CODE OF THE
TOWN OF PALMER,
MASSACHUSETTS, v15
Chapter 79, DOGS
[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
ARTICLE I, Dogs at Large [Adopted 8-31-1981 Special Town Meeting, Art. 8]
§ 79-1. Running at large prohibited.
No person owning or keeping a dog in the town shall permit such dog to be at large in the town elsewhere than on the premises of the owner or keeper, except if it be on the premises of another person with the knowledge and permission of such other person. Such owner or keeper of a dog in the town which is not on the premises of the owner or upon the premises of another person with the knowledge and permission of such person shall restrain such dog by a chain or leash not exceeding six feet in length.
§ 79-2. Prima facie evidence.
In any prosecution hereunder the presence of such dog at large upon premises other than the premises of the owner or keeper of such dog when such dog is not restrained as above mentioned shall be prima facie evidence that such knowledge and permission was not had.
§ 79-3. Seizure and confinement; disposition.
Any dog found to be at large in violation of this article shall be caught and confined by the Dog Officer and/or his assistants, who shall notify forthwith the licensed owner or keeper of such dog, giving the owner or keeper a period of 10 days within which to recover the dog. Dogs confined under the authority of this order shall be confined in a place suitable for the care and detention of dogs or they may be placed in the care of the holder of a kennel license, such place or holder of a kennel license to be designated by the Board of Selectmen. At the end of the ten-day period, any dog not so claimed may be disposed of in the manner provided by law. The owner or keeper of such dog shall be required to pay the reasonable expenses of maintaining such dog in confinement, including but not limited to costs of feeding, medical
care, medicines and the like. Return of the dog to the licensed owner or keeper shall be dependent upon admission of ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper.
§ 79-4. Complaint and prosecution by Dog Officer.
The Dog Officer shall enter and prosecute a complaint against the owner or keeper of any dog taken into his custody under this article, provided that if within the 12 months next preceding this offense the owner or keeper has not been convicted for violation of this article or a dog owned or kept by him has not been taken into custody for violation of this chapter, the Dog Officer may waive prosecution.
§ 79-5. Authority to relax restrictions.
The Board of Selectmen or its designees may designate times and places on town property where dogs may be exercised or trained off the leash but under the control or supervision of their masters.
§ 79-6. Dogs on school grounds or near public wading pool.
No dog owned or kept in the town shall be allowed on any school playgrounds between the hours of 8:00 a.m. and 4:00 p.m. on any day that public schools are in session or in the vicinity of any public wading pool while said public wading pool is in use.
§ 79-7. Complaint of nuisance.
A. Any person may make a complaint in writing to the police that any dog owned or harbored within the town is a nuisance by reason of vicious disposition, excessive barking or other disturbance. The police shall take action as provided in MGL C. 140, § 157, and any amendments thereto. Such other disturbance causing a nuisance shall include but not be limited to the following:
(1) Chasing cars.
(2) Running in packs.
(3) Breaking or damaging shrubbery.
(4) Damaging gardens.
(5) Biting of persons.
(6) Running at large in violation of this chapter.
B. Said written complaint to the police shall include the name and address of the owner or keeper of said dog.
§ 79-8. Violations and penalties.
A violation of this chapter shall be punishable as follows:
A. If it is the first offense subject to this chapter committed by such person within a calendar year, the payment of a fine of $25 shall operate as a final disposition of the case.
B. If it is the second offense so committed in the town in the calendar year, the payment of a fine of $35 shall operate as a final disposition of the case.
C. If it is the third offense and for all subsequent offenses thereafter so committed in the town in a calendar year, payment of a fine of $50 shall operate as a final disposition of the case. Such payment shall be made only by postal note, money order or check.
§ 79-9. Fees; disposition of funds. [Added 5-20-1996 ATM, Art. 40]
A. Fees.
(1) Dog licensure.
Type of License |
Fee |
Male/female |
$15.00 |
Neutered/spayed |
$5.00 |
Transfer |
$1.00 |
(2) Kennels.
Number of Dogs |
Fee |
Not more than |
$25.00 |
Not more than 10 |
$40.00 |
More than 10 |
$60.00 |
B. Disposition of funds. The sums collected pursuant to the provisions of this section shall be accounted for and paid to the Town Treasurer; however, the Dog Officer shall be entitled to all fees paid for the care of impounded dogs by the owners thereof.
§ 79-10. Kennels. [Added 11-18-1996 STM, Art. 22]
Standards that apply to kennels are as follows:
A. Minimum lot area shall be two acres.
B. All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be located within the rear yard.
C. All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be a minimum of 100 feet away from all property lines.
D. All outdoor running areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be a minimum of 10 feet from all property lines.
E. All animal wastes shall be regularly cleaned up and properly disposed of.
F. The applicant shall demonstrate a working plan to prevent or alleviate any noise problems emanating from animals boarded on the site.
§ 79-11. Property damage; appraisal and reimbursement. [Added 11-18-1996 STM, Art. 23]
A. Whoever suffers loss by the maiming or killing of his livestock or fowls by a licensed or unlicensed dog or dogs, outside the premises of the owner or keeper of such dog or dogs, may inform the Chairman of the Selectmen or, if he is absent or ill, anyone of the Selectmen or designee, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs and, if so, appraise the amount thereof if it does not exceed $50. If in the opinion of said Chairman or Selectmen, the amount of said damage exceeds $50, the damage shall be appraised, on oath, by three persons acting as appraisers. The appraisers shall be comprised of the Chairman of Selectmen or his designee, the Chief of Police or his designee and a person designated by the person alleged to be damaged.
B. Said appraisers shall determine, if possible, the owner of the licensed or unlicensed dog or dogs and present said dog owner, by certified mail, with such evidence and a certificate of damage, to include the labor and time necessarily expended in the finding and collecting of the livestock or fowl injured or separated and the value of the lost or otherwise damaged livestock or fowl. Awards shall in no case exceed the fair cash market value of such livestock or fowl. Said dog owner shall pay the aggrieved person for the damages within 30 days of the receipt of the certificate of damage. The aggrieved person shall have the right to take district court action if said dog owner fails to comply with the required payment. If the appraisers cannot determine the owner of the licensed or unlicensed dog or dogs, the Selectmen shall
approve warrant for payment to the aggrieved person from the dog control account.
C. No owner of livestock or fowl shall be reimbursed for damages inflicted by his own dog or dogs, nor shall he be reimbursed for any damage by any dog or dogs, if at the time such damage was inflicted, he was himself the owner or keeper of an unlicensed dog of the age of six months or older. No reimbursement shall be made on account of damage inflicted by a dog or dogs to a deer, elk, cottontail rabbit, northern hare, pheasant, quail, partridge or other livestock or fowl determined by the Department of Fish and Wildlife to be wild, unless they are kept by a permit issued by said Department. No reimbursement shall be made for damage inflicted by a dog or dogs to dogs, cats or other household pets.
ARTICLE II, Removal of Canine Waste [Adopted 11-22-1999 Special Town Meeting, Art. 10]
§ 79-12. Duty to dispose.
It shall be the duty and responsibility 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.
§ 79-13. Duty to possess means of removal.
No person who owns, possesses or controls a dog shall appear with such dog on any sidewalk, street or other public area without means of removal of any feces left by such dog.
§ 79-14. Method of removal and disposal.
For the purpose of this bylaw, the means of removal shall be by any tool, implement, container 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 disposal of feces.
§ 79-15. Complaints.
A complaint form signed under the pains and penalties of perjury must be filed at the office of the Board of Selectmen before any enforcement action can be taken except when the Dog Officer/Animal Control Officer observes the offense.
§ 79-16. Exemption.
This bylaw 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 bylaw.
§ 79-17. Violations and penalties.
A violation of Article II of this chapter shall be punishable as follows: a fine of $25 for each offense.
§ 79-18. Noncriminal disposition.
Enforcement of this bylaw may be pursued through the provisions of MGL c. 40, § 21D, of the Massachusetts General Laws, which provides for the noncriminal disposition of bylaws. The enforcing persons shall be the Animal Control Officer, Board of Selectmen and Dog Officer of the town. This amendment does not apply to guide dogs accompanied by handicapped persons.
§ 79-19. Right to hearing.
Any person who is the subject of a complaint by a private citizen may seek a hearing before a hearing officer designated by the Board of Selectmen by filing a request for a hearing with the Office of the Board of Selectmen within seven days after such person's receipt of notice of violation. The filing of the request for hearing shall automatically stay further proceedings under MGL c. 40, § 21D, until such person receives notice of the hearing officer's decision.
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