As used in this bylaw, the following terms shall have the meanings
indicated:
ANIMAL CONTROL OFFICER
The person or persons employed by the Town authorized to
enforce MGL c. 140, §§ 137 through 174F.
COMMERCIAL BREEDER KENNEL
A single premises, 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.
COMMERCIAL KENNEL
A single premises for boarding, grooming, training, holding,
day care, or overnight stays of animals that are not the property
of the owner of the establishment, at which services are rendered
in exchange for consideration and in the absence of the animal's owner.
DANGEROUS DOG
A dog that either:
A.
Without justification, attacks a person or domestic animal,
causing physical injury or death; or
B.
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.
DOG POUND
Any premises designated by action of the Town for the purpose
of impounding dogs and caring for all dogs found running at large
in violation of this bylaw.
KEEPER
A person, business, corporation, entity of society, other
than the owner, having possession of a dog.
LICENSE PERIOD
The time between January 1 through December 31, both dates
inclusive.
OWNER
Any person, group of persons or corporation owning or keeping
or harboring a dog or dogs.
PERSONAL KENNEL
A collection of more than four dogs, three months old or
older, owned or kept under a single ownership for private personal
use, providing that selling, trading, bartering or distributing shall
be to other breeders or individuals by private sale and not to brokers,
wholesalers, or pet shops and limited to animals bred from personally
owned dogs.
RESTRAINT
A dog is under restraint within the meaning of this bylaw
if it is leashed, or at heel or obedient to the command of a competent
person, or within the property limits of its owner or keeper, or within
a vehicle and incapable of escaping from the vehicle.
The Animal Control Officer or Animal Control Officers shall
enforce the provisions of this bylaw.
The owner shall keep his/her dog under restraint at all times.
Any dog impounded hereunder may be reclaimed as herein provided
upon payment by the owner to the Animal Control Officer for each day
such dog is kept. The Town Clerk maintains the current list of fees
and fines.
[Amended 5-10-2021 ATM by Art. 44]
A. MGL c. 140, § 157, provides that any person can file a complaint to the Select Board identifying a potentially nuisance or dangerous dog. The Select Board shall investigate each complaint and hold a public hearing; see §
109-12D. Based on the evidence provided, three decisions are possible:
(1) Dismiss the complaint — no further action required.
(2) Deem the dog a nuisance — order the owner or keeper of the
dog to take remedial actions to ameliorate the cause of the behavior.
(3) Deem the dog dangerous — order one or more:
(a)
The dog be humanely restrained in accordance with MGL c. 140,
§ 157.
(b)
The dog be confined in accordance with MGL c. 140, § 157.
(c)
If removed from the premises, the dog be securely and humanely
muzzled in accordance with MGL c. 140, § 157.
(d)
That the owner or keeper provide proof of insurance not less
than $100,000 in accordance with MGL c. 140, § 157.
(e)
That the owner or keeper provide identification of the dog in
accordance with MGL c. 140, § 157.
(f)
That the owner or keeper have the dog altered to prevent reproduction
in accordance with MGL c. 140, § 157.
(g)
That the dog be humanely euthanized.
B. Appeal. Within 10 days after the order is issued, the owner or keeper
can petition the district court for a review of the order. The decision
of the court shall be final. Pending an appeal, the Select Board may
file a petition in district court to request an order of impoundment
for a dog complained of being dangerous.
C. Inspection. Fourteen days after the Select Board members issue an
order for a nuisance or dangerous dog, the Animal Control Officer
or the Chief of Police or other persons authorized under the General
Laws shall inspect the owner's residence to verify compliance with
the conditions of the order.
D. Violation. If the owner or keeper of a dog is found in violation
of an order issued by the Select Board under this article and MGL
c. 140, § 157, the dog is subject to seizure and impoundment
by law enforcement or the Animal Control Officer. The owner is subject
to fines and noncriminal proceedings under this section of the bylaw
and M.G.L. c. 40, § 21D.
Penalties for the violation of §
109-6 shall be assessed and collected in accordance with the procedure established under MGL c. 140, § 173A (noncriminal disposition of complaints for violation of dog control laws). The fines begin at the first offense and shall increase for each subsequent offense within the calendar year. The Town Clerk maintains the current list of fees and fines.
Pursuant to the terms of MGL c. 140, §§ 137A, 139(a), 173 and 173A, this Article
II, Licensing, including §
109-10, Kennel licenses, supplements the provisions of MGL c. 140, §§ 137 through 174E, and certain provisions of the Marion Zoning Bylaw. Those statutes and regulations should be reviewed in order
to obtain a complete understanding of the licensing provisions for
dogs within the Town.