[HISTORY: Adopted by the Annual Town Meeting of the Town
of Groton 5-20-1980 by Art. 42; amended in its entirety 10-3-2020 by Art. No. 22. Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A dog is considered abandoned within the meaning of this
chapter when it has been left alone or unattended by the owner for
any period greater than 24 hours without the owner providing for its
needs.
An appointed officer authorized to enforce MGL c. 140, §§ 136A
to 174F, inclusive.
Off the premises of the owner and not under the physical
control of the owner or keeper.
Aggressive physical contact initiated by an animal.
Any person, including the Animal Control Officer, who makes
a complaint regarding an animal committing a violation under this
chapter. In the case where the complaint is from other than the Animal
Control Officer, it shall be in writing, using the Groton Dog Incident
Complaint Form.
A formal written report of a dog incident using the Groton
Dog Incident Complaint Form.
A dog that either: (i) without justification, attacks a person
or domestic animal causing physical injury or death; or (ii) behaves
in a manner that a reasonable person would believe poses an unjustified
imminent threat of physical injury or death to a person or to a domestic
or owned animal. No dog shall be deemed to be a dangerous dog if any
of the circumstances provided in MGL c. 140, § 157(a) apply.
An animal designated as domestic by regulations promulgated
by the Department of Fish and Game.
Take the life of an animal by the administration of barbiturates
in a manner deemed acceptable by the American Veterinary Medical Association
Guidelines on Euthanasia.
The Town Manager or the Chief of Police, or the person charged
with the responsibility of handling dog complaints.
A person, business, corporation, entity or society, other
than the owner, having possession of a dog.
A valid and current municipal dog license and dog license
tag.
A dog that: (i) by excessive barking or other disturbance,
is a source of annoyance to a sick person residing in the vicinity;
or (ii) by excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's quiet
and peaceful enjoyment; or (iii) has threatened or attacked livestock,
a domestic animal or a person, but such threat or attack was not a
grossly disproportionate reaction under all the circumstances.
Any person, group of persons or corporation owning, keeping
or harboring a dog or dogs. The owner is responsible for a dog's actions
at all times.
Control of a dog with a restraint.
Any dog shall be deemed a public disturbance when such dog
is engaged or has engaged in any combination of one or more of the
following activities. Each instance of a public disturbance is considered
to be a violation. Each day of a violation is determined to be a separate
violation.
Destroying, disturbing or otherwise molesting the property,
including refuse, of another while outside the property of its owner,
whether under such owner's physical control or not.
Being upon any public park, playground schoolyard, beach or
in any place to which the public has a right of access while not under
the physical control of its owner or keeper. The determination of
physical control shall be that of the Animal Control Officer.
Being a dog, which is permitted to run unrestrained at large.
The running of hunting dogs, certified service dogs and search and
rescue dogs shall not constitute a public disturbance hereunder. The
exercising of other dogs which are under the physical control of their
owner or keeper shall not constitute a public disturbance hereunder,
providing permission of the landowner has been obtained.
Being upon any public way or in any place to which the public
has a right of access, chasing motor vehicles, bicycles or pedestrians.
Being an unspayed female or unneutered male at large.
Being over the age of six months and not wearing a suitable
collar and current municipal dog license tag issued for it and while
not on the property of the owner.
Being a dog which has been abandoned.
Being a dog which deposits solid waste not removed, or not properly
disposed of, by the dog's owner or agent upon any public park, playground,
schoolyard, beach, public or private way sidewalk, in any place to
which the public has a right of access or any property other than
that of its owner.
The control of a dog by physical means, such as a leash,
fence or other means of physically confining or restraining a dog.
Order to confine or restrain a dog with conditions determined
by the Animal Control Officer.
No owner of any dog shall, while such dog is within the confines
of the Town of Groton, allow such dog to be a public disturbance as
defined above.
Nothing contained in this bylaw shall prevent the Select Board
from passing any orders authorized by law at such times as the Board
shall deem it necessary to safeguard the public.
Public Disturbances.
A.
In all cases it shall be the duty of the duly appointed Animal Control Officer to investigate any violation under § 128-2 of this chapter either witnessed by a police officer or the Animal Control Officer or reported in a written and sworn complaint. The Animal Control Officer shall provide the dog owner and the complainant with a written copy of the complaint and investigation report not more than seven days after the conclusion of the investigation, but in any event, not more than 30 days after receiving the complaint.
B.
If, after the Animal Control Officer's investigation of an alleged violation under § 128-2 of this chapter, such officer has reason to believe that the described violation did in fact occur as set forth in said written complaint or as witnessed by him/her or a police officer, it shall be the Animal Control Officer's duty to issue the owner, in writing, the appropriate order and/or to impose the appropriate fine designed to prevent a recurrence or continuation of such violation. The period of time during which the order shall be in effect shall be on the order. If the complainant and the owner involved agree with the order so issued, then the matter respecting that particular violation under this chapter shall be considered resolved. If the parties are not in agreement, then recourse can be had to the remedies of each under provisions of law.
C.
In all cases it shall be the duty of the Animal Control Officer, if, in his/her opinion, appropriate action is necessary to prevent further or continued violations of § 128-2 of this chapter pending a complete investigation, to take the following action:
(1)
Notify the owner, if known and available, of the alleged violation,
and issue a preliminary order, in writing, requiring the owner to
take appropriate action, pending a complete investigation.
D.
It shall be the responsibility of the owner of any dog impounded under the provisions of Subsection C(2)(b) to reclaim such dog subject to the following criteria: The owner shall pay the Animal Control Officer such sum as is established by the Select Board by regulation for taking the dog into custody and a further sum for room and board as determined by regulations promulgated by the Select Board.
(1)
The owner of the dog shall also be responsible for costs incurred
by the Town or Animal Control Officer for reasonable and customary
care of the dog while in the custody of the Animal Control Officer.
(2)
The owner shall have in his possession a license and related tag
for the dog, both of which shall have been issued with respect to
the dog. The license tag shall be attached to the dog by a suitable
collar before the dog is released from the custody of the Animal Control
Officer.
E.
Disposition of dogs. If an unclaimed dog has been in the custody
of the Animal Control Officer for more than seven days, the Animal
Control Officer may euthanize the dog only after reasonable efforts
to place the dog with a reputable no-kill facility or organization,
and in accordance with applicable provisions of Massachusetts law.
The owner shall be responsible for any costs incurred in the keeping
and disposition of the dog.
[Amended 4-29-2023 ATM by Art. 18]
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Nuisance or dangerous dog complaints.
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A.
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Any person may file a written complaint with the Select Board
and Town Manager, or their designee that a dog kept in the Town is
a nuisance or a dangerous dog. All such complaints must be signed
and include an address and contact information for the complainant.
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B.
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Hearing authority. The Town Manager is designated by the Select
Board as the "Hearing Authority" to oversee the process of responding
to all nuisance or dangerous dog complaints. The Town Manager may
further designate another Town employee as the Hearing Authority when
necessary.
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C.
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Disposition. The Hearing Authority shall investigate or cause
to be investigated the complaint, including an examination under oath
of the complaint at a hearing. Based on credible evidence and testimony
presented at the hearing, the Hearing Authority shall take the following
action:
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(1)
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Nuisance dog. If the dog is complained of as a nuisance dog,
the Hearing Authority shall either:
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(a)
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Deem the dog a nuisance dog; or
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(b)
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Dismiss the complaint.
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(2)
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Dangerous dog. If the dog is complained of as a dangerous dog,
the Hearing Authority shall either:
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(a)
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Deem the dog as a dangerous dog;
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(b)
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Deem the dog a nuisance dog; or
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(c)
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Dismiss the complaint.
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D.
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Report to Town Clerk. The Hearing Authority shall notify the
Town Clerk of any complaints filed and shall report any finding that
a dog is a nuisance dog or a dangerous dog to the Town Clerk.
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E.
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Order valid throughout the Commonwealth. Unless later overturned
on appeal, any order of the Hearing Authority shall be valid throughout
the Commonwealth of Massachusetts.
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F.
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Remedies.
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(1)
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Nuisance dog. If the Hearing Authority has deemed the dog a
nuisance dog, it may order the owner or keeper of the dog to take
remedial action to ameliorate the cause of the nuisance behavior.
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(2)
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Dangerous dog. If the Hearing Authority has deemed the dog a
dangerous dog, it may order one or more of the following remedies:
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(a)
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That the dog be humanely restrained, but no order shall require
the dog to be chained or tethered to an inanimate object such as a
tree, post or building;
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(b)
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That the dog be confined to the premises of the owner or keeper,
meaning securely confined indoors or confined outdoors in a securely
enclosed pen or dog run area that has a secure roof, has either a
floor secured to all sides or is embedded into the ground for at least
two feet, and provides the dog with proper shelter from the elements.
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(c)
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When removed from the premises of the owner or keeper, the dog
be securely and humanely muzzled and restrained with a tethering device
with a maximum length of three feet and a minimum tensile strength
of 300 pounds;
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(d)
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That the owner or keeper provide (i) proof of insurance of at
least $100,000 insuring the owner or keeper against any claim, loss,
damage, or injury to persons, domestic animals, or property resulting
from the intentional or unintentional acts of the dog; or (ii) proof
that reasonable efforts were made to obtain such insurance;
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(e)
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That the owner or keeper provide the Town Clerk, the Animal
Control Officer, or other entity as directed with identifying information
for the dog including but not limited to photographs, videos, veterinary
records, tattooing, microchip implantations or a combination of these;
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(f)
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That the dog be altered so as not to be reproductively intact,
unless the owner or keeper provides evidence of a veterinary opinion
that the dog is medically unfit for such alteration; or
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(g)
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That the dog be humanely euthanized.
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G.
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Restrictions following dangerousness finding:
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(1)
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No dog that has been deemed dangerous shall be ordered removed
from the Town.
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(2)
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Issuance of temporary restraint orders. The Animal Control Officer
may issue a temporary restraint order to the owner or keeper of any
dog that is alleged to be a nuisance dog or a dangerous dog and is
awaiting a decision under this chapter. A temporary restraint order
shall be in force for no more than 30 days unless the Animal Control
Officer renews it in writing for subsequent thirty-day period. The
Animal Control Officer may rescind or stop renewing the order when,
in the Animal Control Officer's judgment, restraint is no longer required.
The Animal Control Officer's order shall expire upon receipt of a
decision from the Hearing Authority on the nuisance dog or dangerous
dog hearing.
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H.
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Appeals. The Hearing Authority's decision shall become
effective upon filing said decision with the Town Clerk with notice
to the owner or keeper. An owner or keeper may further appeal the
Hearing Authority's decision to the district court pursuant to
MGL c. 140, § 157.
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A.
Pursuant to Chapter 140, § 173, of the Massachusetts General
Laws, any person who fails to register, number, describe and license
his or her dog annually by January 1 in the Town of Groton, Middlesex
County, and pay the fees and charges under rules and regulations pursuant
to Chapter 140, § 139 will be required to pay to the Town
of Groton a penalty after the last day of February annually, in accordance
with a Fee/Fine Schedule established by the Select Board. By virtue
of the Town's acceptance of the applicable provision of Section 139
of Chapter 140 of the General Laws, no fee shall be charged for a
license for a dog owned by a person aged 70 years or over, unless
the dog is identified as a dangerous dog.
B.
Failure to comply with this section shall constitute a violation of § 128-2 and may subject the owner of any unlicensed dog to financial penalties as are allowed by this chapter or as provided form regulations promulgated by the Select Board.
C.
All monies received by the Town Clerk's office for the issuance of
dog licenses or other fees, fines, charges, and penalties under § 147
of Chapter 140 of the Massachusetts General Laws and this chapter
shall be paid into the treasury of the Town.
A.
Except as otherwise provided by existing statute or in this chapter,
any person who violates this chapter shall be subject to the payment
of a penalty in the amount of $50 for each violation and for each
day of violation, to be recovered for the use of the Town.
B.
The owner of any dog which is in violation of § 128-2 may be subject to this penalty whether such dog is in the custody of the Animal Control Officer or not. As an alternative to criminal prosecution, the Animal Control Officer and Town police officers, as enforcing persons under this chapter, may enforce this chapter and orders issued hereunder pursuant to the noncriminal disposition statute, MGL c. 40, § 21D and the Town Code, Chapter 1, Article I, § 1-4B(2). When so enforced, the fines shall be as follows:
