A.
The license period is April 1 to March 31 in any year. Any person
residing in the City of Fitchburg who becomes the owner or keeper
of a dog six months old or over shall, within 30 days of becoming
the owner or keeper, obtain a license for the dog from the City Clerk.
The City Clerk shall issue dog licenses and license tags in a form
prescribed and furnished by the City. The owner or keeper must renew
the license and tag each year by filing an application for renewal
on or before March 31 in any year.
B.
On the license form, the City 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 license
tag shall include the license number, the name of the City and the
year of issue.
C.
The owner or keeper must put the license tag on each dog around its
neck or body on a collar or harness to which he or she shall securely
attach the license tags. If a tag is lost, defaced or destroyed, the
owner or keeper must get a new substitute tag from the City Clerk
at a fee established by the Clerk. This money shall be deposited in
the City's General Fund.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
The City Clerk shall not issue a license for any dog unless the owner
or keeper provides the City Clerk with a veterinarian's certificate
certifying that the dog is currently vaccinated against rabies. The
Clerk may waive this requirement only if the applicant presents a
signed statement from a veterinarian licensed in Massachusetts that
because of the dog's medical condition or treatment, inoculation
for rabies is medically contraindicated in his or her professional
judgment.
[Amended 6-3-2014 by Ord.
No. 100-2014]
E.
The City Clerk will set the fee for each dog license, which may vary
depending on whether the dog is spayed or neutered. The Clerk will
make this determination based only on a document from a Massachusetts
licensed veterinarian certifying that the dog has been spayed or neutered.
The Clerk may accept a written veterinarian's statement certifying
that because of age, infirmity or other physical condition, spaying
or neutering is medically not necessary. The Clerk will not charge
a fee for any dog used as a service animal specially trained to serve
a handicapped person upon presentation of a certificate showing that
the dog is so trained and reasonable evidence that the dog is actually
used as a service animal.
F.
Any owner or keeper of a dog who moves into the City with the dog
must obtain a dog license from the City of Fitchburg. If, at the time
the person applies to the Clerk, the dog is validly licensed by the
authorities of another municipality, the Clerk will issue a license
in Fitchburg for the remainder of the license year for a reduced fee
of $2 but only if the applicant produces evidence, satisfactory to
the Clerk, that the dog had a license from the local government of
its former residence. Otherwise, the regular license fee requirements
and fees apply.
G.
The Clerk cannot, during any license year, refund any fees or portions
thereof because of the death or loss of the animal or because the
owner had the animal spayed, neutered, or removed from the City.
A.
The owner or keeper of a dog or cat six months of age or older kept,
housed, brought into or sheltered in the City, must have the animal
vaccinated against rabies by a licensed veterinarian using a licensed
vaccine approved by the Massachusetts Department of Public Health.
The owner or keeper must have the dog vaccinated within 30 days after
the animal is acquired or arrives in the City or upon reaching the
age of six months, whichever last occurs. The owner or keeper must
get a veterinarian's certification demonstrating that it was
vaccinated as required and stating the date of the vaccination and
the duration of immunity.
B.
The veterinarian shall issue a tag with each certificate of vaccination.
The owner or keeper must secure the tag on a collar or harness made
of suitable material to be worn by the dog or cat; provided, however,
that the owner of a cat may choose not to put a tag on his or her
cat but then must have the tag available for inspection on demand
by the Animal Control Officer, police officer or another authorized
official of the City.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
The owner or keeper must revaccinate the animal periodically in accordance
with the law and requirements of the Massachusetts Department of Public
Health.
No household shall keep four or more dogs, over the age of six
months, at any place within the City without having gotten a kennel
license issued by the City Clerk. Households which exceed this limit
on the effective date of this chapter, may keep animals in excess
of these limits for a period of one year from the effective date of
this chapter. Nothing in this section, or in this chapter, diminishes
the authority of the Board of Health or its employees to order a reduction
in number or complete removal of any animals if, in the their opinion,
the owners, keepers or household are keeping animals in an unsanitary
condition or in violation of this chapter, the maintenance or keeping
of the animals creates or may create a nuisance, or threatens or injures
the health, safety or well-being of the members of the household,
members of the public or public officials acting in the course of
their official conduct.
A.
An owner or keeper of four to nine dogs, six months of age or older,
at a residential premises, must obtain a residential kennel license.
An owner or keeper of 10 or more dogs, six months of age or older,
or the owner/keeper of a place for the boarding or training of dogs,
must obtain a Commercial Kennel License. The Clerk shall not issue
any kennel license unless the owner or keeper provides the Clerk with
a veterinarian's certificate certifying that each dog in the
kennel is currently vaccinated against rabies as required by law.
The Clerk may waive this requirement only if the applicant presents
a signed statement from a veterinarian licensed in Massachusetts that,
because of a particular dog's medical condition or treatment,
inoculation for rabies is medically contraindicated and that, in his
or her professional judgment, the dog presents no threat of harm or
sickness to the other dogs at the kennel.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
The Clerk shall not issue any kennel license unless the applicant
provides adequate shelter for the animals as determined by the Animal
Control Officer's written inspection report and approval to ensure
that basic standards of cleanliness and proper care and confinement
exist on the premises. The Clerk, in his or her discretion, may also
ask for reports from and rely on the findings of other City officials
such as the Building Commissioner or the Board of Health in making
the determination whether to issue a kennel license. The applicant
must keep at the kennel and available for inspection by the Animal
Control Officer or a police officer the names and addresses 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 is currently vaccinated against rabies as required by law. These
records must accompany any application for any kennel license.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
The licenses shall be in a form prescribed by the Clerk. While a
dog is maintained or kept at a kennel, it does not require any license
other than a kennel license. The holder of a kennel license must have
each dog kept at the kennel wear a collar or harness of suitable material
with a securely attached license tag upon which shall appear the number
of such kennel license, the year of issue, and the inscription "Fitchburg."
D.
The residential and commercial kennel license fee shall be set by
the Clerk. The Clerk shall not charge a fee for a commercial kennel
license to any charitable corporation incorporated exclusively for
the purpose of protecting animals from cruelty, neglect or abuse,
and for the relief of suffering among animals. The license period
for a kennel license shall be from April 1 to March 31, inclusive.
E.
The Animal Control Officer, Animal Health Inspector, or a police
officer may at any time during the hours of 8:00 a.m. to 6:00 p.m.
inspect any kennel or premises for which a residential or commercial
kennel license has been issued.
F.
If the Animal Control Officer, Animal Health Inspector, or a police officer, an employee of the Board of Health or five Fitchburg residents determine that the kennel is not kept in a sanitary or humane condition, does not provide adequate shelter or if records are not kept as required by law, any one of them may ask the Clerk to terminate or suspend a kennel license. The Clerk may terminate or suspend a kennel license if the Clerk finds that: the licensee's conduct relating to the kennel falls below reasonable standards of care for animals because of conduct of the owner or the manner in which dogs are kept; conditions at or affecting the kennel violate the standards of this chapter or other applicable law; the animals are disturbed or disturbing because of excessive barking or disturbing animal sounds or vicious disposition of one or more animals or other behaviors of the animals; conditions on or at the premises constitute a public nuisance. If a license has been revoked or suspended for noncompliance with provisions of this chapter which do not directly threaten injury to the public health or safety or the well-being of the animals, the license may be reinstated after inspection. Any party aggrieved by the Clerk's decision may appeal to the City Council in accordance with the procedures in § 84-10G of this chapter.
G.
A party described in Subsection H, aggrieved by the determination of the Clerk, may appeal to the City Council by filing a petition with the Clerk. The Council will conduct a hearing to determine whether the Clerk's decision is correct and whether it will be affirmed, reversed or affirmed in part and reversed in part and whether the license will be revoked or suspended or otherwise conditioned. Within seven days after the filing of such a petition, the Clerk will give notice of a public Council hearing to be held within 14 days after the date of such notice. The Clerk will mail the notice to the owner of record of the premises, the owner or keeper of the kennel, the licensee, the petitioner(s), abutters, as determined from records of the Assessors' office, and any other interested person. The Clerk will also post notice of the hearing on a City bulletin board. The aggrieved party, unless the party is a City employee, shall bear the costs of the appeal and pay a fee for the costs in the amount of $25 to the Clerk as a condition of filing the appeal.
H.
Within seven days after such public hearing, said Councillors shall
make an order either revoking or suspending such kennel license, or
otherwise regulating the kennel or premises, or dismissing said petition.
I.
The holder of such license or other aggrieved person may petition
the appropriate court for review in accordance with applicable law.
J.
A person who keeps or maintains a residential or commercial kennel
after the license has been revoked or suspended by decision of the
Council, shall be punished by a fine of $100 for each day in violation
of said revocation or suspension. In addition to any other legal remedies
that may be available, the Animal Control Officer, or other designated
enforcing person, may enforce these penalties through the City's
noncriminal disposition procedure established by MGL c. 40, § 21D.
This chapter is enacted for the protection of the public health and
safety. Any violation of the provisions of part of this chapter shall
be deemed to constitute a public nuisance.
