[Adopted as Art. X, Sec. 2, of the 1983 Code]
No owner or person having charge of any horse,
cow, swine, sheep, goat or other grazing animal shall permit the same
to pasture in any street or way within the Town.
[Adopted as Art. XA of the 1983 Code]
As used in this article, unless the context
otherwise indicates, the following terms shall have the meanings indicated:
DOG
All animals of the canine species, both male and female.
KENNEL
One pack or a collection of dogs on a single premises, whether
maintained for breeding, boarding, sale, training, hunting or other
purposes, and including any shop where dogs are on sale, and also
including every pack or collection of more than three dogs three months
old or over, owned or kept by a person on a single premises, irrespective
of the purpose for which they are maintained.
[Added 9-29-2009 STM by Art. 8]
OWNER
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog, as herein defined.
PUBLIC NUISANCE
Any dog shall be deemed a "public nuisance" if such dog is
found to be not on the premises of the owner of such dog, if such
dog attacks persons or domestic animals; or if such dog is found to
be on a public school ground when not under restraint, if such dog
chases moving vehicles or if such dog persistently and prolongedly
barks and/or howls. Exceptions to this are as follows:
A.
If such dog is attached to a restraining device
or under the care and control of a person competent to restrain such
dog so that it will not be a threat to public safety. The mere muzzling
of such a dog shall not satisfy the requirements of this article.
B.
If such dog is to be used as a so-called "hunting
dog" and is being supervised as such by a person competent to restrain
such dog so that it shall not be a threat to public safety.
No owner or keeper of any dog shall permit such
dog, whether licensed or unlicensed, to become a public nuisance within
the Town of Southborough at any time.
[Amended 4-8-1985 ATM by Art. 11]
It shall be the duty of the Animal Control Officer to investigate complaints concerning any dogs which are alleged to be in violation of this article and to apprehend any dog found by him to be in violation of one or more of the provisions of this article regarding public nuisances. It shall further be the duty of the Animal Control Officer to apprehend any dog found by him to be in violation of the definition of "public nuisance" in §
81-2, even though no official complaint has been made by a citizen. All such dogs apprehended by the Animal Control Officer or by the Police Department shall be impounded in a suitable place.
[Amended 4-8-1985 ATM by Art. 11; 4-13-1987 ATM by Art. 46; 9-29-2009 STM by Art. 8]
A. If
such dog so impounded has upon it the name or address of the owner
thereof, or if the name of said owner is otherwise known, then the
Animal Control Officer shall immediately notify the owner, and if
the owner is not known, then no notice shall be necessary.
B. Any
dog confined by the Animal Control Officer, unless picked up by the
owners, shall be kept for at least 10 days.
C. A storage kennel fee for the boarding of impounded dogs shall be
charged at a rate based on contractual agreements between the Select
Board and the contractor/kennel. Such charges will be made public
at least 14 days before being effective, and a copy of such charges
then in effect will be maintained by the Town Clerk for public inspection.
[Amended 11-1-2021 STM
by Art. 2]
D. Any dog confined by the Animal Control Office shall not be released
to the owner until the owner produces evidence of a current dog license
and pays all fines and storage fees.
Any dog which has been impounded and has not
been redeemed by the owner within five days shall be disposed of as
provided by MGL c. 140, § 151, and any amendment thereto.
[Amended 4-13-1987 ATM by Art. 47; 4-12-2016 ATM by Art. 34]
Any owner or keeper of a dog in the Town that is found to be in violation of the provisions of Chapter
81 of the Code of the Town of Southborough shall be liable to a penalty according to the following schedule:
A. First violation (up to 30 days past deadline): $25.
B. Second violation (30 days or more past deadline):
$50.
D. Failure to comply with the Select Board's hearing
order under MGL c. 140: $100.
[Amended 11-1-2021 STM
by Art. 2]
[Added 4-12-2016 ATM
by Art. 34]
A. The fee for every dog license issued in the Town shall be posted
in the Schedule of Fees in the office of the Town Clerk.
B. The deadline to renew a license shall be 30 days following the expiration
of the prior license. After that date, a penalty will be added to
the license fee, as posted in the Schedule of Fees in the office of
the Town Clerk.
(1) Any dog acquired or moved into the Town shall be required to obtain
a license within 30 days, or upon reaching the age of six months,
whichever occurs last. After 30 days, the owner shall be subject to
late fees as posted in the Schedule of Fees in the office of the Town
Clerk.
C. If any matter relating to an expired license remains unresolved after
60 days, either the owner or the Town may bring an action in the District
Court of Westborough requesting that the matter be adjudicated.
D. Fee exemptions:
(1) No fee shall be charged for any service dog as defined by the Americans
with Disabilities Act (ADA), provided that the dog has been trained
and is in the actual service of a resident of the Town.
(2) Even if exempt from the licensing fee, all dogs in the Town must
obtain a license following normal procedures, or will be subject to
the fines and penalties posted in the Schedule of Fees in the office
of the Town Clerk.
E. Once a dog license fee has been paid to the Town, no fee or portion
thereof shall be refunded.
[Added 4-12-2016 ATM
by Art. 34]
A. The Town Clerk, the Animal Control Officer, and the Police Chief
shall have authority to issue fines for violations relating to dog
licenses.
B. All funds received by the Town Clerk as payment for dog licenses,
replacement tags, and related fees and fines shall be paid over to
the Town Treasurer.
[Added 4-12-2016 ATM
by Art. 33]
A. It shall be the duty of the owner and each person who possesses or
controls a dog to remove and properly dispose of any feces discharged
by such dog on any sidewalk, walkway, street, park, public area, any
other public property, or any private property in the Town.
B. Any owner or other person who violates the provisions of this section
shall be punished by a fine of $25 for each offense.
C. The Animal Control Officer or any duly appointed police officer of
the Town shall be authorized to enforce the provisions of this bylaw.