[HISTORY: Adopted by the Town Meeting of the Town of Plympton 6-17-2020 ATM by Art. 27. Amendments noted where applicable.]
As used in this bylaw, the following words and phrases shall
have the following meanings:
Any officer appointed under these rules and regulations for
the enforcement of said rules and regulations.
The Plympton Board of Health.
The Town of Plympton Clerk.
A single premises with a collection of 11 or more dogs six
months or older that are maintained for any purpose, or where four
or more litters per year are raised, or where the boarding or grooming
of dogs is performed as a business.
A dog that either:
Shall include but not be limited to dogs and cats.
A single premises with a collection of six to 10 dogs, six
months or older, that are maintained for any purpose, and where fewer
than four litters per year are raised.
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog.
A single premises with a collection of four or more dogs,
six months or older, that are maintained for breeding, boarding, sale,
training, hunting, or any other purpose.
A fee of $50 in addition to the license fee will be imposed
after April 1 following to December 31 for any overdue license, as
provided for hereunder.
The time between January 1 and December 31 annually.
Animals or fowl kept or propagated by the owner for food
or recreational purposes.
A dog that:
By excessive barking or other disturbance, is a source of annoyance
to a sick person residing in the vicinity; or
By excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's quiet
and peaceful enjoyment; or
Has threatened or attacked livestock, a domestic animal or a
person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
The Plympton Board of Selectmen.
The Town of Plympton.
A.
The owner or keeper of a dog kept in the Town of Plympton is subject
to these regulations when the dog attains the age of six months and
annually thereafter as required by MGL c. 140, § 145B.
B.
The Town Clerk shall issue dog licenses and tags on a form prescribed
and furnished by the Town of Plympton. The Animal Control Officer
may accept applications and fees for licenses and shall transmit same
to the Clerk, who shall cause the license to be issued. Subject to
the approval of the Board of Selectmen, the Town may permit licensing
to be conducted through the mail.
C.
The Clerk shall record each license issued, the name of the owner
or keeper of each dog so licensed, and the name, registered number
and description of each dog. The owner or keeper of any dog so licensed
shall state upon the license form the breed, color, and age of the
dog. Such paperwork shall be open to public inspection during the
usual office hours of such Clerk.
D.
Each tag shall include the license number, a statement that the dog
is licensed in the Town of Plympton, and the year issued.
E.
The owner or keeper shall cause said dog to wear around its neck
or body a collar or harness to which the tag shall be securely attached.
In the event that any tag is lost, defaced or destroyed, the owner
or keeper shall obtain substitute tags from the Town Clerk at a cost
of $2 to be paid to the Town.
F.
The fee for each dog licensed shall be $10; unless a certificate
from a veterinarian stating that the dog has been spayed or neutered
has been presented to the Clerk, in which case the fee shall be $7.
G.
No fee shall be charged for a service animal as defined by the Americans
with Disabilities Act or regulations promulgated thereunder, upon
presentation to the Clerk of a certificate of such training and a
copy of a current rabies certificate. No fee shall be charged for
a dog specially trained for police work and actively serving in law
enforcement.
H.
A license fee shall not be refunded because of a subsequent death,
loss, spaying or neutering, or removal from the Town or other disposition
of such dog, nor because a license fee has been mistakenly paid to
the Town.
I.
The provisions of this section shall not apply to institutions licensed
under MGL c. 140, § 174D, to shops licensed under MGL c.
129, § 39A, to any person operating a licensed kennel and
where otherwise provided by law.
A.
Any owner or keeper of four or more dogs, six months of age or over, shall obtain a kennel license; provided, however, that if necessary to operate a kennel under Chapter 300, Zoning, of the Town Bylaws, the written approval of the Board of Appeals or special permit granting authority must be presented to the Town Clerk prior to the issuance of such license. Kennels are defined and classified in § 135-1 of this bylaw.
C.
A kennel license shall be in lieu of any other license required for
any dog which may be kept in such kennel for any portion of the period
for which the license is issued. The owner or keeper of such kennel
shall renew the license prior to the commencement of each succeeding
license period.
D.
While at large, each dog in a kennel shall wear a collar or harness
to which shall be securely attached a tag upon which shall appear
the number of the kennel license, the name "Town of Plympton", and
the year of issuance. Such tag shall be in a form prescribed and furnished
by the Town of Plympton and shall be issued by the Town Clerk along
with the kennel license.
E.
If a kennel owner desires to increase the capacity of his kennel
during a license period, he shall apply for a license modification
to the Town Clerk, and, if necessary, present the Town Clerk with
the written approval of the Board of Appeals prior to the issuance
of such license modification. The Clerk shall issue such modification
upon payment by the owner of the difference between his existing kennel
license and the fee for the kennel license most recently approved.
F.
The Clerk shall issue, without charge, upon written application and
written approval of the Board of Appeals, a kennel license to any
domestic charitable corporation incorporated in the Commonwealth of
Massachusetts exclusively for the purpose of protecting animals from
cruelty, neglect or abuse.
G.
A veterinary hospital shall not be considered a kennel unless it
contains an area for the grooming or selling of dogs, or for the boarding
of dogs for other than medical or surgical purposes, in which case
it shall supply to the Clerk proof of obtaining a special permit from
the Board of Appeals prior to the issuance of a kennel license.
H.
All holders of kennel licenses shall notify the Town Clerk, in writing,
of the sale of any dog or pup, including a description of the animal,
the age, color, identifying marks, sex and whether the dog has been
spayed or neutered. The kennel owner will forward a copy of such notice
to the clerk of the city or town in which the new owner of the dog
resides.
A.
The Animal Control Officer or the Chief of Police of the Town of
Plympton, or other persons authorized under the General Laws, shall
at any time inspect or cause to be inspected any kennel and if, in
his or her judgment, the kennel is not being maintained in a sanitary
and humane manner, or if records are not properly kept as required
by law, the Board of Selectmen shall by order revoke or suspend said
kennel license. In the case of suspension of said license, the Board
of Selectmen may reinstate such kennel license and impose conditions
and regulations upon the operation of said kennel.
B.
Upon the petition of six citizens filed with the Board of Selectmen
setting forth that they are aggrieved or annoyed to an unreasonable
extent by one or more dogs at a kennel located in the Town of Plympton
because of excessive barking or vicious disposition of such dogs or
other conditions connected with the kennel that constitute a public
nuisance, the Board of Selectmen shall, within seven days of the filing
of such petition, give notice to all parties concerned of a public
hearing to be held within 14 days after the date of such notice. Within
seven days after the public hearing, the Board of Selectmen shall
make an order either revoking or suspending such kennel license or
otherwise regulating the operation of said kennel, or shall dismiss
such petition.
C.
Any person maintaining a kennel after the license has been suspended
or revoked shall be punished by a fine of not less than $50 per day
payable to the Town of Plympton.
A.
Whoever violates any provision of § 135-2 or § 135-3 of these rules and regulations may be fined through the noncriminal disposition process or through the District Court process. If any person(s) refuses to answer, or answers falsely, questions of a police officer or an Animal Control Officer pertaining to his ownership of a dog, he shall be punished by a fine of $50, which shall be paid to the Town.
B.
Noncriminal
disposition. A noncriminal citation for violation of this Dog Control
Bylaw may be pursued by the Animal Control Officer or the Board of
Selectmen's designee by writing and serving notice as provided for
under MGL c. 40, § 21D, as an alternative to initiating
criminal proceedings, with the violator able to avoid an appearance
before the District Court by paying an imposed amount disclosed in
the writing of $50 for the first offense, $100 for a second offense,
$300 for a third offense and $500 for a fourth or any additional offense
within a calendar year, in accordance with MGL c. 140, § 173A.
A.
The owner or keeper of a dog which has reached the age of six months
shall cause that dog to be vaccinated against rabies by a veterinarian
using a vaccine approved by the Department of Public Health.
B.
Upon vaccination, the veterinarian shall provide a tag, which shall
be secured to the collar or harness of the dog, which shall show the
year the vaccination was given; and he shall prepare three copies
of a form which shall specify the name and address of the owner or
keeper of the dog, the name, registration number, rabies tag number,
license number, life of the vaccine and the name of the company that
produced the vaccine. The veterinarian shall mail one copy to the
Plympton Town Clerk, present one copy to the owner or keeper of the
dog and keep one copy.
C.
The Plympton Board of Health shall furnish upon request to any uninsured
resident of the Town who has been or may be exposed to rabies, anti-rabic
vaccine and treatment free of charge in accordance with the rules
and regulations of the Department of Public Health and accepted medical
practice. Such person shall have the right to select his own physician,
who shall be paid by the Town at a rate established by the Board of
Health. The Board of Health shall provide a rabies vaccination free
of charge upon request of the Animal Control Officer.
D.
Unvaccinated dogs acquired or brought into the Town of Plympton shall
be vaccinated within 30 days or upon reaching the age of six months,
whichever is later. Vaccinated dogs shall be revaccinated as required
in accordance with rules adopted and promulgated by the Department
of Public Health.
E.
Whoever violates the provisions of this section shall pay a fine
under MGL c. 40, § 21D of $100, which shall be paid to the
Town.
The Town Clerk shall make a record of each license issued, the
name and address of the owner or keeper of each dog so licensed, the
registered number and description of each dog, and such paperwork
shall be open to public inspection during regular office hours. The
Town shall pay for all license forms, tags, printed records and all
standard operating forms.
A.
The Board of Selectmen shall, from time to time, appoint one or more
Animal Control Officers, who shall receive an annual salary which
shall be set by the Board of Selectmen within the amount appropriated
by the Town. The Animal Control Officer may be a police officer or
constable.
B.
The Board of Selectmen, on behalf of the Town, may enter into a contract
with a domestic charitable corporation incorporated exclusively for
the purpose of protecting animals from cruelty, neglect or abuse to
perform the duties of the Animal Control Officer.
A.
The Animal Control Officer shall attend to all complaints, except
as assigned to the Chief of Police, or other matters regarding dogs
in the Town.
B.
The Animal Control Officer shall, at least twice in each year, inspect
every premises holding a kennel license and shall issue a written
report of the conditions of said kennel to the Board of Selectmen
and the Board of Health, stating his opinion as to the maintenance,
humane and sanitary conditions, and if records are properly kept by
the owner or keeper of said kennel.
C.
The Animal Control Officer shall be responsible for maintaining records
of all animals that become the subject of any action and shall record
each complaint and the nature thereof and what action, if any, was
taken by the Animal Control Officer or any other authority of the
Town.
D.
The Animal Control Officer shall maintain records of each dog confined
under his care and custody for any reason whatsoever, stating the
reasons for such confinement, the breed and color of the dog, the
date the dog came under the control of the Animal Control Officer,
the final disposition of the dog and the date of this disposition.
E.
The records maintained by the Animal Control Officer are considered
public documents and available upon request.
F.
The Animal Control Officer shall examine any premises to be used
as a proposed kennel and must submit a written report to the Board
of Selectmen, or if a special permit is required the Zoning Board
of Appeals as well, stating their opinion as to whether or not such
a site would be suitable for the type of kennel license requested.
G.
No Animal Control Officer shall be a licensed animal dealer registered
with the United States Department of Agriculture, and no Animal Control
Officer or any representative shall sell any animal to any licensed
animal dealer registered with the United States Department of Agriculture.
Whoever violates the provision of this section may be fined $50 under
MGL c. 40, § 21D.
A.
If any person shall make a complaint in writing to the Animal Control
Officer or Board of Selectmen that any dog owned or harbored within
the Town of Plympton is a nuisance dog or dangerous dog, as those
terms are defined in MGL c. 140, § 136A and 157, the Animal
Control Officer shall investigate or cause to be investigated such
complaint, which may include an examination under oath of the complainant,
submit a written report to the Selectmen of his/her findings and recommendations,
together with the written complaint. Upon receipt of such report,
the Selectmen shall call a hearing, giving the owner or keeper of
the dog due notice to appear, to interview, under oath, the complainant
and the owner or keeper of the dog. After the hearing, the Selectmen
may make such order concerning the restraint or disposal of such dog,
as authorized by MGL c. 140, § 157, dismissal of the complaint
or such other action 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 14 days to
enable the Selectmen to issue their order following receipt of the
report of the Animal Control Officer. If the Selectmen fail to act
during the period of the interim order, upon expiration of the interim
period, the order is automatically vacated.
B.
Any owner or keeper who fails to comply with an order of the Board
of Selectmen, Animal Control Officer, or District Court shall face
a complaint in the District Court or may pay a noncriminal disposition
fine to the Town of $50 for the first offense, $100 for a second offense,
$300 for a third offense and $500 for a fourth or subsequent offense
under MGL c. 40, § 21D.
A.
The Animal Control Officer may restrain or muzzle, or issue an interim
order to restrain or muzzle, for a period not to exceed 14 days, any
dog for any of the following reasons:
(1)
For having bitten or threatened (worried) any person.
(2)
If found at large or unmuzzled, as the case may be, while an order
for restraint of such dog is in effect. For the purpose of this bylaw,
the term "at large" means a dog which is defined as any and all of
the following:
(3)
If found in a school, or schoolyard or other recreational area.
(4)
For having killed or maimed or otherwise damaged any domestic animal,
livestock, or fowl.
(5)
For chasing any vehicle (including bicycles) upon any public way
or way open to public travel in the Town.
(6)
For chasing people walking or running on any public way or way open
to public travel in the Town.
B.
All dogs must be muzzled or restrained within 12 hours of issuance
of such order. If the owner or keeper refuses or neglects to restrain
or muzzle such dog as required, he may be fined $50 for the first
offense, $100 for the second offense, $300 for a third offense and
$500 for a fourth or subsequent offense under MGL c. 40, § 21D.
A.
If any person shall make a complaint to the Animal Control Officer that any dog harbored within the Town of Plympton is a nuisance or dangerous dog as defined in § 135-1 of this bylaw, the Animal Control Officer shall investigate or cause to be investigated such complaint, which may include an examination under oath of the complainant, and submit a written report of his findings and recommendations to the Board of Selectmen, together with the written complaint.
B.
The Animal Control Officer, after his investigation, may issue an
interim order that such dog be restrained or muzzled for a period
not to exceed 14 days to enable the Selectmen to issue their order
following receipt of the report of the Animal Control Officer. If
the Selectmen fail to act during the period of the interim order,
upon expiration of the interim period, the order is automatically
vacated. In accordance with MGL c. 140, § 157, the Selectmen
shall call a hearing, giving the owner or keeper of the dog due notice
to appear, giving sufficient notice to all interested parties, and
publishing the hearing notice in accordance with the Open Meeting
Law. It is recommended that the proceedings be recorded and the recording
is preserved.
C.
Public hearing.
(1)
There shall be three phases: complainant's case; owner's case; deliberation
and decision. The Selectmen, after credible evidence and testimony
is presented at the public hearing, shall a) dismiss the complaint;
b) deem the dog a nuisance dog, and they may further order that the
owner or keeper of the dog take remedial action to ameliorate the
cause of the nuisance behavior; or c) deem the dog a dangerous dog,
in which case they may make such order concerning the restraint, muzzling,
or euthanization of such dog, but excluding banishment and tethering,
or such other action as may be deemed necessary.
(2)
The decision should be announced at the close of the hearing and
the Selectmen should issue a written decision, which should be sent
to the owner by certified mail. The owner may bring an appeal in the
District Court within 10 days of issuance of a decision. The time
for appeal is commonly understood to run from the date on the written
notice. The District Court may issue order of confinement pending
appeal.
(a)
An owner or keeper of a dog who fails to comply with a lawful
order shall be subject to a noncriminal disposition fine of $300 under
MGL c. 40, § 21D or to the fine or penalty imposed by the
District Court.
(b)
No person over the age of 17 who has actual knowledge that a
dog has been deemed dangerous under MGL c. 40, § 157 shall
permit a child under the age of 17 to own, possess or have the care
or custody of such dog.
(c)
No person shall transfer ownership or possession of a dog which
such person knows, or reasonably should have known, has been deemed
dangerous under MGL c. 40, § 157 or offer such dangerous
dog for sale or breeding without informing the recipient of the dog
of the finding of dangerousness.
(3)
A police officer, constable or Animal Control Officer may capture,
detain or, in the case of a threat to public safety, euthanize a dog
in a humane manner if found to be in violation of an order of a hearing
authority or a District Court and may euthanize a dog, in a humane
manner, if it is living in a wild state as provided for by law.
A.
Any person may kill a dog as provided for by law. Any person who
kills or wounds a dog under this section shall, within 24 hours, report
such action to the Animal Control Officer and Police Department.
B.
Any Animal Control Officer, police officer or constable shall kill
a dog, as provided for by law, when the Board of Selectmen, or, upon
review, a magistrate or judge of the District Court shall have ordered
the dog to be restrained or destroyed for vicious behavior, and if
such dog is again found outside the enclosure of its owner or keeper
and not under his immediate care. Any Animal Control Officer, police
officer or constable may kill a dog, as provided for by law, which
is living in a wild state.
The Selectmen or their agents duly authorized in writing may,
as provided for by law, after written notice to the owner or keeper
of the dog, enter upon the premises of the owner or keeper of any
dog known to have done damage to domestic animals, livestock, or fowl,
and cause such dog to be euthanized in a humane manner, unless such
owner or keeper whose premises are thus entered shall give a bond
in the sum of $200, with sufficient sureties, approved by the Board
of Selectmen, conditioned that the dog be under permanent restraint.
If the owner or keeper declares his intention to provide such bond,
he shall be allowed seven business days, excluding holidays, in which
to provide said bond to the Town Clerk.
Whoever suffers loss by the worrying, killing or maiming of
domestic animals, livestock or fowl by a dog(s) shall be compensated
as provided for by law.
No owner of domestic animals, livestock or fowl shall be compensated
for damages inflicted by his own dog or dogs, nor shall he be compensated
if he, himself, was the owner or keeper of an unlicensed dog six months
of age or older. Compensation shall be only in accordance with law.
The owner or keeper of a dog which has done damage to domestic
animals, livestock or fowl shall be liable for such damage, as provided
for by law.
