The Animal Control Officer shall be responsible for enforcement of this Article; provided, however, that, for purposes of this Article and M.G.L. c. 140, § 157, the Select Board shall be the Hearing Authority.
[Adopted 5-3-1999 ATM by Art. 46; amended 5-7-2018 ATM by Art. 39]
A.
If any person shall make a complaint, in writing, to the Select Board that any dog owned or harbored within the Town is a nuisance dog or a dangerous dog, such complaints shall be investigated and addressed in accordance with M.G.L. c. 140, § 157.
B.
Prior to any nuisance or dangerous dog hearing held pursuant to Section 62-16.A, the Animal Control Officer may issue a Temporary Restraint Order or a Temporary Confinement Order.
(1)
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 Section 62-16.A. A Temporary Restraint Order shall be in force for no more than thirty (30) days unless the Animal Control Officer renews it in writing for subsequent thirty (30) day periods. The Animal Control Officer may rescind or decline to renew the Order upon a determination that restraint is no longer required. The Animal Control Officer’s order shall expire upon receipt of a decision from the Select Board on the nuisance dog or dangerous dog hearing.
(2)
Issuance of temporary confinement order. The Animal Control Officer may make arrangements for the temporary housing of any dog that requires such temporary housing, and may issue an Order of Temporary Confinement authorizing such temporary housing. The housing may be at a local veterinary clinic or at a dog kennel within the Town or neighboring towns, and shall be at the dog owner’s or keeper’s expense.
A.
Any person who fails to comply with any order of the Animal Control Officer or the Select Board pursuant to this Article shall be deemed a violation of this Article.
B.
In addition to any other remedy provided by law, this Article may be enforced by the Animal Control Officer, or any police officer of the Town, or the Select Board, through any means available in law or equity, including but not limited to criminal indictment in accordance with M.G.L. c. 40, § 21, non-criminal disposition in accordance with Article II and M.G.L. c. 40, § 21D, and, in instances of a violation of a nuisance dog or dangerous dog order issued pursuant to M.G.L. c. 240, § 157, in accordance with M.G.L. c. 140, § 157A.
(1)
When enforced in accordance with M.G.L. c. 40, § 21, the maximum penalty shall be $300 and each day a violation exists shall constitute a separate violation.
(2)
When enforced through non-criminal disposition, the penalties shall be as follows:
First violation: $25, for each offense, each day being a separate offense; |
Second violation: $50, for each offense, each day being a separate offense; and |
Third violation or subsequent violation: $75, for each offense, each day being a separate offense. |
(3)
When enforced in accordance with M.G.L. c. 140, § 157A, an owner or keeper of a dog who fails to comply with an order of the Select Board or district court shall be punished, for a first offense of not more than $500 or imprisonment for not more than 60 days in a jail or house of correction, or both, and for a second or subsequent offense, by a fine of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction.