CHAPTER IVPOLICE BYLAWS
4-1 BURNT OR DANGEROUS BUILDINGS. 4-1.1 CLASSIFICATION AS NUISANCE; PROCEDURE. The selectmen or an authorized agent, after written notice to the owner of a burnt, dilapidated or dangerous building, and after a hearing, may make and record an order judging it to be a nuisance to the neighborhood, or dangerous, and prescribe its disposition, alteration or regulation. The town clerk shall deliver a copy of the order to an officer qualified to serve civil process, who shall forthwith serve an attested copy thereof in the manner prescribed in Section 124, Chapter 111 of the General Laws of Massachusetts and report to the clerk of his doings thereon.
4-1.2 APPEAL TO SUPERIOR COURT. A person aggrieved by such order may appeal to the superior court for the county where such building is situated. To do so, he must present, within three days after the service of the attested copy upon him, a petition to the court stating his grievance and the order of the board of selectmen.
4-1.3 TRAIL BY JURY. After such notice to the board as the court shall order, there shall be a trail by jury as in other civil causes. The jury may affirm, annul or alter such order, and the court shall render judgment in conformity with the verdict, which shall take effect as an original order. All proceedings hereunder authorized by Section 10, Chapter 143 of the General Laws, after issue is joined therein, shall be in order for trail and shall have precedence over any case of a different nature pending in the court and then order of trail.
4-1.4 COSTS. If the order is affirmed, the petitioner shall pay the costs; if it is annulled, he shall recover from the town his damages, if any, and costs; and if it is altered, the court may render such judgment as to costs as justice shall require.
4-1.5 ABATEMENT OR REMOVAL OF NUISANCE BY ALDERMEN OR SELECTMEN. The selectmen shall have the same power to abate and remove any such nuisance as is given to the board of health of a town under Sections 123 to 125, inclusive of Chapter 111 of the General Laws.
4-2 CURFEW.
4-2.1 HOURS; WRITTEN PERMIT. No child under 17 years of age shall be, loiter, or remain upon any street or other public way, park, or public place in the town after the hour of 10:00 p.m. of any day from April 1 through September 30 and after 9:00 p.m. of any day from October 1 through March 31 in each year unless accompanied by or under the control or care of a parent, guardian or other adult person responsible for the care and custody of such child, or without a written permit to be outside of the child's home given such parent, guardian or other adult responsible for the care and custody of such
child. Whenever any such child is outside of his home or place of abode with the written permission of any of the persons mentioned above, for a particular purpose, it shall be unlawful for such child to loiter upon any street, public way, park or other place.
4-2.2 RECORD AND NOTIFICATION OF VIOLATION TO PARENTS. The chief of police shall keep a record of all violations of subsection 4-4.1 noted by the police or reported to his office. Whenever a violation is reported to him, he shall notify the parent, guardian or adult person charged with the care and custody of the child.
4-2.3 INVESTIGATION OF FAMILY LIFE; FORMAL COMPLAINTS. The chief of police shall cause to be investigated all cases constituting violations of subsection 4-2.1 after such cases are reported to him. If the results of such investigation warrant and disclose situations where children under 17 years of age are growing up without proper parental or adult control, by reason of neglect or similar cause or under circumstances exposing them to idle and dissolute lives, it shall be the duty of the chief of police to cause complaints to be made before the proper tribunals either against the child or the parent, guardian or adult person in charge of such child, whichever the case may be, with the end in view of causing an improvement in the welfare of the child concerned.
4-2.4 FIRE WHISTLES TO SIGNAL CURFEW HOUR. The chief engineer of the fire department shall cause two blows to be sounded on the fire whistle each evening at 10:00 p.m. from April 1 through September 30, and at 9:00 p.m. each evening from October 1 through March 31 of each year.
4-3 DISORDERLY BEHAVIOR.
4-3.1 LOITERING; PUBLIC BEHAVIOR. No person shall behave in a disorderly manner or use any obscene language in any public street, sidewalk, or public place in the town; and no person shall without right stand or remain upon a wall, or upon a sidewalk, or upon a fence, or upon a doorstep, or upon any other projection from a house or building, so as to obstruct passage to or from a house or building, after having been requested by a police officer of the town, or by the owner or occupant of any such house or building, to depart and stay therefrom. Nothing in this subsection shall be construed to curtail, abridge or limit the right or opportunity of any person to exercise the right of peaceful persuasion guaranteed by Section 24 of Chapter 149 of the General Laws, or to curtail, abridge or limit the intendment of any statute
of the Commonwealth of Massachusetts. Whoever violates any portion of this section shall be punished by a fine of not more than $50.00 for each offense.
4-3.2 NUDE BATHING. No person shall bathe in any waters of the town in a state of nudity in places exposed to public view, or in immediate sight of the occupants of any building.
4-3.3 ANNOYANCES. No person shall by any noise, gesture or otherwise, wantonly or intentionally annoy or interfere with any person in any street, sidewalk, public place or public building, or frighten any horse in any street or public place.
4-3.4 COASTING OR SKATING ON STREETS. No person shall coast or skate on any street, sidewalk, or public place except on such as are designated by the selectmen or on public playgrounds.
4-3.5 TOSSING OF BALLS AND PLAYING IN STREETS. No person shall, without a written permit from the selectmen, throw or shoot any ball, stone, arrow, snowball, stick, brick or any other missile or hard substance; or engage in any game, exercise or amusement in any street, sidewalk or public place where the activity interferes with the safe and convenient uses thereof, or where such act disturbs the safety of persons or property, or the peace and quiet of any person.
4-3.6 DISCHARGE OF FIREARMS. No person shall fire or discharge, without a written permit from the selectmen, any gun, pistol or other firearm in or across any street, sidewalk or public place, or within 50 yards thereof, nor within 500 feet of a dwelling in use. This subsection shall not prevent the use of such weapons in the lawful
defense of ones person, family or property, nor in the performance of any duty required or authorized by law.
4-3.7 SALE OF ARTICLES ON STREETS. Unless otherwise authorized by law no person shall continue to stand or remain in one place in any street, sidewalk or public place seeking to make sales of any articles or in exercise of any other business, after being directed by a police officer to "move on".
4-3.8 DISTRIBUTION OF HANDBILLS. No person shall distribute on any street handbills, circulars, advertising or printed matter of any kind except newspapers in such a manner as to make a disturbance or litter without a permit from the selectmen.
4-3.9 CONSUMPTION OF ALCOHOLIC BEVERAGES. No person shall consume any alcoholic beverage on any street, sidewalk or public place without written permit from the selectmen or the alcoholic licensing board. Neither shall any person possess any open container, full or partially full of any alcoholic beverage on any street, sidewalk or public place without a written permit from the selectmen or the alcoholic licensing board.
4-3.10 LITTER. No person shall place litter or discard refuse or other waste on any street, sidewalk or public place.
4-4 HUNTING.
4-4.1 No person shall hunt, trap or fire or discharge any firearm on private property except with written consent of the owner or legal occupant thereof; and such consent shall be carried at all times by any person hunting or trapping, and upon request shall be shown to any police officer of officer of the Department of Conservation, or the property owner or his agent.
4-4.2 This section shall not apply to the lawful defense of life or property nor any law enforcement officer acting in discharge of his duties.
4-4.3 Any person violating any of the provisions of this section shall be punished by a fine of not more than $100.00 for each offense.
4-4.4 No hunting, trapping or discharging of firearms shall be permitted on Town property.
4-4A VESSEL MOORING PERMITS
4-4A.1 The Harbormaster, under the provisions of Massachusetts General Laws, Chapter 102, Section 19 thru 28, shall control the mooring of all vessels in the waterways of Essex.
4-4A.2 No person shall establish a mooring or moor a vessel in the
waterways of Essex until a mooring permit has been issued by the Harbormaster.
4-4A.3 Applications for a mooring permit shall be made in writing to the Harbormaster's office. The application shall require such information as the Harbormaster considers necessary.
4-4A.4 Mooring permits will be issued effective April 1st in the year of issue and will be valid until March 31st of the following year.
4-4A.5 If, after review of an application, the Harbormaster determines that no adequate mooring space is currently available, the application will be placed on a waiting list. When a space which can accomodate the vessel becomes available, a mooring permit will be issued.
4-4A.6 The fee for a mooring permit is $5.00 per foot per vessel per year with a minimum total fee of $75.00. For purposes of fee calculation, the vessel length will be rounded to the nearest whole foot. The fee for being maintained on the “waiting list” for a mooring permit is $10.00 per year. The fee for a temporary mooring permit is $10.00. The fee for a transient mooring permit is $25.00 per day per vessel.
4-4A.7 The fine for any vessel which remains on the Town dock beyond the maximum time limit shall be $50 for the first offense and $100 for any subsequent offense.
4-5 MOTOR BOAT CONTROL.
4-5.1 AREA TO WHICH MOTOR BOAT CONTROL APPLIES. All areas of water to which this section applies are pointed out on a map entitled "Chart Showing Areas of Water Subject to provisions of Motor Boat Control Bylaw, March 1961," on file in the office of the town clerk.
4-5.2 CONTROLLED AREAS TO BE MARKED BY HARBORMASTER. The harbormaster shall mark in the water or on the shore with conspicuous orange buoys, signs or signs lettered in orange, all of which shall bear the initials "H.M." and a metal tag reading "Area Marker of Harbormaster, Town of Essex," all areas of water pointed out upon the chart. For the purpose of enforcing this section, the areas so marked by the harbormaster shall be deemed prima facia to be the areas
pointed out upon the chart and required to be marked, but each
presumption shall be subject to rebuttal by competent evidence presented by the defendant, in which case similar evidence by the plaintiff shall also be considered.
The harbormaster is directed to have in his custody a copy of the chart and to keep a list of all areas marked by him, pursuant to this
section, and to make such list and chart copy publicly available for inspection. No person shall deface, alter or remove any signs or marks placed by or under the direction of the harbormaster.
4-5.3 SPEED LIMIT IMPOSED. No person shall operate or cause to be operated any motor boat or other vessel propelled or moved by an internal combustion engine at greater than headway speed in the following waters:
a. On the Essex River between Causeway bridge and Billy's Point.
b. On the Essex River in the Conomo Point Anchorage.
4-5.4 WATER SKIING PROHIBITED IN CERTAIN AREA. Water skiing shall be forbidden between Conomo Point and the Causeway Bridge.
4-6 PUBLIC CEMETERY REGULATIONS.
4-6.1 FLOWERS, TREES AND SHRUBS TO REMAIN UNDISTURBED. No person shall gather any flowers, either wild or cultivated, or remove, break, cut or mark any tree, shrub or plant not belonging on his lot.
4-6.2 DEFACING MONUMENTS PROHIBITED. No person shall climb over, deface or injure any monument, gravestone, fence or other structure in or belonging to the cemetery.
4-6.3 DISCHARGING OF FIREARMS PROHIBITED. No person shall discharge firearms of any description in the cemetery except in the case of military funerals, or as authorized by the selectmen.
4-6.4 FUNDS. The Town Treasurer shall receive and hold the Perpetual Care and Cemetery Lot Care Funds and any other funds, money or securities deposited with the Town Treasurer for the maintenance and care of any public burial place or specified lots therein situated in the Town of Essex and shall apply same in accordance with Massachusetts General Laws, Chapter 114, Section 19, and other provisions of these bylaws. Such funds, money or security shall be entered upon the books of the Treasurer and held in accordance with the Bylaws and shall invest such deposits. Upon receipt of the deposit for the maintenance and care of individual lots and/or public burial places, the Treasurer shall inform the Town Clerk, who shall record the facts relating to such deposit in margin of the Town Clerk's records of said lots.
Upon vote of the Board of Public Works acting as the Town's Cemetery Commissioners, which vote shall recommend the manner and amounts in which said funds should be applied and upon the subsequent approval of such recommendation by the Selectmen, said funds shall be applied for the maintenance and care of such places or lots as hereinabove described.
4-7 PUBLIC STREETS.
4-7.1 SIGNS AND OBSTRUCTIONS PROHIBITED. No person shall place any post, pipe, pole, barrier, box, container, sign, article, or advertising matter, in any street, way or sidewalk, or annex or affix to any building, pole, street, or structure, any building material,
advertising matter, or other material which extends over a street, way or sidewalk, without first having obtained a permit from the board of selectmen. However, no permit shall be required to place a barrel or container, with rubbish therein, at the edge of the sidewalk or street adjacent to the property of any owner for rubbish collection. Neither shall a permit be required for an RFD mailbox at the side of a street or way.
4-7.2 SIGNS, AWNINGS AND SHADE REGULATIONS. No person, without the written permit of the board of selectmen, shall place or maintain over any street or sidewalk, any sign, awning or shade, and no permission therefore shall be granted unless the structure is safely and securely supported and not less than eight feet from the ground at its lowest point. Such awning, sign or shade, if built over a sidewalk, shall extend only as far as the outside thereof.
4-7.3 RUNNING OF WATER INTO STREETS REGULATED. No person shall permit water to run from his building to any street or sidewalk in the town to the injury or inconvenience of pedestrians nor shall he allow any sink water or other impure water to run from the house, barn or lot occupied by him or under his control, into any highway or public place.
4-7.4 PERMIT REQUIRED TO SELL MERCHANDISE ON PUBLIC STREETS. No person
shall place or keep any table. stall, booth or any other structure in
any street or sidewalk, nor place or keep the same in any of the
public grounds of the town for the sale of fruit or other things
without a written permit form the selectmen.
4-7.5 DEFACING PUBLIC GROUNDS. No person shall walk, stand, or loiter upon any portion of any public grounds of the town especially prepared and devoted by the officers in charge to the growing of grass, trees or flowers, nor shall any person dig up, injure or deface such public grounds, grass, trees, or flowers without a written permit from the board in charge of specified property.
4-7.6 DRIVING ON SIDEWALKS PROHIBITED. No person shall drive any vehicle or ride any bicycle on the sidewalk of any street in town, except for the purpose of crossing the sidewalk in order to get into or out of some adjoining enclosure; however, this section shall not apply to children's or invalids' carriages propelled by hand.
4-7.7 DROPPING OR LEAKING OF LOADS BY TRUCKS. No vehicle of any kind shall be driven or moved on any public way or public property unless such vehicle is constructed or loaded or equipped so as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may by dropped for the purpose of securing traction or melting of snow and ice, and water or other substances may be sprinkled on public property for cleaning or maintaining such places. The owner or person in charge of such vehicle shall be liable for such violation.
4-7.8 SNOW REMOVAL. No person shall plow, push or throw any snow or ice on to the street or sidewalk of the Town unless it is immediately removed therefrom.
4-8 REMOVAL OF LOAM.
4-8.1 PERMIT REQUIRED. No person shall engage in the excavation and removal of loam, topsoil, gravel or stone without first obtaining a permit therefore from the board of selectmen and the planning board.
4-8.2 REVOCATION OF PERMIT. The board of selectmen and planning board may make such reasonable rules and regulations with regard to such excavations as will best protect the public safety and welfare and may, after notice and hearing, revoke any permit if it finds that any rule or regulation made under the authority of this section has been violated.
4-8.3 REISSUANCE OF PERMIT. In cases where a permit has been revoked, the board of selectmen and planning board may issue a new permit if they find that the conditions or activities constituting the violation have been corrected.
4-8.4 EXCEPTIONS. This section shall not apply to excavations made for the purpose of construction of any type of building, and excavations made for the purpose of driveways, walks, recreation areas, parking facilities and changes of grade which are appurtenant to any such building.
4-8.5 PENALTY. The penalty for violation of any provision of this section shall be $50.00 for the first offense; $100.00 for the second offense; and for each subsequent offense, $200.00.
4-9 SALE OF USED ARTICLES.
4-9.1 JUNK COLLECTORS; LICENSE REQUIRED. The selectmen may license not more than three suitable persons to be junk collectors to collect or transport by purchase or otherwise, junk, old metals and secondhand articles from place to place in the town, subject to provisions of the laws of the Commonwealth. The license fee for each such junk collector shall be $25.00 and shall be paid to the town treasure before the license shall be issued.
4-9.2 LICENSING OF DEALERS OR SECONDHAND SHOPKEEPERS. The selectmen may license suitable persons to be dealers in or keepers of shops for the purchase, sale or barter in old metals and secondhand articles in the town, subject to provisions of the Commonwealth. The license fee for each dealer and each keeper of a shop shall be $50.00 annually and shall be paid to the Town of Essex, Licensing Board, before the license is issued.
4-9.3 REGULATIONS OF YARD SALES AND FLEA MARKETS. Yard sales may be held in the town without a permit. Permits are required for flea markets and the selectmen may issue the permits at their sole discretion.
A yard sale consists of a sale of goods on the premises from which those goods were derived. That is, the goods were formerly used by the residents of those premises, or were stored there for possible use by such residents. Yard sales shall be limited to two sale days per year at any site. A sale shall be deemed a flea market when the goods being sold are not exclusively derived from the premises on which the sale
takes place. That is, the sale consists of sales by invited vendors who attend to sell or who consign their goods for sale. The selectmen shall fix the fees to be charged for flea market permits.
4-10 PENALTY.
Any person who shall violate any of the bylaws of this chapter or any other bylaws of the town shall pay a fine of $50.00 for each offense unless another penalty is prescribed by law.
4-11 PERSONAL WATERCRAFT
4-11.1 The operation of jet skis, surf skis, wet bikes or other so-called 'personal watercraft' in or upon that portion of Chebacco Lake which is situated in the Town of Essex is prohibited.
4-11.2 A violation of this section shall be punishable by a fine of not more than one hundred dollars ($100.00) for each offense.
4-12 ENFORCEMENT BY CIVIL INFRACTION PROCESS
4-12.1 Violations of such of the foregoing By-Laws in this Chapter IV as are designated below, and violation of orders of the enforcement officer having responsibility for the enforcement of such provisions, may be enforced by the Civil Infraction Process as set forth in M.G.L., c.90G and c.40 sec. 21D and 2-21 of these By-Laws, and the assessment designated next to each provision listed below shall be assessed for each such violation. Wherever herein after, more than one fine is listed for any offense, the last amount so listed shall be for subsequent offenses.
4-2 Curfew |
|
4-2.1 Hours violation |
$ 25.00 |
4-3 Disorderly Behavior |
|
4-3.1 Loitering |
$ 50.00 |
4-3.2 Nude bathing |
$ 50.00 |
4-3.3 Annoyances |
$ 50.00 |
4-3.4 Coasting/skating |
$ 50.00 |
4-3.5 Tossing balls/playing |
$ 50.00 |
4-3.6 Discharge firearms |
$100.00 |
4-3.7 Sale articles/streets |
$ 50.00 |
4-3.8 Distribution/handbills |
$ 50.00 |
4-3.9 Consumption Alcohol |
$ 50.00/$100.00 |
4-3.10 Litter |
$100.00 |
4-4 Hunting |
|
4-4.1 Without permission |
$100.00 |
4-4.4 Town property |
$100.00 |
|
|
4-4A Vessel Mooring Permits |
|
4-4.4 Mooring without a permit |
$50.00 |
|
|
4-5 Motorboat control |
|
4-5.3 Speed limit |
$ 50.00 |
4-5.4 Water skiing |
$ 50.00 |
|
|
4-6 Public Cemetery Regulations |
|
4-6.1 Flowers, trees, shrubs |
$ 50.00 |
4-6.2 Deface monuments |
$100.00 |
4-6.3 Discharge firearms |
$100.00 |
|
|
4-7 Public Streets |
|
4-7.1 Signs/obstructions |
$ 50.00 |
4-7.2 Signs/awnings/shade |
$ 50.00 |
4-7.3 Running water/street |
$ 50.00 |
4-7.4 Permit/sell/public street |
$ 50.00 |
4-7.5 Deface public grounds |
$100.00 |
4-7.6 Driving on sidewalks |
$ 50.00 |
4-7.7 Dropping load |
$ 50.00 |
4-7.8 Plowing, throwing snow onto public roads |
$ 50.00 |
4-9 Sale Used Articles |
|
|
4-9.1 Junk Collectors/license |
$ 50.00 |
|
4-9.2 License/second hand shop |
$ 50.00 |
|
4-9.3 Yard sales/flea market |
$ 50.00 |
|
|
|
|
4-11 Personal Watercraft |
|
|
4-11.1 Prohibited operation |
$ 50.00/$100.00 |
|
4-13. PENALTIES FOR NON-PAYMENT OF TAXES
(a) The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
(b) The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list
shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.
(c) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
(d) The board of selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred and sixty-eight A in the business or activity conducted in or on said property.
(e) This section shall not apply to the following licenses and permits: open burning; section thirteen of chapter forty-eight; bicycle permits; section eleven A of chapter eighty-five; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and forty-nine; clubs, associations dispensing food or beverage licenses, section twenty-one E of chapter one hundred and forty; dog licenses, section one hundred and thirty-seven of chapter one hundred and forty; fishing, hunting, trapping license, section twelve of chapter one hundred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and theatrical events, public exhibition permits,
section one hundred and eighty-one of chapter one hundred and forty.
Section 4-14. FALSE FIRE ALARMS.
The owner of any fire alarm system that generates more than three false fire alarms in any given twelve-month period shall be assessed a fine of $150 for the fourth and each subsequent false alarm within said period. A false fire alarm as used in this section shall mean the sounding of an alarm that summons the Fire Department to the property in the absence of any smoke or fire.
ANIMAL CONTROL BYLAW
SECTION 1. PURPOSE. The purpose of this bylaw is control of animals to prevent injury to property, persons and animals.
SECTION 2. ADMINISTRATION. The Board of Selectmen shall annually appoint a Dog Officer who shall be responsible for the enforcement of this bylaw.
SECTION 3. CONTROL OF ANIMALS. No person owning, harboring or having the custody or control of a dog shall permit such dog to enter or remain upon the following property at the time indicated:
a. PUBLIC SCHOOL GROUNDS. No dog shall be allowed upon public school grounds between the hours of 7:30 a.m. and 4:30 p.m., local time, Monday through Friday, during the school year and any special sessions thereof. Dogs shall not be allowed on any school department property while schools in Essex are in session.
b. BEACHES. No dog shall be allowed upon any public beach in Essex at any hour of the day during June, July, and August in each year.
c. CEMETERY GROUNDS. No dog shall be allowed upon any cemetery grounds in Essex at any hour of the day, at all times of the year.
d. PUBLIC PARKS. No dog shall be allowed in any public park in Essex at any hour of the day, at all times of year, except at the Centennial Grove. Supervised dogs on a leash or under the direct control of their owner (not unsupervised dogs) shall be allowed at the Centennial Grove except during June, July, and August in each year, during which months dogs shall not be allowed at the Centennial Grove.
SECTION 3A. ROAMING AT LARGE.
a. No person shall permit a dog owned or kept by them to cause a nuisance to people or other animals or a threat to public safety while roaming at large.
b. The Dog Control Officer shall investigate all complaints made to the Dog Control Officer, the Town of Essex Police Department, the Board of Selectmen, or the Town Administrator, that any dog owned or kept within the Town of Essex has caused or is causing a nuisance to people or other animals or a threat to public safety while roaming at large.
c. The Dog Control Officer is hereby empowered to make whatever inquiry is deemed necessary to determine the accuracy of said complaint and may make such orders as he or she deems necessary to ensure the protection of public safety and/or to eliminate said nuisance.
d. Without limiting the generality of the foregoing, such order shall require, at a minimum, that the dog be under voice control when off of its owner's~premises, that the dog undergo training, and/or that the dog be leashed whenever off of its owner's premises.
e. After notice is given in writing to the owner of their right to a hearing, the owner or keeper of any dog(s) ordered by the Dog Control Officer to take actions authorized in the preceding paragraph may request a hearing before the Board of Selectmen. Said request shall be in writing and received by the Board of Selectmen within five (5) business days of the owner or keeper’s receipt of the Dog Control Officer’s order. A copy of the hearing request shall also be delivered to the Dog Control Officer. The hearing request shall include an explanation of the measures that the owner or keeper intends to take to protect public safety and/or eliminate a nuisance~pending disposition of the matter by the Board of Selectmen.
f. After hearing, the Board of Selectmen may affirm the Dog Control Officer’s order, reverse and nullify the Dog Control Officer’s order, or issue any such order as it deems necessary to ensure the protection of public safety and/or eliminate a nuisance. The determination of the Board of Selectmen after a hearing shall be final.
g. Nothing in this By-law is intended to limit or restrict the authority of the Board of Selectmen to act in accordance with G.L. c. 140, §157.
SECTION 4. DOGS IN SEASON. Every female dog in heat shall be confined in a building or secure enclosure in such manner that such female dog cannot come into contact with another animal except for planned breeding.
SECTION 5. DOG TAGS. All dogs shall wear a collar or similar device with the current dog tags (license) attached.
SECTION 6. NOTICE OF VIOLATION. The Dog Officer shall issue a notice of violation of this bylaw. The violation notice shall be given to the owner or person harboring or having control or custody of the dog that violated this bylaw.
SECTION 7. PENALTIES. Any person who allows a dog under their control, in their custody, ownership, or being harbored by him to violate any provision of this bylaw shall be punished by a fine not greater than the maximum fine set forth herein:
First offense |
A warning |
Second offense |
$10.00 |
Third offense |
$15.00 |
Fourth offense |
$25.00 |
Subsequent offense |
$25.00 |
SECTION 8. LICENSING. All dogs 3 months or over must be licensed and tagged. The registering, numbering, and licensing of dogs, if kept in the Town of Essex, shall be conducted in the office of the Town Clerk.
The annual fees to be charged by the Town of Essex for the issuance of licenses for dogs shall be:
Males and Females |
$8.00 |
Neutered Males and spayed Females (a certificate of neutering or spaying will be required) |
$5.00 |
|
|
Kennels: |
|
Four dogs or less |
$15.00 |
Five to ten dogs |
$30.00 |
More than ten dogs |
$60.00 |
Further, the town will charge a late fee of Five Dollars to be paid by owners or keepers of record each year who license said dog or dogs on or after July 1st.
All money received from issuance of dog licenses by the Town of Essex, or recovered as fines or penalties by said Town under provisions of Chapter 140 relating to dogs, shall be paid into the Treasury of the town and thereafter shall not be paid over by the Town Treasurer to Essex County.
Any dog found to be in violation of this bylaw, and not under the immediate control of the owner, may be picked up by the Dog Officer and either returned to the owner or deposited in a Dog Pound or similar facility. The owner shall be responsible for paying all cost of maintaining and keeping the animal at the Dog Pound or similar facility.
SECTION 9. LICENSING AND REGULATION OF VICIOUS DOGS.
a. DEFINITIONS
Vicious Dog is defined as any dog that attacks, bites or injures any human or domesticated animal without provocation or which; because of temperament, conditioning or training has a propensity to attack, bite or injure humans or domesticated animals.
b. CONTROL OF VICIOUS DOGS
1. The Dog Control Officer shall notify the Town Clerk of all vicious dogs as defined in this bylaw.
2. The Owner or keeper of any dog(s) determined to be vicious in accordance with Section 9(c) of this By-law, which has not been ordered euthanized or permanently removed from Town, shall relicense said dog(s) as “vicious” within thirty days of such determination. A unique licensing number shall be assigned to a vicious dog by the Town Clerk. That number shall be noted on the town licensing files. The owner or keeper of such vicious dog shall pay a relicense fee in accordance with Section 8 of this By-law.
3. No vicious dog shall be licensed by the Town of Essex for any licensing period commencing after June 2007 unless the owner or keeper of such vicious dog meets the following requirements:
i. The owner or keeper shall display a sign not to exceed one square foot on his or her premises warning that there is a vicious dog on the premises. The sign shall be visible and capable of being read from the public highway or roadway.
ii. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced enclosure, approved in writing by the Dog Control Officer, for the vicious dog on the property where the vicious dog will be kept or maintained when outside.
4. All vicious dogs shall be confined in an enclosure approved in writing by the Dog Control Officer. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure or for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or outside of the enclosure, unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog, or to sell or give away the vicious dog or to comply with the commands or directions of the Dog Control Officer with respect to the vicious dog, or to comply with the provisions of this bylaw. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds
and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog. No vicious dog shall be walked or permitted to run loose on any public or private way or any area within the Town of Essex that is open to the general public, including but not limited-to parks and beaches.
5. The owner or keeper of a vicious dog shall notify within 12 hours the Dog Control Officer if said dog is unconfined, has attacked, another dog or has attacked a human, or has died or has been sold or given away; the owner or keeper shall also provide the Dog Control Officer with the name, address and telephone number of the new owner of the vicious dog.
c. DETERMINATION OF VICIOUSNESS
1. The Dog Control Officer shall investigate all complaints made to the Dog Control Officer, the Town of Essex Police Department, the Board of Selectmen, or the Town Administrator, that any dog owned or kept within the Town of Essex has attacked, bitten or injured any person or domesticated animal, or which by temperament, conditioning or training has a propensity to attack, bite or inure persons or domesticated animals.
2. The Dog Control Officer is hereby empowered to make whatever inquiry is deemed necessary to determine the accuracy of said complaint and may make such orders as he or she deems necessary to ensure compliance with the provisions of this By-law and the protection of public safety.
3. Upon a determination by the Dog Control Officer that a dog is vicious because it has attacked, bitten or injured any person or domesticated animal, or which by temperament, conditioning or training has a propensity to attack, bite or injure persons or domesticated animals, the Dog Control Officer shall issue an order to the Owner or Keeper of said dog(s) concerning the restraint or disposal of such dog(s) as her or she may deem necessary. At a minimum, said order shall require the owner or keeper of such dog(s) to comply with the requirements of Section 2 of this By-law.
4. Without limiting the generality of the foregoing, the Dog Control Officer may order that said dog(s) be permanently removed from the Town of Essex, that said dog be humanely euthanized in accordance with the provisions of G.L. c. 140, §151A, or that said dogs be confined in accordance with such limitations as the Dog Control Officer Deems appropriate. If the Dog Control Officer determines that the dog(s) is to be permanently removed, the owner or keeper shall provide the Dog Control Officer with the name, address and telephone number of the new owner of the vicious dog.
5. The owner or keeper any dog(s) determined to be vicious by the Dog Control Officer may request a hearing before the Board of Selectmen. Said request shall be in writing and received by the Board of Selectmen within two (2) business days of the owner or keeper’s receipt of the Dog Control Officer’s order. A copy of the hearing request shall also be delivered to the Dog Control Officer. The hearing request shall include an explanation of the measures that the owner or keeper intends to take to protect public safety pending disposition of the matter by the Board of Selectmen. If the Dog Control Officer determines that the measures described are inadequate, he or she may order that said dog(s) be impounded, at the owner or keeper’s
expense, until such time as the Board of Selectmen rules otherwise.
6. After hearing, the Board of Selectmen may affirm the Dog Control Officer’s order, reverse and nullify the Dog Control Officer’s order, or issue any such order as it deems necessary to ensure compliance with the provisions of this By-law and the protection of public safety. The determination of the Board of Selectmen after a hearing shall be final.
7. Nothing in this By-law is intended to limit or restrict the authority of the Board of Selectmen to act in accordance with G.L. c. 140, §157.
d. ENFORCEMENT AND PENALTIES
1. License Revocation
If the Dog Control Officer determines that a vicious dog is being kept in the Town in violation of this Bylaw or any order issued by the Dog Control Officer, the Board of Selectmen or the Court, the Dog Control Officer shall so notify the Selectmen. After giving notice to the owner of the hearing, the Selectmen shall hold a public hearing on whether to revoke the license of said dog or to take further action including banning the dog from the Town or to be euthanized. If the Selectmen revoke the license of said dog and do not order its to be euthanized, they shall notify the owner or keeper of the dog and the Town Clerk within ten (10) days that said dog will be impounded and destroyed if it is found within the Town after the succeeding seven days.
If the Selectmen revoke the license of a vicious dog, once a ten (10) day period after the notification of revocation has occurred, unless the owner or keeper has filed an appeal in accordance with G.L. c. 140, §157, the Dog Control Officer or other authorized agent shall impound and destroy such dog as unlicensed if found within the Town.
The Dog Control Officer or any Town of Essex police officer shall seize and impound any vicious dog found outside of its enclosure in violation of this Bylaw or any order issued by the Dog Control Officer, the Board of Selectmen or the Court.
2. Non-Criminal Disposition
This regulation may be enforced by the Dog Control Officer or any Town of Essex police officer. Whoever violates any provision of this regulation may be penalized by a non criminal disposition process as provided in G.L. c.40, §21D and the Town’s non-criminal disposition by-law.~ If non criminal disposition is elected, then any person who violates any provision of this regulation shall be subject to a penalty in the amount of fifty dollars ($50.00) per day for each day of violation.~ Each day or portion thereof shall constitute a separate offense.~ If more than one, each condition violated shall constitute a separate offense.
Whoever violates any provision of this by-law or order of the Dog Control Officer may be penalized by indictment or on complaint brought in the district court.~ Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense shall be fifty dollars ($50.00), assessed in accordance with the provisions of G.L. c. 140, §§173-174.~ Each day or portion thereof shall constitute a separate offense.~ If more than one, each condition violated shall constitute a separate offense.
Any person who fails to comply with any order of the selectmen may be punished by a fine of not more than twenty-five dollars for the first offense and not more than one hundred dollars for a second or subsequent offense, or by imprisonment for not more than thirty days, for the first offense and not more than sixty days for a second or subsequent offense, or both.
The Essex Board of Selectmen may enforce these Regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Selectmen shall not preclude enforcement through any other lawful means.
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