[HISTORY: Adopted by the Town Meeting of the Town of Templeton 10-18-2018 FTM by Art. 7 (Art. XVIII of the Bylaw Compilation). Amendments noted where applicable.]
Pursuant to the authority set forth in MGL c. 140, § 136A through § 174E, and any other relevant statutes and regulations issues pursuant thereto, the following requirements are adopted for the regulation of dogs within the Town of Templeton.
The definitions of words and terms set forth in MGL c. 140, § 136A are incorporated into this Chapter 133, Animal Control Bylaw, and shall be applicable to the interpretation thereof. In addition, unless the context clearly indicates otherwise, the following words and terms, as used in this bylaw, shall have the following meanings:
DOG UNDER CONTROL
A dog that is:
A. 
Physically controlled by a person by means of a leash, cord or chain held by the person; or
B. 
Contained within a physical or electric fence; or
C. 
At all times within sight of the dog's person, is actively monitored by that person, and that at all times immediately responds to a recall command by the dog's person.
RUNNING AT LARGE
A dog is running at large if it is not on the private property of its owner or keeper, or on private property with the express permission of that property’s owner or is otherwise not a "dog under control" as defined above.
A. 
No dog owner or keeper shall permit the dog to become or remain a nuisance dog or a dangerous dog, as those terms are defined and used in MGL c. 140, § 136A and § 157.
B. 
Every dog owner or keeper shall be responsible for expeditiously removing any feces that the dog deposits anywhere except on its owner's or keeper's private property, or on other private property with the property owner's permission.
C. 
The owner or keeper shall annually license his/her dog in accordance with § 133-5 of this bylaw.
All dogs owned or kept within the Town of Templeton shall be placed under restraint and controlled from going at large by the owner or keeper thereof.
A. 
In accordance with MGL c. 140, § 137, the owner or keeper of a dog within the Town shall cause the dog to be initially licensed when it attains the age of six months and annually thereafter. Proof of a currently valid rabies vaccination shall be required prior to the issuance of any license.
B. 
The annual licensing date shall be January 1 of any year.
C. 
The Town Clerk shall, pursuant to MGL c. 40, § 22F, from time to time fix reasonable annual fees to be charged for the issuance of licenses for dogs. At the adoption of these bylaws, the annual licensing fee shall be fixed at $15 for a spayed/neutered dog and $20 for an intact dog. These fees shall not be increased without a majority vote of the voters present at a Town Meeting.
D. 
The Town Clerk shall, pursuant to MGL c. 40, § 22F, from time to time fix reasonable annual fees to be charged for the issuance of licenses for kennels.
E. 
The Town Clerk shall be responsible for the issuance of all licenses related to this bylaw.
F. 
Any person who is the owner or keeper of a dog in the Town of Templeton, and who fails to license said dog by April 1 of any year, shall be subject to a late fee of $25 to be payable in addition to the license fee. The license fee and the late fee(s) may be secured through the imposition of a municipal charges lien on any property standing in the name of the dog owner or keeper, pursuant to MGL c. 40, § 58.
A. 
The failure of the owner or keeper of any dog or pet to comply with this bylaw or with any order of the Animal Control Officer or the Select Board (Board) shall be a violation of this bylaw.
[Amended 6-17-2020 ATM by Art. 9]
B. 
The failure of the owner or keeper of any dog to comply with the registration and license requirements provided in this Chapter 133 of the bylaws and in MGL c. 140, § 136A through § 174E, shall be a violation of this bylaw.
C. 
In addition to any other remedy provided by law, this § 133-6 of the bylaws may be enforced by the Animal Control Officer, or any police officer of the Town, or the Board, through any means available in law or equity, including but not limited to criminal indictment in accordance with MGL c. 40, § 21, noncriminal disposition in accordance with MGL c. 40, § 21D and Subsection E of this section and, in instances of a violation of a nuisance dog or dangerous dog order issued pursuant to MGL c. 140, § 157, in accordance with MGL c. 140, § 157A, as may be amended from time to time.
D. 
When enforced in accordance with MGL c. 40, § 21, the maximum penalty shall be $300 and each day a violation exists shall constitute a separate violation.
E. 
When enforced by the Animal Control Officer or the police officer of the Town through noncriminal disposition, the penalties shall be as follows:
(1) 
First offense: $100.
(2) 
Second offense: $150.
(3) 
Third offense: $300.
F. 
Violation of nuisance dog or dangerous dog order. An owner or keeper of a dog who fails to comply with an order of the Board or District Court issued pursuant to MGL c. 140, § 157A shall be punished as provided in that statute.
A. 
The Board shall appoint an Animal Control Officer pursuant to MGL c 140, § 151 and § 151A. The Animal Control Officer’s duties shall include the enforcement of the Town of Templeton’s Animal Control Bylaw, Chapter 133, and all applicable provisions of MGL c. 140, § 136A through § 174E.
B. 
The Animal Control Officer shall make a written record of and investigate all complaints arising within the Town pertaining to violations of any provision of this bylaw, Chapter 133, or to violations pertaining to MGL c. 140, § 136A through § 174E and any relevant state or local regulations. The Animal Control Officer shall report his or her findings to the Board.
C. 
The Animal Control Officer shall keep accurate, detailed records of the confinement and disposition of all dogs held in custody, all bite cases reported, and the results of investigations. The Animal Control Officer shall maintain a telephone log of all calls received regarding dogs and submit a quarterly report summarizing the log to the Board.
D. 
Issuance of temporary restraint orders. The Animal Control Officer may issue a temporary restraint order to the owner or keeper of any dog that is alleged to be a nuisance dog or a dangerous dog and is awaiting a decision under § 133-8. A temporary restraint order shall be in force for no more than 30 days unless the Animal Control Officer renews it in writing for subsequent thirty-day period. The Animal Control Officer may rescind or stop renewing the order when, in the Animal Control Officer’s judgment, restraint is no longer required. The Animal Control Officer’s order shall expire upon receipt of a decision from the Board on the nuisance dog or dangerous dog hearing.
E. 
The Animal Control Officer may make arrangements for the temporary housing of any dog that requires such temporary housing and may issue an order of temporary confinement authorizing such temporary housing. The housing may be at local veterinary clinics, or at dog kennels within the Town or neighboring towns and shall be at the dog owner's or keeper's expense.
F. 
It shall be the duty of the Animal Control Officer to apprehend any dog found to be in violation of § 133-6 of this bylaw and to impound such dog in a suitable place or to order the owner or keeper thereof to restrain such dog.
G. 
If the Animal Control Officer impounds a dog found in violation of § 133-7 or issues a order of temporary confinement pursuant to § 133-7 and the dog owner or keeper does not pay all fees directly to the kennel, veterinary clinic, or dog boarding facility, then the dog's owner or keeper shall be required to reimburse the Town for any expenses incurred in housing that dog. If the dog has not been licensed as required pursuant to this bylaw, the owner or keeper shall immediately apply to the Town Clerk to obtain a license, submit payment for the license fee, and pay any applicable late fees, and said dog shall not be released from confinement unless and until the issuance of a valid license, which shall not be unreasonably delayed or withheld.
H. 
The Animal Control Officer shall, in matters of impoundment or confinement, impoundment or confinement fees, and redemption of impounded or confined animals, carry out his/her duties in accordance with MGL c. 140, § 151 and § 151A, and any amendments thereto.
Any person may file a complaint in writing to the Board that a dog owned or kept in the Town is a nuisance dog or a dangerous dog. All such complaints shall be investigated and addressed in accordance with MGL c. 140, § 157.
The sums collected pursuant to this bylaw shall be accounted for and paid over to the Town Treasurer.
In the event that the Massachusetts Attorney General or a court of competent jurisdiction deems any provision or section of this bylaw invalid or unenforceable, all other provisions shall remain in full force and effect.
A. 
The purpose of this bylaw is to promote a sanitary environment, free of unintended contamination through contact with animal waste for all Templeton residents and nonresidents.
B. 
Removal required.
(1) 
The owner, keeper, or any person in control of a dog, or other animal, shall be responsible for the prompt removal and proper disposal of any feces deposited by such dog, or other animal, upon any public ways, such as streets, roads, avenues, lanes, circles, highways, paths, sidewalks, trails, etc. or upon any public land within 10 feet of such public ways or upon any public land designated as parks, playgrounds, cemeteries, school yards, golf courses, recreation areas, or any other municipal or government building and/or grounds, all within the Town of Templeton, as well as on property, public or private, and neither owned nor occupied by said person. Furthermore, no person who owns, possesses, or controls such dog, or other animal, shall appear with such dog, or other animal, on any of the aforementioned areas without the means of removal of any such animal feces left by such dog, or other animal. Additionally, disposal of said animal feces in Town trash receptacles or in storm drains is prohibited.
(2) 
For the purposes of this chapter, the means of removal shall be any tool, implement, or device carried for the purpose of removal or containment of such feces.
C. 
Applicability. This section shall not apply to a physically challenged person in sole custody of a dog, or other animal, or to any individual using a guide/service dog.
D. 
Enforcement; violations and penalties.
(1) 
Enforcement shall be by the Animal Control Officer, Board of Health or any other duly appointed law enforcement officer.
(2) 
Penalty for violation of this bylaw will be by noncriminal disposition pursuant to MGL c. 40, § 21D. For the purpose of this bylaw, the penalty to apply in the event of a violation shall be as follows:
(a) 
First offense: $25.
(b) 
Second offense: $50.
(c) 
Third offense: $100.
(d) 
Fourth and any subsequent offense: $200.
(3) 
Each occurrence of a violation on any day shall be deemed a separate offense.