No person shall keep more than three dogs, said dogs being over
the age of six months, at any single-family residence within the Town
of Barnstable, unless a Kennel license or Multiple Dog license has
been first obtained. Penalty for violation of this section shall be
$25 per dog in excess per day of violation.
The Town Manager, or their authorized agent, may at any time
inspect or cause to be inspected any Kennel or part of a premises
where dogs or records are kept and if, in their judgment, it is not
being maintained in a sanitary and humane manner, or if records are
not properly kept as required by law, the Town Manager may by order
revoke or suspend, and in the case of suspension may reinstate, such
license. Upon written petition of 25 residents, filed with the Town
Manager, setting forth that they are aggrieved, or annoyed to any
unreasonable extent, by one or more dogs, because of excessive barking
or vicious disposition of said dogs or other conditions connected
with such Kennel or part of a premises where dogs are kept constituting
a public nuisance, the Town Manager, or their authorized agent, within
seven days after the filing of such petition, shall give notice to
all parties in interest of a public hearing to be held within 14 days
after the date of such notice. Within seven days after such public
hearing the Town Manager shall make an order either revoking or suspending
such Kennel license or Multiple Dog license, or otherwise regulating
said Kennel or premises or dismissing said petition. The holder of
such license may petition the District Court for relief in accordance
with MGL c. 140, § 137C. Any person maintaining a Kennel
or part of a premises where dogs are kept after the license therefore
has been so revoked, or while such license is so suspended, may be
punished by a fine of $50 for each day in violation of said revocation
or suspension.
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. Anyone having custody or control of a dog in a
public place shall have in his or her possession a device or equipment
to pick up and remove dog feces. This section shall not apply to physically
handicapped persons in sole custody or control of said dog. The penalty
for violation of the section shall be $20 per offense.
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 and continuous noise, where
such noise is plainly audible at a distance of 150 feet from the building,
premises, vehicle or conveyance housing said dog, and such noise is
continuous in excess of 10 minutes. The fact that such noise is plainly
audible at said distance or continuous in excess of 10 minutes shall
be prima facie evidence of a violation. If upon complaint, and observation
by authorities, the Animal Control Officer, Natural Resource Officer
or a police officer determines a barking nuisance under this regulation,
the penalty for violation of this section shall be $25 for the first
offense and $50 for the second offense and each subsequent offense.
It shall be the policy of the Town of Barnstable to attempt
to make available for adoption those impounded dogs which have gone
unclaimed and are deemed healthy and suitable for pets. The Kennel
holding a contract with the Town of Barnstable for impound services
may offer said adoption service in accordance with MGL c. 140, § 139A,
acting in the capacity of a "shelter" as defined in MGL c. 140, § 136A.
Alternatively, the Town may place unclaimed dogs, suitable for adoption,
with the Animal Rescue League of Boston, Brewster facility, the MSPCA
or other breed-specific or charitable rescue organization. The Town
of Barnstable will not assume financial responsibility for the upkeep
and boarding of said dogs beyond the initial required seven-day holding
period.
If any person shall make a complaint in writing to the Town
Manager that a dog owned or kept in the Town of Barnstable is a nuisance
by reason of excessive barking or other disturbance or may have a
dangerous disposition, the Town Manager shall cause to be investigated
such complaint, including an examination on oath of the complainant,
and may make such order concerning the restraint or disposal of such
dog as may be deemed necessary. Within 10 days after such order the
owner or keeper of such dog may petition for relief of said order
in accordance with the provisions of MGL c. 140, § 157.
Any person owning or keeping a dog subject to any order of the Town
Manager, who shall fail to comply with said order of the Town Manager,
shall be punished by a fine of $200 for each offense. The owner/keeper
of any dog subject to an order of the Town Manager shall be responsible
for any and all costs of carrying out said order.
A violation of any provision of these regulations shall, except
as otherwise stated herein, be punishable by a fine of $100 for the
first violation, $200 for the second violation, and $300 for the third
violation and each subsequent violation. Each day of each violation
shall constitute a separate violation. The provisions of these regulations
may be enforced by Animal Control Officers, Natural Resource Officer
and Police Offers utilizing the procedures contained in MGL c. 40,
§ 21D, the non-criminal disposition statute.