[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.
DOG
All animals of canine species, both male and female.
OWNER
Any person or persons, firm, association or corporation owning, keeping or harboring a dog as herein defined.
PUBLIC NUISANCE
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]
G. 
Any owner found in violation of any of the provisions of the by-law may be fined in accordance with the following schedule:
[Amended 11-15-2011 STM by Art. 21]
(1) 
First offense: $25;
(2) 
Second offense: $35;
(3) 
Third and subsequent offenses: $50.
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.