[HISTORY: Adopted by the Town Meeting of the Town of Topsfield as indicated in article histories. Amendments noted where applicable.]
[Adopted as amended 11-17-1987 TM by Art. 10; 5-2-1990 TM by Art. 46; 5-6-1992 TM by Art. 25; 5-4-1993 TM by Art. 41; 5-7-1996 TM by Art. 52; 5-6-2008 TM by Art. 25; 5-1-2012 TM by Art. 30; and 5-7-2013 ATM by Art. 46 (Ch. XXIII of the General Bylaws)]
The purpose of the Topsfield Canine Regulation Bylaw, hereinafter called the "bylaw", is to:
A. 
Establish a Town-wide program to register dogs owned by Topsfield residents.
B. 
Establish fees for the registration of dogs and to set fines for violations of the bylaw.
C. 
Establish rules and regulations for the control of dog complaints caused by nuisance.
D. 
Authorize a Town agent to enforce the provisions of the bylaw.
A. 
Registration of dogs. Notwithstanding the provisions of MGL c. 140, § 137 or any other provision of law to the contrary, the registering, numbering, describing and licensing of dogs kept in the Town shall be conducted in the office of the Town Clerk.
B. 
Manner of display. The owner or keeper of a dog registered in Topsfield shall cause it to wear around its neck or body a collar or harness to which shall be securely attached a tag in a form as prescribed by the Town Clerk and available at the Town Clerk's office.
C. 
Fees established.
(1) 
Notwithstanding the provisions of MGL c. 140, § 139 or any other provision of law to the contrary, the annual fees to be charged by the Town for the issuance of licenses for all dogs six months old or older shall be:
(a) 
All dogs neutered or spayed (male or female): $15 per registered dog.
(b) 
All dogs not neutered or spayed (male or female): $20 per registered dog.
(c) 
Kennel (four or more dogs): $200; maximum 50 tags.
(2) 
Any owner or keeper of a dog, owned or kept in Topsfield as of January 1 of each year, who fails to register that dog on or before January 31 of each year shall pay a late fee of $25 in addition to any other fees provided for in this bylaw, for each such dog not registered in accordance with the provisions of this section.
(3) 
In the event any dog over six months old becomes owned or kept in Topsfield after January 1 of each year, the owner or keeper shall register such dog within 30 days of the date the dog became so owned or kept, or pay the late fee as provided for in this section.
(4) 
No dog shall be licensed for the current year until all fees and fines from the previous year have been paid.
(5) 
No fee shall bee charged for a license under this section for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder.[1]
[Added 5-8-2021 ATM by Art. 33]
[1]
Editor's Note: Original § 23-2.4 of the General Bylaws, Fees to Be Paid into Town Treasury, which immediately followed this section, was repealed 5-8-2021 ATM by Art. 33.
D. 
Damages paid from Town Treasury. Notwithstanding the provisions of MGL c. 140, § 147 or any other provision of law to the contrary, whoever suffers loss by the worrying, maiming or killing of his livestock or fowl by dogs outside the premises of the owners or keepers of such dogs shall, after investigation as provided in MGL c. 140, § 161, be paid from the Town Treasury as provided in MGL c. 140, § 161.
A. 
Definition of nuisance. Animal behavior which constitutes a nuisance includes, but is not limited to, the following: molesting passersby or passing vehicles (including bicycles), attacking persons or domestic animals, trespassing on school grounds or other public property, damaging public or private property, barking, whining, or howling in an excessive, continuous, or untimely fashion.
B. 
Duties and powers of Animal Control Officer. The Animal Control Officer shall attend to all complaints, and other matters pertaining to dogs, and shall take whatever legal action is authorized by law. The Animal Control Officer shall be empowered to enforce this bylaw, and no person shall interfere with or hinder, molest or abuse any Animal Control Officer in the exercise of such powers.
C. 
Abandoned and abused dogs. The Animal Control Officer shall confine any animal found to be without adequate care, or found in unsanitary or unsafe conditions or that has been abused, abandoned, or neglected. Any such animal shall be confined for not less than three days.
D. 
Impounded dogs. Impounded dogs shall be kept for seven days unless reclaimed by their owners. Dogs not claimed by their owners within seven days or placed in suitable new homes may be humanely euthanized by the Animal Control Officer or by an agency delegated by him to exercise that authority.
[Amended 5-8-2021 ATM by Art. 33]
E. 
Quarantined dogs. Any dog which bites a person shall be quarantined for 10 days if ordered by the Animal Control Officer. During quarantine, the dog shall be securely confined and kept from contact with any other animals. At the discretion of the Animal Control Officer, the quarantine may be on the premises of the owner. If the Animal Control Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital.
F. 
Female dogs in heat. If the Animal Control Officer determines that a female animal, in heat, even when confined to the property of the owner or keeper, is attracting other animals to the area, which condition causes disturbance or damage to neighboring property or public areas, the Animal Control Officer may require the owner or keeper to place and keep the animal while in heat in a kennel or to remove it from the area so that the nuisance is abated.
G. 
Uncontrolled dogs. The Animal Control Officer is authorized to require owners or keepers of dogs to prevent such dogs from running at large in schools, school playgrounds, parks or public recreational areas. The Animal Control Officer is further authorized to require owners or keepers of dogs to restrain their dogs from running at large when it has been determined by the Animal Control Officer that the dog is an annoyance, is dangerous, is known to cause damage in the neighborhood, or further is on the property of an owner who does not wish the dog on his or her property.
H. 
Barking dogs. If the Animal Control Officer determines that an animal is a nuisance due to excessive barking, whining or howling in a continuous or untimely fashion, the Animal Control Officer is authorized to order the owner or keeper to house the animal.
I. 
Fee and fine enforcement. All pound fees, pickup fees and fines, including the licensing fee, shall be paid by the owner or keeper before release of the dog or dogs.
J. 
Pick-up fees. The owner of any stray dog picked up by the Animal Control Officer shall be charged a $25 fee.
K. 
Appeal of order. The owner or keeper of a dog, about which the Animal Control Officer has issued an order under the above sections of the bylaw, who wishes to appeal the order, may make such an appeal in writing to the Select Board within 10 days of the issuance of the order. In the event of such an appeal, the Select Board will hold a public hearing.
A. 
Violation; fines. Any person violating any provision of the bylaw, other than those provisions of § 111-2C relating to the deadline for registering dogs, shall be deemed guilty of a misdemeanor and shall be punished by a fine of $25 for the first offense and $50 for each subsequent offense. If any violation is continuing, each day's violation shall be deemed a separate violation. Complaints will be sought in District Court according to MGL c. 140, § 173A. Under the provisions of this bylaw, the Town Clerk is authorized to accept payment of fines for violations, sought in the District Court.
B. 
Enforcement officer. The Animal Control Officer and/or police are hereby authorized to issue a notice of violation to an owner or keeper who has violated any provision of the bylaw.
C. 
Enforcement authority. Notwithstanding the provisions of this bylaw, all other aspects of MGL c. 140, §§ 136A through 174F, shall still be in effect.
[Amended 5-8-2021 ATM by Art. 33]
[Adopted 5-7-2019 ATM by Art. 33; amended in its entirety 6-20-2020 ATM by Art. 26 (Ch. LXVII of the General Bylaws)]
The purpose of this bylaw is to prevent the cruel and inhumane treatment of certain wild and exotic animals displayed for public entertainment in the Town of Topsfield.
As used in this bylaw, the following terms shall have the meanings indicated:
DISPLAYED
This term shall include animal acts or performances, animal rides, photographic opportunities, and parades.
DOMESTICATED ANIMAL
Any animal occurring naturally or historically in the United States, that through long association with humans has been bred to a degree which has resulted in changes affecting the temperament, color, conformation or other attributes of the species to the extent that makes it unique and different from wild animals of its kind.
ENTERTAINMENT
Any wild animal circus or other carnival, traveling show, fair, or presentation in which wild or exotic animals are required to perform tricks or are used in performances for the amusement of an audience.
TRAVELING SHOW
Any mobile or stationary act, public show, trade show or similar undertaking incorporating wild or exotic animals as defined in this bylaw wherein the animals are taken from their permanent residence and required to walk or travel for any distance.
WILD OR EXOTIC ANIMAL
Any or all of the following, whether born in the wild or in captivity:
A. 
Elephants;
B. 
Lions;
C. 
Tigers;
D. 
Ocelots;
E. 
Cheetahs;
F. 
Jaguars;
G. 
Cougars;
H. 
Lynx;
I. 
Bears;
J. 
Giraffes;
K. 
Camels;
L. 
Zebras;
M. 
Kangaroos;
N. 
All non-human primates.
No living wild or exotic animal as defined in this bylaw shall be displayed or used for public entertainment on any property in the Town of Topsfield, including land owned by the Town, leased by the Town, or private property, and regardless of how such public entertainment is characterized, including, for example, a circus, carnival, fair, traveling show, exhibit, or similar event or undertaking.
The provisions of § 111-7 shall not apply to:
A. 
Domesticated animals, including, but not limited to, dogs, cats, horses, and farm animals.
B. 
Any nondomesticated animal that is not included in this bylaw's definition of "wild or exotic animal."
C. 
Exhibits that are part of an organization that is accredited by the Association of Zoos and Aquariums (AZA).
This bylaw shall be enforced by any available means in law or equity, including but not limited to enforcement by noncriminal disposition pursuant to MGL c. 40, § 21D. Display of a wild or exotic animal in violation of this bylaw shall constitute a separate violation for each day such violation exists. When enforced through noncriminal disposition, the penalties shall be as follows:
A. 
First violation: $100.
B. 
Second violation: $200.
C. 
Third violation and subsequent offenses: $300.