Town Meeting passes dog bylaws

Apr 23, 2013

The Town of Wareham now has its own dog bylaws, which will bring about a number of changes in the ways dangerous and "at-risk" dogs are handled.

One of the major changes for dog owners is that the Board of Selectmen will be responsible for dog "dangerousness" hearings, rather than the police chief.

The bylaws also clarify the responsibilities of dog owners with regard to controlling their pets, and clearly define what makes a dog "dangerous" or "at-risk."

Under the bylaws, a dangerous dog can be face a number of penalties, but each dog will be considered on a case-by-case basis.

The Dog Bylaw Committee was established by Town Meeting in spring 2012, where Animal Control Officer Cheryl Gorvett-Dill made a request for the creation of dog bylaws.

The passage of the bylaws was delayed at the 2012 fall Town Meeting when, shortly after the committee completed its set of recommendations, Governor Deval Patrick signed “An Act Further Regulating Animal Control” into law.

This gave the committee 32 pages of new regulations, and the committee asked Town Meeting for an extension to sort through the new regulations in order to ensure that the local bylaws would be in compliance with state law.

"What you see before you is the finished product," said Selectmen Chair and Dog ByLaw Study Committee member Peter Teitelbaum. "These issues are local issues, and belong under local control."

Teitelbaum also pointed out that when issues concerning dogs become a legal matter and end up in court, it can be a lengthy and expensive process.

"Every time that happens, you are paying your Animal Control Officer overtime to go to court," he said.

The penalties for a dog deemed dangerous range from behavior training to being outfitted with a microchip or tattoo, euthanization, or requiring the owner to keep the dog in a secure enclosure.

The financial penalties for violating the regulations regarding dangerous dogs or dogs at-risk of being dangerous are a $50 fine for the first offense, a $100 fine for the second offense within a 24-month period, a $200 fine for the third offense within a 24-month period, and $300 fines for four or more offenses within a 24-month period.

The bylaws would also establish exceptions to the rules classifying certain dogs as dangerous or at-risk. Exceptions include if a dog bites a person who is trespassing on the dog owner's property, if a person is tormenting the dog, or if the dog is protecting itself or its owner. These, and other exceptions, could be considered grounds for exemption from the dangerous or at-risk classification.

There are also proposed rules for dogs that are barking or howling excessively between the hours of 11 p.m. and 7 a.m., or be in excess of 20 minutes between 7 a.m. and 11 p.m.

A dog may be declared a barking or howling nuisance if "such noise would be found by a reasonable person to be disruptive to one’s quiet and peaceful enjoyment," according to the bylaws.

Violations of the barking regulations would result in a warning for the first offense, a $25 fine for the second offense within a 12-month period, a $50 fine for a third offense within a 12-month period, and $100 fines for four or more offenses within a 12-month period.

Voters did approve an amendment to the proposed bylaw, which lowered the fine for an owner of a dangerous or at-risk dog facing four or more violations within a 24-month period from $500 to $300. This was done in order to bring the bylaws in line with the state law.

Resident Ed Pacewicz proposed an amendment to make a plethora of changes to the proposed bylaws, arguing that the by-laws do not line up with state law. Town Moderator Claire smith asked for the opinion of Town Counsel Richard Bowen on the matter, and Bowen advised her that the bylaws were in line with the existing state law. Pacewicz's amendment was voted down.

Calling the amendments "cumbersome," Smith suggested that in the future such lengthy amendments should be brought to her at least 48 hours in advance.