[HISTORY: Adopted by the Town Meeting of
the Town of Plainville 6-6-2011 ATM by Art. 26. Amendments noted where
applicable.]
GENERAL REFERENCES
Enforcement — See Ch. 277.
[Amended 6-1-2015 ATM by Art. 56]
The Animal Control Officer shall be appointed
annually and shall attend to all complaints or other matters pertaining
to dogs in the Town of Plainville in accordance with MGL c. 140.
In this bylaw the following terms, unless a
contrary meaning is required by the context or is specifically prescribed,
shall have the following meanings:
The delivery of a cat, dog or other animal to any person
18 years of age or older for the purpose of harboring the animal as
a pet.
Every nonhuman species of animal, both domestic and wild,
living or deceased.
Any officer appointed by the Board of Selectmen to enforce
this bylaw.
[Amended 6-1-2015 ATM by Art. 56]
Any facility or kennel operated by a humane society, the
Town or its authorized agents for the purpose of impounding animals
under the authority of this bylaw or state law for care, confinement,
return to owner, adoption or euthanasia.
Any dog shall be deemed to be "at large" when it is off the
premises of its owner or keeper and not under the direct care and
control of a person demonstrating the ability to properly care and
control the dog.
A dog shall be considered in "care and control" while it
is on the premises of its owner or keeper; or if the dog is on the
premises of another person, with knowledge and permission of such
other person; or if the dog is on any way, public or private, to which
the public has access, secured by a leash or under direct control
of a responsible person and obedient to that person's command. Such
leash shall be suitable to prevent the dog from being at large or
to prevent the dog from becoming a public nuisance.
A kennel maintained as a business established for, or to
include, the boarding or grooming of dogs.
Any person, corporation or society, other than the owner,
harboring or having in his possession any dog.
The time between January 1 of any year to December 31 of
the same year, both dates inclusive.
Animals or fowl kept or propagated by the owner for food
or as means of livelihood; also, deer, elk, cottontail rabbits, northern
hares, pheasants, quail, partridge and other birds, and quadrupeds
determined by the Department of Fisheries, Wildlife and Environmental
Law Enforcement to be wild and kept by or under a permit from said
Department(s) in proper housing and/or suitably enclosed yards. Such
definition shall not include dogs or cats.
Any person, partnership or corporation in whom is vested
the ownership, dominion or title of one or more animals.
More than four dogs over the age of six months of age on
a single private premises.
[Amended 6-1-2015 ATM by Art. 56]
Any dog that unreasonably annoys humans, endangers the life
or health of other animals or person(s), or substantially interferes
with the rights of citizens, other than its owner(s), to enjoyment
of life or property. The term "public nuisance/dangerous dog" shall
mean and include, but is not limited to, any dog that:
Is found at large;
Damages the property of anyone other than its
owner or keeper;
Molests or intimidates pedestrians or passersby;
Excessively makes disturbing noises, including
but not limited to continued and repeated howling, barking, whining
or other utterances causing unreasonable annoyance, disturbances or
discomfort to neighbors or others in close proximity to the premises
where the dog is kept or harbored;
Has bitten or attacked any person;
Has bitten or attacked other domestic animals;
Is found at large in a schoolyard, public or
private recreation area, store or shopping area; except for those
dogs certified to assist the visually or hearing impaired, which shall
be deemed to be exempt from this provision;
Has been found by the Board of Selectmen, after
notice to its owner or keeper and a public hearing, to be a public
nuisance/dangerous dog by virtue of being a menace to public health,
safety or welfare.
Any dog that attacks, bites or injures humans or domesticated
animals without provocation; or which, because of temperament, conditioning
or training, has a known propensity to attack, bite or injure humans
or domestic animals.
A.
A person residing in the Town of Plainville who at
the beginning of the license period is, or who during a license period
becomes, the owner or keeper of a dog six months old or over shall
cause the dog to be licensed within 30 days. The Town Clerk shall
issue dog licenses and tags on a form prescribed and furnished by
the Town. Subject to the authorization of the Board of Selectmen,
the Town may permit the licensing to be conducted through the mail.
B.
On the license form, the Clerk shall record the name,
address and phone number of the owner or keeper of the dog, and the
name, breed, color and description of the dog. Each tag issued will
be valid for the specific animal described on the form and is not
transferable. The tag will include the license number, the phrase
"Town of Plainville" and the year of issue.
[Amended 6-1-2015 ATM by Art. 56]
C.
The owner or keeper of a dog shall cause each dog,
when off the premises of such owner or keeper, to wear around its
neck or body a collar or harness to which he shall securely attach
the license tag. In the event of loss of tag, a substitute tag will
be issued by the Clerk for a fee of $3.
D.
The Town Clerk shall not issue a license for any dog
unless the owner or keeper provides the Clerk with a veterinarian's
certificate verifying that the dog is currently vaccinated against
rabies.
E.
The fee for each dog license may be periodically adjusted
upon a majority vote of the Select Board prior to October 1 of any
year. The fee for each dog license shall be initially set as follows:
[Amended 6-1-2015 ATM by Art. 56; 6-5-2023 ATM by Art. 24]
|
Type
|
Fee
|
|---|---|
|
Unneutered male dog
|
$30
|
|
Unspayed female dog
|
$30
|
|
Neutered male dog
|
$10*
|
|
Spayed female dog
|
$10*
|
|
NOTES:
| |
|---|---|
|
*A certificate from a veterinarian stating that
the dog has been rendered incapable of procreation must be presented
to the Clerk for each dog so licensed.
|
|
No fee shall be charged for a license for a
dog owned by a person aged 70 years or over, as allowed by MGL c.
140, § 139(c). No license fee or portion thereof shall be
refunded because of the subsequent death, loss, spaying or removal
from the Town, or other disposal of the dog, nor shall a license fee
or portion thereof paid by mistake be paid or recovered after it has
been paid to the Town.
|
G.
Any owner or keeper of a dog who moves into the Town
of Plainville and has a valid current dog license from another municipality
in the Commonwealth of Massachusetts may obtain a dog license upon
the forfeiture of the old license and a fee of $1.
H.
The provisions of this section shall not apply to
any pet shop licensed by the commonwealth under the authority of MGL
c. 129, § 39A.
I.
Whoever violates the provisions of this bylaw section (§ 216-3), or fails to license their dog on or before the last business day in February, shall be subject to a fine of $50, which may be enforced via the noncriminal disposition provisions set forth in Chapter 277, Article II, of the Code of the Town of Plainville. The enforcing person(s) shall be the Animal Control Officer.
[Amended 6-1-2015 ATM by Art. 56; 6-6-2022 ATM by Art. 27]
A.
The owner or keeper of a dog or cat six months of
age or older shall cause the dog or cat to be properly vaccinated
against rabies by a licensed veterinarian. Upon vaccination, the veterinarian
shall issue a tag, which the owner shall secure to a collar as is
required under MGL c. 140, § 145B. The tag shall show the
year the vaccination was given, a rabies tag number, and the name
of the veterinary clinic or hospital.
B.
Owners of unvaccinated dogs or cats brought into the Town of Plainville shall be punished by a fine of $50, to be enforced via the noncriminal disposition provisions set forth in Chapter 277, Article II, of the Code of the Town of Plainville, which fine shall be paid to the Town of Plainville. The enforcing person(s) shall be the Animal Control Officer.
[Amended 6-1-2015 ATM by Art. 56]
Any owner or keeper of a dog shall not allow
or permit said dog to run at large or become a public nuisance in
the Town of Plainville.
[Amended 6-1-2015 ATM by Art. 56]
It shall be the duty of the Animal Control Officer
or any other person appointed by the Board of Selectmen to apprehend
any dog that is found running at large or any dog that is a public
nuisance, and impound such animal at an authorized animal shelter;
such animal to be held, adopted or euthanized as described in MGL
c. 140, § 151A. The Officer that so impounds any animal
shall keep a record of each animal so impounded, which shall contain
the following information: breed, color and sex of animal, distinctive
markings or characteristics of the animal, the name and address of
the owner, if known, along with the license number, the final disposition
of the animal, the name, address, phone number of any person adopting
such dog, and if destroyed, method and name of technician who administered
euthanasia. Such records shall be kept by the Animal Control Officer
for a period of 12 months from date of impoundment. A copy shall be
forwarded to the Town Clerk upon disposition of the animal, and such
Clerk shall retain copies as provided by law.
A.
The Animal Control Officer, any police officer of the Town of Plainville or any other person so appointed by the Board of Selectmen may enforce this bylaw via the noncriminal disposition provisions set forth in Chapter 277, Article II, of the Code of the Town of Plainville and impose a fine upon the owner or keeper of a dog so found to be at large or any dog so found to be a public nuisance; such fines to be $25 for the first offense, $50 for the second offense, $60 for the third offense and $100 for subsequent offenses. Fines shall be paid to the Town of Plainville before redemption of the dog, if impounded, or within 21 days of issuance of the imposed fine when impoundment has not occurred.
[Amended 6-1-2015 ATM by Art. 56]
B.
After the issuance of three fines on any one or more
dogs of the same owner or keeper, the person or persons offended by
such dog may make a complaint in writing to the Board of Selectmen.
The Board of Selectmen shall investigate or cause to be investigated
such complaint, and may, after a public hearing, make any order as
it deems necessary, including the removal, restraint or euthanasia
(destruction) of such animal, as described in MGL c. 140, § 151A.
An owner or keeper of any dog so impounded for
violation of this bylaw shall, in addition to any applicable fees
and penalties, pay to the Town of Plainville a boarding charge of
not less than $10 per day while such dog is impounded, nor more than
the actual cost to the Town of Plainville for the boarding and care
of such animal in any commercial kennel or animal hospital.
The owner or keeper of a dog so impounded may
claim the dog as provided by law, upon the occurrence of the following:
A.
The owner or keeper presents a valid dog license and
certificate of rabies vaccination;
B.
The owner or keeper pays all fines, boarding and other
fees;
C.
The owner or keeper gives his/her name, address and
date of birth;
D.
If the dog does not have a current rabies vaccination,
the owner or keeper must present a receipt from a licensed veterinarian
showing prepayment of a rabies vaccination.
E.
If the dog is unlicensed, the owner must license the
dog with either the Town Clerk or the Animal Control Officer prior
to redemption.
[Amended 6-6-2011 ATM by Art. 32]
A.
A kennel maintained as a business for the boarding
or grooming of dogs shall obtain a commercial kennel license upon
written application to the Town Clerk.
[Amended 6-1-2015 ATM by Art. 56]
|
Commercial Kennel License Fee Schedule
| ||
|---|---|---|
|
Fee
| ||
|
Up to 5 dogs
|
$25
| |
|
5 to 10 dogs
|
$50
| |
|
More than 10 dogs
|
$100
| |
B.
Each kennel shall be available for inspection by the
Animal Control Officer, a police officer or the Plainville Board of
Health at any time, to ascertain compliance with all state and local
laws and bylaws.
[Amended 6-1-2015 ATM by Art. 56]
C.
The Town Clerk shall issue a kennel license without
charge to any charitable corporation incorporated exclusively for
the purpose of protecting animals from cruelty, neglect or abuse and
for the relief of suffering animals.
D.
A veterinary clinic within the Town of Plainville
shall not be considered a commercial kennel, unless it contains an
area for grooming or selling of dogs or for boarding of dogs for other
than medical purpose.
E.
Any person or corporation maintaining a kennel for
30 days without the proper license shall be in violation of this provision.
F.
Whoever violates any provision of this section (§ 216-10) shall be punished by a fine of $50, payable to the Town of Plainville, which may be enforced via the noncriminal disposition provisions set forth in Chapter 277, Article II, of the Code of the Town of Plainville. The enforcing person(s) shall be the Animal Control Officer, a police officer or the Plainville Board of Health.
G.
Receipt
of a commercial kennel license does not void any applicable provisions
of the Plainville Zoning Bylaws.
[Added 6-1-2015 ATM by Art. 56]
[Amended 6-1-2015 ATM by Art. 56]
A.
Any owner or keeper of five or more dogs six months
of age or older who does not qualify as a commercial kennel shall
acquire from the Town Clerk a personal kennel license. The owner or
keeper must present to the Clerk that all such dogs have been currently
immunized against rabies and are currently licensed. The cost of the
multiple pet permit, which is in addition to the licensing fees, shall
be $25.
B.
The fine for violation of the provisions of this section (§ 216-11) shall be $50, payable to the Town of Plainville, which may be enforced via the noncriminal disposition provisions set forth in Chapter 277, Article II, of the Code of the Town of Plainville. The enforcing person(s) shall be the Animal Control Officer. Receipt of a personal kennel license does not void any applicable provisions of the Plainville Zoning Bylaws.
The provisions of MGL c. 140, §§ 157
and 158, shall be applicable to vicious or barking dogs, as if said
sections were fully set forth herein, with the exception that references
to a "chief of police of a City" and "County commissioners" are deleted
therefrom.
The Town Treasurer shall keep a separate account
of all monies received and expended by him/her relating to the provisions
of this bylaw. All monies received relating to this bylaw, including
monies for the licensing of dogs (less that portion to be retained
by the Town Clerk) and fees relating to fines and/or impoundment,
shall be deposited into a revolving account established pursuant to
the provisions of MGL c. 44, § 53E1/2; providing, however,
that these monies may be used for the purchase of forms, tags, materials,
boarding fees, veterinary fees and other eligible costs relating to
the implementation of this bylaw and for certain reimbursements provided
for within this bylaw.
A.
Any veterinarian who renders emergency care or treatment
to or disposes of any dog or cat injured on any public way in the
Town of Plainville shall receive payment of reasonable costs from
the owner of such dog or cat, if known, or if not known shall receive
the sum of $20 from the Town of Plainville for such care, treatment
and/or disposal.
B.
Care, treatment and/or disposal shall be for the purpose
of maintaining life, stabilizing the animal or alleviating pain or
suffering until the owner of such dog or cat is identified or for
a period of 24 hours, whichever is sooner.
C.
Any veterinarian who renders such emergency care or
treatment to or euthanizes or disposes of such dog or cat shall notify
the Animal Control Officer in Plainville, and upon notification, the
Animal Control Officer shall assume control of such dog or cat.
[Amended 6-1-2015 ATM by Art. 56]
A.
Whoever suffers a loss by the worrying, maiming or
killing of livestock or fowl by dogs that are in violation of the
provisions of this bylaw shall inform the Animal Control Officer (or
in his/her absence, a police officer), forthwith, who shall as soon
as reasonably possible proceed to the scene to view the damage and
to determine if the damage was done in fact by dogs, and if so, authorize
the Town Treasurer to make reimbursement to the owner of such livestock
or fowl when the total amount of damage does not exceed $200. If in
the opinion of the Animal Control Officer the total damage exceeds
$200, the damage shall be appraised on oath by three persons, one
of whom shall be the Animal Control Officer, one shall be appointed
by the person alleged to be damaged and the third appointed by the
other two.
[Amended 6-1-2015 ATM by Art. 56]
B.
The said appraisers shall consider and include in
such damages the number and kind of animals damaged, the extent of
the damage and the approximate weight of the killed animals. The appraisers
will also note in their report whether or not any animals were sent
for veterinarian treatment in an effort to save them, the number and
kind of such animals. Such report will be filed in the office of the
Town Clerk within 10 days of said appraisal, who shall submit said
appraisal report to the Board of Selectmen for payment. The Board
of Selectmen may require the appraisers to provide additional information
that it deems appropriate in accordance with the report of the appraisers.
C.
No owner of livestock or fowl shall be reimbursed
for damages inflicted by his own dog or dogs, nor shall he be reimbursed
if he was the owner or keeper of an unlicensed dog six months of age
or older, nor shall he be reimbursed for damages if the owner or keeper
of the dog inflicting the damage is known to him or to the Animal
Control Officer. No reimbursement shall be made in the case of damage
to deer, elk, cottontail rabbits, northern hares, pheasants, quail,
partridge and other livestock or fowl determined by the Department
of Fisheries, Wildlife and Environmental Law Enforcement to be wild.
No reimbursement will be made for damage done by a dog to dogs, cats
and other pets. Awards for damages in no case shall exceed the fair
cash market value of such livestock or fowl, to an aggregate maximum
reimbursement of $1,000.
[Amended 6-1-2015 ATM by Art. 56]
D.
The owner or keeper of a dog which has done damage
to livestock or fowl shall be liable for such damage, including medical
costs, and the Selectmen may order the owner or keeper to pay such
damages after an investigation by the Animal Control Officer of the
facts of the matter and an appraisal of the damages as provided above.
The appraiser(s) will submit a report to the Selectmen stating the
type of damage, the number and kind of animals damaged and whether
any animals required medical treatment by a veterinarian to save them.
[Amended 6-1-2015 ATM by Art. 56]
E.
In the event that the owner or keeper of such dog
known to have done damage to livestock or fowl refuses to pay upon
the order of the Selectmen, the Selectmen shall enter or cause to
be entered a complaint in the District Court for the enforcement of
the order.[1]
[1]
Editor's Note: Former Subsection F, regarding the maiming
or killing of livestock or fowl by dogs that have been previously
ordered restrained , which immediately followed, was repealed 6-1-2015
ATM by Art. 56.
[Amended 6-1-2015 ATM by Art. 56]
The Town of Plainville shall follow MGL c. 140,
§ 153. The Board of Selectmen, subject to Town Meeting approval,
shall set the compensation and expense of such Animal Control Officer
appointed to enforce the state and local laws and bylaws pertaining
to animals.
If a dog which the Selectmen or, upon review,
the District Court shall have ordered to be restrained shall wound
any person or shall worry, wound or kill any livestock or fowl, the
owner or keeper of such dog shall be liable in tort to the person
injured therein in treble the amount of damages sustained by him as
required under MGL c. 140, § 159.
All other bylaws of the Town of Plainville that
are in conflict with the provisions of this bylaw are hereby repealed
to the extent of such conflict.
If any part of this bylaw shall be held invalid,
such part shall be deemed severable, and the invalidity thereof shall
not affect the remaining parts of this bylaw.
