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HomeMy WebLinkAbout1966-DCLC-rpt.pdf REPORT of the LEXINGTON DOG CONTROL LAW COMMITTEE Authority The Warrant for the annual Lexington Town Meeting in March, 1965 stated in Article 77, "Motion: To amend the general by-laws, as amended, by adding a new section under Article XXVI, Miscellanea to read substantially as follows: Section 1A. No dog owned or kept in this town shall be allowed to be off the premises of its owner or Leeper except in the immediate restraint andcontrol of some person by means of a leash. The owner or keeper of any such dog that is not so restrained or controlled off the premises of its owner or keeper shall be punishable by a fine of $10 for each offense . " By act of Town Meeting , March 211., 1965, the following Amendment to Article 77 was adopted: "I move that the matter of the Dog Leash Law be referred to a Committee of five for study and that the Moderator be instructed to appoint such a committee to report to the next annual Meeting." In accordance with said vote, Robert B. Kent , Moderator, appoint- ed the following members: Wallace B Beylies, Jr. Oscar R. Carlson Burt E. Nichols Dr. Howard A. Smith Donald B. White I. Introduction The committee has studied the dog control problem in Lexington relative to the need for a dog leash law and herewith presents its findings and conclusions . Since Lexington has changed rapidly from a rural area to a busy suburban community with greater population density and more congested streets, better dog control is needed to prevent annoyance, damage arir3 danger to people by dogs . This is emphasized by the fact that Population density and traffic volumes are increasing and will con- -l.nue to increase in the foreseeable future In our affluent society, t'&e dog population is also expected to increase . The prcb3em chat >r,.ow exi.nts in Lexington resulting fry r a_,gn runni_t g-r.V-l.nrge can be c11-41 1rto four categories: 1. The Home Owner - annoyed by trespassing dogs that damage property (gardens, plants, lawns) . 2. Children - bothered and harmed by over-friendly or ce- -esive dogs in the neighborhood, on the wa7 to or from schol, and in SC . )( j ; recreation or palk areas. 3. Pedestrians and bicyclists - annoyed and endangered by dogs on public streets and sidewalks. L . Motorists - chased by dogs which may distract the driver and may cause an accident. The only effective way to mitigate this situation is to provide for better dog control. There is outlined in the remainder of this report: a summary of existing laws applicable to dog control; recorded action taken by various communities, both in Massachusetts and elsewhere in the United States; and a recommended course of action to be taken by Lexington. II. Existing Lexington and Massachusetts laws applicable to dog control ( Including licenses) . A. Lexington Article XXVI, 1957 Edition (Article XLV, proposed 1965 Edition) of the General B, -L -13 c4" the Town of Lexington states, in its entiry: ,tion 1. No person. shall oun or keep in this Trin any dog which, by barking, bi ing or howling, or in any other manner, disturbs the o_rce and quiet of any person, and no person shall own, or keep in this Town any bird or fowl which, by Screeching or crowing or, in any other manner, disturbs the peace and quiet of any pernon." B. Commonwealth of Massachusetts. General Laws, (Thaptar 140, Sections 136A-175 ( 1965 Edition) concel-T dogs . The following sections are pertinent to the question of dog control and licenses . 1. Sec. 137 states , in part, " . . .the owner or keeper of a dog three months old or over. . . shall cause it to be registered, numo3red, described and licensed until the end of such liconse period. . " and " . . .the dog shall be cont-olled and restrained from killing, chas- ing or harassing live stock or fowls ." 2. Sec . 141 states , in part, "Whoe,rer violates any provision of Sec . 137. . . shall forfeit not less than five nor more than fifteen dollars . . ." . 3. Sec . 151 states in part , " . . .the Selectmen of each town shall annually on May first designate one or more dog officers, who may be police officers . . ." . "Any doc officer who fails to comply with the terms ofsp-MaNE rant ail] forthwith be removed from office by ' Each d()g offier . . . shall . . . attend to 911 complaints or oth©r pertaining to do-es . . ." . -2- ! . Sec. 151A states, in part, "The --selectmen shall annually within ten days after June first issue a warrant to such dog officer --directing him--to seek out , catch and con- fine all dogs wi ,e n tae -- town which then have not been licensed -- aer' ,,- -e-ente a compleint for failure to comply with 77: ' , Li 3 ens of th-te chal. eer against the owners or kerl eed to 1,111 Gr cAl,se to be killed each such dL w L - f er beirs. uetaiel :d by or for him -- for a poriod of Gen days shall net then have been licensed --- . " S. Sec . 156 s'caies , in part, "Ary per= _zer kill a dog which suridenly &see I J him v' lIe he is peeeoreely standing, waleinE or r _Alre; outside ere enclosure 01 its owner or ke per; and E4; y, uerson may 11.1 a dog:, fk.0 u cut of the enclosure of its cemer or keeper and net under his immedi- ate care in tlee act of worrying, wounding or killing persons, live s6ock or fowls --- . " 6. Sec . 157 states, in part, "If any person shall make a complaint in writing to the selectmen of a town --- that any dog owned or harbored within -- their jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other distLrbance --- , such selectmen -- shall investiedte or cause to be inverti7ated such com- plaint --- anc 1 ,y make such order corceening the restraint or disposal or Teen do as may be doeried eeeessary. " "Any person ownerg or harboring such suc c vtho shall fail to conply with ane- ceder of the selectmen --- shall be punished by a c u- ro5 1,oro than $10 or by imprisonment for not more thah 30 days or both. " 7. Sec . 167 states , in part, "The-Selectmen may order that all dogs shall be mizzled or restrained from running at large during such time as shall be prescribed by such order." 8. Sec . 168 states, in part, "The--Selectmen may cause service of such order to be made upon the owner or keeper of the dog. . . , and if he refuses or neglects for twelve hours thereafter to muzzle or restrain such dogs as so required, he shall be punished by a fine of not more than $25.00." 9. Sec . 169 states, in part, "A -- town officer who refuses or willfully neglects to perform the duties imposed upon him by the provisions of this chapter relating to dogs shall be punished by a fine of not more than 3100 -- ." 10. Sec. 173 states, in part, "A town may make additional ordinances or by-laws relative to the licensing and re- straihing of dogs and may affix penalties of not more than $10.00 for a breach thereof; . . ." -3- III. Recorded Action by Various Communities. A. Massachusetts 1. Newton. a. Laws. Ordinances of Newton, Chapter III, Article II Dogs, Section 3-11, Restr&int or Muzzling of dogs. "The dog officer may restrain or order to be restrained or muzzled any dog for any of the following reasons: ( a) If found at large or unmuzzled, as the case may be, while an order of the dog officer for the restraint or muzzling of such dog is in effect. (b) If found in a school, schoolyard or public recre- ational area. ( c) For having bitten any person. (d) For having killed or maimed or otherwise damaged any domesticated animal. (e) For chasing any vehicle upon any public way or way open to public travel in the city. (f) For any violation of section 3-9. (Ord. No.488, sec . 1) b. Enforcement. A new department within the Police Dept . , "Department of Animal Control" , since Feb. 1965. Equipment : one truck PeT-bonnel : 2 dog officers Pound: Local veterinarians Budget : S6210 for 1965 2. Wareham. Notice, due to action by Selectmen: "Attention Dog Owners By authority of General Laws, Ch. 140. Sec. 167, you are hereby notified that all dogs must be restrained from running at large, or be effectively muzzled, within the Town of Wareham, Mass. This is to include all beach areas and districts, etc . , until further notice ( year around) ." 3. Bourne (Effective May 28, 1963. ) "Notice to muzzle or Restrain Dogs : By authority of the General Laws, Chapter 140, Section 167, notice is hereby given that the Board of Selectmen of the Town of Bourne has passed the following order . Effective June 15 to September 15, all dogs are to be restrained from running at large or be effectually muz- zled within the Town of Bourne, Massachusetts. Dogs found at large and unmuzzled within the Town ma be kill- ed. No dogs shall be allowed on any beaches Viithin the town." -4- 4. Mattapoisett (Effective May 17, 1965) . "Notice of Dog Restraining Order Ordered : that all dogs shall be restrained from running at large within the limits of the Town of Mattapoisett from June 1, 1965 to and including Sept . 30, 1965. . .11 5 . Hull. Voted , "---to instr_ct the selectmen to order that all dogs must be leashed or under verbal control when not confined to their owners"property. " 6. Sharon. Section 3. Complaint of Nuisance . Same as Sec . 157, Chapter 140, Msss . General Laws, in part and including: The Dog Officer, after investigation, may issue an interim order that such dog be restrained or muzzled for a period not to exceed fourteen days to enable the Selectmen to issue their order following receipt of the report of the Dog Officer. If the Selectmen fail to act during the period, of the interim order, upon expiration of the period the interim order auto- matically is vacated. Section 4. Similar to Newton, Mass . Law, paragraph "a" , in part and including: Upon restraining or muzzling, or issuiri n interim order to restrain or muzzle , the Dog Officer shall submit in writing to the Selectmen a report of his action and the reasons there- for. 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 automatically is vacatea. Section 5. Appeal of Restraint or Muzzling. 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 Dog Officer that the restraining order be vacated, or that the dog be released, and after investigation by the Dog 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, b the Dog Officer shall submit a written report of his investi- gation, with his recommendations, to the Selectmen, who may vacate such order. Zection 6. Any owner or keeper of a dog who shall fail to comply with aTy order of the Dog Officer or Selectmen issued pursuant to thls article shall be punishable by a fine of ten dollars . -5- 7. Springfield. Sec . 3-8 REVISED ORDINANCES 1963 DOG LEASH LAW - CITY OF SPRINGFIELD No person owning or keeping a dog in the city shall permit such dog to be at large in the city, 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 city 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. 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 shall be prima facie evidence that such knowledge and permission was not had. Any dog found to be at large in violation of this section shall be caught and confined by the dog officer, who shall notify forthwith the licensed owner or keeper of such dog, giving the owner or keeper a period of ten days within which to recover the dog, failing which the dog shall be destroyed. 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. The dog officer shall enter and prosecute a com,, plaint against the owner or keeper of any dog taken into his custody under this section; provided, that if within the twelve months next preceding this offense the owner or keeper has not been convicted for violation of this section or a dog owned or kept by him has not been taken into custody for violation of this section the dog officer may waive prosecution. The park department may designate times and places on public park property where dogs may be exercised or trained off leash while under the control and supervision of their masters . A violation of this section shall be punishable by a fine of not more than ten dollars for each offense . B. Out-of-State . 1. Nashua, New Hampshire . (Effective Sept . 10, 1964) . Ordinances Chapter XI, Part III, "Sec. III. Running at large Prohibited : It shall be unlawful to permit any dog to run at large . "At large" shall be intended to mean off the premises of the owner or the keeper, and not under the control of the owner or a responsible person." -6- 2. Palo Altow. Calif. Sec. 18.45. Leash Required (Enacted 1955) "No person owning or harboring any dog shall allow or permit such dog, whether licensed or not, to be upon a public street, sidewalk, park, school ground, public place or upon any unenclosed lot or land except when held under leash by an able-bodied person. " 3. Salt Lake City, Utah ( 1955, Revised 1965) . Sec. 1-3-12, Dogs Running at large. "It shall be unlawful for any person to own, keep, or possess any dog unless such dog is at all times prevented from running at large. ( 1) the owner of any dog running at large shall be in vio- lation of this section regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large. This section intends to impose upon the owners of dogs an absolute burden of keeping such dogs on their premises at all times unless upon a leash. (2) Violation of the provisions of this section is hereby declared to be a nuisance and a menace to the public health and safety, and said dog or dogs shall be taken up and impounded as provided herein. L . New York State recommended o2dinances : a. No person owning or having tne custody and control of a dog shall permit such dog to be at fare in the Town, elsewhere than on the premises of the owner, except it be on the premises of another person with the knowledge and consent of such other person. b . The owner or person having the custody and control of a dog in the Town, which is not on the premises of the owner or upon the premises of another person with the know- ledge and consent of such person, shall control and re- strain such a dog by a leash. c . The fact that a dog is at large in the Town, elsewhere than on the premises of the owner, shall be pre- sumptive evidence that the dog has been permitted to be at large with the knowledge of the owner or person having the custody and control of the dog. d. A violation of this section shall be an offense and shall be punishable by a fine of not less than $5.00 or more than $25.00 or by imprisonment of not more than 25 days . -7- IV. Recommendations. 1. The committee believes that the existing laws regarding licens- ing of dogs have considerable inherent strength and recommends that the dog officer be required to enforce the licensing laws especially Chapter 140, Section 137 and Section 151A. 2. The committee recommends that the selectmen place an article in the 1966 annual town warrant to give the dog officer additional powers for dog control ( authority: Chapter 140, Section 173) . A suggested article for the 1966 annual town warrant is as follows : ARTICLE 95. To see if the Town Will vote to amend the General By-Laws by adding thereto a new Section 1A. under Article XXVI, Miscellaneous, to read substantially as follows: Section 1A. The dog officer is authorized to re- quire owners or keepers of dogs to restrain their dogs from running at large in the following areas: 1 . Schools, school yards or school playgrounds. 2. Parks or public recreation areas . 3. Commercially zoned areas . The dog officer is further authorized to require owners or keepers of dogs to restrain their dogs from running at large when off the premises of the owner or keeper when it has been determined by the dog officer that the dog is an annoyance, is dangerous , or is known to cause damage in a neighborhood. Any owner or keeper of a dog who shall fail to comply with any order of the dog officer issued pursuant to this article shall be punish- able by a fine of ten dollars . The dog officer will not be expected to seek out and pick up dogs in violation of this order but will respond to com- plaints of violations. The dog officer will determine the owner or keeper of the offending dog and shall require the owner or keeper to restrain the dog. Unlicensed dogs shall be taken into custody under the provisions of Mass. General Laws, Chapter 140, Section 151A. -8- 3. The committee recommends that the selectmen appoint a committee within the next two years to determine the effectiveness of the above article and to determine if further restraint is required at that time and to recommend laws with adequate provisions and facilities for enforcement including cost estimates . Wallace B. Baylies, Jr . Chairman Oscar R. Carlson Burt E. Nichols, Secretary Dr . Howard A. Smith Donald B. Whitd -9-