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HomeMy WebLinkAbout2006 ATM-AG-FORM 2 - #-FINAL BYLAW-ARTICLE 10-CHAPTER 88-DOGS OF NORTH qti et.lEO is U p 0^yq9 9SSNCHUSES TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail Bradshaw(dtownofnorthandover.com This is to certify that the following is the text of Chapter 88 Dogs of the General Bylaws for the Town of North Andover as amended by Article 10 of the 2006 Annual Town Meeting voted June 6, 2006: Chapter 88 DOGS [HISTORY: Adopted by the Town of North Andover as Ch. 7 of the General Bylaws. Amendments noted where applicable.] § 88-1 Leash Required § 88-2 Impoundment; Redemption Fee § 88-3 Restraint Order § 88-4 Disposal of Unclaimed Dogs § 88-5 License Fees § 88-6 Removal of Feces § 88-7 Violations and Penalties § 88-8 Nuisances § 88-1 Leash Required. No owner or keeper of any dog shall permit it to leave its owner's or keeper's premises unless it is held firmly on a leash. The owner or keeper of a dog shall be that person normally responsible for the maintenance and upkeep of the premises upon which the dog is kept, and need not necessarily be the person to whom a dog license may have been issued. The Dog Officer shall be the enforcing officer of this chapter and may seek complaints against persons in violations hereof under provisions of Massachusetts General Laws C. 140, Sec, 173A. § 88-2 Impoundment; Redemption Fee. [Amended: Annual Town Meeting April 25,1981,Article 25] A. The Dog Officer may cause a dog to be impounded if it be found without a proper license or found at large or out of control outside of the bounds of the property of its owner or keeper. B. An impounded dog shall be released to its owner or keeper upon payment of an administrative fee and the pound fees, which fees shall be established by the Board of Selectmen, and, if necessary, upon its being properly licensed. Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. [Amended: Annual Town Meeting June 6,2006,Article 10—Pending AG Approval] § 88-3 Restraint Order. The Dog Officer may order the owner or keeper of a dog to restrain it after it has been impounded twice; he may remove such an order or restraint if he is satisfied that the dog is unlikely to repeat its offense. Any person who fails to comply with any outstanding order of restraint shall be deemed to have committed a breach of this chapter. § 88-4 Disposal of Unclaimed Dogs A dog impounded and unclaimed by its owner or keeper after ten-day period shall be disposed of in accordance with the provisions of Massachusetts General Laws C. 140, Sec. 151A. § 88-5 License Fees. All dogs six (6) months old or older must be licensed and tagged. All dog license fees shall be established by the Board of Selectmen. Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. [Amended by Article 10 — 2006 Annual Town Meeting-Pending AG Approval] § 88-6 Removal of Feces. [Annual Town Meeting May 12,1998,Article 48—Approved by Attorney General October 20, 1998] The person owning or in charge of a pet shall be responsible for the prompt removal of any feces deposited on public or private property, except on the property of the owner of the pet or with permission of the owner or occupant of the property. The penalty for violations shall be $25 for each offense. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his or her handicap, is physically unable to comply with the requirements of this bylaw or to any individual who utilizes a guide dog. § 88-7 Violations and Penalties The penalty for violations of this chapter shall be in accordance with Massachusetts General Laws C. 140, Sec. 173A. § 88-8 Nuisances [Added: Annual Town Meeting May 10,2005,Article 22—Approved by Attorney General August 29, 2005] [Amended Special Town Meeting December 5, 2005, Article 13 — Approved by Attorney General-April 3,2006] No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Barking frequently or for continued duration or making sounds which create a noise disturbance across a residential real property boundary, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds or trespassing upon private property in such manner as to damage property shall be deemed a nuisance. The penalty for violations shall be $25 for the first offense and $50 for each additional offense. Violations of this bylaws shall be handled as a noncriminal offense in accordance with the provisions of Massachusetts General Laws Chapter 40, § 21D. The Community Service Officer shall be the enforcing officer for violations of this bylaw. [Added December 5, 2005 Special Town Meeting Article 13]