Section 39. Regulation of Dogs 14-39
Section 39. Regulation of Dogs 14-39 Section 1: License Fees, Exceptions 14-39(I) (1) License Fee - All fees for dog licenses and kennel licenses, fines and penalties shall be set by the Town Clerk, however, no fee shall increase without a majority vote of the voters present at a Town Meeting. 14-38A Inserted under article 68, ATM 1971. 14-39 This section was adopted in its present comprehensive form under article 28, ATM 1984, replacing a simple “leash law” which had been inserted under article 39, ATM 1967 and amended under article 9, ATM 1969. Amended under article 31, ATM April 26, 2004. 14-39(I) As amended under article 33, ATM 1990. Amended under article 59, ATM April 26, 2004. Amended under article 31, ATM May 13, 2013. 59 A certified copy of such certificate on file in the office of any city or town clerk in the Commonwealth may be accepted as evidence that such operation has been performed. If the town clerk is satisfied that a certificate of the veterinarian who spayed the dog cannot be obtained, the town clerk may accept in lieu thereof a statement made under the penalties of perjury by a veterinarian registered and practicing in the Commonwealth describing the dog and stating that the veterinarian has examined the dog and in their opinion the dog is not capable of propagation by reason of spaying. Until a certificate of a veterinarian who has examined the dog in question is produced the license fee for the licensing period shall be at the rate of an unspayed female. When application is made for a dog license the applicant shall also exhibit proof, by a veterinarian's certificate, that the dog has been vaccinated against rabies, within the last three years if the dog is six months of age or over, as required by General Laws chapter 140, section 115B. No fee shall be charged for a license for a dog specifically trained to lead or serve a blind person; provided that a certificate issued by the division of the blind is exhibited certifying that the dog is so trained and is actually used by a blind person. No license fee or part thereof shall be refunded because of a subsequent death, loss, spaying, removal from this commonwealth or any other disposal of the dog, nor shall any license fee or part thereof paid by mistake be paid back after it has been paid to the county pursuant to General Laws chapter 140 section 147 of the General Laws. In addition to the license fee as otherwise required by this section the owner of any dog which has not been licensed on or before May 30th in any year shall be subject to a late fee to be paid to the Town Clerk at the time such dog is licensed, said fee to be in addition to the license fee for all dogs licensed on or after May 30th of any year. Section 2: Disturbing the Peace No person shall own or keep in the Town any dog which by biting, excessive barking, howling or in any other manner disturbs the quiet of the public. Section 3: Definitions14-39(3) For the purposes of this Section 3 and Section 4, the following terms shall be defined as follows: 14-39(3) As amended under article 31, ATM May 13, 2013. 60 “Animal control officer”, an appointed officer authorized to enforce General Laws chapter 140, sections 136A to 174E, inclusive. “Attack”, aggressive physical contact initiated by an animal. “Dangerous dog”, a dog that either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal. “Hearing authority”, the Select Board. “Licensing authority”, the Town Clerk. “Nuisance dog”, a dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances. Section 4:14-39(4) (a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the Town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the following circumstances: (1) the dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; (2) the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog; (3) the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or (4) at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing. 14-39(4) As amended under article 31, ATM May 13, 2013. 61 The hearing authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a nuisance dog; or (C) deem the dog a dangerous dog. (b) If the hearing authority deems a dog a nuisance dog, the hearing authority may further order that the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior. (c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following: (i) that the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; (ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that “confined” shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog; (iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; (iv) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance; (v) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification; (vi) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the 62 owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; or (vii) that the dog be humanely euthanized. No order shall be issued directing that a dog deemed dangerous shall be removed from the Town. The Town shall not regulate dogs in a manner that is specific to breed. (d) Within 10 days after an order issued under subsections (a) to (c), inclusive, the owner or keeper of a dog may bring a petition in the district court within the judicial district in which the order relative to the dog was issued or where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by the court or a magistrate of the court. After notice to all parties, the magistrate shall, under section 62C of chapter 221 of the General Laws, review the order of the hearing authority, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. A party shall have the right to request a de novo hearing on the complaint before a justice of the court. (e)(1) Pending an appeal by an owner or keeper under subsection (d), the hearing authority may file a petition in the district court to request an order of impoundment at a facility the Town uses to shelter animals for a dog complained of as being a dangerous dog. The Town shall not incur liability for failure to request impoundment of a dog under this subsection. (2) A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a humane place of detention that the Town uses to shelter animals; or (iv) any other action as the court deems necessary to protect other animals and the public from the dog. (f) A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Based upon credible evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties. (g) If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the Town for all reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals process, if any. Unpaid costs shall be recovered by the Town on behalf of the hearing authority by any of the following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle 63 excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or keeper of the dog. All funds recovered by the Town under this subsection shall be transferred to the organization or entity charged with the responsibility of handling dog complaints and impoundment. If the organization or entity falls under the management or direction of the Town, costs recovered shall be distributed at the discretion of the Town. If the court overturns an order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and care of the dog during any period of impoundment. (h) If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. If the keeper of the dog is in violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the hearing authority, within 7 days, for the return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years. A hearing authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days. (i) Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under subsection (d) or (f). 64 Section 5: Full Time Leash Law Any person owning or harboring a dog shall not cause or allow said dog to roam at large * in any of the streets or public ways or places within the confines of the Town of Canton, or upon the premises of anyone other than the owner or keeper, unless the owner or occupant of such premises expressly grants permission. Under no circumstances shall a dog even though secured by suitable lead be allowed on private property, unless specific permission has been granted by the owner of said property. No dog shall be permitted in any public place or on any public thoroughfare inclusive of all Town owned property and properties under the authority of the Commonwealth of Massachusetts that are situated in the Town of Canton, unless said dog is restrained by a chain or lead not exceeding seven (7) feet in length that is of suitable test for the size of dog that is being restrained, and is attended by a person of adequate age and discretion to properly control its actions or is at the heel ** position beside a competent person and demonstrably obedient to the person's command. Section 6: Unlicensed Dogs; Licensed Dogs Not Wearing Tags Any dog within the limits of the Town, unlicensed or not wearing a valid license tag shall be impounded by the Animal Control Officer and not release until pound fees, in accordance with the General Laws, and pickup fees are paid and current license is obtained from the Town Clerk. Any dog not claimed within ten days will become the property of the Town of Canton, and will be disposed of by the Animal Control Officer by whatever humane means are available. 65 Section 7: Dogs in Estrus Cycle If the Animal Control Officer determines that a dog in her estrus cycle (even when confined to the property of her owner or keeper) is attracting other dogs to her area, which condition causes disturbance on or damage to neighboring property or public area, the Animal Control Officer may pick up and impound the dog for the duration of her estrus cycle, releasing thereafter to the owner or keeper upon payment of pickup and 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 commercial or boarding kennel or to remove it from the area so that the nuisance is abated. Section 8: Pound and Equipment The Select Board may select a commercial kennel facility within the Town or use the existing Town Kennel to impound or keep dogs that have been apprehended by the Animal Control Officer as being strays or violators of the law, providing that both of the foregoing are within cost limitations and specifications set by the Select Board. Section 9: Fines and Penalties 14-39(X) a. Failure to License a Dog in a timely manner $ 50. b. Violations of the Leash Law 1st Offense $ 50. 2nd Offense within 12 months of first $100. 3rd Offense within 12 months of first $300. 4th and all subsequent Offenses within 12 months of first $500. c..Dog Bite – The Animal Control Officer must make a judgment as to the severity and the provocation of the bite to determine the processing and procedure for this violation. 1st Offense $ 50. 2nd Offense $100. 3rd and all subsequent offenses $300. 4th and all subsequent offenses $500. d. Dog found in School Yard, in addition to Section X, B 1st Offense $ 50. 2nd Offense $100. 3rd Offense $300. 4th and all subsequent offenses $500. e. Nuisance complaints, including, but not limited to, barking, littering, defecating or micturating on sidewalks or private property. 1st Offense $ 50. 2nd Offense, within 12 months of first $100. 3rd Offense $300. 14-39(X) As amended under article 33, ATM 1990 and amended under article 25, ATM May 1, 2002. Amended again under article 34, ATM April 30, 2003. Amended under article 25, ATM May 15, 2019. Amended under article 24, ATM May 8, 2023. 66 4th and all subsequent offenses $500. f. Failure to comply with an order of restraint issued in accordance with MGL Chapter 140, Section 168 $ 50. g. Failure to comply with an order issued under the authority of MGL c. 140, section 163 to kill or confine a dog that has worried, maimed or killed livestock or fowls $ 25. h. Failure to cause a dog to be vaccinated against rabies as required by MGL chapter 140, section 145B $ 25.