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Dog Bylaws

TOWN OF WALES BYLAWS CHAPTER FOUR
1.) DOG RESTRICTIONS

Sec. I - Declaration of Policy

  1. Any dog, whether licensed or unlicensed, is hereby declared to constitute a public nuisance unless it:
    1. Is confined to the premises of its owner or of another person with the knowledge and consent of such person, or
    2. Is attached to and restrained by a leash or other suitable device and is in the control of a person capable of restraining it so that it will not be a threat to public safety, or
    3. Is engaged in hunting, or training therefore, and is supervised by a person competent to restrain it so that it will not be a threat to public safety and who has the legal right to engage in such activity at the location where it is being carried out.
  2. Any dog is hereby declared to be a public nuisance which habitually barks or howls in a manner disturbing to neighbors between the 11:00 PM and 7:00 AM.

Sec. 2 - Enforcement

  1. Any failure of an owner or keeper of any dog to prevent such dog from becoming a public nuisance shall be a violation of this by-law. Each day such failure continues shall be a separate offense. As used herein a "keeper" shall be any person, corporation or society, other than the owner, harboring or possessing any dog.
  2. The Animal Control Officer is authorized to enforce this by-law by any or all of the following methods:
    1. By filing a complaint in the District Court for any violation thereof against the owner or keeper of any dog found to be a nuisance.
    2. By noncriminal complaint against the owner or keeper of any such dog pursuant to the provisions of Chapter 40, Section 21D of the General Laws and by imposing a noncriminal assessment of TWENTY FIVE ($25.00) DOLLARS for a first violation or FIFTY ($50.00) DOLLARS for each subsequent violation within a twelve (12) month period. The Animal Control Officer shall have discretion to issue a warning in lieu of a criminal or noncriminal complaint to anyone found in violation of this By-law who has not been found in violation thereof during the preceding twelve (12) months.
    3. By impounding any dog found to be a public nuisance.

Sec. 3 - Procedure Following Impoundment

  1. The Animal Control Officer shall promptly notify the owner or keeper of any impounded dog if his/her identity can be readily ascertained.
  2. If the owner or keeper cannot be readily identified, the Animal Control Officer shall cause public notice to be posted at the Town Hall describing the impounded dog and staling that the dog will be disposed of in accordance with section 3iv hereof if not redeemed within ten (10) days.
  3. The owner or keeper of any impounded dog may obtain its release by obtaining a license for any such dog not currently licensed and by reimbursing the Animal Control Officer at the rate of THIRTY ($30.00) DOLLARS for the initial handling of the dog and EIGHTEEN ($18.00) DOLLARS a day for each day or portion thereof the dog has been impounded. When the dog has been impounded at the Town pound, the daily fee shall be divided as follows: EIGHT DOLLARS ($8.00) per day to the Town of Wales and TEN DOLLARS ($10.00) per day to the Animal Control Officer. (APPROVED 8/23/11)
  4. Any impounded dog which has not been redeemed within (10) days from the notification of the owner or keeper or of the posting of notice pursuant to section 3ii hereof shall be disposed of in accordance with the provisions of Section 151A, Chapter 140, of the General Laws, as amended.
  5. The Animal Control Officer shall forthwith pay over to the Town Treasurer all moneys received under the provisions of this by-law and shall file with the Town Accountant a monthly statement of all such moneys received during the preceding month. (APPROVED 8/26/94)