[HISTORY: Adopted by the Town Meeting of the Town of Sudbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. V, §§ 4, 5, and 6, of the
General Bylaws]
[Amended 10-23-2023 STM
by Art. 2]
No person shall tie or fasten any horse, cattle or team to any
of the trees in the public ways of the Town, nor drive into the same
any nails, spikes, hooks or clasps, nor affix any boards or signs
thereto. Violation of this section shall be subject to a penalty of
$50. Each day during which a violation exists shall be deemed to be
a separate violation.
[Amended 10-23-2023 STM
by Art. 2]
No person shall pasture or tether any animal in any way or street
in the Town in such a manner as to obstruct the streets or sidewalks.
Violation of this section shall be subject to a penalty of $50.
No person shall pasture any animal upon any street or way in
the Town, with or without a keeper, except within the limits of such
way adjoining their own premises and on the same side of the street
therewith. Violation of this section shall be subject of a penalty
of $50.
[Adopted as Art. V, § 3, of the General Bylaws]
This bylaw is intended to guide those persons owning or keeping
dogs in their role as responsible pet owners so as not to adversely
affect the residents of the Town of Sudbury.
A.
Any reference to a "section" in this bylaw shall mean Chapter 140
of the Massachusetts General Laws, unless otherwise stated.
B.
The provisions of Massachusetts General Laws Chapter 140, §§ 136A
through 174D, inclusive, as may be amended from time to time and except
as modified herein, are incorporated into this bylaw relating to the
regulation of dogs.
Unless otherwise set out in this bylaw, any term defined in
§ 136A shall have the same meaning in this bylaw and shall
be expressly incorporated herein.
Any premises designated for the purpose of impounding and
caring for animals held under authority of this bylaw.
Off the premises of the owner and not under the control of
the owner or authorized person either by leash, cord, chain or other
means.
As defined in MGL c. 140, § 136A; includes personal
kennels.
[Amended 5-5-2015 ATM
by Art. 36]
From January 1 of each year to December 31 of the same year.
Animals or fowl kept or propagated by the owner for food
or as a means of livelihood; also deer, elk, cottontail rabbits and
northern hares, pheasants, quail, partridge and other birds and quadrupeds
determined by the Division of Fisheries and Wildlife to be wild and
kept by, or under a permit from, said Division in proper houses or
suitable enclosed yards. Such phrase shall not include dogs, cats
and other pets.
[Amended 10-23-2023 STM
by Art. 2]
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog within the Town.
An individual, partnership, company or corporation.
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership, for private personal
use; provided, however, that breeding of personally owned dogs may
take place for the purpose of improving, exhibiting or showing the
breed or for use in legal sporting activity or for other personal
reasons; provided, further, that selling, trading, bartering or distributing
such breeding from a personal kennel shall be to other breeders or
individuals by private sale only and not to wholesalers, brokers or
pet shops; provided, further, that a personal kennel shall not sell,
trade, barter or distribute a dog not bred from its personally owned
dog; and provided, further, that dogs temporarily housed at a personal
kennel, in conjunction with an animal shelter or rescue registered
with the Department of Agricultural Resources, may be sold, traded,
bartered or distributed if the transfer is not for profit.
[Added 5-5-2015 ATM by
Art. 36; amended 10-23-2023 STM
by Art. 2]
A dog shall be deemed to be under restraint if it is on the
premises of the owner accompanied by a person who shall have the dog
under control, or is in a suitably enclosed area, including an effective
electric Invisible Fence®, or, if outside
the premises of the owner, is accompanied by a person who shall have
the dog under control by holding it firmly on a leash no greater than
six feet in length.
[Amended 5-5-2015 ATM
by Art. 36]
[Amended 5-5-2015 ATM
by Art. 36]
A.
The Town Manager shall appoint an Animal Control Officer under the
provisions of MGL c. 140, §§ 151 and 151A, to carry
out the provisions of this bylaw and perform such other duties and
responsibilities as may be determined. The Town Manager shall determine
hours and conditions of work for the Animal Control Officer. Compensation
for persons appointed under this bylaw shall be consistent with other
bylaws dealing with salaries of appointed officials.
B.
The Animal Control Officer shall seek out and notify all owners of
all dogs within the Town that have not been licensed within the required
time under the provisions of this bylaw; shall seek out, catch and
confine any dogs within the Town that are found on public property,
or on private property where said dog is trespassing and the owner
or person in control of such property wants the dog removed, if said
dog is in violation of any section of this bylaw.
C.
No person shall interfere with, hinder, molest or abuse an Animal
Control Officer in the exercise of such responsibilities. The provisions
of MGL c. 140, §§ 151 and 151A, regarding killing and/or
transfer of any dogs shall apply and are expressly incorporated in
this bylaw. No Animal Control Officer shall be a licensed animal dealer
registered with the United States Department of Agriculture, and no
Animal Control Officer, either privately or in the course of carrying
out official assignments as an agent for this Town, or any other agent
of the Town shall give, sell, or turn over any animal which may come
into custody to any business or institution licensed or registered
as a research facility or animal dealer with the United States Department
of Agriculture. Whoever violates the provisions of this subsection
shall be fined as provided in MGL c. 140, § 151.
[Amended 10-23-2023 STM
by Art. 2]
D.
It shall be the duty of the Animal Control Officer to keep, or cause
to be kept, accurate and detailed records of the impoundment and disposition
of all dogs held in custody, a monthly telephone log of calls regarding
dogs, all bite cases reported and the investigation of same.
[Amended 5-7-2018 ATM
by Art. 19]
The Select Board shall act as the hearing authority for all
matters pertaining to the enforcement of this bylaw. The hearing authority
shall investigate or cause the investigation of the complaint.
A.
A Dog Fund is hereby created by the Town under provisions of MGL
c. 44, § 53E 1/2. Said fund shall be used as a depository
for all moneys collected as fees, fines, charges, penalties and other
like moneys imposed under this bylaw. It shall be used to make purchases
necessary to administer this bylaw and to pay any expenses relating
to this bylaw or for any other costs that Massachusetts General Laws
require to be paid. Said fund shall be administered by the Treasurer-Collector
and may also receive funds through usual municipal financing methods.
Receipts allocated to this fund shall be deposited in a special account
by the Treasurer-Collector.
B.
Expenditures may be charged against this fund without prior appropriation,
subject to the approval by the Town Clerk, and shall be limited to
purposes directly connected to the enforcement of the provisions of
the Dog Bylaw. Said expenditures or incurred liabilities shall not
exceed the available balance of the fund at any given time.
[Amended 5-5-2015 ATM
by Art. 36]
A.
Whoever is the owner of a dog, cat or ferret six months of age or
older shall cause such dog, cat or ferret to be vaccinated against
rabies by a licensed veterinarian using a vaccine approved by the
Department of Public Health. Such owner shall produce a veterinarian's
certificate that such dog, cat or ferret has been so vaccinated, setting
forth the date of such vaccination and the duration of immunity, or
a notarized letter from a veterinarian that a certification was issued.
An exemption from such vaccine may be granted by the Board of Health
only upon presentation of a licensed Massachusetts veterinarian's
certificate stating that because of an infirmity, other physical condition
or regimen of therapy, such inoculation is considered inadvisable
for a specified period of time for such reasons as provided in § 145B.
B.
Unvaccinated dogs, cats or ferrets acquired or brought into the Town
shall be vaccinated within 30 days after acquisition or entry into
the Town or upon reaching the age of six months, whichever comes later.
C.
Unvaccinated dogs, cats or ferrets shall be revaccinated in accordance
with rules and regulations adopted and promulgated by the Department
of Public Health.
D.
Whoever violates this section shall be punished by a fine of not
more than $100 per animal or by a noncriminal penalty of $50 per animal.
[Amended 4-6-2009 ATM]
A.
Any owner of a dog which is six months of age or older and is located
in the Town of Sudbury shall obtain a license for that dog commencing
on January 1 of each year, as required by Massachusetts General Laws
Chapter 140.
C.
The registering, numbering, describing and licensing of a dog shall
be done by the Town Clerk on a form prescribed and supplied by the
Town Clerk, and shall be subject to the condition expressed therein
that the dog which is the subject of the license shall be controlled
and restrained from killing, chasing or harassing livestock, fowl,
wildlife, or domesticated animals.
D.
The owner of a licensed dog shall cause it to wear around its neck
or body a collar or harness of leather or other suitable material,
to which shall be securely attached a tag on a form prescribed by
and issued by the Town Clerk when a license is issued. Such tag shall
state the following information: Town of Sudbury; year of issue; and
tag number. The Town Clerk shall maintain a record of the identifying
numbers.
E.
If any such tag shall be lost, the owner of such dog shall forthwith
secure a substitute tag from the Town Clerk. The fee for a duplicate
tag shall be $1.
F.
The Town Clerk shall not grant such license for any dog unless the
owner of the dog provides the Town Clerk with a veterinarian's certification
that the dog has been vaccinated in accordance with § 145B,
certification that such dog is exempt from the vaccination requirement
under said § 145B or a notarized letter from a veterinarian
that either of these certifications was issued relative to such dog.
[Amended 5-5-2015 ATM
by Art. 36]
[Amended 5-3-2011 ATM
by Art. 19]
B.
Any person who meets all requirements of the Town of Sudbury Zoning
Bylaw and § 137A may apply for a kennel license from the
Town Clerk and for a fee as set out in this bylaw. The Town Clerk
shall, upon application, issue without charge a kennel license to
any domestic charitable corporation incorporated exclusively for the
purpose of protecting animals from cruelty, neglect or abuse and for
the relief of suffering among animals.
C.
The provisions of MGL c. 140, § 138, shall be expressly
incorporated herewith and shall henceforth apply under this bylaw.
[Amended 10-23-2023 STM
by Art. 2]
D.
The Animal Control Officer may at any time inspect or cause to be inspected any kennel and if, in their judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, shall file with the Town Manager a petition setting forth the facts; and the Town Manager shall, upon this petition or upon a petition of 25 citizens setting forth that they are aggrieved or annoyed to an unreasonable extent by one or more dogs at a kennel maintained in Town because of excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, the Town Manager, within seven days after a filing of such petition, shall give notice to all parties in interest of a public hearing to be held within 14 days after the date of such notice. Within seven days after such public hearing, the Select Board shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. Within 10 days after such order, the holder of such license may bring a petition in the District Court as outlined in § 137C. Any person maintaining a kennel after the license therefor has been so revoked or while such license is so suspended shall be fined as set forth in § 117-26A of this bylaw. The Select Board may, in the case of any suspension, reinstate such license.
[Amended 5-5-2015 ATM
by Art. 36]
The Town Clerk shall not issue a kennel permit pursuant to the
provisions of § 137A, unless:
A.
A written report from the Animal Control Officer has been received
certifying as follows:
[Amended 5-5-2015 ATM
by Art. 36]
B.
The applicant for a kennel permit has first obtained a special permit
from the Zoning Board of Appeals pursuant to Subsection 2313 of the
Zoning Bylaw of the Town of Sudbury.
[Amended 5-5-2015 ATM
by Art. 36]
All owners or keepers of dogs kept in the Town of Sudbury during
the preceding six months and who, on the first day of April of each
year, have not licensed said dog or dogs, as prescribed by MGL c.
140, § 137, shall pay a late fee of $25, payable to the
Town, in addition to the license fee, for each dog so unlicensed.
In addition to the license fee and late fee, any all such owners or
keepers of dogs not compliant with the licensing requirement after
June 1 may be subject to an additional penalty of $50 for each dog,
and the Animal Control Officer may issue additional penalties of $50
every 21 days after the initial $50 penalty until compliance.
[Amended 5-5-2015 ATM
by Art. 36]
A.
All dogs in the Town of Sudbury shall be restrained, kept on a leash or under the direct and complete control of a responsible person at all times. The owner or keeper of a dog who violates this bylaw shall be subject to a penalty as set forth in § 117-26A of this bylaw.
B.
Any dog whose actions result in a complaint filed with the Animal
Control Officer shall be restrained during the entire twenty-four-hour
period after the third complaint if, in the opinion of the Animal
Control Officer, such complaints are warranted and constitute a violation
of any provision of this bylaw.
[Amended 5-5-2015 ATM
by Art. 36]
A.
Nuisance defined.
(1)
"Nuisance
dog": a dog that:
(a)
By excessive barking or other disturbance, is a source of annoyance
to a sick person residing in the vicinity; or
(b)
By excessive barking, causing damage or other interference, a reasonable
person would find such behavior disruptive to one's quiet and peaceful
enjoyment; or
(c)
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.
(2)
Dogs shall be kept in such a manner that no nuisance is produced regarding sanitary conditions, housing, food, shelter, water, or other factors which may cause a nuisance. Upon determination by the Animal Control Officer, based on evidence that a dog is causing a nuisance, the owner of such dog shall be subject to a penalty as set forth in § 117-26B of this bylaw.
B.
Every female dog in heat shall be confined in a building or secured enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding. The owner of any unspayed and unleashed female dog found by the Animal Control Officer roaming in season (heat) off the premises of the owner shall be subject to a penalty as set forth in § 117-26B of this bylaw.
C.
When the owner of a male dog is notified by the Animal Control Officer
that the dog is a nuisance to residents while attracted to the residence
of a female dog in heat, the owner of the male dog shall be required
to keep the male dog restrained.
Each person who owns, possesses or controls a dog walking in any area within the Town other than their own private property is responsible for the removal and disposal of any feces left by the dog. Persons walking dogs must carry with them a device designed to dispose of dog feces. Such devices include but are not limited to plastic bags or "pooper-scoopers." Exempt from the requirements of this bylaw are assistance dogs in the service of their handlers. The owner or keeper of a dog that violates this section shall be subject to a penalty as set forth in § 117-26B of this bylaw.
[Amended 10-23-2023 STM
by Art. 2]
The dog owner, shall immediately and within 24 hours, notify
the Animal Control Officer if the dog bites a person. For biting a
person, the dog must be quarantined subject to MGL c. 129, § 21.
Any and all violations of a quarantine order will be subject to general
penalties under Massachusetts General Laws c. 129, § 30.
[Amended 5-5-2015 ATM
by Art. 36]
A.
"Dangerous dog": a dog that either, without justification, attacks
a person or domestic animal, causing physical injury or death; or
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; provided, however, that no dog shall
be deemed dangerous solely based upon growling or barking or solely
growling and barking; based upon the breed of the dog; or if the dog
was reacting to another animal or to a person and the dog's reaction
was not grossly disproportionate to any of the following circumstances:
(1)
The dog was protecting or defending itself, its offspring, another
domestic animal or a person from attack or assault;
(2)
The person who was attacked or threatened by the dog was committing
a crime upon the person or property of the owner or keeper of the
dog;
(3)
The person attacked or threatened by the dog was engaged in teasing,
tormenting, battering, assaulting, injuring or otherwise provoking
the dog; or
(4)
At the time of the attack or threat, the person or animal that was
attacked or threatened by the dog had breached an enclosure or structure
in which the dog was kept apart from the public and such person or
animal was not authorized by the owner of the premises to be within
such enclosure, including, but not limited to, a gated, fenced-in
area if the gate was closed, whether locked or unlocked; provided,
however, that if a person is under the age of seven, it shall be a
rebuttable presumption that such person was not committing a crime,
provoking the dog or trespassing.
B.
Dogs who have violated any of the above conditions can be declared
to be a dangerous dog by the Select Board upon written complaint of
a citizen, the Animal Control Officer, Police Department or other
public safety agent.
[Amended 10-23-2023 STM
by Art. 2]
[Amended 5-5-2015 ATM
by Art. 36]
Any veterinarian registered under the provisions of MGL c. 112,
§ 55 or 56A, who renders emergency care or treatment to
or disposes of any dog or cat injured on any way in the Town shall
receive payment of reasonable costs from the owner of such dog or
cat, if known, or, if not known, shall receive a fair and reasonable
sum (not to exceed $250 without the approval of the Select Board)
from the Town's Dog Fund provided under this bylaw for such care,
treatment and/or disposal; provided, however, such emergency care,
treatment and/or disposal shall be for the purpose of maintaining
life, stabilizing the animal or alleviating pain or suffering until
the owner of such dog or cat is identified, or for a period of 24
hours, whichever is sooner. Any veterinarian who renders such emergency
care or treatment to, or euthanizes or disposes of, such dog or cat
shall notify the Animal Control Officer and, upon notification, the
Animal Control Officer shall assume control of any such dog or cat.
[Amended 5-5-2015 ATM
by Art. 36]
A.
The Animal Control Officer shall seek out, catch and confine any
dog which they find, after a complaint from an identified person or
through their own observation, has:
(1)
Bitten or threatened the safety of any person;
(2)
Killed or maimed any domesticated or farm animal or wildlife excepting
small rodents;
(3)
Chased any motor, recreational, or pedal vehicle, or any animal carrying
or drawing a person;
(4)
Damaged property;
(5)
Committed any act which places its owner in violation of a section
of this bylaw.
[Amended 5-5-2015 ATM
by Art. 36]
A.
Any dog confined by the Animal Control Officer, unless picked up
by the owners, shall be kept for at least seven days (twenty-four-hour
consecutive time period from the time the animal is obtained by the
Animal Control Officer).
B.
A storage fee for the boarding of impounded dogs shall be charged
at a rate based on contractual agreements between the Town and the
contractor.
C.
Any dog confined by the Animal Control Officer shall not be released
to the owner until the owner produces evidence of a current dog license
and pays all penalties and storage fees.
[Amended 5-5-2015 ATM
by Art. 36]
A.
The provisions of MGL c. 140,§ 161, shall apply to whoever
suffers loss in a manner described in § 161.
B.
All funds expended under this section shall come from the Dog Fund
provided under this bylaw.
C.
If the Select Board determines, after notice to parties interested and a hearing, the identity of the person who is the owner of any dog which is found to have worried, maimed or killed livestock, fowl, or domesticated animals, thereby causing damages for which their owner may become entitled to compensation from the Dog Fund under this bylaw, they shall serve upon the owner of such dog a notice directing him/her within 24 hours to confine the dog or have it humanely euthanized. A person who owns or keeps a dog and who has received such notice and does not within 24 hours humanely euthanize such dog or thereafter keep it on his/her premises or under the immediate restraint and control of some person shall be penalized as set forth in § 117-26A of this bylaw.
[Amended 10-23-2023 STM
by Art. 2]
[Amended 5-5-2015 ATM
by Art. 36]
The owner of a dog which has done damage to livestock, fowl,
or domesticated animals shall be liable in tort to the Town for all
damages so done in which the Town has been requested to pay as provided
by Massachusetts General Laws Chapter 140 or by this bylaw. Such action
may be brought by the Select Board.
[Amended 5-5-2015 ATM
by Art. 36]
If any person so notified by non-criminal citation desires to
contest the violation alleged in the citation notice, they may avail
themselves of the procedures established by law. If the owner of a
dog fails to respond to a noncriminal citation within 21 days, the
Town Clerk shall forward a copy of the citation to the District Court,
where it shall be handled under the provisions of MGL c. 40, § 21D.
[Amended 4-7-1999 ATM
by Art. 30; 5-5-2015 ATM by Art.
36]
C.
Any person authorized to enforce provisions of this bylaw may issue
a noncriminal citation to the owner of any dog violating the provisions
of this bylaw. Any such citation shall include, in addition to the
violation charge, the name and address of the owner of the dog, the
date and location of the alleged offense, and, if not a warning, the
amount of the penalty due. Said citation shall be on a form prescribed
by and furnished by the Animal Control Officer.
[Amended 10-23-2023 STM
by Art. 2]
If any part, section or provision of the bylaw is found to be
invalid, the remainder of this bylaw shall not be affected thereby.
No provision or interpretation of a provision of this bylaw is intended
to be either in conflict with or an attempt to change any statutory
provision in MGL c. 140 pertaining to dogs.
