2/1 ANIMAL CONTROL BYLAW
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 twenty-five 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.).
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.
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.
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:
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.
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.
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. .
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.