[HISTORY: Adopted by the Special Town Meeting
of the Town of Townsend 4-26-1994 by Art. 21. Amendments noted where
applicable.]
GENERAL REFERENCES
Animal Care Program — See Ch. 29.
All animals of canine species, both male and female.
Any person or persons, firm, association or corporation owning,
keeping or harboring a dog as herein defined.
Any dog shall be deemed a public nuisance when attacking
persons or domestic animals when such dog is on property other than
that of the dog owner; when destroying property; when on a public
school grounds and not under restraint; when it persistently chases
moving motor vehicles, pedestrians, or bicycle riders; when it persistently
and continually barks or howls; when it is permitted to run at large
and unrestrained on property other than its owners; any unspayed female
dog in season shall be deemed a public nuisance when not confined
indoors or housed in a veterinary hospital or registered kennel. Each
time one of the above nuisances exists shall constitute a separate
offense.
A.
No owner or keeper of any dog shall permit such dog,
whether licensed or unlicensed, to become a nuisance within the Town
at any time.
B.
This by-law does not prohibit the running of hunting
dogs or the exercising of dogs that are under the immediate control
of owner or keeper.
C.
If the owner or keeper of a dog be a minor, the parent
or guardian of such minor shall be held liable for any violations
of the by-law.
D.
The owner shall pay such fees as established by Middlesex
County and it shall be the duty of the Animal Control Officer to apprehend
any dog which he/she has reason to believe to be a public nuisance
and to impound such dog in a suitable place or to order the owner
thereof to restrain such dog.
E.
If such a dog is impounded and has upon it the name
and/or address of the owner, or if the owner is otherwise known, the
Dog Officer shall immediately notify the owner. If the owner is not
known, then no notice is necessary.
[Amended 5-7-2002 STM by Art. 16]
F.
The owner of any dog impounded may reclaim such dog
upon payment of $10; and $3 for the first two twenty-four-hour periods
or any part thereof that the dog is held and $14 each additional twenty-four-hour
period or any part thereof; provided, however, if the dog is not licensed
before it is released to any person, a license, if such is required
by the Town, shall be secured. The sums collected pursuant to the
provision of this section shall be accounted for and paid over to
the Town Treasurer. Any dog which has been impounded and has not been
redeemed by the owner within 10 days shall be disposed of as provided
by the laws of the Commonwealth of Massachusetts.
(1)
If a
dog requires immediate veterinary care while in the custody of the
Town, the Animal Control Officer or his/her designee will make reasonable
efforts to contact the dog’s owner. If the owner cannot be reached
and the Animal Control Officer determines, with the advice of a veterinarian,
that immediate veterinary treatment is necessary, the Animal Control
Officer may order such treatment be provided. The owner of the dog
shall be responsible for reimbursing the Town for such treatment,
in addition to the above fees. Reimbursement for veterinary care shall
be paid into the Animal Care Program Revolving Fund.
[Added 11-15-2011 STM by Art. 20]
H.
The Animal Control Officer, members of the Police
Department, or whoever else may be designated by the Board of Selectmen
shall enforce the provisions of the by-law and shall attend to all
complaints or other matters pertaining to dogs in the Town with citation
rights.
A.
The annual fee in the Town of Townsend shall be: female/male:
$13; spayed female/neutered male: $8. (Dogs for which their age can
be confirmed as being eight years or older, and dogs for which it
can be verified by a veterinarian in writing that they cannot be spayed
or neutered due to severe medical reasons, shall adhere to the same
fee schedule as spayed and neutered dogs.) A valid rabies certificate
must be presented each time a dog/canine is licensed. Kennel (one
to four dogs): $30; kennel (five to 10 dogs): $60; kennel (over 10
dogs): $90.
[Amended 5-8-2021 ATM by Art. 19]
B.
Any person or entity who fails to register and license
their dog each year by the last day of February in the Town of Townsend,
Middlesex County, and pay the fees and charges under any and all applicable
ordinances, bylaws or regulations adopted/observed by the Town of
Townsend will be required to pay the Town a late fee, in the amount
of $10. Anyone acquiring a dog six months of age or older after the
last day of February in any year shall have 30 days from the date
of acquisition, which shall be presumed to be the date of the rabies
certificate, to register and license the dog or be subject to a late
fee of $10.
[Amended 4-25-1995 STM by Art. 6; 5-7-2013 ATM by Art. 30]
C.
Additionally, failure to license and register a dog
by May 1 annually shall result in a fifty-dollar fine, which will
not affect the late fee the Town charges. The Town will still charge
the late fee. This is a violation fine to be paid to the office of
the Town Clerk. On or about May 1 annually, those owners in violation
of the licensing requirement of this bylaw will receive a notice of
failure to license and those that do not pay $50 within 21 days shall
then go to court.
[Amended 4-25-1995 STM by Art. 6; 5-8-2021 ATM by Art. 19]
Subject to applicable zoning bylaws/regulations
and building permits, no owner or keeper of five or more dogs shall
erect a kennel for housing of said dogs without prior written approval
of the Animal Control Officer relative to the construction, location
and capacity of said kennel. Should the petitioner be turned down
by the Animal Control Officer, the petitioner shall have the right
to appeal to the Board of Selectmen. Any such determination by the
Board of Selectmen shall not affect any obligation of the owner to
comply with the zoning bylaws or any other applicable rule or regulation.
[Added 5-2-2006 ATM by Art. 33]
No owner or keeper of a dog shall fail to promptly
remove and properly dispose of any feces left by such dog on property
not owned or controlled by the owner or keeper of such dog. Violations
of this section may be enforced by the Animal Control Officer or a
Townsend police officer.
