No person shall own or keep in the Town any dog which by biting, barking or howling, or in any other manner disturbs the peace or quiet of any neighborhood or endangers the safety of any person.
The owner or keeper of a dog or both may be prosecuted for the following violations of this chapter and/or the dog may be impounded:
A.
If found without a license when a license is required by law;
B.
If found at large;
C.
For having bitten, injured or physically molested any person;
D.
For having bitten or injured any domestic animal;
E.
For chasing any vehicle on a public way or open to public traffic in the Town;
F.
For repeatedly causing a nuisance such as, but not limited to, barking or littering;
G.
If found not muzzled off the property of its owner or keeper while a muzzling order with respect to it is in effect under Subsection C, above;
H.
For having defecated on a public sidewalk or on private property, other than that of its owner, without the permission of the owner of such property.
Not later than two days after the impoundment of any dog, the owner or keeper shall be notified or, if the owner or keeper of the dog is unknown or, after reasonable efforts is not contacted, written notice shall then be posted for 10 consecutive days on a K-9 bulletin board in the office of the Town Clerk, describing the dog and the place and time of taking.
Dogs impounded and unclaimed by the owner or keeper after such a ten-day period, shall be disposed of in accordance with the provisions of MGL c. 140, § 151A, as amended.
[Amended 11-18-2025 STM by Art. 4]
If the Animal Control Officer determines that a dog in their estrus cycle (even when confined to the property of the owner or keeper) is attracting other dogs to the area, which condition causes disturbance on or damage to neighboring property or public areas, they may impound the dog for the duration of the estrus cycle, releasing it thereafter to the owner or keeper upon the payment of pound fees; or the Animal Control Officer may require the owner or keeper to place and keep such dog, while in such cycle, in a kennel or to remove it from the area so that the nuisance is abated.
A.
Any person owning or harboring a dog shall not suffer or allow it to run at large in any of the streets or public ways or places in the Town of Brookline, or upon the premises of anyone other than the owner or keeper unless the owner or occupant of such premises grants permission. Under no circumstances shall a dog, even on a leash, be allowed on private property unless specific permission has been granted. No dog shall be permitted in any public place or street within the Town of Brookline unless it is effectively restrained by a chain or leash not exceeding seven feet in length.
B.
However, in areas officially designated as off-leash areas by the Park and Recreation Commission, or its designee, a dog shall be allowed to be off the leash under the following conditions:
(1)
The dog must at all times be accompanied by and under the control of a person;
(2)
Any dog left unattended may be impounded;
(3)
The person in charge of a dog inside a designated off-leash area must remove any fecal material deposited by that dog in the designated off-leash area before taking the dog from the designated off-leash area; and
(4)
The person in charge of a dog inside a designated off-leash area must control the animal so that it does not disturb the surrounding area by barking or other action and so that it does not disturb or threaten others using the designated off-leash area and the area surrounding the designated off-leash area.
(5)
No area adjacent to a school shall be used as an off-leash area without approval of the School Committee.
(6)
The Director of Parks and Open Space or their designee shall place a sign, in a conspicuous place, in all designated off-leash areas which shall state the authorized hour(s) when such area may be used for such purpose and any other conditions of such use.
(7)
The dog must be registered with and accompanied by proof of current registration in the Town's off-leash program in order to participate, which participation shall be subject to compliance with publicly available rules established by the Director of Parks and Open Space.
C.
This section is subject to the Town's legal obligations to make reasonable accommodations for people with disabilities.
It shall be the duty of each person who owns, possesses or controls a dog to pick up and dispose of any feces left by such dog on any sidewalk, tree lawn, gutter, street, park or other public area, or on any private property that is not owned or occupied by such person. No person owning, possessing or controlling a dog shall appear with such dog on any sidewalk, tree lawn, gutter, street, park or other public area without having the means of removal of any feces left by such dog in their possession. For the purposes of this section, the "means of removal" shall be any container, tool, implement or other device that is carried for the purpose of picking up, containing, and disposing of dog feces in an appropriate receptacle. Penalties for violation of this section shall be in accordance with the penalties appearing in Section 8.6.9 of this by-law. The provisions of this section shall not apply to persons with working guide dogs.
As used in this chapter, the following terms shall have the meanings indicated:
A dog which is (i) unaccompanied by a person of adequate age and discretion to properly control its actions and (ii) is unrestrained by a leash or chain of less than seven feet in length.
Is the technical term for the common expression "in heat."