the Animal Control Officer that such animal
was sold, had died, was given away or otherwise disposed of. Further,
if the owner or keeper of an animal were a minor, the parent or guardian
of such minor shall be held liable for any violation of this bylaw.[2]
A pack or collection of more than four dogs or four cats
over the age of six months owned or kept under single ownership, for
private personal use; provided, however, that breeding of personally
owned dogs may take place for the purpose of improving, exhibiting
or showing the breed or for use in legal sporting activity or for
other personal reasons; provided further, that selling, trading, bartering
or distributing such breeding from a personal kennel shall be to other
breeders or individuals by private sale only and not to wholesalers,
brokers or pet shops; provided further, that a personal kennel shall
not sell, trade, barter or distribute a dog not bred from its personally
owned dog; and provided further, that dogs temporarily housed at a
personal kennel, in conjunction with an animal shelter or rescue registered
with the Department of Agricultural Resources, may be sold, traded,
bartered or distributed if the transfer is not for profit. The number
of litters permitted shall be limited to four per licensing year regardless
of the number of adult dogs approved for the personal kennel.
[Added 5-20-2019 by Art.
28; amended 6-22-2020 by Art.
11]
Free of restraint and permitted to wander on private or public
ways at will.
Any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disability, including
a physical, sensory, psychiatric, intellectual, or other mental disability.
Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition.
A.
No owner or keeper of a dog shall permit such dog, whether licensed
or unlicensed, to run at large within the Town of Dudley. No person
shall permit a dog owned or kept by him beyond the confines of the
property of the owner or keeper unless a leash, which shall not exceed
six feet in length, physically restrains the dog.
[Amended 5-20-2019 by
Art. 28]
B.
No person shall permit a dog owned or kept by him to run freely within
the confines of the property of the owner or keeper unless the owner
or keeper or other person of adequate age and discretion accompanies
the dog and has full control of the animal. If unaccompanied, the
dog must be leashed so as to restrain the dog in such manner that
the dog will not go beyond the property of the owner or keeper, unless
the dog is securely confined to the premises of the owner or keeper
by fencing or appropriate barriers.
[Amended 6-22-2020 by
Art. 11]
C.
For the purpose of this section, "full control" means that the dog
will respond to the command, order or signal of the owner or other
person responsible for the dog who shall at all times, by his command,
order or signal, prevent his dog from bothering, worrying, annoying,
chasing or barking at any person, domestic animal or livestock.
D.
This section shall not apply to property owned and/or controlled
by the Commonwealth of Massachusetts where a separate set of rules
and regulations applies.
E.
A dog may for the purpose of events such as working, hunting, field
trials or training purposes be exempt from the restraining order during
such period of time as the dog is actually engaged in the event or
sport, provided the dog is under the direct supervision of a person
who is able to properly control its action.
[Amended 6-22-2020 by
Art. 11]
[Amended 5-18-2009 by
Art. 21; 11-2-2009 by Art. 18; 5-21-2012 by Art. 19; 5-20-2013 by Art. 13; 11-4-2013 by Art. 19; 5-19-2014 by Art. 15; 5-19-2014 by Art.
16; 5-23-2016 by Art. 11; 10-24-2016 by Art. 30]
A.
License. Any owner or keeper of a dog six months of age or older
in the Town of Dudley shall cause that dog to be licensed as required
by MGL c. 140 during the month of January of each year, or within
30 days after a dog becomes six months old. The license will be obtained
from the Town Clerk. Each license shall be numbered and contain the
color, breed, gender and special markings of the dog; the name, residential
address and phone number of the owner; the expiration date of the
rabies vaccination; and other information as the Town Clerk deems
appropriate. Each license shall be issued upon the condition that
the owner or keeper shall comply with the provisions of this bylaw,
rule or regulation relating to the ownership and control of dogs.
B.
Tags. The owner or keeper of a licensed animal shall cause the animal
to wear around its neck or body a collar or harness to which shall
be securely attached a tag issued by the Town Clerk at the time of
licensing. A fee established by the Board of Selectmen shall be charged
to replace a lost tag.
[Amended 6-22-2020 by
Art. 11]
C.
Veterinarian's certification. The Town Clerk shall not issue any
license, including personal kennels, unless the owner or keeper provides
either a veterinarian's certification that such dog has been vaccinated
against rabies by a licensed veterinarian, certification that such
dog is exempt from the vaccination requirement or a notarized letter
from a veterinarian that either of these certifications was issued
relative to such dog.
[Amended 5-20-2019 by
Art. 28; 6-22-2020 by Art. 11]
D.
Kennel.
[Amended 5-20-2019 by
Art. 28]
(1)
Any owner or keeper of more than four dogs or four cats must acquire
a personal kennel license and is subject to the Dudley Zoning Bylaws.
(2)
All kennels must be fully licensed pursuant to the provisions of
MGL c. 140 and subject to Dudley's Zoning Bylaws.
(3)
All kennels shall be available to inspection by the Animal Control
Officer, a natural resource officer, fish and game warden, police
officer or the Board of Health.
E.
Vaccination. All dogs six months of age or older must be currently
vaccinated against rabies as per MGL c. 140, § 145B.
F.
Fees. The annual fee for every animal license or kennel license shall
be as follows:
[Amended 5-20-2019 by
Art. 28; 6-22-2020 by Art. 11]
(1)
Establishing fees. The Board of Selectmen, at its discretion, on
or before September 30 of the preceding calendar year, may review
and establish animal control fees pursuant to this article of the
General Bylaws.
(2)
Annual dog fee. The fee for all dogs (male, neutered, female, spayed)
and kennels shall be as established by the Board of Selectmen.
(3)
No fee shall be charged for a license for a K-9 law enforcement dog or a service animal as defined in § 128-1 of this bylaw. The individual who is responsible for a K-9 law enforcement dog must provide a written statement from the law enforcement unit stating that the dog is actively working. The owner of a service animal must show written evidence that the animal is a service dog.
(4)
No license fee shall be refunded in whole or in part for any reason.
(5)
There shall be no license fee for the first or second dog owned by
persons aged 70 and older as of January 1 of the licensing year. Each
additional dog shall be licensed and the fee shall be paid in accordance
with this section. This subsection shall not apply to kennel licenses.
G.
Town Clerk. The registering, numbering, describing and licensing
of dogs shall be performed in the office of the Town Clerk on a form
prescribed and supplied by the Town, and shall be subject to the condition
expressed therein that the dog so licensed shall be controlled and
restrained from killing, chasing or harassing livestock or fowl.
H.
Failure to license. Should any owner or keeper of an animal fail
to license that animal as required under MGL c. 140 before April 1,
the owner or keeper shall pay a late fee established by the Board
of Selectmen before obtaining said license, except a dog brought into
the Town as provided by MGL c. 140, § 138. This late fee
shall be applicable from the 61st day after the arrival of such dog.
Any person maintaining a kennel in the Town of Dudley who fails to
license as prescribed by this section and the laws of the Commonwealth
shall pay a late fee established by the Board of Selectmen commencing
April 1. Any owner or keeper of a dog failing to license by June 15
in any year shall be subject to a fine of $25 per dog. Any person
maintaining a kennel who fails to license by June 15 in any year shall
be subject to a fine of $75 upon the complaint of the Animal Control
Officer or Town Clerk. All late fees and fines are in addition to
the license fee upon the complaint of the Animal Control Officer or
Town Clerk.
[Amended 5-20-2019 by
Art. 28; 6-22-2020 by Art. 11]
I.
Unpaid fees. In addition to all other sums due and owing for any
license fee hereunder, a person who applies for a license hereunder
shall be obligated to pay all prior amounts of license fees and late
fines determined to be due and owing by the Town Clerk pursuant to
this bylaw, for past periods in which said person was obligated to
obtain a license. It shall be a violation of this bylaw to fail to
pay any said sum due hereunder; this remedy shall be cumulative.
[Amended 5-27-2004 by
Art. 10; 5-20-2019 by Art. 28; 6-22-2020 by Art. 11]
A.
All dogs and cats owned by a resident of the Town of Dudley shall
be properly vaccinated in accordance with MGL c. 140, § 145B.
Unvaccinated dogs and cats acquired or moved into the Town of Dudley
shall be vaccinated within 30 days or upon reaching the age of six
months, whichever occurs last.
[Amended 5-22-2023 by Art. 21]
B.
Those dog owners found in violation of the rabies vaccination requirement
of MGL c. 140, § 145B, shall, at the owner's expense, have
their dogs properly vaccinated by a licensed veterinarian within 10
days of said violation and will receive a fine of $100.
C.
Any dog without current proof of rabies vaccination that is impounded
by the Animal Control Officer will be vaccinated at the owner's expense
prior to release by the Animal Control Officer.
D.
Any animal that is quarantined and requires vaccination shall be
vaccinated at the owner's expense. Notification of such vaccination
shall be sent to the Animal Control Officer within 10 days of said
vaccination.
E.
Any dog or cat that is currently vaccinated that bites or scratches
any person shall be confined at the home of the owner for a period
of not less than 10 days.
F.
Any veterinarian bills incurred for vaccinating or preparing any
animal for rabies testing shall be at the owner's expense.
G.
Any owner or keeper moving an animal subject to quarantine shall
notify the Board of Health in writing prior to moving the animal.
The Town of Dudley shall be given the name, address, and phone number
as to where the animal is going to be housed.
H.
Any owner or keeper of any animal in the Town of Dudley who has received
written notice of quarantine and does not comply with said quarantine
order, or if the quarantined animal is found outside the approved
enclosure of its owner or keeper and not under his/her immediate care,
shall be subject to an immediate order to destroy the animal or to
house the animal at an approved boarding facility at the owner's expense.
I.
It shall be the duty of the Animal Control Officer to investigate
and enforce the provisions of this bylaw and to give written notice
to the Board of Health and the animal owner in regards to all quarantines.
A.
Any owner or keeper of a dog may be ordered to muzzle said dog by
a duly appointed Animal Control Officer and, in his/her absence, by
a police officer for either of the following reasons:
[Amended 6-22-2020 by
Art. 11]
B.
This order shall remain in effect until removed by the officer after
having been satisfied that the dog is unlikely to repeat its offense.
Such decision by the officer to remove the said order shall not be
unreasonably withheld. A dog muzzled under the provisions of this
section shall be monitored by the Animal Control Officer or police
officer so long as the muzzle is in place. The Animal Control Officer
or police officer may delegate the monitoring to a party subject to
written guidelines provided by the Animal Control Officer. In no event
shall the order exceed a period of five hours except for extraordinary
circumstances.
A.
The Animal Control Officer or, in his/her absence, police officers
may cause an animal to be impounded for any of the following causes:
[Amended 6-22-2020 by
Art. 11]
(1)
If found without a license when a license is required;
(3)
For violation of a muzzling order as provided for in § 128-5 of this bylaw or as provided under MGL c. 140, § 167, as amended;
(4)
For having bitten, injured or physically molested any person;
(5)
For having physically injured any dog or other animal;
(6)
To restore peace when the owner or keeper of an animal is otherwise
unavailable, unwilling, or physically unable to restrain his/her animal
from causing a nuisance by continuous barking or howling;
(7)
To ensure the safety and well-being of the particular animal; or
(8)
For any violation of this bylaw.
B.
No later than two days after the impounding of any animal the owner or keeper shall be notified, or if the owner or keeper of the animal is unknown or, after reasonable efforts, is not contacted, written notice shall then be posted for 10 consecutive days in the location for posting notices in the Town Hall, which notice shall describe the animal and the place and time of taking. Animals impounded and unclaimed by the owner or keeper after such ten-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A. Prior to the end of said ten-day period, the owner or keeper may obtain the release of such dog or other animal upon payment of all pound fees, fines, and notification costs, if any, and in the case of a violation of § 128-6A(1), upon obtaining a license as required by law.
C.
No animal shall be turned over or sold in any manner inconsistent
with MGL c. 140, § 151, or disposed of inconsistent with
the provisions of MGL c. 140, § 151A.
D.
In the case of a dog bite to a human, if a current rabies inoculation
cannot be confirmed, the owner/keeper shall voluntarily subject the
animal to euthanasia and rabies testing or subject the animal to mandatory,
strict isolation and examination as prescribed by the Massachusetts
Department of Public Health. All expenses incurred, including but
not limited to transportation, shall be the responsibility of the
owner/keeper of said animal.
Any person or persons found guilty of a violation of any provisions
of MGL c. 272, § 77, 80A, 94 or 95, will forfeit the right
to own or keep any animal within the Town of Dudley and must immediately,
upon conviction, surrender all animals in his/her possession to the
Animal Control Officer.
[Amended 6-22-2020 by
Art. 11]
If written complaint is made to the Board of Selectmen or Chief
of Police regarding a vicious or dangerous dog or excessive barking/howling
or a dog which in any other manner disturbs the peace and quiet of
any neighborhood or endangers the safety of any person or animal,
such complaint shall be acted upon in conformance with MGL 140, §§ 157
and 158.
The provisions of MGL c. 140, § 153, are incorporated
herein.
[Amended 11-7-2011 by
Art. 15]
A.
The owner or keeper of a dog or animal which has done damage to livestock
or fowl shall be liable for such damage, and the Selectmen may order
the owner or keeper to pay such damages after an investigation as
set forth in MGL c. 140.
B.
In the event that the owner or keeper of such dog or animal known
to have done damage to livestock or fowl refuses to pay upon the order
of the Selectmen, the Selectmen shall enter or cause to be entered
a complaint in the District Court for the enforcement of the order.
C.
In addition, the Board of Selectmen or its agent thereto authorized
in writing may, after written notice to the owner or keeper, enter
upon the premises of the owner or keeper of any dog or animal known
to them to have killed livestock or fowl and then and there kill such
dog, unless such owner or keeper whose premises are thus entered for
the said purpose shall give a bond in the sum of $200, with sufficient
sureties approved by the Board of Selectmen, conditioned that the
dog or animal is continually restrained. If the owner or keeper of
the dog or animal declares his intention to give such a bond, said
Selectmen or their agents shall allow him seven days, exclusive of
Sundays and holidays, in which to procure and prepare the same and
to present it to them, or to file it with the Town Clerk.
D.
If a dog or animal which has previously been ordered restrained by
the Selectmen, 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 or animal will be liable to the person injured thereby in
triple the amount of damages sustained by him.
E.
The owner or keeper of any animal injured or killed by a motor vehicle
shall be responsible for the cost of all response, emergency care,
treatment and/or disposal of said animal.
[Amended 5-27-2004 by
Art. 11]
A.
The Animal Control Officer(s) duly appointed or, in their absence,
police officers shall enforce the provisions of this Animal Control
Bylaw, and shall attend to all complaints or other matters pertaining
to animals in the Town of Dudley.
B.
Notwithstanding any provisions of the General Laws to the contrary,
any person(s) shall be punished by a fine not less than $100 nor more
than $300 who:
(1)
Refuses to answer or answers falsely questions of an Animal Control
Officer or a police officer pertaining to his/her ownership of an
animal;
(2)
Is found guilty of cruelty to animals which shall include but not
be limited to confining an animal in a motor vehicle in such a manner
that places it in a life or health threatening situation by exposure
to a prolonged period of extreme heat or cold, without proper ventilation
or other protection from such heat or cold. In order to protect the
health and safety of an animal, the Animal Control Officer or law
enforcement officer who has probable cause to believe that this subsection
is being violated shall have authority to enter such motor vehicle
by any reasonable means under the circumstances after making a reasonable
effort to locate the owner or person;
(4)
Violates a Selectmen's order.
C.
Any owner or keeper who violates the provisions of this bylaw; or
is the owner/keeper of any animal who shall be found by the Animal
Control Officer to have defecated on private property other than that
of its owner/keeper, or on public property without proper disposal
and removal; or is the owner/keeper of any animal who intentionally
allows any such animal to cause a nuisance by barking, howling or
otherwise disturbing another person's right to peace; or is the owner/keeper
of an animal found to have bitten or injured any person, dog or other
animal may be penalized by noncriminal disposition as provided in
MGL c. 40, § 21D, and shall be punished by the imposition
of fines as follows:
[Amended 5-20-2019 by
Art. 28]
D.
Heat season. The owner of any unspayed female or unneutered male
unleashed dog found by the Animal Control Officer roaming at large
in heat season off the premises of the owner or keeper shall be subject
to a fine of $50.
E.
Where applicable, each day shall constitute a separate offense.
[Amended 11-7-2011 by
Art. 15]
A.
The owner or keeper of any dog or animal impounded under the provisions
of this bylaw may redeem such dog or animal provided he first reimburses
the Animal Control Officer for his/her expenses at the rate of $30
per handling of such dog or animal, plus $10 for each day or portion
thereof that he/she has confined such dog or animal, and procures
from the Town Clerk's office a license and tag for any such dog or
animal that is not licensed, if required.
[Amended 5-20-2019 by
Art. 28]
B.
The owner or keeper of any dog or cat impounded under the provisions
of this bylaw may redeem such dog or cat provided the owner or keeper
shows proof of a current rabies vaccination before the dog or cat
is released.
[Amended 6-22-2020 by
Art. 11]
[Amended 6-22-2020 by
Art. 11]
Notwithstanding any provisions of the General Laws to the contrary,
any Animal Control Officer who takes cognizance of a violation of
this bylaw; or failure to license animals pursuant to MGL c. 140 and
this bylaw; or failure to obtain a kennel license; or failure to vaccinate
against rabies pursuant to MGL c. 140, § 145B, may issue
or mail a notice of complaint of violation of this bylaw to the owner
or keeper of such animal.
A.
Nothing contained within this bylaw shall limit or restrict any enforcement
officer's authority to seek criminal prosecution of any violation
of state or federal law.
