Town of North Reading, MA

[HISTORY: Adopted by the Town Meeting of the Town of North Reading as indicated in article histories. Amendments noted where applicable.]

[Adopted 3_28_1966 ATM by Art. 19,

~ 23_1. License fee; exemption for certain dogs; refunds. [Amended 10_8_1981 ATM by Art. 16, approved 3_2_1982; 10_9_1986 ATM by Art. 5, approved 11_4_1986; 10_4_1999 ATM by Art. 9, approved 12_14_1999]

A. The annual fee for every dog license, except as otherwise provided by law, shall be $10.00 for a male or female dog, unless a certificate of a registered veterinarian who performed an operation that such dog has been neutered or spayed and has thereby been deprived of the power of propagation has been shown to the Town Clerk, in which case the fee for each shall be $5.00. If the Town Clerk is satisfied that the certificate of the veterinarian who performed such operation cannot be obtained, he may accept in lieu thereof a statement signed under the penalties of perjury by a veterinarian registered and practicing in the Commonwealth, describing the dog and stating that he has examined such dog, and that it appears to have been, and in his opinion has been, neutered or spayed and thereby deprived of the power of propagation, or a receipt of a bill from the veterinarian who performed such operation.

B. No fee shall be charged for a license for a dog specially trained to lead or serve a blind person; provided that the Massachusetts Commission for the Blind certifies that such dog is so trained and actually in the service of a blind person. No fee shall be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided that the Director of the Office of Deafness certifies that such dog is so trained and actually in the service of the deaf person. No license, fee, or part thereof shall be refunded because of the subsequent death, loss, sterilization, removal from the Commonwealth, or other disposal of any licensed dog; nor shall any license fee or part thereof paid by mistake be paid or recovered back after it has been paid to the Town.

~ 23_2. License period; late charges. [Added 10_2_1978 ATM by Art. 7, approved 12_28_1978; amended 4_4_1983 ATM by Art. 7, approved 5_5_1983; 10_9_1986 ATM by Art. 6, approved 11_4_1986]

All dogs over the age of three (3) months must be licensed by June 1 each year. A late charge of five ($5) dollars will be assessed to all renewal dog licenses issued after June 30 each year, the receipts of which shall be turned in to the Town Treasurer.

~ 23_3. Vaccination against rabies required. [Added 10_17_1977 ATM by Art. 23, approved 2_28_1978]

A. The owner or keeper of a dog at least three (3) and no more than six (6) months of age shall cause that dog to be vaccinated against rabies by a veterinarian using a vaccine approved by the Department of Public Health. Whoever violates this section shall be fined fifty ($50) dollars for each offense. [Amended 10_2_1989 ATM by Art. 9, approved 12_7_1989]

B. Upon vaccinating, the veterinarian shall prepare three (3) copies of a form which shall specify the name of the owner or keeper of the dog and the name, registered number, license number, and description of the dog. He shall mail one copy to the Clerk of the Town in which the dog is kept. He shall present one copy to the owner or keeper of the dog. [Amended 10_2_2000 ATM by Art. 4, approved 3_29_2001]

~ 23_4. License conditions. [Added 10_17_1977 ATM by Art. 23, approved 2_28_1978]

A. As prior conditions of licensure, the owner or keeper of the dog to be licensed shall:

(1) Agree to control and restrain said dog from killing, chasing, or harassing livestock or fowl;

(2) Present written certification by a veterinarian that said dog has been vaccinated against rabies within a time period as established by the Board of Health, and using a vaccine approved by the Department of Public Health; and

(3) Cause said dog to wear around its neck or body a collar or harness of leather or other suitable material to which he shall securely attach the tag issued to him.

B. The owner of any dog so licensed may add no more than ten (10) descriptive words upon the license form to indicate the color, breed, weight, and special markings of the dog. Substitute tags shall be secured by the owner or keeper at a cost of one ($1) dollar in the event any tag is lost, defaced, or destroyed.

~ 23_5. 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.

~ 23_6. Complaint of nuisance. [Amended 10_2_2000 ATM by Art. 4, approved 3_29_2001]

If any person shall make a complaint in writing to the Animal Control Officer that any dog owned or harbored within his jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, the Animal Control Officer shall investigate such complaint, which may include an examination under oath of the complainant, and submit a written report to the Selectmen of his findings and recommendations, together with the written complaint. Upon receipt of such report and examination of the complainant under oath, the Selectmen may make such order concerning the restraint, muzzling, or disposal of such dog as may be deemed necessary. The Animal Control Officer, after investigation, may issue an interim order that such dog be restrained or muzzled for a period not to exceed fourteen (14) days to enable the Selectmen to issue their order following receipt of the report of the Animal Control Officer. If the Selectmen fail to act during the period of the interim order, upon expiration of the period the interim order automatically is vacated.

~ 23_7. Restraint or muzzling. [Amended 10_2_2000 ATM by Art. 4, approved 3_29_2001]

A. The Animal Control Officer may restrain or muzzle, or issue an interim order to restrain or muzzle, for a period not to exceed fourteen (14) days, any dog for any of the following reasons:

(1) For having bitten any person;

(2) If found at large or unmuzzled, as the case may be, while an order for the restraint of such dog is in effect;

(3) If found in a school, schoolyard, or public recreational area;

(4) For having killed or maimed or otherwise damaged any other domesticated animal;

(5) For chasing any vehicle upon any public way or way open to public travel in the Town;

(6) For any violation of ~ 23_5.

B. Upon restraining or muzzling or issuing an interim order to restrain or muzzle, the Animal Control Officer shall submit, in writing to the Selectmen, a report of his action and the reasons therefor. Upon receipt of such report, the Selectmen may make such order concerning the restraint, muzzling, or disposal of such dog as may be deemed necessary. If the Selectmen fail to act upon the report during the period the dog is restrained or muzzled, upon expiration of the period the interim order is automatically vacated.

~ 23_8. Appeal of restraint or muzzling. [Amended 10_2_2000 ATM by Art. 4, approved 3_29_2001]

The owner or keeper of any dog that has been ordered to be restrained or muzzled or has been restrained under this article may file a request in writing with the Animal Control Officer that the restraining order be vacated or that the dog be released; and after investigation by the Animal Control Officer, such Officer may vacate such order or release such dog if the order or restraint was imposed by him. If the order was imposed by the Selectmen, the Animal Control Officer shall submit a written report of his investigation with his recommendations to the Selectmen, who may vacate such order.

~ 23_9. Violations and penalties. [Amended 10_5_1987 ATM by Art. 5, approved 11_16_1987; 10_2_1989 ATM by Art. 9, approved 12_7_1989; 10_5_1998 ATM by Art. 12, approved 1_27_1999; 10_2_2000 ATM by Art. 4, approved 3_29_2001]

Any owner or keeper of a dog who shall fail to comply with any order of the Animal Control Officer or Selectmen issued pursuant to this article shall be punishable by a fine of twenty_five ($25) dollars for the first offense and $50 for second and subsequent offenses.

~ 23_10. Leash law. [Added 5_3_1971 ATM by Art. 38, approved 6_11_1971]

A. No person owning or keeping a dog in the Town of North Reading shall allow, permit, or suffer such dog to go or run at large in the Town without such dog being on a leash and under the control of said owner or keeper. Reports of all violations of this section shall be made to the Police Department, where a record of such violations shall be kept on file. Violations of this section shall be subject to a written warning for the first offense, a fine of twenty_five ($25) dollars for the second offense and a fine of $50 for subsequent offenses. [Amended 10_5_1987 ATM by Art. 6, approved 11_16_1987; 10_2_1989 ATM by Art. 9, approved 12_7_1989; 10_5_1998 ATM by Art. 12, approved 1_27_1999]

B. Prior to the assessment of the aforementioned fine, reported violations of this section shall be investigated and validated by the Town's Animal Control Officer and/or the Police Department. [Amended 10_2_2000 ATM by Art. 4, approved 3_29_2001]

C. The Animal Control Officer and/or the Police Department may waive prosecution under this section if, within twelve (12) months of said warning, no addition violation of this section has been recorded against the owner or keeper. [Amended 10_2_2000 ATM by Art. 4, approved 3_29_2001]

~ 23_11. Dog pickup fee. [Added 10_17_1977 ATM by Art. 24, approved 2_28_1978; amended 4_23_1979 ATM by Art. 17, approved 5_18_1979; 4_4_1983 ATM by Art. 6, approved 5_5_1983; 10_2_2000 ATM by Art. 4, approved 3_29_2001]

There shall be a pickup fee of twenty_five ($25) dollars for each dog picked up by the Animal Control Officer or his assistant or designee and impounded for violation of any section of Chapter 140 of the Massachusetts General Laws. All money will be paid to the town.

~ 23_12. Removal and disposal of waste. [Added 10_9_1997 ATM by Art. 8, approved 1_29_1998]

A. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area in the town. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.

B. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.

C. For the purposes of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable for the disposal of canine feces or as otherwise designated as appropriate by the Board of Health.

D. Enforcement of this section may, in the first instance, be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a noncriminal disposition. The enforcing persons shall be any police officer of the Town or any animal control officer of the Town.

E. Reports of all violations of this section shall be made to the Police Department, where a record of such violations shall be kept on file. Violation of this section shall be subject to a written warning for the first offense, a fine of twenty_five ($25) dollars for the second offense and a fine of $50 for subsequent offenses. [Amended 10_5_1998 ATM by Art. 12, approved 1_27_1999]

F. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this by_law or to any individual who utilizes a guide dog.

G. The provisions of this section are severable, and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.