T0WN WARRANT

Commonwealth of Massachusetts
FRANKLIN, ss.

To the Constable of the Town of New Salem in the County of Franklin.

Greetings:

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the
inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet on the Town
Common, South Main Street, in said Town on Saturday, September 12, 2020 at 10 a.m. then and
there to act on the following articles:

ARTICLE 1: To see if the Town will vote to increase the salaries of all elected officials set at Annual
Town Meeting by 2% as follows, or take any action in relation thereto.

Office ATM FY 2021

Selectboard (3 members) $5276 $5382
Town Clerk $7505 $7656
Assessors (3 members) $5053 $5155
School Committee (5 members) $7064 $7206
Constable $ 236 $ 241
Moderator $ 134 $ 137
Board of Health (3 members) $4187 $4271

ARTICLE 2: To Review, Discuss, Debate and Vote an amendment to the RC Mahar

Appropriation and to the Library Expense Appropriation in Support of the Town’s Operation for
FY 2021—July 1, 2020 to June 30, 2021, or take any action in relation thereto. The proposed Annual
Appropriations are as follows:

Desc. Request

Town Meeting – Article 4

Non-School
General Government
Selectboard $9,112
Town Coordinator $26,586
Finance Committee $200
Accountant $27,894
Assessors $28,758
Treasurer $25,358
Tax Collector $19,584
Legal Expenses $10,000
Personnel Board $380
Constable $236
Town Clerk $9,756
Election, Registration, Moderator $9,711
Copier Maintenance $500
School Committee $7,064
Council on Aging $600
 Cell Phone and Air Cards $4,200
Certified Comp.-Treasurer and Collector $2,000
Certified Comp.-Assessor’s Clerk $500
Short Term Borrowing $5,000
Franklin County Assessment FRCOG $8,901
Landfill Monitoring $5,200
General Government Subtotal $201,540

General Highway
Highway Salaries $189,357
Highway Expenses $67,750
General Highway Subtotal $257,107

Insurance
General Insurance $41,000
Group Life & Health Insurance $76,625
Insurance Subtotal $117,625

Miscellaneous
Reserve Fund $20,000
Town Reports $1,600
Franklin County Retirement Assessment $58,078
Payroll Taxes $10,000
Stabilization Fund $50,000
Capital Stabilization Fund $50,000
Unemployment Acct $6,000
Miscellaneous Subtotal $195,678

Miscellaneous Boards
Conservation Comm $528
Planning Board $1,875
Zoning Board of Appeals $300
Lawn & Cemetery Maintenance $11,351
Veterans Services $2,072
Veterans Benefits $9,500
Library Salaries $38,978
Library Expenses $23,973
Library Bldg. Maint. $1,500
Recreation Comm $560
Historical Comm $702
Memorial Day Cmte $540
Old Home Day $1,350
Technology Fund $5,500
Municipal Light Plant $1,000
Energy Committee $100
Miscellaneous Boards subtotal $99,829

Property Maintenance
Purch/Repair Equipment $3,500
Town Bldg Repairs & Maint $23,712
Property Maintenance subtotal $27,212
 Public Safety
Police Dept Salaries $81,707
Police Dept Expenses $34,990
Fire Dept Salaries $52,525
Fire Dept Expenses $47,590
Reverse 911 (Connect CTY) $1,173
FD & PD Comm Equipment Maint $2,982
Ambulance Service $43,750
Emergency Management $2,223
Animal Control $3,645
Franklin County Solid Waste District $3,790
Animal Inspector $357
Board of Health Salaries $19,366
Board of Health Expenses $58,370
Building Inspector $11,020
Public Safety subtotal $363,488

Non-School subtotal $1,262,186

Schools

Swift River School $890,708

Swift River Transportation $177,438
Mahar Regional School $667,695
Mahar Debt Service $ 1,762
Franklin Cty Tech School $107,270
Schools subtotal $1,844,873

Subtotal for Article 4 ---------------------------------------------------- $3,107,352

ARTICLE 3: To see if the Town will vote to raise and appropriate the sum of $9,635 for Cost of
Living Adjustments/pay increases for non-elected employees, or take any action in relation thereto.

ARTICLE 4: To see if the Town will vote to accept General Laws Chapter 64N, section 3 to impose
an excise on the retail sales of marijuana for adult use at the rate of 3 percent or take any action in
relation thereto.

ARTICLE 5: To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $86.90 for a Fire Department bill of prior year, or take any action in relation thereto.

ARTICLE 6: To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $725.60 to pay a Treasurer’s Bill of Prior Year, or take any action thereon.

ARTICLE 7: To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $25.70 to pay a Library bill of prior year, or take any action thereon.

ARTICLE 8: To see if the Town will vote to raise and appropriate or transfer from available funds the
sum of $102.00 to pay a Town Building Maintenance bill of prior year, or take any action thereon.
ARTICLE 9: To see if the Town will vote to replace its current dog bylaw with the following, or take
any action thereon:
Section 1: Purpose
The Town of New Salem establishes this Dog Bylaw for the purpose of promoting the health, safety
and general welfare of the town's inhabitants and their dogs. New Salem welcomes responsible dog
ownership. Dog owners are expected to properly care for, train, and control their dogs in order to
prevent injuries and nuisances. This Bylaw contains standards relating to the treatment, confinement,
and keeping of dogs in New Salem.
This bylaw is adopted pursuant to M.G.L. ch.140 §§ 136A-174D.
Section 2: Definitions
2.1 Animal Control Officer: Any officer appointed by the Board of Selectmen to enforce laws
relating to animals.
2.2 Dangerous Dog: Dangerous Dog means any dog that has killed or seriously injured a person, or
has killed or seriously injured a domestic animal in a public place or while on private property,
other than property owned or occupied by the person responsible for the dog (see Section 8).
2.3 Dog: All animals of the canine species, both male and female.
2.4 Dog Under Control: A dog that is under control in public is a dog that is:
2.4.1 Physically controlled or restrained by a leash;
2.4.2 Supervised by a person during activities relating to field training, hunting, or farm work;
2.4.3 Working as a seeing-eye guide dog, hearing dog, or a dog otherwise trained for the
purpose of personal assistance or therapy; or,
2.4.4 Under restraint of effective voice control, where the Keeper carries leash and the dog
refrains from illegal activities.
2.5 Commercial Kennel: A kennel containing five or more dogs and maintained as a business for
purpose of breeding dogs for sale and/or the boarding of dogs. All Commercial Kennels require a
Kennel License and a special permit from the New Salem Planning Board.
2. 6 Foster Owner: Any person keeping/training a dog for a nonprofit rescue group or charitable
organization.
2.7 Hunting or Sporting Dog: A dog under the control and direction of its Owner or Keeper while
used in training or hunting, including participation in events, trials, or competitions.
2.8 Keeper: Any person, corporation or society, other than the Owner, harboring or having in his
possession any dog.
2.9 Kennel License: A license issued to a kennel which allows payment of a single fee covering all
dogs in the kennel. Under a kennel license, the kennel Owner receives a tag for each dog in the
kennel.
2.10 License: A dog's registration with the New Salem Town Clerk, evidenced by receipt and a tag
issued by the Town Clerk to the Owner of each dog residing in New Salem.
2.11 License Transfer: The registration issued to the Owner or Keeper of a dog permanently removed
into New Salem to a dog licensed elsewhere in the Commonwealth.
2.12 License Period: Annually, from April 1 through March 31.
2.13 Muzzling: Using a device that fits over a dog's mouth and prevents it from biting, but does not
cause any injury or interfere with the vision or respiration of the dog that wears it.
2.14 Nuisance Dog: A dog that repeatedly, after warnings and citations to the Owner/Keeper:
2.14.1 Barks, whines or howls in an excessive and continuous manner;
2.14.2 Threatens or attacks livestock, a domestic animal or person, including threatening or
attacking passersby or passing vehicles including bicycles, but such threat or attack was
not a grossly disproportionate reaction under all the circumstances; and/or,
2.14.3 Trespasses on and damages public or private property.
2.15 Owner: any person or persons, firm, association or corporation, owning, keeping or harboring a
dog. If the Owner or Keeper of a dog is a minor, the parent or guardian of such minor shall also
be considered to be an Owner for the purposes of this Bylaw.
2.16 Personal Kennel: Five or more dogs, six months of age or older, kept under single ownership, for
private personal use. Selling, trading, bartering or distributing dogs breed from a personal kennel
shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or
pet shops. A personal kennel shall not sell, trade, barter or distribute a dog not bred from its
personally-owned dog.
2.17 Provocation: The provocation doctrine states that neither the dog nor the Owner or Keeper of the
dog may be held responsible civilly or criminally for a dog bite or dog nuisance behaviors under
certain circumstances, as determined on a cases-by-case basis, after consideration of the totality
of the circumstances.
2.18 Residence: Within the boundaries of land in which the Owner of the dog resides.
2.19 Restraint: Limiting, restricting, or keeping a dog under control by means of a physical barrier
(e.g.: a leash, substantial chain or line, visible or invisible fence).
2.20 Running at Large: A dog runs at large if it is not on the private property of its Keeper, or on
private property with the permission of that property's Owner or agent, or under control as
defined herein.
2.21 Service Dog:   A dog that has been individually trained to do work or perform tasks for an
individual with a mental or physical disability. 
2.22 Shelter: The public Animal Control facility for the town of New Salem.
2.23 Temporary Restraint: An order issued by the Animal Control Officer under requiring the dog's
Keeper to restrain a nuisance dog or suspected vicious dog for up to thirty (30) days.
2.24 Transfer Dog License: Dog Licenses can be transferred from another town, and to new dog
Owners.  The cost to transfer a license is $2.00 for each dog license being transferred.  
2.25 Working Dog: A dog used in the performance of a particular set of tasks, while used in such a
capacity. Examples include guard dogs and dogs working in farm work, such as in the control a
flock or herd.
Section 3: Application
This Bylaw shall apply to all Owners or Keepers of all dogs owned or kept by residents of New Salem
and all dogs physically within the Town of New Salem, whether on public or private property.
Section 4: Dog Licensing
4.1 Any dog over 6 months of age in New Salem shall be licensed with the Town Clerk by:
4.1.1 Providing the Owner's name and address and a brief description of the dog;
4.1.2 Presenting certification of vaccination against rabies, or veterinarian certification of an
infirmity, other physical condition, or regimen of therapy, that such inoculation is
medically inadvisable; and
4.1.3 Paying the Licensing Fee.
4.2 A license duly recorded is valid throughout the Commonwealth. M.G.L. ch.140 §146.
4.3 The Owner or Keeper of a dog moved permanently to New Salem shall, within thirty days,
present the original license and tag of the dog to the Town Clerk who shall transfer the license
and provide a New Salem dog tag upon payment of the transfer fee.
4.4 License Fees:
4.4.1 Male and Female dogs: $15
Neutered and Spayed dogs: $10
Kennel License - five to ten dogs: $50.00
Kennel License - more than 10 dogs $100.00
Duplicated dog tag : $1.00
Fine after 30 days past due: $10 plus license fee
Transfer dog license $ 2.00
4.4.2 No license fee shall be required for a license issued for a Service Dog as defined by the
Americans with Disabilities Act or regulations promulgated thereunder.
4.4.3 No license fee shall be required for service dogs or service dogs in training or foster dogs
for a not-for-profit rescue organization. Application shall be made with proof of foster
contract from registered not-for-profit, or if the not-for-profit rescue organization is in
New Salem, proof of not-for-profit status.
4.5 Dog and kennel licenses shall be valid from February 1st to March 30th each year and shall be
renewed annually before April first.
4.6 Kennels as defined above in Section 2.5 require a Special Permit under Section 5B - Use By
Special Permit, Zoning Bylaw, Town of New Salem.
4.7 The town clerk shall furnish tags with every license issued hereunder, including the words "Town
of New Salem" or "New Salem", the license number, and the year issued.
4.8 All fees, funds, fines and penalties collected pursuant to this Bylaw shall be deposited with the
town treasurer who shall credit them to the New Salem Animal Control Revolving Fund. The
town treasurer shall keep an accurate and separate account of all money received and expended
by the treasurer under this Bylaw.
4.9 No person shall be issued a dog or kennel license during a period of two years from the date of
his/her being found guilty or penalized for cruelty to animals. Any license already issued must be
surrendered immediately following the conviction/penalty upon demand of the Town Clerk.
4.10 No fee received for a license or tag made void under this Bylaw shall be refunded to the holder
thereof.
Section 5: Duties of Animal Owners and Keepers
5.1 Dogs shall be accompanied by its Owner or other person responsible for the dog, who is in full
control of such dog, by command, order, signal, or restraint to prevent his dog from bothering,
worrying, annoying, or chasing any person or vehicle including bicycles, or killing, chasing or
harassing livestock, fowl or other pets.
5.2 The Owner or other person responsible for the dog shall not allow the dog to bite, menace, or
threaten, without provocation, so as to endanger the safety of any person. This section is not
meant to preclude a dog from acting as a watchdog on its Keeper's property.
5.3 The Owner or other person responsible for the dog shall not allow the dog to disturb the peace of
any neighborhood by making excessive noise without provocation. Noise is excessive if it is
uninterrupted barking, yelping, whining, or howling for a period of time exceeding fifteen (15)
minutes. Dogs are not permitted to disturb the peace between the hours of 10 pm and 6 am.
5.4 The Owner or other person responsible for the dog shall not allow the dog to damage public or
private property or realty.
5.5 The Owner or other person responsible for the dog shall keep the dog on the private property of
its Keeper, or on private property with permission of that property's Owner, unless the dog is on
a leash or otherwise is a Dog Under Control as described in Section 2.4 herein.
5.6 When at public gatherings and in municipal buildings all dogs shall be on a leash.
5.7 Dog Owner or other responsible person for the dog shall remove any excreta from dog from any
property, whether public or privately owned, for disposition in a sanitary manner.
5.8 No person shall subject any animal to abuse, inhumane care, or unsafe or unsanitary conditions.
Section 6: Complaints, Violations, and Citations
6.1 Any resident may, verbally or in writing, inform the Animal Control Officer of any violation by
describing the dog in detail. The dog Owner against whom the complaint is filed may be notified
by the Animal Control Officer of the nature of the complaint.
6.2 The failure of the Owner or Keeper of any dog to comply with this Bylaw or with any order of
the Animal Control Officer or the Board of Selectmen shall be a violation of this Bylaw.
6.3 The Animal Control Officer, acting upon two or more complaints from separate sources within a
thirty day period may with discretion, serve a warning, issue an order of restraint, or issue a
citation.
6.3.1 Warning. A warning shall state a deadline for compliance and other steps of enforcement,
as may be applicable.
6.3.2 Restraint. The Owner or Keeper may be ordered to restrain the dog.
6.3.3 Citation. A penalty for violation of this article may be levied to the maximum of $50 for
each offense to be paid to the Town Clerk. Each day of a continuing offense shall be
considered a separate violation.
6.4 Violations of this Bylaw shall be punishable by such fines or by criminal complaint at the
discretion of the Animal Control Officer:
6.4.1 Initial Response to a Complaint - Investigation and Mediation (See section 9.3 Complaint
Resolution)
6.4.2 1st Offense after mediation - Written Warning
6.4.3 Subsequent Offenses - $25
6.5 Where any Owner violates, or continues to violate, any provision of this Bylaw, resulting in legal
action by the Town, the Town may seek to recover reasonable attorney’s fees, court costs, and
other expenses associated with such enforcement, including the cost of any actual damages
incurred by the Town.
Section 7: Impoundment and Release
7.1 The Animal Control Officer may pick up any dog the Animal Control Officer determines is in
violation of this Bylaw.
7.2 If a dog impounded is known to the Animal Control Officer, by tag or otherwise, then the
Animal Control Officer shall immediately notify the Owner.
7.3 The Animal Control Officer will make reasonable attempts to locate the dog's Owner or Keeper.
7.4 Impounded dogs shall be kept for seven days unless claimed by the Owner.
7.5 Fees for Impoundment include:
7.5.1 Daily care: $30.
7.5.2 Impoundment first offense: $50.
7.5.3 Impoundment second offense: $75.
7.5.4 Impoundment third and subsequent offense(s): $100.
7.6 Any dog not claimed after seven days shall become the property of the town of New Salem under
the custody of the Animal Control Officer. The dog may then be placed for adoption, released to
a state-approved shelter/rescue for adoption, or euthanized as deemed necessary by the Animal
Control Officer in consultation with a veterinarian.

Section 8: Dangerous Dog

8.1 Upon the written complaint of the Animal Control Officer, any other public safety agent, or any
individual, the Board of Selectmen shall hold a public hearing to consider whether a dog is
dangerous and, if so declared, what remedy is appropriate.
8.2 The Board of Selectmen shall consider the totality of the circumstances of the complaint and may
take additional testimony from the dog's Keeper, the Animal Control Officer, and any other
interested parties.
8.3 Dangerous Dog means any dog that:
8.3.1 Has killed or seriously injured a person, or
8.3.2 Has killed or seriously injured a domestic animal in a public place or while on private
property, other than property owned or occupied by the person responsible for the dog.
8.4 A dog shall not be declared dangerous if the Board of Selectmen determines any of the
following:
8.4.1 The dog at the time of the incident(s) was a puppy;
8.4.2 The person's skin was not broken;
8.4.3 The person who was bitten was willfully trespassing, committing a crime, or attempting to
commit a crime on the premises occupied by the dog's Keeper;
8.4.4 The dog was being teased, tormented, abused, or assaulted by a person or animal prior to
attacking or biting;
8.4.5 The dog was protecting or defending a human being in its immediate vicinity from attack
or assault;
8.4.6 The dog itself was injured or sick; or,
8.4.7 The dog attacked and/or bit an unaccompanied domestic animal on the dog Keeper's
property.
Section 9: Animal Control Officer
9.1 Appointment: The Board of Selectmen shall annually appoint an Animal Control Officer for the
Town of New Salem, who shall carry out the provisions of this Bylaw and to perform such other
duties and responsibilities as the Board may determine.
9.2 Investigate: It shall be the duty of the Animal Control Officer to investigate complaints
concerning any dogs which are alleged to be in violation of this Bylaw and to apprehend any dog
found to be a public nuisance and to impound such dog in a suitable place or to order the Owner
thereof to restrain such dog.
9.3 Complaint Resolution: The Animal Control Officer shall try to mediate dog disputes between
town residents. If the mediation fails, the Animal Control Officer will decide on a solution and
inform the dog Owner and complainant. Any party aggrieved by or disagreeing with the Animal
Control Officer's decision may appeal that decision to the Board of Selectmen.
9.4 Enforcement: The Animal Control Officer or acting Animal Control Officer shall have the
authority to enforce this Bylaw and any regulations adopted under this Bylaw.
9.4.1 The Animal Control Officer may issue an order of temporary restraint to the Keeper of any
dog that is a nuisance or that is awaiting a decision as to whether it is dangerous. A written
order of temporary restraint, 30 days or less, is an order that the dog must be confined to its
Keeper's property when not on a 6-foot or shorter leash. The Animal Control Officer may
renew it in writing with stated reasons for subsequent thirty-day periods.
 9.4.2 The Animal Control Officer shall rescind or stop renewing the order when, in the Animal
Control Officer's judgment, restraint is no longer required. The dog's Keeper may petition
the Animal Control Officer to rescind the order of temporary restraint.
9.5 Prohibition: No Animal Control Officer, either privately or in the course of carrying out official
assignments as an agent for the town, shall give, sell, or turn over any animal, whether alive or
dead, which comes into the Animal Control Officer's custody, to any business or institution
operating as a research facility or animal dealer, whether it is licensed or unlicensed, registered
or unregistered.
9.6 Coverage: The Animal Control Officer shall make suitable arrangements for adequate coverage
of his or her assigned duties whenever the Animal Control Officer is temporarily unavailable.
This coverage may take the form of a New Salem police officer temporarily filling in, an
answering machine receiving messages, a pager or cellular telephone, an agreement for cross-
coverage with dog control officers from adjoining towns, or a combination of any of the
arrangements above.
9.7 Explanation of Bylaw Violations: Whenever the Animal Control Officer issues a finding,
assesses a fine, makes a written warning, issues an order of temporary restraint, or confines,
restrains, or muzzles a dog, the Animal Control Officer shall meet with the dog's Keeper to
provide a copy of this Bylaw and the violation, and to advise corrective behaviors or other
solutions.
9.8 Record Keeping: The Animal Control Officer shall keep accurate records of the confinement and
disposition of all dogs held in custody and of all cases reported and the results of the
investigations of the same.
Section 4: Severability
Should any portion, section or provision of this Bylaw be found invalid for any reason, that finding
shall not affect the validity and force of any other section, portion or provision of this Bylaw.

And you are directed to serve this Warrant by posting up attested copies thereof at the New Salem Old
Library, North New Salem Church, Town Notice Board at Hagerville, Town Notice Board at Freeman
Road, New Salem Transfer Station, New Salem Library, and New Salem Post Office, 14 days at least
prior to the time of holding said meeting.

Hereof fail not, and make due return of this Warrant with your doings thereon, to the Town Clerk, at
the time and place of meeting, as aforesaid.

Given under our hands this 24th day of August in the year of our Lord two thousand twenty.

___________________________________ { SELECTBOARD

___________________________________ { OF

___________________________________ { NEW SALEM

A true copy. Attest: _____________________________________, Constable.