Erving's dogs and their owners enhance the character of the Town, and the Town seeks to encourage responsible dog ownership and behavior to the extent that they do not interfere with the reasonable expectations of residents and visitors for safety, appropriate health standards, and enjoyment of peace and quiet in public and private areas. This bylaw seeks to balance the interests of dog owners and their dogs with the interests of all Town inhabitants. These regulations are intended to guide those persons owning or keeping dogs within the Town of Erving in their role as responsible pet owners. Although it is hoped these regulations will act as an educational tool, it must also be understood that enforcement of same is necessary to protect the rights and safety of the public.
[HISTORY: Adopted by the Town Meeting of the Town of Erving 9-24-2007 STM by Art. 2. Amendments noted where applicable.]
This bylaw shall go into effect on January 1, 2008. Until said date, all current statutes and bylaws shall remain in effect.
[Amended 8-28-2024 STM by Art. 2]
The provisions of MGL c. 140, §§ 136A through 174F, inclusive, as may be amended from time to time and except as modified herein, are incorporated into this bylaw relating to the regulation of dogs.
Unless otherwise set out in this bylaw, any term defined in MGL c. 140, § 136A shall have the same meaning in this bylaw, and is expressly incorporated herein.
A person or firm appointed to enforce the provisions of this bylaw.
One pack or collection of three or more dogs on a single premises, maintained for breeding, boarding, sale, training, hunting or other purposes for a fee, and including any shop where dogs are sold.
Any animal of the canine species, both male and female.
A license issued for the keeping of several dogs over the age of six months in a single private residence.
The time between January 1 and the following December 31, both dates inclusive.
The Select Board of the Town of Erving.
Any person or persons, individual, partnership, company, firm, association or corporation owning or keeping, or who or which has in his or its possession, for seven consecutive days in any calendar year, a dog or any other animal, licensed or unlicensed, and cannot show to the satisfaction of the Animal Control Officer that such animal was sold, has died, or has been given away or otherwise disposed of. Further, if the owner or keeper of a dog or other animal is a minor, the parent or guardian of such minor shall be held liable for any violation of this bylaw.
A.
The Select Board shall annually appoint in the month of May an Animal Control Officer under the provisions of MGL c. 140, §§ 151 and 151A to carry out the provisions of this bylaw, and to perform such other duties and responsibilities as may, from time to time, be determined.
B.
The Animal Control Officer shall seek out, catch and confine any dogs within the Town that are found on public property, or on private property where said dog is trespassing and the owner or person in control of such property wants the dog removed, if said dog is in violation of any section of this bylaw.
C.
The Animal Control Officer shall investigate complaints of unlicensed dogs and shall, upon satisfactory evidence obtained or observed by the Animal Control Officer, issue warnings and fines to the owner or keeper of such dogs, subject to noncriminal disposition as provided in MGL c. 140, § 173A. Owners cited for failure to license a dog which otherwise must be licensed under this bylaw shall obtain a license forthwith and pay any late licensing fee; unlicensed dogs may also be impounded by the Animal Control Officer and owners shall pay all the charges associated with impoundment.
D.
It shall be the duty of the Animal Control Officer to keep accurate and detailed records of the impoundment and disposition of all dogs held in custody; a monthly telephone log of all calls regarding dogs; all bite cases reported and the investigation of same; and to submit quarterly reports to the Select Board, with a copy to the Town Clerk. (MGL c. 140, § 152)
A special Dog Fund account is hereby created by the Town of Erving. Said fund shall be used as a depository for all monies collected as fees, fines, charges, penalties and other like monies imposed under this bylaw. Funds may be appropriated from this fund to make purchases necessary to administer this bylaw and to pay any expenses relating to this bylaw or for any other costs that MGL c. 140 requires to be paid. Receipts allocated to this fund shall be deposited in a special account by the Town Treasurer.
[Amended 8-28-2024 STM by Art. 2]
A.
Whoever is the owner of a dog or cat six months of age or older shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer's directions, and shall cause such dog or cat to be revaccinated at intervals recommended by the vaccine's manufacturer. Said owner shall produce a veterinarian's certificate that such dog or cat has been so vaccinated, setting forth the date of such vaccination and the duration of immunity; or a notarized letter from a veterinarian that a certification was issued. (MGL c. 140, § 145B)
B.
Unvaccinated dogs and cats acquired or brought into the Town shall be vaccinated within 30 days after acquisition or entry into the Town or upon reaching the age of six months, whichever comes later.
C.
Dogs and cats with lapsed vaccinations shall be revaccinated in accordance with rules and regulations adopted and promulgated by the Department of Public Health.
D.
The Select Board may grant an exemption from this section for a dog that:
(1)
The Board of Health has declared exempt from the rabies vaccination requirement upon presentation of a veterinarian’s certificate stating that because of an infirmity, other physical condition or regimen of therapy, such inoculation is considered inadvisable for a specified period of time for such reasons;
(2)
Is in transit; or
(3)
Was brought into the Town temporarily for the sole purpose of display in a show or for exhibition.
[Amended 8-28-2024 STM by Art. 2]
A.
Every dog over the age of six months kept in the Town of Erving shall be duly registered, numbered, described and licensed. Every person who becomes the owner or keeper of such a dog shall, within 30 days of its becoming six months old or 30 days of becoming its owner or keeper, whichever shall last occur, obtain a license for said animal. (MGL c. 140, §§ 137 and 139)
B.
Any owner or keeper of several dogs may acquire a hobby kennel license.
C.
Each hobby and commercial kennel shall be available for inspection by the Animal Control Officer, a natural resources officer, fish and game warden, police officer, or Building Inspector or the Board of Health. (MGL c. 140, § 137C)
D.
In addition to any other information required for a dog license, an applicant must provide the Town Clerk with the applicant's name, address, and phone number. An owner or keeper of a dog who refuses to answer or answers falsely to persons directed or authorized to collect the required information shall be punished by a fine established by the Licensing Board. (MGL c. 140, § 150)
E.
The registering, numbering, describing and licensing of a dog shall be done by the Town Clerk on a form prescribed and supplied by the Town Clerk, and shall be subject to the conditions expressed therein that the dog which is the subject of the license shall be controlled and restrained from killing, chasing or harassing livestock, fowl or wildlife. (MGL c. 140, § 137)
F.
No license fee shall be refunded, in whole or in part, for any reason. (MGL c. 140, § 139)
G.
The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable materials, to which shall be securely attached a tag on a form prescribed by and distributed by the Town Clerk when a license is issued. Such tag shall state "Town of Erving," the year of issue and tag number. The Town Clerk shall maintain a record of the identifying numbers. (MGL c. 140, § 137)
H.
If any such tag is lost, the owner shall secure a substitute tag issued by the Town Clerk. (MGL c. 140, § 137)
I.
The Town Clerk shall not grant any license until and unless a current rabies vaccination certificate for the animal to be licensed has been presented, or certification that such dog is exempt from the vaccination requirement under MGL c. 140, § 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog. (MGL c. 140, § 137)
J.
A transfer license from another location in Massachusetts shall be granted upon application, provided that adequate proof is presented to the Town Clerk at the time of application. Such application shall occur within 30 days of establishing residency within the Town of Erving. (MGL c. 140, § 146)
A.
Commercial kennels must be fully licensed pursuant to the provisions of MGL c. 140, § 137A.
B.
Prior to issuing commercial or hobby kennel licenses, written approval from the special permit granting authority must be provided stating said kennel is in conformity to the Erving Zoning Bylaw (Chapter 230 of the Town Code).
C.
The kennel license period shall be the same as for individual licensing.
D.
Any person maintaining a kennel as defined herein shall, upon application, be issued a kennel license. Prior to the issuance of a kennel license, the Animal Control Officer or Town of Erving Animal Control Officer or Board of Health may inspect the proposed facilities to ensure they comply with any rules and regulations of the Board of Health as they may relate to kennels. (MGL c. 140, § 137C)
E.
The Town Clerk shall, upon application and without charge, issue a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse and for the relief of suffering among animals. (MGL c. 140, § 137A)
F.
Petitions or complaints against any kennel shall be filed with the Select Board. The Select Board, or its designee, shall have investigatory powers over any such petitions or complaints. Said investigation shall be conducted within seven days after the filing of such petition or complaint, and notice shall be given to all parties of interest of a public hearing to be held before the Select Board within 21 days after the date of such notice. After such public hearing the Select Board may make an order either revoking or suspending such kennel license or otherwise regulating such kennel, or dismissing said petition. Within 10 days after receipt of such order, the holder of such license may bring a petition in the District Court as outlined in MGL c. 140 § 137C. Any person maintaining a kennel after the license has been revoked, or while such license is suspended, shall be punished as set forth in the penalty provision of this bylaw.
A.
Whoever suffers any loss by the worrying, maiming or killing of his livestock or fowl by a dog which is outside the premises of the owners or keepers may inform the Select Board, which shall investigate the damages done, determine whether the same was inflicted by a dog, and determine what part of the damages are to be paid by the Town. The Select Board shall then notify the Town Treasurer to make payment of that Town of Erving sum from available funds received by the Dog Fund; provided, however, no owner shall be reimbursed if, at the time of the loss, the owner was in violation of this bylaw. (MGL c. 140, § 161)
B.
Whoever suffers loss by the worrying, killing or maiming of his livestock or fowl by dogs shall inform the Animal Control Officer, or other authorized agent, who shall forthwith proceed to the scene to view the damage, determine if the damage was in fact done by dogs and, if so, appraise the amount of damage if it does not exceed $100. (MGL c. 140, § 161)
C.
If, in the opinion of the aforementioned agent of the Town, the damage exceeds $100, the damage shall be appraised on oath by three persons, one of whom shall be this agent of the Town, one shall be appointed by the person alleged to have suffered the loss and the third appointed by these two. (MGL c. 140, § 161)
D.
Said appraisers shall consider and include in 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 medical treatment in an effort to save them, and the number and kind of such animals. Such report shall be filed in the office of the Select Board within 10 days of said appraisal. The Select Board may require the appraisers to provide any additional information that it deems appropriate. The appraisal will be reviewed and submitted for payment as deemed appropriate. (MGL c. 140, § 161)
E.
Reimbursement may be denied or limited in accordance with MGL c. 140, § 161A.
F.
The owner of a dog which has done damage to livestock or fowl shall be liable in tort to the Town for all damages so done and in which the Town has been requested to pay as provided by MGL c. 140 or by this bylaw. Such action may be brought by the Select Board or any officer of the Town designated by the Board to do so. 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 the District Court for the enforcement of the order.
G.
The owner or keeper of any animal injured or killed by a motor vehicle shall be responsible for the cost of all rescue response, emergency care, treatment and/or disposal of said animal.
A.
Each person who owns, possesses or controls a dog walking in any area within the Town other than his/her own private property is responsible for the removal and proper sanitary disposal of any feces left by the dog on any location within the Town. Unless said feces are removed, the owner, keeper and the person then walking or otherwise in charge of said animal (or if the owner, keeper or person shall be under the age of 18, then the parent or guardian) shall be deemed to have committed a punishable offense.
B.
The provisions of this section shall not apply to a service animal as defined by the Americans with Disabilities Act while actually engaged in the performance of its trained duties with a disabled person.
[Amended 8-28-2024 STM by Art. 2]
No person shall own or keep in the Town any dog, whether licensed or unlicensed, which bites, barks, howls or in any other manner disturbs the public peace, or endangers the safety of any person, domesticated animal or farm animal.
[Amended 8-28-2024 STM by Art. 2]
Complaints of nuisance or dangerous dogs will be handled in accordance with MGL c. 140, § 157, as amended.
A.
Dog owners, keepers and persons otherwise in charge are required to physically restrain their dogs by leash when they are not on the owner's property, except if it be on the premises of another person with the knowledge and permission of such other person. In any prosecution hereunder, the presence of such dog at large upon premises other than the premises of the owner or keeper of such dog shall be prima facie evidence that such knowledge and permission was not had.
B.
The following are excepted and excluded from the provisions of this section:
(1)
The Select Board may designate times and places on public park property where dogs may be exercised or trained while under the control and supervision of their masters.
(2)
Any dog(s) when the same is under the supervision and control of its trainer, owners or keepers and engaged in a sporting event or hunting and not otherwise prohibited by law.
(3)
Any working dogs, such as police dogs, farm dogs, service and therapy dogs, hunting dogs, or watch dogs, shall be allowed to perform their necessary duties with the proper restraint and control as may be required by their master or person or persons in whose charge the dog is assigned.
C.
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.
A.
The Animal Control Officer, or a police 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)
If found at-large or unmuzzled, as the case may be, while an order for the restraint of such dog is in effect;
(2)
For having bitten any person;
(3)
If found in a school, school yard, or public recreational area;
(4)
For having killed or maimed or otherwise damaged any other domesticated animal, including livestock and fowl;
(5)
For chasing any vehicle upon a public way or ways open to public travel in the Town; or
B.
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 (copy to Town Clerk) a report of his/her action and the reason therefor. Upon receipt of such report, the Board may make such order concerning the restraining, muzzling or disposal of said dog as may be deemed necessary. If the Board fails 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.
C.
A police officer or Animal Control Officer may capture, detain, or, in the case of a threat to public safety, euthanize a dog ordered to have been restrained if such dog is found outside of its enclosure and not under the immediate control of its owner or keeper; and, if a dog ordered to be restrained shall wound any person or wound or kill any animal, the owner or keeper of such dog shall be liable in tort to the person injured thereby in treble the amount of the damages sustained. (MGL c. 140, §§ 158 and 159)
[Amended 8-28-2024 STM by Art. 2]
The owner or keeper of any dog that has been ordered to be restrained, muzzled or disposed of under this bylaw may, within 10 days after such an order is issued, bring petition in the District Court requesting that such order be reviewed by the Court, and the Court shall review such action, hear witnesses and reaffirm or reverse the order of the Select Board. The decision of the Court shall be final and conclusive on both parties.
[Amended 8-28-2024 STM by Art. 2]
A.
It shall be the duty of the Animal Control Officer to investigate complaints concerning any dogs which are alleged to be in violation of this bylaw and to apprehend any dog found by him to be a public nuisance and to impound such dog in a suitable place or to order the owner thereof to restrain said dog.
B.
Animal Control Officers or, in their absence, police officers may cause a dog to be impounded for any of the following causes:
(1)
If found without a license when a license is required;
(3)
For violation of a restraining or muzzling order as provided for in § 121-16 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 domestic animal;
(6)
To restore peace when the owner or keeper of a dog is otherwise unavailable, unwilling, or physically unable to restrain his dog from causing a nuisance by continuous barking or howling;
(7)
To ensure the safety and well-being of the particular dog;
(8)
For any violation of this bylaw.
C.
No later than two days after the impounding of any dog the owner or keeper shall be notified, or if the owner or keeper of the dog is unknown or, after reasonable efforts, is not contacted, written notice shall then be posted for seven consecutive days in the location for posting notices in the Town Hall, which notice shall describe the dog and the place and time of taking. Dogs impounded and unclaimed by the owner or keeper after such seven-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A.
D.
Prior to the end of said seven-day period, the owner or keeper may obtain the release of any dog impounded hereunder by obtaining a license as required by law if the dog is currently not legally licensed, and after paying all pound fees, fines, medical costs and notification costs, if any.
E.
A person who owns or keeps the dog and who has received such notice that the dog has been impounded and is eligible for immediate release and does not within seven days claim said dog at the pound shall be punished by a fine as provided in § 121-20 to cover the board and disposal of such dog.
F.
Any dog which has been impounded under the provisions of this bylaw and has not been redeemed by its owner or keeper within seven days may be humanely destroyed by the Animal Control Officer, or placed in custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of these regulations and such other regulations as shall be fixed by the Town of Erving, or shall otherwise be disposed of in accordance with the provisions of MGL c. 140, § 151A, as amended.
[Amended 8-28-2024 STM by Art. 2]
A.
No fee shall be charged for a license for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. (MGL c. 140, § 139)
B.
License/Kennel fees shall be established by the Town in accordance with MGL c. 140, § 139. The current fee schedule is available in the Town Clerk's office.
[Amended 8-28-2024 STM by Art. 2]
A.
Noncriminal disposition.
(1)
Whoever violates any provision of the dog bylaws, or of any duly adopted and filed rules and regulations of the Board of Health for animal control, the violation of which is subject to a specific penalty, may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D. The Animal Control Officer, any police officer, any person so designated by the Select Board, and the Select Board are designated as the enforcing persons for noncriminal disposition enforcement of the dog bylaws.
(2)
Fines for violations of any provision of this bylaw shall be as follows:
(3)
Owners of dogs who receive five or more notices of violation of this bylaw in a two-year period shall be subject to a hearing before the Select Board under the provisions of MGL c. 140, § 157.
B.
Criminal disposition. Any person who violates any provision of this bylaw, or of any duly adopted and filed rule and regulation of the Board of Health for animal control, shall be fined, if convicted, according to the schedule listed in Subsection A. The fine for violating any section of this bylaw shall be an amount not exceeding $100 for the first offense and not less than $100 nor more than $500 for each subsequent offense in any calendar year.
C.
If the owner of a dog fails to respond to a citation within 21 days, the Animal Control Officer shall forward a copy of the citation to the District Court, where it shall be handled under the provisions of MGL c. 40, § 21D.
D.
Enforcement of this bylaw under the noncriminal disposition process shall be carried out by the Animal Control Officer, members of the Board of Health when so designated by the Board of Health, any person having police powers, or other person so designated by the Select Board.
E.
Each day or part thereof of violation of any provision of this bylaw or such rules and regulations, whether such violation is continuous or intermittent, shall constitute a separate and succeeding offense.
A.
If any part, section or provision of this bylaw is found to be invalid, the remaining parts, sections, or provisions of this bylaw shall not be affected thereby.
B.
In the event that a conflict arises between MGL and this bylaw, the terms shall be interpreted liberally in favor of this bylaw.
C.
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.
No more than four dogs may be kept at any private residence. Persons owning more than four dogs prior to the passage of this bylaw are permitted to keep such dogs, but may not replace them in excess of the permitted total. This section shall not be applicable to dogs under the age of six months.
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 Erving and must immediately, upon conviction, surrender all animals in their possession to the Animal Control Officer.
Any registered veterinarian who renders emergency care or treatment to, or disposes of, a dog or cat that is injured on any way shall receive payment from the owner of such dog or cat, if known, or, if not known, from the Town of Erving Dog Fund in an amount not to exceed $100 for such care, treatment or disposal; provided, however, such emergency care, treatment or disposal shall be for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of 24 hours, whichever is sooner. Any veterinarian who renders such emergency care or treatment to, or disposes of, such dog or cat shall notify the Erving Animal Control Officer and, upon notification, such Animal Control Officer shall assume control of such dog or cat.
[Amended 8-28-2024 STM by Art. 2]
The Select Board or its authorized agent may order any dog which the Board or said person has reason to believe is infected with a contagious disease of a serious nature to be quarantined or isolated for at least 10 days upon the premises of the owner or of the person in whose charge it is found, or in such other place as the Select Board or agent may designate. A dog which has been quarantined or isolated by order of the Select Board or its agent shall, during the continuance of such quarantine or isolation, be deemed to be infected with a contagious disease. The owner or keeper shall be responsible for any fees incurred for any off-premises quarantine. Whoever knowingly breaks or authorizes or causes to be broken a quarantine so imposed, or whoever contrary to such order of quarantine or isolation knowingly removes a dog or authorizes or causes it to be removed from a building, place or enclosure where it is quarantined or isolated, or whoever contrary to an order or notice of quarantine knowingly places or causes or authorizes to be placed any other animals within a building, place or enclosure where a dog is quarantined or in contact therewith, or knowingly causes or authorizes to be concealed, sold, removed or transported a dog, knowing or having reasonable cause to believe that it is infected with a contagious disease, or whoever knowingly authorizes or permits such dog to go at large within the Town of Erving, shall be punished in accordance with § 121-20. Any such dog found at large by the Animal Control Officer, or other authorized agent of the Town, shall be captured and confined at the expense of said owner or keeper.
A.
The owner of a dog that receives a citation under this bylaw may, within 21 days, confess to the offense charged by delivering personally or through a duly authorized agent or by mailing to the Town Clerk said citation along with payment in the amount as authorized under the penalty provisions of this bylaw. The payment to the Town Clerk shall operate as a final disposition of the case.
B.
If such person, when issued a citation, desires to contest the violation through the informal disposition process, he may, within 21 days of said issuance, request a hearing with the Licensing Board, and may present, either in person or by counsel, any evidence he may have to refute the allegation contained in the citation. At such hearing, the Licensing Board shall make a determination as to the facts, and said determination shall be final regarding the informal disposition process.