[Amended 6-1-2015 ATM by Art. 56]
The Animal Control Officer shall be appointed
annually and shall attend to all complaints or other matters pertaining
to dogs in the Town of Plainville in accordance with MGL c. 140.
In this bylaw the following terms, unless a
contrary meaning is required by the context or is specifically prescribed,
shall have the following meanings:
ADOPTION
The delivery of a cat, dog or other animal to any person
18 years of age or older for the purpose of harboring the animal as
a pet.
ANIMAL
Every nonhuman species of animal, both domestic and wild,
living or deceased.
ANIMAL CONTROL OFFICER
Any officer appointed by the Board of Selectmen to enforce
this bylaw.
[Amended 6-1-2015 ATM by Art. 56]
ANIMAL SHELTER
Any facility or kennel operated by a humane society, the
Town or its authorized agents for the purpose of impounding animals
under the authority of this bylaw or state law for care, confinement,
return to owner, adoption or euthanasia.
AT LARGE
Any dog shall be deemed to be "at large" when it is off the
premises of its owner or keeper and not under the direct care and
control of a person demonstrating the ability to properly care and
control the dog.
CARE AND CONTROL
A dog shall be considered in "care and control" while it
is on the premises of its owner or keeper; or if the dog is on the
premises of another person, with knowledge and permission of such
other person; or if the dog is on any way, public or private, to which
the public has access, secured by a leash or under direct control
of a responsible person and obedient to that person's command. Such
leash shall be suitable to prevent the dog from being at large or
to prevent the dog from becoming a public nuisance.
COMMERCIAL KENNEL
A kennel maintained as a business established for, or to
include, the boarding or grooming of dogs.
KEEPER
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog.
LICENSE PERIOD
The time between January 1 of any year to December 31 of
the same year, both dates inclusive.
LIVESTOCK or FOWL
Animals or fowl kept or propagated by the owner for food
or as means of livelihood; also, deer, elk, cottontail rabbits, northern
hares, pheasants, quail, partridge and other birds, and quadrupeds
determined by the Department of Fisheries, Wildlife and Environmental
Law Enforcement to be wild and kept by or under a permit from said
Department(s) in proper housing and/or suitably enclosed yards. Such
definition shall not include dogs or cats.
OWNER
Any person, partnership or corporation in whom is vested
the ownership, dominion or title of one or more animals.
PERSONAL KENNEL
More than four dogs over the age of six months of age on
a single private premises.
[Amended 6-1-2015 ATM by Art. 56]
PUBLIC NUISANCE/DANGEROUS DOG
Any dog that unreasonably annoys humans, endangers the life
or health of other animals or person(s), or substantially interferes
with the rights of citizens, other than its owner(s), to enjoyment
of life or property. The term "public nuisance/dangerous dog" shall
mean and include, but is not limited to, any dog that:
B.
Damages the property of anyone other than its
owner or keeper;
C.
Molests or intimidates pedestrians or passersby;
D.
Excessively makes disturbing noises, including
but not limited to continued and repeated howling, barking, whining
or other utterances causing unreasonable annoyance, disturbances or
discomfort to neighbors or others in close proximity to the premises
where the dog is kept or harbored;
E.
Has bitten or attacked any person;
F.
Has bitten or attacked other domestic animals;
G.
Is found at large in a schoolyard, public or
private recreation area, store or shopping area; except for those
dogs certified to assist the visually or hearing impaired, which shall
be deemed to be exempt from this provision;
H.
Has been found by the Board of Selectmen, after
notice to its owner or keeper and a public hearing, to be a public
nuisance/dangerous dog by virtue of being a menace to public health,
safety or welfare.
VICIOUS DOG
Any dog that attacks, bites or injures humans or domesticated
animals without provocation; or which, because of temperament, conditioning
or training, has a known propensity to attack, bite or injure humans
or domestic animals.
Any owner or keeper of a dog shall not allow
or permit said dog to run at large or become a public nuisance in
the Town of Plainville.
[Amended 6-1-2015 ATM by Art. 56]
It shall be the duty of the Animal Control Officer
or any other person appointed by the Board of Selectmen to apprehend
any dog that is found running at large or any dog that is a public
nuisance, and impound such animal at an authorized animal shelter;
such animal to be held, adopted or euthanized as described in MGL
c. 140, § 151A. The Officer that so impounds any animal
shall keep a record of each animal so impounded, which shall contain
the following information: breed, color and sex of animal, distinctive
markings or characteristics of the animal, the name and address of
the owner, if known, along with the license number, the final disposition
of the animal, the name, address, phone number of any person adopting
such dog, and if destroyed, method and name of technician who administered
euthanasia. Such records shall be kept by the Animal Control Officer
for a period of 12 months from date of impoundment. A copy shall be
forwarded to the Town Clerk upon disposition of the animal, and such
Clerk shall retain copies as provided by law.
An owner or keeper of any dog so impounded for
violation of this bylaw shall, in addition to any applicable fees
and penalties, pay to the Town of Plainville a boarding charge of
not less than $10 per day while such dog is impounded, nor more than
the actual cost to the Town of Plainville for the boarding and care
of such animal in any commercial kennel or animal hospital.
The owner or keeper of a dog so impounded may
claim the dog as provided by law, upon the occurrence of the following:
A. The owner or keeper presents a valid dog license and
certificate of rabies vaccination;
B. The owner or keeper pays all fines, boarding and other
fees;
C. The owner or keeper gives his/her name, address and
date of birth;
D. If the dog does not have a current rabies vaccination,
the owner or keeper must present a receipt from a licensed veterinarian
showing prepayment of a rabies vaccination.
E. If the dog is unlicensed, the owner must license the
dog with either the Town Clerk or the Animal Control Officer prior
to redemption.
[Amended 6-6-2011 ATM by Art. 32]
[Amended 6-1-2015 ATM by Art. 56]
A. Any owner or keeper of five or more dogs six months
of age or older who does not qualify as a commercial kennel shall
acquire from the Town Clerk a personal kennel license. The owner or
keeper must present to the Clerk that all such dogs have been currently
immunized against rabies and are currently licensed. The cost of the
multiple pet permit, which is in addition to the licensing fees, shall
be $25.
B. The fine for violation of the provisions of this section (§
216-11) shall be $50, payable to the Town of Plainville, which may be enforced via the noncriminal disposition provisions set forth in Chapter
277, Article
II, of the Code of the Town of Plainville. The enforcing person(s) shall be the Animal Control Officer. Receipt of a personal kennel license does not void any applicable provisions of the Plainville Zoning Bylaws.
The provisions of MGL c. 140, §§ 157
and 158, shall be applicable to vicious or barking dogs, as if said
sections were fully set forth herein, with the exception that references
to a "chief of police of a City" and "County commissioners" are deleted
therefrom.
The Town Treasurer shall keep a separate account
of all monies received and expended by him/her relating to the provisions
of this bylaw. All monies received relating to this bylaw, including
monies for the licensing of dogs (less that portion to be retained
by the Town Clerk) and fees relating to fines and/or impoundment,
shall be deposited into a revolving account established pursuant to
the provisions of MGL c. 44, § 53E1/2; providing, however,
that these monies may be used for the purchase of forms, tags, materials,
boarding fees, veterinary fees and other eligible costs relating to
the implementation of this bylaw and for certain reimbursements provided
for within this bylaw.
[Amended 6-1-2015 ATM by Art. 56]
The Town of Plainville shall follow MGL c. 140,
§ 153. The Board of Selectmen, subject to Town Meeting approval,
shall set the compensation and expense of such Animal Control Officer
appointed to enforce the state and local laws and bylaws pertaining
to animals.
If a dog which the Selectmen or, upon review,
the District Court shall have ordered to be restrained shall wound
any person or shall worry, wound or kill any livestock or fowl, the
owner or keeper of such dog shall be liable in tort to the person
injured therein in treble the amount of damages sustained by him as
required under MGL c. 140, § 159.
All other bylaws of the Town of Plainville that
are in conflict with the provisions of this bylaw are hereby repealed
to the extent of such conflict.
If any part of this bylaw shall be held invalid,
such part shall be deemed severable, and the invalidity thereof shall
not affect the remaining parts of this bylaw.