[HISTORY: Adopted by the Town of Randolph 5-15-2007 ATM by Art. 9, approved. Amendments
noted where applicable.]
This chapter is adopted pursuant to the authority granted the
Town by virtue of MGL c. 140, § 147A.[1]
[1]
Editor's Note: MGL c. 140, § 147A, regarding bylaws
and ordinances regulating dogs, was repealed in 2012.
A.
Upon the effective date of this chapter, the Town of Randolph shall
assume all responsibility for regulation of dogs within the jurisdiction
of the Town and shall be responsible for the costs and expenses relating
thereto. All money received from licenses or recovered as fines under
this chapter shall be paid into the treasury of the Town and shall
not hereafter be paid over by the Town Treasurer to the County of
Norfolk.
B.
Town enforcement. Beginning upon the effective date of this chapter,
the Town shall take over and assume responsibility for all dog control
functions previously undertaken by the County of Norfolk Dog Control
Program within the limits of the Town and shall be responsible for
administering all laws, rules and regulations applicable to dogs within
the Town.
The provisions of this chapter shall be administered and enforced
by the Animal Control Officer; provided, however, that except as otherwise
specifically set forth in this chapter for the disposition of funds
collected, this chapter shall not change the duties or responsibilities
of the Town or of any Town official or employee as described in the
Massachusetts General Laws applicable to the regulation of dogs.
A.
ANIMAL CONTROL OFFICER
ATTACK
COMMERCIAL KENNEL
FANCIER KENNEL
HOBBY KENNEL
KEEPER
KENNEL
KENNEL LICENSE
LICENSE PERIOD
OWNER
VICIOUS DOG
Definitions. As used in this chapter, the following words and phrases
shall have the following meanings:
Any officer or assistant officer appointed pursuant to this
chapter for the enforcement of animal control laws, and who shall
be responsible for this chapter.
Conduct by a dog directed at a person or domestic animal
consisting of biting or other act reasonably likely to cause injury
or harm. This conduct shall include, but not be limited to, conduct
by a dog if it is restrained by a leash, fence or other means, and
it is clear that only the presence of the leash, fence, or other means
of restraint prevents the dog from causing injury or harm to a person
or to a domestic animal.
A kennel maintained as a business for the boarding of dogs
or cats, or for the grooming of dogs or cats.
A kennel maintained for a collection of seven (7) or more
dogs on a single premises or a kennel maintained for a collection
of seven (7) or more cats on a single premises.
A kennel maintained for a collection of four (4) to six (6)
dogs on a single premises or a kennel maintained for a collection
of four (4) to six (6) cats on a single premises.
Any person, corporation, or society, other than the owner,
harboring, or having in his possession a dog or cat.
Any single premises on which are kept a pack or collection
of four (4) or more dogs or cats over the age of three (3) months.
A license for any type of kennel.
The time between January first and the following December
31st, both dates inclusive.
Includes corporations, societies, associations, partnerships,
individuals and any persons or agencies or political subdivisions
provided they show ownership of an animal by possession of a current
and valid license or other satisfactory proof of ownership.
A dog which has been determined to be "vicious" pursuant
to the provisions of this chapter.
B.
Licenses and tags.
(1)
The owner or keeper of a dog within the Town shall cause the dog
to be initially licensed within thirty (30) days if greater than six
(6) months of age, or when it attains the age of six (6) months, and
annually thereafter.
(2)
The Town shall issue dog licenses and license tags. The Town shall
state upon each license application the following description of the
dog: name, age, sex, reproductive status, breed and color as well
as the name, address, and telephone number of the owner, and the license
registration number.
(5)
The Town shall not issue a license for any dog unless the owner or keeper provides the Town with a licensed veterinarian's certificate verifying that the dog is currently vaccinated against rabies, as required by § 79-4C below.
(6)
No fee shall be charged for licensing dogs specifically trained to
lead or serve a blind, deaf or other handicapped person so long as
such dog is so employed and a certificate of such training is presented
to the Town.
(7)
Tags and licenses shall not be transferable.
(9)
No license shall be issued to any child under the age of eighteen
(18). If a dog is owned or kept by a child under the age of eighteen
(18), the license shall be issued in the name of the child's
parent or legal guardian who shall be deemed the keeper of the animal
for purposes of this chapter.
(10)
A license fee shall not be refunded because of a subsequent death,
loss, spaying, neutering, or removal from the Town of said dog. The
owner or keeper of a dog shall securely attach the license tag to
said dog's collar or harness. If the tag is lost, the owner or
keeper shall promptly apply for a replacement tag and shall attach
same to the collar or harness of the dog. Failure to comply will result
in a fine in accordance with the fine schedule.[4]
C.
Rabies vaccination.
(1)
The owner or keeper of any dog or cat six (6) months of age or older
shall cause such dog or cat to be vaccinated against rabies by a licensed
veterinarian using a vaccine approved by the Department of Public
Health.
(2)
Upon request, the keeper/owner shall provide a rabies certificate
which states the description of the dog or cat: name, age, sex, reproductive
status, breed and color, as well as the name, address, and telephone
number of the owner, in addition to the date of vaccination, product
used and the duration of immunity.
(3)
Unvaccinated dogs or cats acquired or brought into the Town shall
be vaccinated within thirty (30) days after acquisition or entry into
the Town or upon reaching the age of six (6) months, whichever comes
later.
(4)
Any exemption from the requirements of having to produce valid rabies
certificate in order to obtain a dog license shall be granted if the
owner or keeper presents a signed statement from a veterinarian, indicating
that because of infirmity, other physical condition or regimen of
therapy, inoculation is thereby deemed inadvisable.
D.
Kennel license.
(1)
Any owner or keeper of four (4) or more dogs, or cats, three (3)
months or older, or who boards or grooms dogs or cats, shall apply
to the Town Clerk's Office for the appropriate kennel license(s),
in writing upon forms provided to the applicant by the Town.
(a)
Each species (feline and canine) are counted individually when
applying for a Hobby Kennel or a Fancier Kennel Permit. A single premise
containing more than four (4) cats or more than four (4) dogs would
need to apply for the appropriate permit(s) for each species.
(b)
The application must be acted upon by the Town Clerk, or the
Town Clerk's designee, within thirty (30) days of its submission
and date stamp by the Town Clerk's Office.
(c)
The Animal Control officer may provide to the Town Clerk or
the Town Clerk's designee such conditions or restrictions on
the issuance of a kennel license as the Animal Control Officer deems
necessary for the public good. This may include, but not limited to,
a public hearing with notification of abutters, a maximum number of
animals allowed by the license for Fancier and Commercial licenses.
(4)
The Town shall issue, without charge, upon written approval of the
Animal Control Officer, a kennel license to any domestic charitable
corporation incorporated in the Commonwealth exclusively for the purpose
of protecting animals from cruelty, neglect, or abuse.
(5)
A veterinary hospital shall not be considered a kennel unless it
contains an area for the grooming or selling of dogs or cats, or for
boarding of dogs or cats for other than medical or surgical purposes
in which case it shall apply for a commercial kennel license.
(6)
If a kennel owner desires to increase the capacity of his kennel
during a license period, he shall apply to the Town Clerk for a license
modification, and upon approval by the Town Clerk or the Town Clerk's
designee, the kennel owner shall pay only the increase in fee between
the previous kennel fee and the new assessed kennel fee. Kennel licenses
shall not be transferable. The owner or keeper of a kennel shall renew
the license annually prior to the commencement of each succeeding
license period. Failure to renew a kennel license shall result in
a fine in accordance with the fine schedule in addition to the required
kennel fee.
E.
Kennel inspection.
[Amended 3-11-2013 by Ord. No. 2013-002]
(1)
The Animal Control Officer, or his designee, may at any time inspect
or cause to be inspected any kennel. If he/she believes after such
inspection that the kennel is not being maintained in a sanitary and
humane manner, or if the animals within such kennel constitute a public
nuisance, the Animal Control officer may suspend such license and
request a license revocation hearing to be held by the Town Manager
within thirty (30) days.
(2)
Upon re-inspection of any kennel with a suspended license, if the
Animal Control Officer determines the cause for suspension to be satisfactorily
resolved, the Animal Control Officer shall make a report to the Town
Manager and may rescind the temporary license suspension and re-instate
such license. Any license once revoked may be reapplied for in the
event of changed conditions.
(3)
If any person shall make a verbal complaint, to be followed in writing,
to the Animal Control Officer that they are aggrieved, or annoyed
to any unreasonable extent, by one (1) or more dogs at the kennel,
because of excessive barking or vicious disposition of said dogs or
other conditions connected with such kennel constituting a public
nuisance, the Animal Control Officer, or his designee, shall investigate
such complaint within seven (7) days.
(a)
This investigation may include but not be limited to inspection
of the kennel, imposing restrictions or conditions on such kennel,
or requesting a hearing to be held by the Town Manager within thirty
(30) days.
(b)
Within seven (7) days after such public hearing the Town Manager
shall make an order either revoking, suspending or modifying such
kennel license or otherwise regulating said kennel, or dismissing
said petition.
(d)
The holder of such license may petition the District Court for
relief in accordance with MGL c. 140, § 137C.
F.
Injured or diseased animals. Whenever the Animal Control Officer
determines that any animal has been injured sufficiently to require
the services of a veterinarian and has transported such animal to
the local veterinarian, a transportation charge in accordance with
the fee schedule pursuant to MGL c. 40, § 22F, shall be
paid by the owner of the animal to the Town of Randolph.[9] In addition, the owner shall be directly responsible for
the charge for the services of the veterinarian.
G.
Animal pickups. A pickup fee proportional to the size of the animal
but in accordance with the fee schedule set by the Town Manager pursuant
to MGL c. 40, § 22F shall be paid by the property owner
or in the case of a registered animal, by the owner of said animal
whenever the Animal Control Officer is required to enter upon private
property to pick up the animal, dead or alive.
H.
Leash law.
(1)
No person owning or harboring a dog shall suffer or allow it to run
at large in any of the streets or public ways or places or upon the
premises of anyone other than the owner or keeper unless the owner
or occupant of such premises grants permission. No dog shall be permitted
in any public place or street within the Town of Randolph unless it
is effectively restrained by a chain or leash not exceeding seven
(7) feet in length and attended by a person of adequate age and discretion
to properly control its actions. Violations of the foregoing shall
be penalized in accordance with MGL c. 140, § 173.
(2)
If any person shall make a verbal complaint, to be followed in writing,
to the Animal Control Officer that any dog owned or harbored within
his/her jurisdiction is a nuisance by reason of vicious disposition
or excessive barking, violation of personal property or other disturbance,
the Animal Control Officer shall investigate such complaint, which
may include an examination, under oath, of the complainant, and submit
a written report to the Town Manager of his/her findings and recommendations,
together with the written complaint.
[Amended 3-11-2013 by Ord. No. 2013-002]
(3)
Upon receipt of such report and examination of the complainant under
oath, the Town Manager may make such order concerning the restraint,
muzzling or disposal of such dog as may be deemed necessary. The Animal
Control Officer, after investigation, may issue an interim order that
such dog be restrained or muzzled for a period not to exceed fourteen
(14) days to enable the Town Manager to issue his/her order following
receipt of the report of the Animal Control Officer. If the Town Manager
fails to act during the period of the interim order, upon expiration
of the period the interim order automatically is vacated.
[Amended 3-11-2013 by Ord. No. 2013-002]
I.
Daytime repetitive barking. It shall be unlawful for a dog owner,
keeper, or kennel owner to allow a dog, or dogs, within the Town of
Randolph to bark in the open, outside of any building, or to bark
inside a building in such a manner as to be heard beyond the premises
where the dog, or dogs, are quartered, repetitively for more than
thirty (30) minutes during the hours between 7:00 a.m. and 9:00 p.m.
J.
Nighttime repetitive barking. It shall be unlawful for a dog owner,
keeper, or kennel owner to allow a dog, or dogs, within the Town of
Randolph to bark in the open, outside of any building, or to bark
inside a building in such a manner as to be heard beyond the premises
where the dog, or dogs, are quartered, repetitively for more than
ten (10) minutes during the quiet hours between 9:00 p.m. and 7:00
a.m.
K.
The owner of any dog found by the Animal Control Officer or Police
Department to be unleashed or unsecured and to have bitten or attacked
a person or another domesticated animal shall be subject to the fines
set forth in MGL c. 140, § 173A.
[Amended 5-27-2008 ATM
by Art. 7]
L.
The keeper of any dog that has been quarantined for suspicion of
rabies and fails to obey such order shall be subject to a fine in
accordance with the fine schedule for each offense, each day constituting
a separate offense.
M.
Animal waste removal "pooper scooper." The owner or keeper of a dog
shall cause to be removed any defecation made by said dog, at the
time made, from any street, public way, public place or property of
another. Failure to comply with this section shall result in a fine
which shall be subject to a fine in accordance with the fine schedule.[10] In keeping with the above, all persons who are walking
said dog shall be required to possess the means of picking up, retrieving
and disposing of said waste.
N.
Fees to treasury. All money received from licenses or recovered as
fines pursuant to this chapter shall be paid into the treasury of
the Town, and no portion thereof shall be retained, withheld or paid
back to any Town official or employee as compensation, nor shall said
money be paid over to Norfolk County.
A.
Fine. Any violation of this chapter, except where otherwise specifically
provided herein, shall be punished by a fine in accordance with the
fine schedule.[1] This chapter shall be enforced by the Animal Control Officer
utilizing the non-criminal tickets and disposition mechanism of MGL
c. 40, § 21D.
B.
Other remedies. Any violation of this chapter may be further remedied
by the Town Manager, after hearing, issuing orders concerning the
restraint, muzzling or disposal of dogs as may be deemed necessary
in the same manner as authorized by MGL c. 140, § 157, or
any other general law of the Commonwealth regulating dogs, here fully
incorporated by reference as applicable to the dog regulations of
this chapter.
[Amended 3-11-2013 by Ord. No. 2013-002]
C.
Leash law complaint. Whenever a complaint is sought in the District
Court for violation of the so-called leash law, the procedure set
forth in MGL c. 140, § 173A, may be followed.
All licenses, tags and other permission from the Animal Control Officer or other Town office or official related to this Chapter 79 shall be construed as a privilege, conferring no property interest or other right, that may be revoked at any time by written notice. No license granted under this Chapter 79 shall be transferable or assignable.
A.
Hearing by the Town Manager.
[Amended 3-11-2013 by Ord. No. 2013-002]
(1)
The Town Manager at the request of the Animal Control Officer or
upon the filing of a signed, written complaint with the Town Manager
in accordance with MGL c. 140, § 157, shall hold a public
hearing to determine whether the dog which is the subject of the request
or complaint is "vicious."
(2)
A dog may be determined by the Town Manager to be "vicious" if any
of the following conditions have been demonstrated:
(a)
The dog has attacked any person or domestic animal or has attempted
to attack any person or domestic animal.
(b)
The dog has a known propensity, tendency or disposition to attack
persons or domestic animals.
(c)
The dog acts in a highly aggressive manner when unprovoked within
a fenced yard or enclosure and reasonably appears to the Animal Control
Officer to be able to escape the area in which it is confined. Vocalization
or barking, without more, shall not satisfy the requirement of this
sub-section.
(d)
The dog, whether leashed or not, has approached any person in
an apparent attitude of attack upon the streets, sidewalks, or any
public grounds or places.
(e)
The dog is owned or harbored primarily for the purpose of dog
fighting or has been trained for dog fighting or had been trained
for the purpose and intent of protecting or promoting illegal activity
as determined by the Randolph Police Department, Randolph Animal Control
Officer, and/or other local, state, or federal law enforcement agencies.
(3)
No dog shall be determined to be "vicious" in the following circumstances:
(a)
At the time of the dog's conduct, the person attacked by
the dog was committing criminal trespass or other tort upon premises
occupied by the owner, keeper, or harborer of the dog; was teasing,
tormenting, abusing, provoking, or assaulting the dog; or was committing
or attempting to commit a crime.
(b)
At the time of the dog's conduct, the domestic animal attacked
by the dog was attacking the dog.
(c)
At the time the dog attacked a domestic animal, the dog was
working as a hunting dog, herding dog or predator control dog on the
property of or under the control of its owner, harborer, or keeper
and the injury was to a species or type of domestic animal appropriate
to the work of the dog.
(d)
At the time of the dog's conduct it was protecting or defending
a person within the immediate vicinity of the dog from an attack or
assault by another person or animal.
(e)
At the time of the dog's conduct it was performing duties
as a military, correctional or police-owned dog and its conduct was
such as is reasonably contemplated by those duties.
(f)
At the time of the dog's conduct it was reacting to pain
or injury, or was protecting itself, its kennel, or its offspring.
B.
Duties of Town Manager when dog is determined "Vicious."
[Amended 3-11-2013 by Ord. No. 2013-002]
(1)
When the Town Manager determines that a dog is "vicious" after hearing,
the Town Manager shall order the following:
(a)
Spaying or neutering, if the dog is not already altered; provided,
however, that no such order shall issue if a licensed veterinarian
certifies in a written statement that the dog is unfit for alteration
because of a medical condition.
(b)
Positive identification of the dog as "vicious." The preferred
means of positive identification shall be microchip identification,
but a permanent tattoo approved by the Animal Control Officer is acceptable.
(c)
Behavior evaluation from a Certified Veterinary Behaviorist,
as determined by the Animal Control Officer; and
(d)
Rabies vaccination as required by MGL c. 140, § 145B,
if the dog is not current on its annual vaccinations. Vaccination
shall be ordered unless a licensed veterinarian certifies in writing
that the dog's vaccination is current in accordance with the
requirements of law.
(2)
When the Town Manager determines that additional protection for the
public is necessary in addition to the measures set forth in sub-section
(1)(a)-(d), above, the Town Manager may order any of the following
additional measures:
(a)
A requirement that when the dog is removed from a secure area,
such as indoor or outdoor confinement, the dog must be securely muzzled
at all times. The muzzle must be approved by the Animal Control Officer
so as not to interfere with normal breathing while at the same time
it is effective to prevent the dog from biting.
(b)
Additional reasonable confinement measures, which may include
additional fencing, enclosures or signage.
(c)
Limitations as to which person or persons are allowed to remove
the dog from indoor or outdoor confinement.
(d)
Other actions which the Town Manager deems appropriate. These
additional actions may include destruction of the dog by euthanasia
if, based upon the evidence presented at the hearing, the Town Manager
finds in writing that the measures set forth in sub-section (1)(a)-(d)
and in sub-section (2)(a)-(c), above, are not reasonably likely to
prevent future injury to persons or to domestic animals. Such order
shall comply with the provisions of MGL c. 140, § 157.
(3)
All costs involved regarding any orders of the Town Manager with
regards to maintaining a vicious dog in the Town of Randolph shall
be borne by the owner/keeper or harborer of said dog.
C.
Compliance. After a dog has been determined to be "vicious," the
Animal Control Officer shall maintain all records pertaining to that
dog and shall take all steps necessary to ensure that the owner/keeper
or harborer complies with all orders of the Town Manager pertaining
to that dog.
[Amended 3-11-2013 by Ord. No. 2013-002]
D.
Confinement.
(1)
Outdoor confinement. No person shall own, keep or harbor, or allow
to be upon any premises occupied by him under his charge or control,
any vicious dog unless the dog is confined behind a secure fence.
The fence must be approved by the Animal Control Officer. Such dog
may not be taken out of the secure enclosure unless the dog is leashed
on a leash no longer than four (4) feet in length. The dog must be
under control of a responsible person eighteen (18) years of age or
older. No such dogs are allowed on or within five hundred (500) feet
of any parks, playgrounds, school yards or open space that is owned
by the Town or other governmental entity, whether at large or under
restraint.
(2)
Indoor confinement. No vicious dog may be kept on a porch, patio,
or in any part of a house or structure that would allow the dog to
exit such building of its own volition. In addition, no such dog may
be kept in a house or structure where the windows are open or where
screen windows or screen doors are the only obstacles preventing the
dog from exiting the structure.
E.
Signs. All owners, keepers, or harborers of vicious dogs shall display
in a prominent place on their premises a sign easily readable by the
public, using the words "Beware of Dog." In addition, a similar sign
is required to be posted by the kennel or pen of such dog. These signs
must be easily read by a child and approved by the Animal Control
Officer.
F.
Transfer/relocation.
(1)
No vicious dog shall be given away, sold or bartered to any person
or entity located within the Town of Randolph unless the new owner/keeper
or harborer complies with the requirements imposed under this section.
(2)
Any owner, keeper or harborer of any vicious dog who is changing
residence or location within the Town of Randolph must immediately
notify the Animal Control Officer. The owner, keeper or harborer of
any dog which has been determined to have met criteria similar to
those set forth in this section for "vicious" dogs in any other city,
town or county who is relocating to the Town of Randolph for more
than two (2) days must immediately notify the Animal Control Officer.
Any owner, keeper or harborer of any vicious dog who is relocating
to another city, town or county shall immediately notify the Animal
Control Officer, or person performing similar duties, in that city,
town or county that the dog has been determined "vicious" by the Town
Manager.
[Amended 3-11-2013 by Ord. No. 2013-002]
H.
Enforcement.
(1)
If thirty (30) days expire following receipt by the owner/keeper
or harborer of written notification that the dog has been determined
to be "vicious," an owner/keeper or harborer who is not in compliance
with any of the provisions of this section shall be subject to a fine
in accordance with the fine schedule.[2] Each day that the owner is not in compliance with any
provision shall constitute a separate offense.
(2)
If any vicious dog is found running at large or is in violation of
the provisions of this section, it shall immediately be impounded
by the Animal Control Officer. Upon required notice, a hearing shall
be held by the Town Manager, following which the Town Manager shall
determine what measures are necessary to reasonably protect the public
safety, including destruction of the dog by euthanasia.
[Amended 3-11-2013 by Ord. No. 2013-002]
Any dog found running at large shall be impounded by the Animal
Control Officer. The impoundment fee shall be borne by the owner/keeper
or harborer whether or not such dog is reclaimed. If such dog is not
reclaimed within ten (10) days of such impoundment, the animal may
be disposed of by adoption or by euthanasia, which determination shall
be made by the Animal Control Officer.
All licenses, tags and other permission from the Animal Control Officer or other Town officer or official related to this Chapter 79 shall be construed as a privilege, conferring no property interest or other right that may be revoked at any time by written notice. No license granted under this Chapter 79 shall be transferable or assignable.
This chapter supersedes and replaces Article Seven, Section
21 (ATM 3-18-1974), Section 21A (ATM 3-20-1972), Sections 21B and
21C (STM 2-22-1993) and Section 21C (ATM 6-21-1993). This chapter
supersedes and replaces above. (ATM 4-25-2006, Art. 11 - approved
10-17-2006)
