[HISTORY: Adopted by the Town Meeting of the Town of Rockport 9-11-2023 STM (Ch. 10B of the 1997 Code of By-laws), as amended 9-11-2006 FTM; and 9-8-2025 FTM by Art. G; amended in its entirety 9-8-2025 FTM by Art. J. Subsequent amendments noted where applicable.]
The Select Board shall annually appoint an Animal Control Officer and may appoint assistants who shall be responsible for the enforcement of this by-law.
No person owning, harboring or having custody or control of a dog shall permit such dog to be a nuisance or dangerous dog as such terms are defined in MGL c. 140, §§ 136A and 157, as may be amended from time to time. Orders concerning the restraint or disposal of nuisance or dangerous dogs may be made by the Select Board or its designee in accordance with the procedure set forth in MGL c. 140, § 157, as may be amended from time to time.
No person owning, harboring or having custody or control of a dog shall allow such dog to enter or remain:
A. 
Upon any cemetery grounds at any time;
B. 
Upon any public school property between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday during the school year and any special sessions of the school that shall be posted in the offices of the School Superintendent and the Town Clerk; or
C. 
Upon any public beach from June 1 to September 15. This section, however, shall not prohibit the presence of a trained guide dog accompanying any person with a visual impairment and in use as a service animal as that term is defined in the Americans with Disabilities Act and its implementing regulations and guidance, as may be amended from time to time, provided that the owner or keeper is in proper control of such dog at all times.
A. 
No person owning, harboring or having custody or control of a dog in the Town shall permit such dog at any time to run roam freely, unless in an area or at a time exempted from this By-law by order of the Animal Control Officer for the Town which order shall first be approved by the Select Board. Each occurrence of a dog, licensed or unlicensed, permitted to roam freely shall constitute a separate violation under this section. Dogs under law enforcement auspices shall be exempt. This section shall not apply to dogs in use for hunting, sporting or working purposes, provided that the owner or keeper is in proper control of such dog at all times.
B. 
As used in this section, the term "roam freely" shall mean that a dog is off the premises of the owner or keeper and is on the premises of another without permission. When on public ways and other public property, including but not limited to parks, recreation areas and school grounds (when permitted), dogs shall be on a leash or, except in the downtown district of Rockport, under direct voice control. For purposes of this section the "downtown district" is that area encompassed by the shoreline from King Street southerly to High Street, then to Parker Street, then to Railroad Avenue to King Street and King Street to the shoreline. When permitted to be off leash, the owner or keeper must accompany the dog and must have a leash in possession at all times.
The person owning, harboring or having custody or control of a dog shall remove and dispose of (in a suitable container and at a suitable location) any feces left by such dog on any beach, sidewalk or street, in any park or other public place or on any private property neither owned nor occupied by said person. For purposes of this section, a suitable location shall not be within the trash or compostable bin of another or on private property.
Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another dog except for planned breeding.
All dogs shall wear a collar or similar device with the current dog tags (license) attached.
A. 
The Animal Control Officer or any police officer of the Town shall be empowered to enforce provisions of this By-law.
B. 
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 By-law may be enforced through any lawful means in law or in equity, including, but not limited to, non-criminal disposition pursuant to MGL c. 40, §21D. If non-criminal disposition is elected, then any person who violates any provision of this By-law shall be subject to the following penalties:
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Third offense: $300.
(4) 
Fourth and subsequent offenses: $500.
C. 
Any offense after the first offense shall be determined as offenses occurring within two years of the date of the first noticed offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
D. 
The violation of any other provision in this by-law or in MGL c. 140, §§ 136A to 174B, shall be punished by a fine not greater than $100 for each offense, except where otherwise provided herein or under law.
Dogs that roam freely 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, as may be amended from time to time. Any person owning, harboring or having custody or control of a dog impounded under the provisions of MGL c. 140, § 167 may claim such dog, provided they first procure from the Town Clerk a license and tag for any such dog that is not licensed and pays the sum of $40 per day for the care of the dog during the period of impoundment and a pickup fee of $20, and also shall be responsible for all additional costs of maintaining and keeping the animal at the dog pound of similar facility.
The provisions of MGL c. 140, §§ 136A to 174F, inclusive, as from time to time amended, shall apply within the Town and shall govern the control/and licensing of dogs and kennels, except as modified herein.
A. 
Dog and kennel licenses shall be annual licenses that are effective during the licensing period for which they are issued, which period shall run from May 1 through the following April 30. The failure to obtain a license prior to the end of the month of May in each year or to properly license a dog shall be punishable by a graduated fine of $5 per month for each month the dog is not registered, up to a total fine of $25 in addition to the applicable annual fee.
B. 
The annual fee for every license shall be as follows:
(1) 
Sterilized male dog or spayed female: $10.
(2) 
Male or female dog (not neutered): $16.
(3) 
Kennel license (four or more but less than 10 dogs): $40.
(4) 
Kennel license (10 or more dogs): $60.
C. 
A person who maintains a kennel as defined herein and violates this section shall be assessed a fine of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.