Animal Control Bylaws

As found in the Town of Hanover General Bylaws (March 23, 2018)

Section 6-10 Animal Control Bylaw

A. Animal Control Officer

The Town Manager, or as otherwise provided for in accordance with “an Act establishing a Town Manager form of Government for the Town of Hanover” shall annually appoint an Animal Control Officer whose duties will be to: (1) act as the Dog Officer and implement and enforce the Dog Control Law as set forth herein in Section B; (2) implement and enforce animal control laws as set forth herein in Section C; and (3) remove and dispose of dead animals on Town owned property, including schools, municipal buildings, r ecreational areas, and public ways, as set forth in Section D.

Amended May 3, 2011, Approved by the Attorney General, January 9, 2012

B. Dog Control By-law

Section 1 - Duties of the Animal Control Officer

The Town Manager, or as otherwise provided for in accordance with “an Act establishing a Town Manager form of Government for the Town of Hanover” shall annually appoint an Animal Control Officer, acting as Dog Officer, whose duty will be to apprehend any dog found running at large on any public way or public recreational area within the Town of Hanover or in violation of any of the provisions of this By-Law and to impound such dogs in the place provided therefor. The Animal Control Officer, upon receiving any such dog, shall make a complete registry, by entering the breed, color, sex and whether the dog is licensed. If licensed, the Animal Control Officer shall enter the owner's name, address and the license tag number. The owner, if known, shall be notified as soon as possible that the dog has been impounded. The owner of any dog, so impounded, may reclaim the dog upon payment of the fines, license fees, as set by the Board of Selectmen, and all of the costs incurred by the Town of Hanover for the impounding and maintenance of such dog as provided by law. An unlicensed or licensed dog not claimed by its owner within the waiting period of ten days shall be disposed of according law.

Amended May 3, 2011, Approved by the Attorney General, January 9, 2012

Section 2 - Disturbing the peace by barking, etc.

No person shall own, keep or harbor in the Town of Hanover, any dog which, by barking, biting, howling or in any way or manner disturbs the quiet of any person for a prolonged period of time or endangers the safety of any person.

Section 3 - Restraining of Dogs

No person owning or harboring a dog shall allow it onto any street, sidewalk, or public way unless it is effectively controlled by a restraint. No person owning or harboring a dog shall allow it onto any private residence under any circumstances without the prior consent of the property owner. No dog shall be allowed in any schoolyard without prior permission from the Dog officer or on any public recreation area unless it is controlled by a restraint. For the purposes of this section, a restraint shall be no longer than seven feet in length and shall be designed for the size, weight and power of the dog. Any dog used for demonstration or teaching purposes will be allowed off lead with prior notice to the Dog Officer. The Board of Selectmen, in consultation with the Town Manager and the Dog Officer, shall have the authority to designate certain public properties, at certain times, as areas where dogs may be allowed off lead. The Board of Selectmen may make any such designations. Any such designations, if so made, may be rescinded at any time by the Board of Selectmen.

Amend ed June19, 2017, Approved by the Attorney General September 19, 2017

Section 4 - Muzzling or Confinement of Dogs

The Animal Control Officer may order a dog to be muzzled or confined to its owner's premises, when, in the Animal Control Officer’s judgment, such action is required, for one or more of the following reasons:

  1. If found at large or unmuzzled while an order of the Dog Officer for the confinement or muzzlingofsuch dog is in effect.
  2. If found running at large on a public way, in Town owned property such as schools, municipal buildings or in a public recreational area.
  3. For having bitten or have threatened the safety of any person.
  4. For having killed or maimed or otherwise damaged any domesticated animal.
  5. For having chased any vehicle upon any public way or way open to the public travel in the Town of Hanover.
  6. For disturbing the peace, damaging property or for any violation of Section 2 and Section 3 of theDog Control Law.

Section 5

If any person shall make a complaint to the Animal Control Officer, concerning any violation of the By-Law, theAnimal Control Officer shall investigate such complaint, and make such order concerning the restraint or disposal of the dog as may be deemed necessary. Any person aggrieved by an order of the Animal Control Officer may make a complaint in writing about the dog, within 10 days of said order, to the Town Manager, or as otherwise provided for in accordance with “an Act establishing a Town Manager form of Government for the Town of Hanover" who shall act thereon, in accordance with the procedures set forth in Massachusetts General Laws Chapter 140, Section 157. Any person aggrieved by an order of the Town Manager issued pursuant to Massachusetts General Laws, shall have a right to first appeal to the Selectmen and then to the District Court as provided for in Massachusetts General Laws, Chapter 140, Section 157.

Amended May 3, 2011, Approved by the Attorney General, January 9, 2012

Section 6 - Penalty

Any person who violates a provision of this By-Law shall be subject to a fine as shall be set by the Board of Selectmen, and all the incurred costs of the Town of Hanover for the impounding and maintenance of the dog and license fees (if applicable).

Section 7  (deleted)

Amended May 5 , 2015, Approved the Attorney General August 17, 2015

Section 8

There is hereby established a late fee, to be paid by the owners of record as of January 1 of each year, who license said dog or dogs after the 1st of April. Said fee shall be due and payable at the time of licensing or after impoundment in accordance with Section 1 of this By-Law.

Amended May 5 , 2015, Approved the Attorney General August 17, 2015

Section 9

It shall be unlawful for any person owning, possessing or controlling a dog on any sidewalk, street or public area to fail to remove and dispose of, in a lawful manner, any feces left by such dog. Violation of this By-law shall be punishable by a fine of not more than $50, per violation, or take any other action relative thereto.

Amended $June19, 2017,Approved by the Attorney General September 19, 2017

C.  Animal Control Bylaw

Section 1 - Duties of the Animal Control Officer

The Town Manager, or as otherwise provided for in accordance with “an Act establishing a Town Manager form of Government for the Town of Hanover” shall annually appoint an Animal Control Officer whose duty will be to control problem animals in accordance with the provisions of 321 Code of Massachusetts Regulations 2.14., when such animals are on Town property, including, but not limited to, municipal buildings and grounds, school buildings and grounds, recreational areas, and public ways, or under the circumstances stated in 321 Code of Massachusetts Regulations, 2.14(18)(a)–(e), the terms of which are incorporated herein by reference.

Amended May 3, 2011, Approved by the Attorney General, January 9, 2012

Section 2 - Certification

The Animal Control Officer shall be required to comply with the examination and recertification requirements set forth in 321 Code of Massachusetts Regulations 2.14(19) and 2.14(20), except in the circumstances set forth in 321 Code of Massachusetts Regulations 2.14(18)(a)-(3), the terms of which are incorporated herein by reference.

D.  Removal of Dead and Injured Animals

Section 1 - Dead Animals

The Animal Control Officer shall be authorized to remove and dispose of dead animals on Town property, including, but not limited to, municipal buildings and grounds, school buildings and grounds, recreational areas and public ways.

Section 2 - Injured Animals

The Animal Control Officer may transport injured domestic animals on Town property, including, but not limited to, municipal buildings and grounds, school buildings and grounds, recreational areas, and public ways, to appropriate veterinary care, if, in the Animal Control Officer’s discretion, such action is warranted. Once an injured domestic animal is taken into the Animal Control Officer’s custody, the Animal Control Officer shall follow the procedures set forth in Section 1 of the Dog Control Law. If the domestic animal dies while in the Animal Control Officer’s custody, the animal shall be disposed of as set forth in Section 1 herein.

The Animal Control Officer shall be authorized to deal with injured wild animals on Town property, including, but not limited to, municipal buildings and grounds, school buildings and grounds, recreational areas, and public ways, in a humane manner or as required by law.

Accepted May 6, 2002, Approved by the Attorney General April 7, 2003