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<br />No person owning, keeping, or otherwise responsible for a dog shall allow or permit said dog to annoy <br />another person’s reasonable right to peace or privacy by making loud or continuous noise, where: <br />A. Such noise is plainly audible at a distance of one hundred fifty (150) feet from the building, premises, <br />vehicle, or conveyance housing said dog; or <br />B. Such noise is continuous for a period in excess of ten (10) minutes. <br />The fact that such noise is plainly audible at said distance or continuous in excess of ten (10) minutes <br />shall constitute prima facie evidence of a violation of this section. <br />§120-2.4 Owner Responsibility <br />A. The owner and/or keeper of a dog shall be responsible for ensuring compliance with this section at <br />all times. <br />B. The presence of fencing, tethering, electronic containment, or the fact that the dog is located on <br />private property shall not exempt the owner and/or keeper from compliance with this section. <br />§120-2.5 Enforcement <br />A. This section shall be enforced by the Mashpee Animal Control Officer, the Mashpee Police <br />Department, or any other duly authorized enforcement official. <br />B. Violations may be established by direct observation of an enforcement officer or by credible <br />complaints supported by time logs, audio recordings, video recordings, or sworn statements. <br />C. Each day or portion thereof during which a violation occurs shall constitute a separate offense. <br />§120-2.6 Penalties and Progressive Enforcement <br />A. Any violation of this section may be enforced through the non-criminal disposition procedures <br />pursuant to Massachusetts General Laws Chapter 40, Section 21D. <br />B. The following penalties shall apply to confirmed violations occurring within any twelve (12) month <br />period: <br />First offense: Written or verbal warning, or a fine of fifty dollars ($50), at the discretion of the enforcing <br />authority. <br />Second offense: Fine of one hundred dollars ($100). <br />Third offense: Fine of three hundred dollars ($300). <br />C. Upon a third or subsequent offense within a twelve (12) month period, the Animal Control Officer <br />may refer the matter to the Chief of Police for further review and appropriate action, including but not <br />limited to a hearing or other remedies as permitted by law, including Massachusetts General Laws <br />Chapter 140, Section 157, where applicable. <br /> <br />