[HISTORY: Adopted by the Town Meeting of the Town of Sherborn as indicated in article histories. Amendments noted where applicable.]
[Adopted 1980; amended 1982; 1990; 1997; 1998; 2004; 2010; 2015; 2016; 2018 (Ch. 5 of the 1968 Bylaws)]
[Amended 1990; 4-25-2023 ATM by Art. 22]
A person who at the commencement of the license period, which shall begin January 1 of each year, is, or who during any license period becomes, the owner or keeper of a dog over the age of six months, which is not duly licensed, and the owner or keeper of a dog when it becomes six months old during a licensing period, shall cause it to be registered, numbered, described, and licensed until the end of such license period, which shall be December 31 of each year, and the owner or keeper of a dog so registered, numbered, described, and licensed during any license period, in order to own or keep such dog after the beginning of the succeeding license period shall, before the beginning thereof, cause it to be registered, numbered, described, and licensed for such period.
[Amended 1990; 1998; 2004]
The annual fee for such licenses shall be set by the Town Clerk in accordance with MGL c. 40, § 22F.
[Amended 5-15-2021 ATM by Art. 13]
Any person who is the owner or keeper of a dog in the Town of Sherborn, and who fails to license said dog within the time required by MGL c. 140, §§ 135 and 137A, shall be subject to additional penalties as permitted by MGL c. 140, § 141, payable to the Town and to be collected as provided by law. To avoid said penalties, dog owners and keepers shall renew each dog license annually by March 1 or the first business day of March each year.[1]
[1]
Editor's Note: Original Ch. 5, Sec. 4, Dog Fund, added in 1998, of the 1968 Bylaws, which immediately followed, was repealed 10-17-2023 STM by Art. 2. This enactment also renumbered original Sec. 5 as Sec. 4.
A. 
No person shall maintain a kennel without obtaining a license, subject to annual renewal, in accordance with MGL c. 140, § 137A. The Town Clerk shall not issue a kennel license until a kennel has passed inspection by the Animal Control Officer. The fee for such license shall be set by the Town Clerk in accordance with MGL c. 40, § 22F.
B. 
An owner or keeper of five or more dogs, three months or older, must secure a personal kennel license from the Town Clerk or other type of kennel license as may be applicable under this section and state law. An owner or keeper of four or fewer dogs, three months or older, may elect to secure a personal kennel license from the Town Clerk rather than licensing each dog under this article.
[Added 2018 (Ch. 5A of the 1968 Bylaws)]
No dog shall be allowed in any public place or street within the Town unless it 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.
No person shall permit any dog to enter or remain upon the private property of another without the permission of the owner or person in control thereof, and no person shall permit any dog to enter or remain upon any public property of the Town, when prohibited by the board or officer in control thereof.
A. 
In addition to the remedies set forth herein and in MGL c. 140, §§ 136A to 174E, inclusive, or any other applicable provision of law, this bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and the Town's Noncriminal Disposition Bylaw. If noncriminal disposition is elected, then any person who violates any provision of this bylaw shall be subject to the following penalties:
[Amended 4-25-2023 ATM by Art. 22]
(1) 
First violation: written warning.
(2) 
Second violation: $50.
(3) 
Third violation: $100.
(4) 
Fourth and each subsequent violation: $250.
B. 
Subsequent offenses shall be determined as offenses occurring within one year of the date of the first noticed offense.
C. 
The Animal Control Officer or any police officer of the Town shall be empowered to enforce provisions of this bylaw.
Unrestrained or unlicensed dogs may be sought out, caught and confined by the Animal Control Officer or any police officer of the Town, and impounded pursuant to MGL c. 140, §§ 151A and 167. The owner or keeper of any dog impounded under the provisions of this bylaw may claim such dog, provided he or she first procures from the Town Clerk a license and tag for any such dog that is not licensed and reimburses the Town for the care of the dog during the period of impoundment.
Notwithstanding the provisions of this bylaw, the Select Board may designate certain areas and/or times in which dogs will be permitted to run at large, subject to such rules and regulations as may be determined by the Select Board.
Owners of dogs shall be legally responsible for any and all injury or destruction of property caused by their dog(s) at all times.
Nothing in this chapter is intended to limit or restrict the authority of the Select Board and/or Animal Control Officer from exercising any authority conferred upon them by the Massachusetts General Laws, including but not limited to MGL c. 140, § 157, relative to nuisance and dangerous dogs.