[Adopted by the Town Meeting of the Town of Norfolk 5-8-2021 by Art. 20 (Art. XIII of the General Bylaws). Amendments noted where applicable.]
The definitions of words and terms set forth in MGL c. 140, § 136A, are incorporated into this bylaw and shall be applicable herein.
A.
The Select Board shall annually appoint an Animal Control Officer, upon recommendation of the Town Administrator, who shall be responsible for the enforcement of this bylaw and the General Laws relating to the regulation of animals.
[Amended 5-14-2025 ATM by Art. 28]
A.
In accordance with MGL c. 140, § 137, any owner or keeper of a dog six months of age or older shall, beginning January 1, cause the dog to be registered, numbered, described, and licensed with the Town Clerk in accordance with the laws of the Commonwealth of Massachusetts. The license shall be valid until the following December 31.
B.
As a prerequisite to such licensing, the owner or keeper of the dog must present evidence to the Town Clerk that the dog, if six months of age or older, shall have a current vaccination against rabies and proof of spaying or neutering, if applicable. The fee for such a license shall be:
(1)
Males and females (intact): $15.
(2)
Neutered males and spayed females: $10.
(3)
Dog owners over the age of 70: no fee.
(5)
Dangerous dog relicensing fee: $30.
(6)
Personal kennels (more than four dogs with a limit of 10 dogs, subject to inspections and ACO approval): $100.
(7)
Commercial kennels (subject to inspections and ACO approval): $250.
C.
Should any owner of a dog previously licensed in the Town of Norfolk fail to relicense their dog by March 31, the owner shall pay a late fee of $50 after March 31.
(1)
The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness to which shall be securely attached the tag evidencing current rabies inoculation and the license issued by the Town Clerk of Norfolk for the current license period.
B.
Leash law. No dog shall be allowed in or on any public place, public way or street, or any place to which members of the public have access as invitees or licensees within the Town, unless such dog is effectively restrained or unless it is confined within a motor vehicle. A dog is under restraint for purposes of this bylaw if it is accompanied by its owner or other person responsible for the dog, who is in full control, and such dog is securely restrained with a collar and leash or such dog is under immediate and effective voice control. For purposes of this bylaw, the dog must be within the keeper's sight and the keeper must be carrying a leash, whether the dog is securely restrained or under effective voice control.
C.
Dog excretions on either public or private property must be removed and disposed of immediately by the owner(s) or keeper(s) of the dog or the person(s) under whose care and control the owners have placed the dog.
D.
Dogs on Town property. Any dog, while on any property owned or controlled by the Town of Norfolk, shall remain under the control of its owner or keeper in the manner prescribed by the regulations promulgated by the board, committee or officer having control of said property.
E.
Service animals. Subsections B through D shall not apply to service animals as defined by the Americans with Disabilities Act[1] or regulations promulgated thereunder; dogs belonging to a law enforcement agency or formally trained as search and rescue animals, provided that such dogs are acting in the line of duty; or with permission of the landowner for the purpose of training dogs or hunting.
B.
Issuance of temporary restraint orders. The Animal Control Officer may issue a temporary restraint order ("TRO") to the owner or keeper of a dog that is alleged to be a nuisance or dangerous dog and is awaiting a written decision under § 113-5A. The TRO may require, subject to such terms and conditions that the Animal Control Officer determines in her/his discretion to be necessary to protect public health and safety, that such dog remain confined to its owner's or keeper's premises pending the Select Board's issuance of such written decision. A TRO shall be in force for no more than 30 days, except that the Animal Control Officer may renew the TRO, in writing, until such time as the Select Board has issued a written decision following a hearing pursuant to MGL c. 140, § 157. The Animal Control Officer's order shall expire upon the issuance of such written decision from the Select Board following the nuisance or dangerous dog hearing.
C.
Impoundment by Animal Control Officer. It shall be the duty of the Animal Control Officer to apprehend any dog found at large in any street or public place within the Town of Norfolk in violation of any of the provisions of this bylaw and to impound such a dog. The Animal Control Officer, upon receiving any such dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. The owner of the dog, if known, shall be notified as soon as possible that the dog has been impounded. The owner of any dog so impounded may claim such dog upon reimbursement to the Town of the expenses for maintaining said dog while impounded, in addition to the fines established in § 113-9E hereof. Prior to its release, any dog that is at least six months of age must have proof of current rabies inoculation, shall have a proper license from the Town Clerk and shall be properly tagged.
D.
Disposition of unclaimed dogs and cats. Any dog or cat whose owner or keeper fails to claim said dog or cat within seven days from the day of impounding shall be subject to the provisions set forth in Chapter 140, Section 151A, of the General Laws of the Commonwealth of Massachusetts, and any amendment thereto. This subsection shall also be applicable to stray cats.
E.
Recordkeeping. The Animal Control Officer shall keep accurate, detailed records of the confinement and disposition of all dogs held in custody, all bite cases recorded, and the results of investigations. The Animal Control Officer shall maintain a log of all communications received regarding dogs and submit a monthly report summarizing the log to the Town Administrator.
No owner or person having the care of any sheep, goats, swine, oxen, cows, horses or other grazing animals or fowl shall permit or suffer same to go at large or to graze on any street, way, common, square or other public place within the Town; nor permit any such animal to go upon any sidewalk therein except for the purpose of crossing same.
No person shall keep any bird, fowl, or other animal which, by barks, howls or other noises, disturbs the peace and quietness of any resident of the Town.
A.
The failure of the owner or keeper of any dog or pet to comply with this bylaw or with any order of the Animal Control Officer or the Select Board shall be a violation of this bylaw.
C.
Allowing a dog to roam at large:
(1)
In addition to the remedy of impoundment as set forth in this bylaw, the requirements of this bylaw (except §§ 113-5A and 113-6B hereof) may be enforced by the Animal Control Officer, or any police officer of the Town, through any means available in law or equity, including but not limited to criminal indictment in accordance with MGL c. 40, § 21; MGL c. 140, § 173A; and noncriminal disposition in accordance with MGL c. 40, § 21D; and the Town General Bylaws Chapter 1, Article I, Noncriminal Disposition, each as may be amended from time to time. When enforced in accordance with MGL c. 40, § 21, the maximum penalty shall be $300, and each day a violation exists shall constitute a separate violation.
D.
Violation of an order to restrain nuisance or dangerous dog:
(1)
In addition to the remedies set forth in this bylaw, § § 113-5A and 113-6B may be enforced by the Animal Control Officer, or any police officer of the Town, through any means available in law or equity, including but not limited to MGL c. 140, § 157; MGL c. 140, § 157A; MGL c. 140, § 173A; criminal indictment in accordance with MGL c. 40, § 21; and noncriminal disposition in accordance with MGL c. 40, § 21D; and the Town General Bylaws Chapter 1, Article I, Noncriminal Disposition, each as may be amended from time to time. When enforced in accordance with MGL c. 140, § 157A, an owner or keeper of a dog who fails to comply with an order of the Select Board or district court shall be punished, for a first offense, by a fine of not more than $500 or imprisonment for not more than 60 days in a jail or house of correction, or both, and for a second or subsequent offense by a fine of not more than $1,000 or imprisonment for not more than 90 days in jail or house of corrections.
(2)
(4)
The Animal Control Officer or any Town of Norfolk police officer shall seize and impound any dangerous dog found outside of its enclosure in violation of this bylaw or any order or TRO issued by the Animal Control Officer, the Select Board or the court.
E.
If the Animal Control Officer confines a dog and the dog owner or keeper does not pay all fees directly to the kennel or veterinary clinic, then the dog's owner or keeper shall be required to reimburse the Town for any expenses incurred in boarding that dog. If the dog has not been licensed, the owner or keeper shall obtain a license and pay any applicable fine before the dog can be released.