[HISTORY: Adopted by the Town Meeting of the Town of Wrentham 9-26-1994 STM by Art. 25, as amended 6-10-2013 ATM by Art. 25 (Art. 5.20 of
the 2013 Bylaws). Subsequent amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings
indicated:
Every non-human species of animal, both domestic and wild,
living or deceased.
Any officer appointed by the Town Administrator to enforce
this bylaw.
[Amended 6-8-2015 ATM
by Art. 33]
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 under complete control of a person of adequate age
and discretion to control its actions as adequately as a dog that
is on a leash or lead.
Any dog that is not in the care and control of its owner
or keeper, or that is otherwise able to move at will without restraint
or control as to property lines or areas.
A dog shall be considered in care and control while it is
on the premises of its owner or keeper; or while the dog is on the
premises of another person with the knowledge and permission of the
owner or occupant of such premises; or while the dog is on any public
way, or any private way to which the public has access, if it is at
heel or on a leash or lead. Such leash or lead shall be suitable to
prevent the dog from being at large, or to prevent the dog from becoming
a public nuisance.
A dog that either:
Any animal of the canine genus.
Any person, corporation or society, other than the owner
having possession of a dog.
A 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 more than four dogs three months old or
over, owned or kept by a person on a single premises, irrespective
of the purpose for which they are maintained.
[Amended 11-10-2014 STM
by Art. 12]
The time between January 1 of any year and December 31 of
the same year, both dates inclusive.
Any person, partnership, or corporation in whom is vested
the ownership, dominion, or title of one or more animals.
Includes, but is not limited to, any dog that:
Is in violation of § 260-4; or
Damages the property of anyone other than its owner or keeper,
including, without limitation, by depositing fecal matter on such
property unless the owner or keeper of such dog shall immediately
remove and dispose of such fecal matter; or molests or intimidates
pedestrians or passersby; or
Has bitten, attacked or harassed other domestic animals, including
livestock or fowl; or
By reason of habitual or frequent howling, barking, whining,
or other utterances disturbs the peace and quiet of any person of
ordinary sensibilities who is a neighbor or in close proximity to
the premises where the dog is kept or harbored, or by excessive barking
or other disturbance is a source of annoyance to a sick person residing
in the vicinity; or
Is a dangerous dog; or
Has been found by the Select Board, after notice to its owner
or keeper and public hearing, to be public nuisance by virtue of being
a menace to public health, safety, or welfare.
[Amended 11-21-2022 STM by Art. 2]
A physical structure adequate to prevent an animal from escaping
its boundaries and preventing others from entering the space inside
it. An "electric fence" (i.e., a system that operates to restrain
a dog by administering an electric shock through a collar attachment
when the dog crosses the perimeter) shall not be deemed a secure enclosure.
[Amended 6-4-2018 ATM
by Art. 14]
A.
The Town Clerk shall issue dog licenses and tags. Subject to the
authorization of the Select Board, the Town may permit the licensing
to be conducted through the mail. 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, date of birth 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 Wrentham," and the year of
issue.
[Amended 11-21-2022 STM by Art. 2]
B.
The Select Board shall fix reasonable fees for dog licenses and tags.
The license fee for a spayed or neutered dog shall be less than the
license fee for an intact dog. The fee for each dog license may be
periodically adjusted by the Town Clerk for the following year's license
period prior to October 1 of any year. In addition to his/her regular
salary, the Town Clerk shall retain $1.50 from the license fee for
each license issued.
[Amended 11-21-2022 STM by Art. 2]
C.
No license fee or portion thereof shall be refunded because of the
subsequent death, loss, spaying or removal from the commonwealth 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 over to
the Town.
D.
A person residing in the Town of Wrentham, who becomes the owner
or keeper of a dog six months old or over, shall cause the dog to
be vaccinated for rabies and licensed with 60 days. 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 the cost
of the tag as designated by the Select Board. Any owner or keeper
of a dog who moves into the Town of Wrentham, 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
payment of a fee to be set by the Select Board.
[Amended 11-21-2022 STM by Art. 2]
E.
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.
F.
Upon presentation to the Clerk of a certificate of training, no fee
shall be charged for a dog specially trained to lead or serve a visually
or hearing impaired person.
G.
The provisions of this section shall not apply to any pet shop licensed
by the commonwealth under the authority of MGL c. 129, § 39A.
H.
Whoever violates the provisions of this section, or fails to license their dog before the last day in February of the licensing period, shall be subject to a fine in the amount specified in Chapter 283, Fees, Fines and Charges, § 283-2. An owner who does not register their dog by May 1 of the licensing period shall be charged an additional collection fee in the amount specified in Chapter 283, § 283-3.
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 as is required under MGL c. 140, § 145B.
Upon vaccination, the veterinarian shall issue a tag, which the owner
shall secure to a collar or harness. The tag shall show the year the
vaccination was given, the rabies tag number, and the name of the
veterinary clinic or hospital.
A.
The owner or keeper of a dog shall maintain said dog in care and
control. The owner or keeper of a dog shall not allow or permit said
dog to run at large in any of the streets or public ways or places
within the confines of the Town of Wrentham, or upon the premises
of anyone other than the owner or keeper unless the owner or occupant
of such premises expressly grants permission. The owner or keeper
of a dog shall not allow or permit such dog, even though at heel or
secured by a suitable leash or lead, on private property unless the
owner or occupant of such private property grants permission. The
owner or keeper of a dog shall not allow or permit said dog to become
a public nuisance in the Town of Wrentham. Nothing in this subsection
shall be construed to restrict the use of dogs for lawful hunting
or the use of certified dogs to assist the visually or hearing impaired.
B.
The owner or keeper of a vicious dog shall keep it confined in a
secure enclosure or on a leash or lead accompanied by its owner or
keeper.
C.
No person owning or keeping a dog shall chain or tether a dog to
a stationary object, including, but not limited to, a structure, dog
house, pole or tree, for longer than 24 consecutive hours.
D.
Stray dogs will be impounded. If the owner is known, notice shall
be given to such owner. Strays will be detained by the Animal Control
Officer for seven days.
E.
The owner or keeper of a dangerous dog shall keep it confined in
a secure enclosure, or on a leash or lead and accompanied by its owner
or keeper.
F.
No person over the age of 17 who has actual knowledge that a dog
has been deemed dangerous shall permit a child under the age of 17
to own, possess or have the care or custody of such dog.
A.
The Animal Control Officer, any police officer of the Town of Wrentham, or any other person so appointed by the Town Administrator may assess fines upon the owner or keeper of any dog found to be a public nuisance, or found to be in violation of § 260-4, in the amount specified in Chapter 283, Fees, Fines and Charges, § 283-2.
[Amended 6-9-2015 ATM
by Art. 33 and 34]
B.
All fines and penalties under this bylaw shall be assessed in the
manner provided in MGL c. 40, § 21D.
C.
The provisions of MGL c. 140, § 157, concerning complaints
as to dogs, shall be followed as if said section was fully set forth
herein.
D.
After the assessment of three fines on any dog, any person or persons
offended by such dog may make a complaint in writing to the Select
Board. The Select Board shall investigate or cause to be investigated
such complaint under the provisions of MGL c. 140, § 157,
and may, after a public hearing, make any order as it deems necessary,
including the removal, restraint, or euthanasia (destruction) of such
dog.
[Amended 11-21-2022 STM by Art. 2]
A.
The provisions of MGL c. 140, § 151A shall be followed
as if said section was fully set forth herein.
B.
Additionally, the Animal Control Officer or any other person appointed
by the Town Administrator may apprehend any dog that is found at large,
and impound such animal at an authorized animal shelter, such animal
to be held, adopted, or euthanized as described in MGL c. 140, § 151A.
[Amended 6-8-2015 ATM
by Art. 33]
C.
The officer who impounds any dog shall comply with the provisions
of MGL c. 140, § 151A.
D.
The officer having custody of a confined dog shall be allowed a service
fee for each day such dog is impounded, payable by the owner or keeper
of such dog, if known. The service fee is to be set by the Animal
Control Officer, subject to the approval of the Select Board.
[Amended 11-21-2022 STM by Art. 2]
E.
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 Wrentham 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 Wrentham for the boarding and care of such animal in any
commercial kennel or animal hospital.
F.
The owner or keeper of a dog so impounded may claim the dog as provided
by law, upon the following:
(1)
The owner or keeper pays all fines, boarding and other fees;
(2)
The owner or keeper gives his/her name, address, and date of birth;
and
(3)
The owner or keeper presents a valid dog license and certificate
of rabies vaccination. 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.
[Amended 6-9-2015 ATM
by Art. 34]
A.
A person maintaining a kennel shall obtain a kennel license upon
written application to the Town Clerk. The Select Board shall fix
reasonable fees for kennel licenses. The fee for a kennel license
may be periodically adjusted by the Select Board. Each kennel shall
be available for inspection by the Animal Control Officer, a police
officer, or the Wrentham Board of Health at any time, to ascertain
compliance with all state and local laws and bylaws.
[Amended 11-21-2022 STM by Art. 2]
B.
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.
C.
A veterinary clinic within the Town of Wrentham 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 purposes.
D.
Any person or corporation maintaining a kennel for 30 days without
the proper license shall be in violation of this provision.
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 Wrentham
shall receive payment of reasonable costs from the owner of such dog
or cat, if known, or if not known, shall receive a fair and reasonable
sum, not to exceed $50 without approval of the Select Board, from
the Town of Wrentham for such care, treatment and/or disposal.
[Amended 11-21-2022 STM by Art. 2]
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. 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 Wrentham, and upon notification,
the Animal Control Officer shall assume control of such dog or cat.
All references to the Massachusetts General Laws in this bylaw
are those in effect as of August 31, 2012. Any amendment to the statutes
incorporated by reference into this bylaw shall not apply, unless
its application is mandatory.
(Reserved)
