[HISTORY: Adopted by the Town Meeting of
the Town of Dalton. Amendments noted where applicable.]
As used in this bylaw, unless the context otherwise
indicates, the following terms shall have the meanings indicated:
Any officer appointed by the Select Board to enforce the
laws relating to animals.
All animals of any species, both male and female, including
but not limited to dogs and cats.
A kennel maintained as a business for or to include the boarding
or grooming of dogs.
The time between January 1 and December 31, both dates inclusive.
Animals or fowl kept or propagated by the owner for food
or as a means of livelihood, kept in proper houses or suitably enclosed
yards. Such phrase shall not include dogs, cats and other pets.
More than three dogs over the age of six months of age in
a single private residence.
Any person or persons, firm, association or corporation owning,
keeping, or who has in his possession, for 11 consecutive days in
any calendar year, a dog or any other animal, licensed or unlicensed;
and cannot show to the satisfaction of the Animal Control Officer
that such animal was sold, had died, was given away or otherwise disposed
of. Further, if the owner or keeper of a dog or other animal be a
minor, the parent or guardian of such minor shall be held liable for
any violation of this bylaw.
Free of restraint and permitted to wander on private or public
ways at will.
A.
No owner or keeper of a dog shall permit such dog,
whether licensed or unlicensed, to run at large within the Town of
Dalton. No person shall permit a dog owned or kept by him beyond the
confines of the property of the owner or keeper unless the dog is
physically restrained by a leash, which shall not exceed six feet
in length.
B.
No person shall permit a dog owned or kept by him
to run freely within the confines of the property of the owner or
keeper unless leashed so as to restrain the dog in such manner that
the dog will not go beyond the property of the owner or keeper, or
unless the dog is securely confined to the premises of the owner or
keeper by fencing or appropriate barriers.
C.
No person shall permit a dog owned or kept by him
to be accompanied by a person of inadequate age and discretion to
properly control its actions.
D.
This section shall not apply to property owned and/or
controlled by the Commonwealth of Massachusetts where a separate set
of rules and regulations apply.
E.
A dog may, for the purpose of events such as working,
hunting, field trials or training purposes, be exempt from the restraining
order during such period of time as the dog is actually engaged in
the event or sport, provided that the dog is under the direct supervision
of a person of adequate age and discretion to properly control its
actions.
A.
Any owner or keeper of a dog six months of age or
older in the Town of Dalton shall cause that dog to be licensed as
required by MGL Chapter 140 commencing on January 1 of each year.
B.
Any owner or keeper of more than three dogs must acquire
a multiple-pet permit.
D.
Each multiple-pet household and commercial kennel
shall be available to inspection by the Animal Control Officer, a
Natural Resource Officer, Fish and Game Warden, police officer or
the Board of Health.
E.
All ferrets, dogs and cats six months of age or older
must be currently vaccinated against rabies as per MGL c. 140, § 145B.
[Amended 6-22-2020 ATM by Art. 2]
F.
The annual fee for every animal license, multiple-pet
permit, and commercial kennel license, and all fines relevant to animal
control shall be established by the Select Board.
[Amended 6-22-2020 ATM by Art. 2]
(1)
No fee shall be charged for a license for any dog
that is individually trained to do work or perform tasks for the benefit
of an individual with a disability, including a physical, sensory,
psychiatric, intellectual, or other mental disability. Other species
of animals, whether wild or domestic, trained or untrained, are not
service animals for the purposes of this section.
The work or tasks for the benefit of an individual with a disability
might include, but is not limited to: assisting individuals who are
blind or have low vision with navigation and other tasks; alerting
individuals who are deaf or hard of hearing to the presence of people
or sounds; providing nonviolent protection or rescue work; pulling
a wheelchair; assisting an individual during a seizure; alerting individuals
to the presence of allergens; retrieving items such as medicine or
the telephone; providing physical support and assistance with balance
and stability to individuals with mobility disabilities; and helping
persons with psychiatric and neurological disabilities by preventing
or interrupting impulsive or destructive behaviors.
(2)
The owner or keeper of dog(s) for the purpose of rehabilitation and adoption, upon the submission of written proof from a licensed animal rescue league or animal hospital, may be issued a single license for use with multiple animals kept consecutively within any license period; provided, however, that if such owner or keeper keeps more than one animal at the same time, the owner or keeper must obtain an additional license for each additional animal, and pay the annual fee for the same established by the Select Board pursuant to Subsection G.
G.
The registering, numbering, describing and licensing
of animals shall be performed in the office of the Town Clerk, on
a form prescribed and supplied by the Town, and shall be subject to
the condition expressed therein that the dog so licensed shall be
controlled and restrained from killing, chasing or harassing livestock
or fowl.
H.
No license fee shall be refunded in whole or in part
for any reason.
I.
Should any owner or keeper of an animal fail to license
that animal as required under MGL Chapter 140, before February 1,
the owner or keeper shall pay a late fee as established by the Select
Board before obtaining said license, except for a dog brought into
the Town as provided by MGL c. 140, § 138. This late fee
shall be applicable from the 31st day after arrival of such dog. Any
person maintaining a commercial kennel in the Town of Dalton who fails
to license as prescribed by this section and the laws of the commonwealth
shall pay a late fee as established by the Select Board, commencing
February 1.
[Amended 11-19-2007 STM by Art. 2, approved 1-3-2008; 9-22-2008 STM by Art.
3]
J.
The owner or keeper of a licensed animal shall cause
it to wear around its neck or body a collar or harness to which shall
be securely attached a tag issued by the Town Clerk at the time of
licensing.
K.
In addition to all other sums due and owing for any
license fee hereunder, a person who applies for a license hereunder
shall be obligated to pay all prior amounts of license fees determined
to be due and owing by the Town Clerk pursuant to this bylaw, for
past periods in which said person was obligated to obtain a license.
It shall be a violation of the bylaw to fail to pay any said sum due
hereunder. This remedy shall be cumulative.
No more than six dogs may be kept at any private
residence. Persons owning more than six dogs prior to the passage
of this bylaw[1] are permitted to keep such dogs, but may not replace them
in excess of the permitted total. This section shall not be applicable
to dogs under the age of six months.
[1]
Editor's Note: This bylaw was originally adopted
12-21-1993 STM by Art. 3.
A.
Any owner or keeper of a dog may be ordered to muzzle
said dog by a duly appointed Animal Control Officer and, in his/her
absence, by a police officer for either of the following reasons:
B.
This order shall remain in effect until removed by
the officer after having been satisfied that the dog is unlikely to
repeat its offense. Such decision by the officer to remove said order
shall not be unreasonably withheld.
A.
Animal Control Officers or, in their absence, police
officers may cause an animal to be impounded for any of the following
causes:
(1)
If found without a license when a license is required;
or
(3)
For violation of a muzzling order as provided for in § 23-5 of this bylaw or as provided under MGL c. 140, § 167, as amended; or
(4)
For having bitten, injured or physically molested
any person; or
(5)
For having physically injured any dog or other animal;
or
(6)
To restore peace when the owner or keeper of an animal
is otherwise unavailable, unwilling, or physically unable to restrain
his/her animal from causing a nuisance by continuous barking or howling;
or
(7)
To ensure the safety and well-being of the particular
animal; or
(8)
For any violation of this bylaw.
B.
No later than two days after the impounding of any animal, the owner or keeper shall be notified, or if the owner or keeper of the animal is unknown, or, after reasonable efforts, is not contacted, written notice shall then be posted for 10 consecutive days in the location for posting notices in the Town Hall, which notice shall describe the animal and the place and time of taking. Animals impounded and unclaimed by the owner or keeper after such ten-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A. Prior to the end of said ten-day period, the owner or keeper may obtain the release of such dog or other animal upon the payment of all pound fees, fines, and notification costs, if any, and, in the case of a violation of Subsection A(1) of this section, upon obtaining a license as required by law.
C.
No animal shall be turned over or sold in any manner
inconsistent with MGL c. 140, § 151, or disposed of inconsistent
with the provisions of § 151A.
Any person or persons found guilty of a violation
of any provisions of MGL c. 272, §§ 77, 80A, 94 or
95, will forfeit the right to own or keep any animal within the Town
of Dalton and must immediately, upon conviction, surrender all animals
in his/her possession to the Animal Control Officer.
If written complaint is made to the Select Board
or Chief of Police regarding a vicious or dangerous dog or excessive
barking or other disturbance, such complaint shall be acted upon in
conformance with MGL c. 140, §§ 157 and 158.
The provisions of MGL c. 140, § 153,
pertaining to the form of warrants issued by Animal Control Officers
are incorporated herein.
A.
The owner or keeper of a dog which has done damage
to livestock or fowl shall be liable for such damage, and the Select
Board may order the owner or keeper to pay such damages after an investigation
as set forth in MGL Chapter 140.
B.
In the event that the owner or keeper of such dog
known to have done damage to livestock or fowl refuses to pay upon
the order of the Select Board, the Select Board shall enter or cause
to be entered a complaint in the District Court for the enforcement
of the order.
C.
In addition, the Select Board or its agents thereto
authorized in writing may, after written notice to the owner or keeper,
enter upon the premises of the owner or keeper of any dog known to
them to have killed livestock or fowl, and then and there kill such
dog, unless such owner or keeper whose premises are thus entered for
said purpose shall give a bond in the sum of $200, with sufficient
sureties approved by the Select Board, conditioned that the dog is
continually restrained. If the owner or keeper of the dog declares
his intention to give such a bond, said Select Board or its agents
shall allow him seven days, exclusive of Sundays and holidays, in
which to procure and prepare the same and to present it to the Select
Board or to file it with the Town Clerk.
D.
If a dog which has previously been ordered restrained
by the Select Board, or upon review by the District Court, wounds
any person or shall maim or kill any livestock or fowl, the owner
or keeper of such dog will be liable to the person injured thereby
in treble the amount of damages sustained by him.
E.
The owner or keeper of any animal injured or killed
by a motor vehicle shall be responsible for the cost of all rescue
response, emergency care, treatment and/or disposal of said animal.
The Animal Control Officer(s) duly appointed
or, in their absence, police officers shall enforce the provisions
of this Animal Control Bylaw and shall attend to all complaints or
other matters pertaining to animals in the Town of Dalton.
A.
Notwithstanding any provisions of the General Laws to the contrary, any person(s) who 1) refuses to answer or answers falsely questions of an Animal Control Officer or a police officer pertaining to his/her ownership of an animal; or 2) is found guilty of cruelty to animals; or 3) refuses to turn over any animal to the Animal Control Officer upon demand as authorized by §§ 23-6 and 23-7 of this bylaw; or 4) violates a Select Board order shall be punished by a fine not less than $100 nor more than $300.
B.
Any owner or keeper who 1) violates the provisions
of this bylaw; or 2) is the owner/keeper of any animal who shall be
found by an Animal Control Officer to have defecated on private property
other than that of its owner/keeper, or on a public sidewalk; or 3)
is the owner/keeper of any animal who intentionally allows any such
animal to cause a nuisance by barking, howling or otherwise disturb
another person's right to peace; or 4) is the owner/keeper of an animal
found to have bitten or injured any person, dog or other animal may
be penalized by noncriminal disposition as provided in MGL c. 40,
§ 21D, and shall be punished by a fine not to exceed $300.
C.
Where applicable, each day shall constitute a separate
offense.
A.
Notwithstanding any provisions of the General Laws
to the contrary, any Animal Control Officer who takes cognizance of
a violation of 1) this bylaw; or 2) failure to license animals pursuant
to MGL Chapter 140 and this bylaw; or 3) failure to obtain multiple-pet
permit or commercial kennel license; or 4) failure to vaccinate against
rabies pursuant to MGL c. 140, § 145B, may issue or mail
a notice of complaint of violation of the municipal Animal Control
Bylaw to the owner or keeper of such animal.
B.
Any owner or keeper found in violation of the above-mentioned
procedure shall be subject to a fine of not more than $50.
A.
Nothing contained within this bylaw shall limit or
restrict any enforcement officer's authority to seek criminal prosecution
of any violation of state or federal law.
B.
If any part, section or provision of this bylaw is
found to be invalid, the remainder of this bylaw shall not be affected
thereby.
