ANNUAL TOWN MEETING
TOWN OF RAYNHAM
THE COMMONWEALTH OF MASSACHUSETTS
5-16-2005
BRISTOL, ss
To either of the Constables of the Town of Raynham in the County of Bristol, GREETING.
IN THE NAME OF THE Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet at the Raynham Middle School Auditorium in said Raynham on Monday the 16th day of May at 7:00 in the evening, then and there to act on the following Articles.
ARTICLE 1. To choose by nomination all minor Town Officers.
ARTICLE 2. To see if the Town will vote to accept the report of the Town Officers.
ARTICLE 3. To raise such sums of money as may be necessary to defray Town charges and make appropriations for same.
ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer the sum of $60,000 to the Reserve Fund, or take any action relative thereto. (Submitted by the Finance Committee)
ARTICLE 5. To see if the Town will vote to transfer the sum of $300,000 from the Stabilization Account to the Bridgewater-Raynham Regional School District account (line item 106), or take any action relative thereto.
ARTICLE 6. To see if the Town will vote to raise and appropriate or transfer the sum of $9,000 for the payment of any bills incurred during the previous fiscal year which remain unpaid; or take any action relative thereto.
ARTICLE 7. To see if the Town will vote to raise and appropriate or transfer the sum of $400 for quarters for the American Legion, Post #405; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 8. To see if the Town will vote to establish a special revenue fund pursuant to MGL Chapter 40, section 3 for the North School into which lease payments for said school shall be deposited and out of which funds may be expended without further appropriation for the upkeep of said school and to see if the Town will vote to allow any balance in the account to be carried over from fiscal year to fiscal year; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 9. To see if the Town will vote to authorize a revolving fund under MGL, Ch.44, sec. 53E ½ that may be spent by the Park & Recreation Department without further appropriation during FY 06 to pay salaries, expenses and contractual services required to operate its Before and After School Day Care, Summer Playground, School Vacation and Kindergarten Extension Programs. The Revolving Fund is to be credited with all fees and charges received during FY 06 from persons using these services.
The Park & Recreation Dept. may spend $_________in revolving fund monies for these program during FY 06.
ARTICLE 10. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the financial year beginning July 1, 2005, in accordance with the provisions of the Gen. Law, Chap. 44, Sec. 4, and to issue note(s) therefore, payable within one year, and to renew any note (s) as may be given for a period of less than one year in accordance with Gen. Law, Chap. 44, Sec. 17, or take any action relative thereto. (Submitted by the Treasurer/Collector)
ARTICLE 11. To see if the Town will vote to authorize the Board of Selectmen to sign contracts upon such terms and conditions as they deem appropriate for any subject for which money was appropriated by the Town of Raynham, or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 12. To see if the Town will vote to transfer the balance of the unexpended sum of $211.81 from Article 31 of the Annual Town Meeting of May 17, 1999 for the Senior Center to reduce the Long Term Debt Service Principal expense; or take any action relative thereto. (Submitted by the Treasurer/Collector)
ARTICLE 13. To see if the Town will vote to create the position of MIS Director at 20 hours per week and to raise and appropriate $32,000 to fund the position; or take any action relative thereto.
ARTICLE 14. To see if the Town will vote to create the part-time position of Health Inspector/Sanitarian under the Town’s Board of Health and to raise and appropriate the sum of $17,000.00 to the Board of Health wage account; or take any action relative thereto. (Submitted by Board of Selectmen/Board of Health)
ARTICLE 15. To see if the Town will vote to create the position of Administrative Assistant for the Town Accountant’s Office and raise and appropriate the sum of $____ to the Accountant Wage account; or take any action relative thereto.
Note: Passage of this article would allow the reclassification of an existing Senior Clerk position to an Administrative Assistant.
ARTICLE 16. To see if the Town will vote to transfer from Overlay Surplus the sum of $87,900.00 to carry out Fiscal 2007 State mandated re-certification of real and personal property valuations and Maintenance services for Fiscal Years 2008 and 2009, or take any action relative thereto. (Submitted by the Board of Assessors)
ARTICLE 17. To see if the Town will vote to raise and appropriate or transfer the sum of $10,000 to connect the Lion’s Club building to the municipal sewer system; or take any action relative thereto. (Submitted by the Park and Recreation Commissioners)
ARTICLE 18. To see if the Town will vote to approve the addition of a full-time Kindergarten Coordinator position to the Park and Recreation Department for the purpose of overseeing a new Kindergarten Extension program; or take any action relative thereto. (Submitted by the Park and Recreation Commissioners)
Note: The Coordinator will work approximately 30 hours per week and be paid approximately $28,000. Position will be paid from a Revolving fund.
ARTICLE 19. To see if the Town will vote to approve the addition of a full-time Laborer position to the Park and Recreation Department, and to raise and appropriate or transfer the sum of $26,927 to Park and Recreation Wages to fund the position; or take any action relative thereto. (Submitted by the Park and Recreation Commissioners)
ARTICLE 20. To see if the Town will vote to transfer $10,000 from the Park Revolving Account to the Park and Recreation Programs account, or take any action relative thereto. (Submitted by the Park and Recreation Commissioners)
ARTICLE 21. To see if the Town will vote to transfer $________ from the Borden Colony Rent Account to the Park and Recreation Borden Colony account, or take any action relative thereto. (Submitted by the Park and Recreation Commissioners)
ARTICLE 22. To see if the Town will vote to transfer the sum of $200,000.00 from the Ambulance Revolving Account to the Ambulance Wage Account, in the following manner-$100,000 on July 1, 2005 and $100,000 on January 1, 2006; or take any action relative thereto. (Submitted by the Fire Department)
Note: This is per agreement with Fire Chief, Selectmen and Finance Committee to supplement the Wage Account for the Fire Department. Any money remaining at the end of FY2006 from the $200,000.00 transferred to the Wage Account would be returned to the Ambulance Revolving Account.
ARTICLE 23. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $1,134,000.00 to operate the sewer enterprise; or take any other action thereto. (Submitted by the Sewer Commissioners)
Note:
The Finance Committee recommends that the following sums be appropriated to operate the sewer enterprise:
Salaries and Wages 394,000.00
Expenses 655,600.00
Health Insurance 44,400.00
Emergency Reserve 40,000.00
Total $1,134,000.00
$1,089,600.00 to come from enterprise revenues, $0.00 to come from retained earnings, and $44,400.00 to be appropriated in the general fund and funded from sewer enterprise revenues.
ARTICLE 24. To see if the Town will vote to transfer the sum of $384,661.00 as detailed below from the Special Landfill account to operate the Solid Waste and Recycling Division, and maintain the landfill infrastructure and monitoring processes; or take any action relative thereto. (Submitted by the Highway Department)
Salary $ 94,182.00
Wages $ 59,779.00
Expenses $ 230,700.00
Total $ 384,661.00
ARTICLE 25. To see if the Town will vote to transfer the balance of funds remaining in Article 2 of the June 16, 2003 Special Town Meeting for the Highway Department Garage expansion to the landfill closure account for the purpose of hiring professional services, purchasing materials and/or outside contractors to perform maintenance and/or reconstruction of portions of the landfill to stay within Department of Environmental Protection (DEP) compliance regulations, or take any action relative thereto. (Submitted by the Highway Department)
ARTICLE 26. To see if the Town will vote to raise and appropriate or transfer the sum of $100,000.00 for construction and improvements of the Town infrastructure in addition to any funds allotted by the Commonwealth and /or County, or take any action relative thereto. (Submitted by the Highway Department)
ARTICLE 27. To see if the Town will vote to accept the layout and relocation of portions of King Phillip Street and Gardner Street as voted by the Town of Raynham Board of Selectmen and as shown on five sheets of a plan entitled, “PLAN OF PROPOSED ROADWAY LAYOUT AND TAKINGS, KING PHILIP STREET, RAYNHAM, MASSACHUSETTS, PREPARED BY WILLIAM MacKENZIE P.L.S., PRESIDENT, ALPHA LAND SURVEYING & ENGINEERING ASSOCIATES, DATE: OCTOBER 28, 2004, SCALE: 1” = 40’ ”, said plan being on file in the office of the Town of Raynham Town Clerk, said vote of acceptance of the layout and relocation to become effective only upon the Massachusetts Commissioner of Food and Agriculture, or the Massachusetts Commissioner of Agricultural Resources, as the case may be, approving the plan of such
layout and relocation, or take any other action relative thereto.
ARTICLE 28. To see if the Town will vote to authorize the Board of Selectmen to accept as a gift, purchase or take by eminent domain, for the public purpose of widening for public safety a portion of King Phillip Street in providing for a walking path and bike path, the following parcel of land: Parcel T12 shown on a plan entitled, “PLAN OF PROPOSED ROADWAY LAYOUT AND TAKINGS, KING PHILIP STREET, RAYNHAM, MASSACHUSETTS, PREPARED BY WILLIAM MacKENZIE P.L.S., PRESIDENT, ALPHA LAND SURVEYING & ENGINEERING ASSOCIATES, DATE: OCTOBER 28, 2004, SCALE: 1” = 40’ ”, Sheet 5 of 5. Funds for this purpose, including land damages, cost of appraisal and other incidental and consequential expenses, have been previously appropriated in Article 28 of the November 18, 2002
Special Town Meeting, as well as funds presently on hand for the Town of Raynham Highway Department as part of Chapter 90 funds, or take any other action relative thereto.
ARTICLE 29. To see if the Town will vote to abandon and discontinue certain portions of King Phillip Street shown as Parcels B1, D2 and B3 on Sheets 3 of 5 and 4 of 5 on a plan entitled, “PLAN OF PROPOSED ROADWAY LAYOUT AND TAKINGS, KING PHILIP STREET, RAYNHAM, MASSACHUSETTS, PREPARED BY WILLIAM MacKENZIE P.L.S., PRESIDENT, ALPHA LAND SURVEYING & ENGINEERING ASSOCIATES, DATE: OCTOBER 28, 2004, SCALE: 1” = 40’ ”, said plan being on file in the office of the Town of Raynham Town Clerk; said vote to abandon and discontinue to become effective only upon the Massachusetts Commissioner of Food and Agriculture, or the Massachusetts Commissioner of Agricultural Resources, as the case may be, approving the plan of the layout and relocation of portions of King Phillip Street and
Gardner Street described in Article 27 of the May 2005 Annual Town Meeting, or take another action relative thereto.
ARTICLE 30. To see if the Town will vote to authorize the Board of Selectmen to accept and enter into contracts for the expenditure of any funds allotted or to be allotted by the Commonwealth and/or County for construction, reconstruction and improvements of the Town infrastructure, and to authorize the Board of Selectmen to borrow in anticipation of reimbursements of funds; or take any action relative thereto. (Submitted by the Board of Selectmen)
ARTICLE 31. To see if the Town will vote to raise and appropriate or transfer the sums of money listed below to the Police Department Accounts to add one fulltime police officer to the Police Department; or take any action relative thereto. (Submitted by the Police Department)
POLICE SALARY ACCOUNT: $39,013
POLICE WAGE ACCOUNT: $ 2,900
POLICE EXPENSE ACCOUNT: $ 4,674
Total $46,587
ARTICLE 32. To see if the Town will vote to raise and appropriate or transfer the sum of $3,000.00 to purchase one Ballistic Shield for the Police Department; or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 33. To see if the Town will raise and appropriate or transfer the sum of $27,375.00 to add one fulltime Communications Clerk to the Police Department and add these funds to the Communications Clerks Account; or take any action relative thereto. (Submitted by the Police Department)
ARTICLE 34. To see if the Town will vote to accept the following as a General By-law; or take any action relative thereto.
Section 2/35 Tax Increment Financing Board
Organization
There is hereby established within the municipal government an unpaid Tax Increment Financing Board (TIFB) consisting of the following officials: Chairman of the Board of Assessors or his or her designee, Chairman of the Business and Economic Development Committee or his or her designee, Chairman of the Planning Board or his or her designee, Chairman of the Board of Selectmen or his or her designee, Chairman of the Finance Committee or his or her designee, Town Treasurer/Collector and one citizen appointed annually by the Board of Selectmen. The Town Planner is an ex-officio non-voting member. Each member who is a designee shall be appointed annually at the beginning of each fiscal year.
Powers and Duties
a. The TIFB shall negotiate agreements between the Town of Raynham and businesses designated as "Certified Projects" for Special Tax Assessment or Tax Increment Financing in accordance with General Laws Chapter 23A and Chapter 40, Section 59, as amended. Agreements as negotiated by the TIFB shall be legally binding only after ratification by Town Meeting. The Town’s designation of specific job creation projects as "Certified Projects" shall be subject to final approval from the Massachusetts Economic Assistance Coordinating Council (EACC). The TIFB does not have the authority to negotiate a TIF for any Water District.
b. The TIFB shall direct the development of a Tax Increment Financing Plan and submit said plan to Town Meeting and EACC as required by state law.
c. Subject to Town Meeting ratification, the TIFB shall determine, on a case-by-case basis, the need for local property tax incentives based upon the General Policy Statement as most recently amended by the TIFB.
d. The TIFB shall forward to the Board of Assessors a copy of each executed agreement to provide property tax incentives to an approved "Certified Project" together with a list of parcels to be included therein.
e. The TIFB shall annually review the status of the executed agreement with each "Certified Project" to determine compliance with the terms and conditions of local project certification. The TIFB shall require corrective action to remedy any identified area of non-compliance, and shall initiate revocation when it determines that there has been failure by the "Certified Project" to make a reasonable effort to remedy the deficiency.
Tax Increment Financing Parcels
Subject only to the approval of the EACC, the TIFB shall establish Tax Increment Financing parcels on a project-by-project basis. The TIFB reserves the right to establish Tax Increment Financing Zones.
Exemptions from Property Tax
Each property tax exemption provided under this chapter shall become effective per the individual Tax Increment Financing Agreement negotiated. Under no circumstances shall the term of any specific exemption agreement exceed 20 years in duration. No exemption shall exceed the incremental increase in assessed valuation of the property that is associated with the approved "Certified Project."
Agreements to provide property tax incentives to "Certified Projects" shall be negotiated and executed in accordance with General Guidelines as most recently amended:
Reporting
Each "Certified Project" shall submit an annual report to the TIFB no later than June 30 of each calendar year. The TIFB shall thereupon review the status of each "Certified Project" to determine compliance with the terms and conditions included in each executed agreement and submit its annual report to the Town Planner, TIFB and EACC no later than July 31 of each calendar year.
Revocation
All executed agreements to provide Special Tax Assessment or Tax Increment Financing (including betterment, special assessment and/or exemption from property tax) shall be binding on each party and enforceable by the Town in accordance with General Laws Chapter 23A and Chapter 40, Section 59, as amended. Should the TIFB determine, after reasonable efforts to remedy an identified area of non-compliance, that a "Certified Project" has not met its obligation under the executed agreement, the TIFB with the approval of the Board of Selectmen may petition the EACC to revoke the certification in accordance with appropriate procedures. Upon final action by the EACC, the TIFB shall forward to the Board of Assessors a copy of the revocation of certification and all incentives pursuant thereto. (Submitted by the
Tax Increment Financing Board)
Approval by the Massachusetts Economic Assistance Coordinating Council
The agreements are negotiated by the TIFB and shall become effective upon approval by Town Meeting and the Massachusetts Economic Assistance Coordinating Council.
Severability
If a court of competent jurisdiction holds any provision of this bylaw invalid, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of this general bylaw.
ARTICLE 35. To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and CH Babb Company, Inc., substantially in the form as is on file with the Town Clerk (the “TIF Agreement”), pursuant to Massachusetts General Laws, Chapter 40, Section 59, as an Economic Opportunity Area (“Raynham Woods CH Babb Company, Inc., Economic Opportunity Area”) and to authorize the Board of Selectmen to submit an Economic Opportunity Area Application, Tax Increment Financing Plan, and Certified Project Application to the Massachusetts Economic Assistance Coordinating Council all relating to the project located on a portion of a parcel identified as Assessor’s Map 15, Lot 176-4H. Said Agreement shall be considered in return for locating said business in Town and a
subsequent increase in the assessed value of the property based on improvements to said property. To take such other actions as may be necessary to obtain approval of the Certified Project Application, the Economic Opportunity Area, the Tax Increment Financing Plan, and TIF Zone and to implement the TIF Agreement; or take any action relative thereto. (Submitted by the Tax Increment Financing Board)
ARTICLE 36. To see if the Town will vote to approve the Tax Increment Financing Agreement between the Town and M.T. Lot, LLC and Mastria Nissan of Raynham, substantially in the form as is on file with the Town Clerk (the “TIF Agreement”), pursuant to Massachusetts General Laws, Chapter 40, Section 59, as an Economic Opportunity Area (“M.T. Lot, LLC and Mastria Nissan of Raynham, Economic Opportunity Area”) and to authorize the Board of Selectmen to submit an Economic Opportunity Area Application, Tax Increment Financing Plan, and Certified Project Application to the Massachusetts Economic Assistance Coordinating Council all relating to the project located on a portion of a parcel identified as Assessor’s Map 15, Lot 176-2B. Said Agreement shall be considered in return for locating
said business in Town and a subsequent increase in the assessed value of the property based on improvements to said property. To take such other actions as may be necessary to obtain approval of the Certified Project Application, the Economic Opportunity Area, the Tax Increment Financing Plan, and TIF Zone and to implement the TIF Agreement; or take any action relative thereto. (Submitted by the Tax Increment Financing Board)
ARTICLE 37. To see if the Town will vote to amend the Town’s General By-laws by deleting Section 2/1 Animal Control By-law and substituting the following; or take any action relative thereto.~
2/1 ANIMAL CONTROL BYLAW
Article I
General Regulations and Restrictions
2/1.1 License and tags.
A. Any person residing in the Town of Raynham, who at the beginning of the license period (April 1 to March 31), or who during the 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 approval of the Board of Selectmen, the town may provide licensing to be conducted through the mail.
B. On the license form, the Town Clerk shall record the name, address, phone number and the date of birth of the owner or keeper of the dog, and the name, license number and description of each dog. Each tag shall include the license number, the name of the Town and the year of issue.
C. The owner or keeper shall cause each dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced or destroyed, substitute tags shall be obtained by the owner or keeper from the Town Clerk at the cost of $1. Such moneys shall be transmitted to the Town of Raynham’s General Fund in the same manner as license fees.
D. The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian’s certificate verifying that the dog is currently vaccinated against rabies.
E. Any exemption from the requirements of having to produce valid rabies certificate in order to obtain a dog license shall be granted if the owner or keeper presents a signed statement from a veterinarian, indicating that because of infirmity, other physical condition or regimen of therapy, inoculation is thereby deemed inadvisable.
F. The fee for each dog license shall be fifteen dollars ($15.) unless a certificate from a veterinarian stating that the dog has been spayed or neutered, or a statement from a veterinarian indicating that because of age, infirmity or other physical condition spaying or neutering is deemed inadvisable, is presented to the Clerk, in which case the fee shall be five dollars ($5.). No fee shall be charged for a dog specially trained to lead or serve a blind, deaf, or handicapped person upon presentation to the Town Clerk of a certificate of such training.
G. The Clerk shall collect a late fee of five dollars ($5.) for every dog license issued after the thirty-day period, as defined in 2/1.1A of this Article.
H. Any owner or keeper of a dog who moves into the Town of Raynham and has a valid dog license for his/her dog from another city or town in the Commonwealth shall within thirty (30) days obtain a dog license for a fee of one dollar ($1.) upon producing evidence of the previous license.
I. No license fee or part thereof shall be refunded because of subsequent death, loss, spaying, neutering, or removal from the Town of Raynham or any other disposal of said dog.
J. Any person who violates the provisions of section 2/1.1A-I, shall be subject to a written warning for the first offense, and for each subsequent offense shall be subject to payment of a fine of twenty-five dollars ($25.).
2/1.2 Vaccination of dogs and cats against rabies.
A. The owner or keeper of a dog or cat six (6) months of age or older housed or sheltered in the Town of Raynham shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine approved by the Massachusetts Department of Public Health. Unvaccinated dogs and cats acquired or moved into the Town of Raynham shall be vaccinated within thirty (30) days after the acquisition or arrival into Raynham or upon reaching the age of six (6) months, whichever last occurs. Such owner or keeper shall procure a veterinarian’s certification that such animal has been so vaccinated and setting forth the date of such vaccination and the duration of immunity, or a notarized letter from a veterinarian that a certification was
issued.
B. The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; provided however, the owner of a cat may choose not to affix a tag to his cat but shall have the tag available for inspection upon demand by the Animal Control Officers, Police Officers or other such authorized officials of the Town.
C. Vaccinated animals shall be revaccinated periodically in accordance with the rules and regulations adopted by and promulgated by the Massachusetts Department of Public Health.
D. Any person who violates the provisions of section 2/1.2 A-C, shall be subject to a written warning for the first offense, and for each subsequent offense shall be subject to payment of a fine of twenty-five dollars ($25.).
2/1.3 Limit on number of dogs and cats per residence.
A. No person shall keep more than six (6) cats being over the age of six (6) months, at any premises within the Town of Raynham. No person shall keep four (4) or more dogs being over the age of six (6) months at any premises within the Town of Raynham unless that person has a kennel license.
B. Any person who violates the provisions of section2/1.3A shall be subject to payment of a fine of twenty-five dollars ($25.) per animal in excess per day of violation.
2/1.4 Kennel licenses, inspection, and regulation.
A. Any Owner or Keeper of four (4) or more dogs, six (6) months of age or older, or of a premises maintained for the boarding or in-residence training of dogs, shall obtain a Kennel License.
B. Issuance of a Kennel License shall be contingent upon inspection and approval by the Animal Control Officer to ensure that basic standards of cleanliness and proper care and confinement of said dogs exist on the premises. The name and address of the owner of each dog kept in any kennel, if other than the person maintaining the kennel, and a veterinarian’s certificate verifying that each dog six (6) months of age or older is currently vaccinated against rabies, shall be kept on file thereat and available for inspection by the Animal Control Officer or any authorized persons.
C. Such license shall be in a form prescribed by the Town Clerk. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a kennel shall cause each dog kept therein to wear, while it is at large, a collar or harness of leather or other suitable material, to which shall be securely attached a tag upon which shall appear the number of such kennel license, the year of issue, and the inscription “Raynham”.
D. The Kennel License fee shall be seventy-five dollars ($75.). The Town Clerk shall, upon application, issue without charge a Kennel License to any domestic charitable corporation, incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse, and for the relief of suffering among animals. A veterinary hospital shall not be considered a kennel unless it contains an area for the selling or boarding of dogs for other than medical purposes, in which case it shall apply for a Kennel License. The license period for a kennel license shall be from January 1 to December 31, inclusive.
E. The Animal Control Officer, Animal Health Inspector, or any agent authorized by the Town may at any time during the hours of 8 a.m. to 6:00 p.m. inspect any kennel or premises for which a Kennel License has been issued.
F. If the Animal Control Officer, Animal Health Inspector, or other authorized agent, after inspection, determines that the kennel or premises that are the subject of a kennel license are not kept in a sanitary or humane condition, or if records are not kept as required by law, the Selectmen may, by order after hearing, revoke or suspend such license. If a license has been revoked or suspended, the license may be reinstated after inspection and in accordance with the procedure set forth below in 4G.
G. Upon written petition of the Animal Control Officer, or of five (5) Raynham residents, filed with the Selectmen, setting forth that they are aggrieved or annoyed to an unreasonable extent by one or more dogs at the kennel because of excessive barking or vicious disposition of said dogs, or other conditions connected with such kennel constituting a public nuisance, said Selectmen, within seven (7) days after the filing of such a petition, shall give notice to the owner or keeper of the kennel, the petitioner(s), and any other person the Selectmen determine should be given notice, of a public hearing to be held within fourteen (14) days after the date of such notice. Said notice shall also be posted on a Town bulletin board.
H. Within seven (7) days after such public hearing, said Selectmen shall make an order either revoking or suspending such kennel license, or otherwise regulating said kennel or premises, or dismissing said petition.
I. The holder of such license or other person who is the subject of an order under 4H may petition the district court for relief in accordance with G.L. c. 140 § 137C.
J. Any person maintaining a kennel after the license has been so revoked, or while such license is so suspended, may be punished by a fine of fifty dollars ($50.) for each day in violation of said revocation or suspension.
2/1.5 Violations and penalties.
Any person who violates the provisions of section 2/1.4 A-I, shall be subject to a written warning for the first offense, and for each subsequent offense shall be subject to payment of a fine of twenty-five dollars ($25.).
Article II
Restraint and Control
2/1.6 Leashing and restraining.
A. Any person owning, keeping, or being responsible for a dog shall not allow nor permit said dog to run at large on any of the streets or public places in the Town of Raynham or upon any private property, unless the owner or lawful occupant of such property grants permission therefore.
B. No dog shall be allowed or permitted in any public place or street within the Town unless it is effectively restrained and controlled by a chain or other form of leash that is sufficient to hold the dog, or unless it is under the immediate and effective voice control of a handler, or unless it is within and confined to a motor vehicle.
2/1.7 Barking dogs.
No person owning, keeping, or otherwise responsible for a dog shall allow or permit said dog to annoy another person’s reasonable right to peace or privacy by making loud or continuous noise, where such noise is plainly audible at a distance of one hundred fifty (150) feet from the building, premises, vehicle, or conveyance housing said dog, or such noise is continuous in excess of twenty (20) minutes. The fact that such noise is plainly audible at said distance or continuous in excess of twenty (20) minutes shall be prima facie evidence of a violation.
2/1.8 Violations and penalties.
Any person who violates the provisions of Article II shall be subject to a written warning for the first offense, and shall be subject to payment of the following fines: thirty dollars ($30.) for the second offense, fifty dollars ($50.) for the third offense, and one hundred dollars ($100.) for the fourth and subsequent offenses.
Article III
Emergency Treatment or Disposal
2.1.9 Payment to veterinarians.
Any veterinarian registered under the provisions of Section 55 or 56A of Chapter 112 of the Massachusetts General Laws who renders emergency care or treatment to, or disposes of, a dog or cat that is injured in any way within the Town of Raynham, and brought to a veterinarian by the Animal Control Officer or Police personnel, shall receive payment from the owner of such dog or cat, if known, or if not known, from the Town in an amount not to exceed one hundred dollars ($100.) for such care, treatment or disposal; provided, however, such emergency care, treatment, or disposal shall be for the purpose of maintaining life, stabilizing the animal, or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of 24 hours, whichever is sooner. Any veterinarian who renders such
emergency care or treatment to, or disposes of, such a dog or cat shall notify the Animal Control Officer and upon notification, said Animal Control Officer shall assume control of such dog or cat.
Article IV
Enforcement
2/1.10 Impoundment; record of impoundment; reclamation.
A. It shall be the duty of the Animal Control Officer, and any assistant Animal Control Officer appointed by the Board of Selectmen, to apprehend any dog found running at large and to impound such dog in the Town Kennel or other boarding facility.
B. The Animal Control Officer or other impounding officer shall keep a register and make a complete record of each impounding. The record shall contain the following information:
(1) The breed, color, and sex of each dog.
(2) Whether or not the dog is licensed.
(3) The license number, if any.
(4) The date and place of apprehension.
(5) The location where the dog is being kept.
(6) The name and address of the owner, if known.
C. The owner of an impounded dog, when known, shall be notified verbally or in writing of such impoundment, or, if the owner is unknown, written notice shall be posted with the Police Department and on the Town’s web site. Notice shall contain a description of the dog, date and place of apprehension, and location where the dog is being kept.
D. The owner, keeper, or responsible person may reclaim the dog so impounded upon payment of the license fee, if unpaid, and the payment of impoundment and board at the pound, and the costs relevant to such impoundment.
Article V
Dog Waste Removal
2/1.11 Removal of dog waste from public property or property of others.
No person owning or having the care, custody, or control of any dog shall permit such dog to soil or defile or commit any nuisance upon any sidewalk, street, thoroughfare, beach, or wetland, in or upon any public property or in or upon the property of persons other than the owner or persons having the care, custody, or control of such dog, unless said person picks up any such waste and disposes of same in a sanitary manner.
2/1.12 Violations and penalties
Any person found in violation of Article V by the Animal Control Officer or Assistant Animal Control Officer shall be subject to payment of a fine of $15 for each offense.
Article VI
Adequate Shelter
2/1.13 Failure to provide adequate shelter.
Any person owning, keeping, or otherwise responsible for a Companion Animal or Pet or Farm Animal or Livestock who confines that animal by tethering, fencing, or other means, shall provide for that animal access to adequate shelter from the elements of weather such as rain, cold, or sun. Potable water must be available to the animal at all times.
2/1.14 Violations and penalties.
Any person who violates the provisions of Article VI shall be subject to a written warning for the first offense, and for each subsequent offense shall be subject to payment of a fine of fifty dollars ($50.) for each day in violation of said bylaw. .
Article VII
Definitions
2/1.15 Definitions.
For the purposes of Chapter 79, the following terms shall have the following definitions:
ADEQUATE SHELTER – means a structure that is large enough for the animal, whether it be livestock or pet, to stand naturally, turn around and lie down inside of the structure without being exposed to the elements of weather. The roof and walls of the structure are waterproof and windproof. Bedding must be kept dry and changed regularly to preserve insulating qualities. Insulation and an inner wall must be included in shelter for dogs with short fur (example: Pointers, Staffordshire Terriers, Boxers, Labrador Retrievers) to provide adequate protection from cold. During cold weather a moveable flap must be placed over the entrance to a dog shelter to preserve the dog’s body heat. Adequate shelter from sun may be provided by a tarp placed in a manner to provide deep
shade and allow air to pass through for ventilation.
COMPANION ANIMAL or PET – means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or keeper who cares for such other domesticated animal. “Pet” or “companion animal” shall not include a “farm animal” as defined in this section.
FARM ANIMAL or LIVESTOCK – means any poultry, ungulate, species of cattle, sheep, swine, goats, llamas, equine, or other fur-bearing animal, which are raised for commercial or subsistence purposes.
KENNEL – means one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes, and including any shop where dogs are on sale, and also including every pack or collection of four or more dogs six (6) months of age or older, owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.
KENNEL, COMMERCIAL – means any premises maintained for the boarding or in-residence training of dogs, or where four (4) or more dogs six (6) months of age or older are kept.
OWNER or KEEPER – means any person possessing, harboring, keeping, having an interest in, or having control or custody of a dog. If the animal is owned by a person under the age of eighteen (18), that person’s custodial parents or legal guardian shall be responsible for complying with all requirements of this bylaw.
ARTICLE 38. To see if the town will vote to amend the Raynham Zoning Bylaws Section 3.2 Zoning Map by deleting the following strikethrough language and inserting the following new language in bold print.
The boundaries of the various districts are shown on a map entitled “Zoning Map of the Town of Raynham, Massachusetts” “Town of Raynham Zoning Map” the format of the map is a Geographic Information System Map at a scale of 1 inch = 4300 feet dates d June 7, 2004 on file at the office of the Town Clerk. Said map and all explanatory matter thereon are hereby made a part of this By-Law. From time to time changes to district boundaries shall be shown as amendments to this map or shown on such other maps as may be incorporated as part of this zoning By-Law; or take any action relative thereto.
ARTICLE 39. To see if the town will vote to amend the Raynham Zoning Bylaws Section 11.4.2 by deleting the following strikethrough language and inserting the following new language in bold print.
11.4.2 The boundaries of the Water Resource Protection Overlay District
Zones are delineated on a zoning map at a scale of 1 inch = 26,400 feet Geographic Information System Map at a scale of 1 inch = 7231 feet. This map, as it may be amended from time to time, is entitled, “Town of Raynham Zoning Map” Town of Raynham Water Resource Protection Overlay District” and is dated March 15, 1990. This map is on file in the office of the Town Clerk and is hereby made a part of this bylaw. These boundaries reflect the best hydrogeologic information available as of the date of the maps. Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. At the request of the owner(s),
the town may engage a professional geologist; hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation; or take any relative thereto.
ARTICLE 40. To see if the town will vote to amend the Raynham Zoning Bylaws Section 5.1 (f) Minimum Requirements by deleting the following strikethrough language and inserting the following new language in bold print.
The portion of any lot within a wetland area as defined by the Massachusetts Wetland Protection Act may be used to meet area and yard requirement(s) in which the remainder of the lot is situated provided that portion does not exceed 20% of the minimum required lot area, and the minimum required lot area shall be contiguous dry land. (added A.T.M. 5/15/89). Said criteria are not applicable to lots located within a Farm & Forest District. In a Farm & Forest District the minimum lot size shall be 24,000 32,000 square feet of contiguous dry land if Town water is supplied to the lot and 48,000 square feet of contiguous dry land if Town water is not supplied to the lot; or take any action relative thereto.
ARTICLE 41. To see if the town will vote to amend the Raynham Zoning Bylaws Section 11.2 by adding the following new language below after the definition for Impervious Surface and before the definition for Outdoor Storage.
LOT COVERAGE: The percentage of any lot covered by impervious areas shall not include wetland resource areas, as defined by the Massachusetts Wetlands Protection Act; or take any action relative thereto.
ARTICLE 42. To see if the Town will vote to amend the Town of Raynham zoning map, Section 3.2, by changing the area depicted below from Industrial, Business and Residential “A” District to an Office Development District; or take any action relative thereto.
ARTICLE 43. To see if the Town will vote to amend the Town of Raynham zoning map, Section 3.2, by changing the area depicted below from a Business District to an Office Development District; or take any action relative thereto.
ARTICLE 44. To see if the Town will vote to amend the Town of Raynham zoning map, Section 3.2, by changing the area depicted below from a Farm and Forest District to a Residential A District; or take any action relative thereto.
ARTICLE 45. To see if the Town will vote to accept a General By-law as follows; or take any action relative thereto.
Shall the Town of Raynham require a Carbon Monoxide Detector in good working order on each floor of any newly constructed residential dwelling prior to issuing a Certificate of Occupancy and of any existing residential dwelling at the time of a change of ownership?
(Submitted by Citizen’s Petition)
ARTICLE 46. To see if the Town will vote to amend the Town of Raynham General By-Laws Section 2/33, Snow and Ice Removal, by adding the following language at the end of said article, or take any action relative thereto: The Town will however, reimburse a resident up to $25.00 in the event that the resident’s mailbox is damaged or destroyed during the Town’s snow removal operations. (Submitted by Citizen’s Petition)
Note: The present By-Law reads: The town is not responsible for damage incurred to mailboxes, fences, trees, shrubs and/or other obstructions located within the Town layout, resulting from snow removal.
ARTICLE 47. To see if the Town will vote to raise and appropriate or transfer the sum of $5,000.00 to the Fire Department salaries account for Firefighter EMT/P for the Fire Department; or take any action relative thereto. (Submitted by the Fire Department)
Note: This would be for a new day position within the Fire Department that would be a Fire Inspector position. This is money needed in addition to what already exists when a firefighter out on Line of Duty Injury retires.
And you are directed to serve this Warrant, by posting up attested copies thereof at the seven (7) places directed by vote of the Town, in said Town, seven (7) days before the time of holding said meeting.
HEREOF FAIL NOT, and make due return of this Warrant, with your doings thereon to the Town Clerk, at the time and place of meeting, as aforesaid.
Given under our hands this 12th day of April in the year of our Lord two thousand and five.
________________________________
RAYMOND W. PLATT
________________________________
JOHN M. DONAHUE
________________________________
DONALD L. McKINNON
SELECTMEN OF RAYNHAM
A true copy. Attest:
________________________
Peter King, Constable
April 12, 2005
Bristol, ss
PURSUANT TO THE WITHIN WARRANT, I have notified and warned the inhabitants of the Town of Raynham by posting up attested copies of the same at seven (7) places directed by vote of the Town, seven days before the date of the meeting, as within directed.
_________________________________
Peter King
Constable of Raynham
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