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Canton Town Meeting — 2013 ATM

Town Meeting · Record year 2013 · Record lf-40409

Saved text from 50 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-16.

Section 3: Definitions

For the purposes of this Section 3 and Section 4, the following terms shall be
defined as follows:
“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 Board of Selectmen.

“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

(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;

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(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.

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

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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 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

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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 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

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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).

And by deleting Section 39A, Regulation of Pit Bulls, in its entirety.
Board of Selectmen


VOTE TO APPLY TO MSBA FOR REIMBURSEMENT OF FUNDING
FOR HANSEN ELEMENTARY SCHOOL WINDOW
REPLACEMENT/REPAIRS.
Article 32 To see what sums of money the Town will raise and
appropriate, transfer from available funds, borrow pursuant to any applicable
statute appropriate or obtain pursuant to a grant funding agreement with the
Massachusetts School Building Authority to pay the costs of a window
replacement repair project at the Lieutenant Peter M. Hansen Elementary
School, 25 Pecunit Street, Canton, MA including the payment of all costs
incidental or related thereto, or take any action related thereto.
Board of Selectmen for the School Committee



VOTE TO APPLY TO MSBA FOR REIMBURSEMENT OF FUNDING
FOR GALVIN MIDDLE SCHOOLWINDOW
REPLACEMENT/REPAIRS.
Article 33 To see what sums of money the Town will raise and
appropriate, transfer from available funds, borrow pursuant to any applicable
statute appropriate or obtain pursuant to a grant funding agreement with the
Massachusetts School Building Authority to pay the costs of a window
replacement repair project at the William H. Galvin Middle School, 55
Pecunit Street, Canton, MA including the payment of all costs incidental or
related thereto, or take any action related thereto.
Board of Selectmen for the School Committee


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AMEND ADDITIONAL 43D PRIORITY DEVELOPMENT SITES
Article 34 To see if the Town will vote to accept the provisions of c.43D,
Sections 1 through 16, of the General Laws and to designate the following
parcel of land as a "Priority Development Site" in the Town of Canton for
expedited municipal permitting within the meaning of G.L. Chapter 43D,
and to approve the filing of an application with the Commonwealth of
Massachusetts Interagency Permitting Board for designation of such parcel
as a Priority Development Sites, including but not limited to:

465 Turnpike Street (former Commercial Sheet Metal site) known as
Canton Assessor’s Map 77, Lot 14.
and that the Board of Selectmen be hereby authorized to implement the
following within 120 days of the acceptance of Chapter 43D with respect to
the above mentioned Priority Development Sites:
(a) appoint a single point of contact to serve as the primary municipal liaison
for all issues relating to Chapter 43D in connection with said Priority
Development Sites;
(b) amend rules and regulations, with the assistance of various permitting
boards, on permit issuance to conform with Chapter 43D with respect to the
foregoing Priority Development Sites;
(c) along with the Town's permitting boards, collect and ensure the
availability of all governing statutes, local bylaws, regulations, procedures
and protocols pertaining to each permit;
(d) establish a procedure whereby the Board of Selectmen shall determine all
permits, reviews and pre-development review required for a Priority
Development Site project, all required scoping sessions, public comment
periods and public hearings and all additional specific applications and
supplemental information required for review, including when applicable,
the identification of potential conflicts of jurisdiction or substantive
standards with abutting municipalities and a procedure for notifying the
applicant; and
(e) establish a procedure, following notification of the required submissions
for review as set forth in clause (d) above, for determining if all the
materials required for the review of the Priority Development project have
been completed.
Board of Selectmen for Economic Development Committee

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ACCEPT GENERAL OR SESSION LAWS ENACTED BY THE
GENERAL COURT
Article 35 To see if the town will vote to accept any general or session
laws enacted by the General Court for the benefit of cities or towns or of
benefit to the Town of Canton, or to take any other action related thereto.
Board of Selectmen


APPROVAL OF FUNDING FOR THE FY 14 ASSESSING
REVALUATION PROJECT
Article 36 To see if the Town will vote to raise and appropriate, borrow
pursuant to any applicable statute or transfer from available funds the sum of
One Hundred Twenty Thousand Dollard ($120,000) for professional
services to perform FY14 Assessing Revaluation for Re-Certification as
required every 3 years to meet State requirements, or to take any other action
related thereto.
Board of Selectmen for the Board of Assessors


APPROVAL OF FUNDING FOR THE ANNUAL 4TH OF JULY
COMMUNITY CELEBRATION
Article 37 To see if the Town will vote to raise and appropriate, borrow
pursuant to any applicable statute or transfer from available funds the sum of
Thirty-Five Thousand Dollars ($35,000) to be expended by the Canton
Recreation Director for the purpose of funding the annual July 4th
community celebration in 2013, or to take any other action related thereto.
Board of Selectmen for the Canton Recreation Commission


INSURANCE PROCEEDS
Article 38 To see whether the Town will vote to appropriate all sums over
$20,000 recovered under the terms of any insurance policy and any other
insurance proceeds paid to the Town in connection with any losses suffered
by the Town, or to take any other action related thereto.
Board of Selectmen




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VOTE TO RESCIND UNUSED BORROWING AUTHORIZATIONS
Article 39 To see if the town will vote to rescind unused borrowing
authorizations previously voted by the town, or to take any other action
related thereto.
Board of Selectmen


INCREASE STABILIZATION FUND
Article 40 To see what sums of money the Town will vote to raise and
appropriate or transfer from any available funds or borrow pursuant to any
applicable statute, in order to increase any Stabilization Fund of the Town
established pursuant to MGL Chapter 40, section 5B, or to take any other
action related thereto.
Board of Selectmen for the Finance Director


APPROPRIATE FUNDS TO MEET EXPENSES FOR NEXT FISCAL
YEAR (FY14)
Article 41 To see what sums of money the town will vote to raise and
appropriate, transfer from any available funds or borrow pursuant to any
applicable statute to meet the expenses of the next fiscal year for the various
Town Boards, Committees, Departments and Agencies, or to take any other
action related thereto.
Board of Selectmen




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And you are hereby directed to serve this warrant by posting attested copies
at the Post Office and at not less than six other public places at least sixty
days before the day the said meeting is held.


      Hereof fail not, and make due return of this warrant with your doings
thereon to the town clerk before the day the said meeting is held.




      Given under our hands and seals this (12th) day of March in the year
two thousand and thirteen.



Board of Selectmen,
Town of Canton

______________________                ____________________________
Robert E. Burr, Jr., Chair            Avril T. Elkort, Vice-Chair

______________________                ____________________________
Gerald A. Salvatori, Jr., Clerk       John J. Connolly, Member

                      ____________________________
                      Victor D. Del Vecchio, Member




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CONSTABLES RETURN OF SERVICE


Norfolk, ss


Pursuant to the within Warrant to me directed, I have notified and warned
the inhabitants of the Town of Canton to meet at the time and places
mentioned in the said warrant and for the purposes as stated in the said
Warrant by posting up attested copies of the same at the Post Office and at
six other public places in the town sixty days, or more, before the day set in
the said warrant.


Date on which the said notices were posted


___________________________________




      ______________________________________________________
                                  Constable


Received and filed in the Office of the Town Clerk on


___________________________________




      ______________________________________________________
                         Tracy Kenney, Town Clerk


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