[Adopted as § 20.11 and Art. 28 of the 1981 Bylaws;
amended in its entirety 5-5-2014 ATM, approved 9-21-2014]
A.
Licensing of dogs and cats. No person shall own or keep a dog or cat, six months of age or older, within the Town unless a license for such dog or cat is obtained from the Town Clerk. The license period shall be from January 1 through December 31; provided, however, that all applications for license renewals shall be submitted by March 15 of each year, or the licensee may be subject to late fees. Nonrefundable license and late fees shall be established from time to time by the Town Clerk, unless Town Meeting approval is required pursuant to MGL c. 140, § 139, or other applicable law. License fees for dogs and cats owned or kept by residents who are age 60 or older shall be at a discounted rate of at least 25% less than the established fee. All license fees shall be waived for dogs and cats that serve as service animals as defined by the Americans with Disabilities Act or regulations promulgated thereunder. Not more than three dogs over three months of age shall be kept in any household without complying with the kennel licensing provisions set forth in § 60-205. All dogs and cats are required to wear their license tags at all times.
(1)
No dog or cat six months of age or older shall be licensed unless
a valid rabies vaccination certificate is presented to the Town Clerk
at the time of licensing.
(2)
No dog or cat six months of age or older shall be licensed unless
there is presented to the Town Clerk at the time of licensing either:
(3)
A special breeder's license shall be obtained for any dog or cat with respect to which a statement is presented that a decision has been made not to spay or neuter pursuant to § 60-200A(2)(c).
B.
The owner of any dog or cat that is sold or given away, or whose
custody is otherwise transferred, to any other resident of the Town
shall obtain from the Town Clerk and furnish to such other resident
a copy of this section of the General Bylaws or a summary thereof.
C.
No person who owns, keeps or controls a dog shall allow the dog to
run free when not restricted to the premises of said person, except
as permitted by the Board of Health. Except as otherwise provided
in this section, such dogs shall be leashed and curbed when off such
premises.
D.
Removal of feces.
(1)
Each person who owns, keeps or controls a dog within the Town shall
remove and dispose of any feces left by such dog on any sidewalk,
street, park or other public area or on any private property that
is not owned or lawfully occupied by such person.
(2)
No person who owns, keeps or controls a dog within the Town shall
permit such dog to be on any sidewalk, street, park or other public
area unless such dog is accompanied by a person carrying a device
that is suitable for picking up and containing feces, unexposed to
such person and to the general public.
(3)
For purposes of this subsection, feces may be disposed of only at
a place suitable and regularly reserved for the disposal of human
feces or otherwise designated as appropriate by the Board of Health.
E.
No person within the Town shall possess, maintain, propagate, cultivate
or deal in wild or exotic animals within the meaning of MGL c. 131,
§ 23, unless notice thereof has been filed with the Board
of Health and all permits required by said § 23 or otherwise
have been obtained.
F.
No person within the Town shall feed any wild animals, including,
without limitation, ducks, geese and raccoons, or any homeless dogs
or cats, except birds through freestanding bird feeders or bird feeders
attached to a private residence. Persons feeding their own domestic
animals shall do so only in a sheltered space inaccessible to wild
or roaming animals. This subsection shall not apply to the feeding
of homeless dogs or cats if done in a sheltered place inaccessible
to wild or roaming animals with the express purpose of befriending
the dog or cat in order later to have it vaccinated, spayed or neutered,
and ultimately adopted.
G.
Nuisance or dangerous dogs or other animals.
(1)
No person shall permit any dog, cat or other household pet that by
biting, barking, howling, scratching or crying, or in any other manner,
disturbs the peace and quiet of any neighborhood, destroys private
property, endangers the safety of any person, or otherwise acts as
a nuisance or dangerous dog as defined by MGL c. 140, § 136A.
(2)
The Animal Control Officer, or any other Town officer tasked with the enforcement of this section, shall respond to complaints and reports of a violation of Subsection G(1).
(3)
All bites by dogs, cats, other domestic animals or wild or exotic
animals shall be reported to the Board of Health and the Animal Control
Officer by the person bitten or by the owner or keeper of the animal,
as soon as possible after the incident.
(4)
Any person, including the Animal Control Officer, may make a complaint
to the Board of Health, the Town's Hearing Authority pursuant to MGL
c. 140, concerning a nuisance or a dangerous dog as defined by MGL
c. 140, § 136A. Upon the receipt of such a complaint, the
Board of Health shall conduct a public hearing to gather evidence
and testimony with respect to the allegation made in the complaint.
At the close of the public hearing and after deliberation, the Board
of Health may dismiss the complaint, or deem the dog a nuisance or
dangerous dog. If the Board of Health deems the dog a nuisance or
a dangerous dog, it may order any of the remedies available to it
under MGL c. 140, § 157.
H.
The operator of a motor vehicle that strikes and injures or kills
a dog or cat within the Town shall report such incident to the owner
or keeper of such dog or cat or to a police officer of the Town.
I.
Except as the Board of Health may otherwise permit, no dogs, except
those dogs that serve as service animals as defined by regulations
issued pursuant to the Americans with Disabilities Act, 28 CFR 35.104,
will be allowed in the following areas of the Town: all cemetery land,
all public school playgrounds and athletic fields and all Recreation
Department playgrounds and athletic fields. Nor may any dog be allowed
inside food establishments, retail businesses or public buildings.
[Amended 5-4-2015 ATM,
approved 8-2-2015]
J.
Violations of this section shall be disposed of, in the discretion of the Board of Health, either in the manner provided in § 40-220E or, if applicable, pursuant to the provisions of MGL c. 140, § 173A. For all violations of this section other than violations of the licensing subsections, a noncriminal citation will be issued on the following schedule: first offense, $50; second offense, $100; third offense, $300; fourth and each succeeding offense $500. Any violation of the licensing subsections shall result in a fine of $50 per such violation and, for violations continuing 30 days past licensing deadlines, an additional fine of $100 per such violation.
[Amended 4-29-2019 ATM,
approved 9-5-2019]
A.
KENNEL
KENNEL INSPECTOR
KENNEL LICENSE
LICENSE PERIOD
Definitions. As used in this section, the following words and terms
have the following meanings:
A pack or collection of dogs on a single property, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel, or veterinary
kennel, as defined in MGL c. 140, § 136A.
The Town's Animal Control Officer, the Police Chief, or such
other qualified party as may be designated by the Select Board.
An annual license permitting a kennel to operate within the
Town, issued to a kennel that has demonstrated compliance with the
requirements of this section.
The time between January 1 and the following December 31,
both dates inclusive.
B.
Licenses; fees; requirements; violations.
(1)
No person shall operate a kennel within the Town without first obtaining
a kennel license from the Town Clerk in accordance with the provisions
of this section. Possession of a kennel license shall not demonstrate
compliance with any other provision of the bylaws of the Town of Belmont.
(2)
The Town Clerk shall determine the amount of the nonrefundable fee
for a kennel license for each license period. The Town Clerk may charge
an increased fee for applications for kennel license renewals received
after March 15 for that license period.
(3)
The location and operation of any kennel shall be appropriate for
housing the number of dogs allowable under the terms of its kennel
license and may not be detrimental to the health and safety of dogs
or persons.
(4)
All kennels shall be operated in a safe, sanitary, and humane condition,
as provided in MGL c. 140, § 137C.
(5)
No kennel that provides overnight boarding of dogs may keep more
than 25 dogs for overnight stays on the premises. Dogs that are on
the premises for medical or surgical treatment or observation shall
not be counted in this number.
(6)
No kennel may contract with security dog firms or other businesses
to board protection or security dogs, or dogs in training to be protection
or security dogs on the premises. A security dog kept on the premises
for the kennel's own security purposes is permitted.
(7)
Kennel operations, including the exercising of dogs, shall be in
an indoor enclosed area, except that individual dogs may be exercised
one at a time in a prescribed outdoor area.
(8)
Every kennel shall at all times keep and maintain accurate records
of the number and identities of all dogs kept on the premises, and
the identities of persons who have purchased dogs from the kennel.
(10)
Any violation of this section shall result in a fine of $500
for a first offense, and a fine of $1,000 for a second or subsequent
offense. Violations shall be administered in accordance with the provisions
of MGL c. 140, §§ 137A through 137C.
[Amended 4-29-2019 ATM,
approved 9-5-2019]
C.
Application process; license issuance; renewals.
(1)
Any person or entity seeking a kennel license or renewal or reinstatement
thereof shall complete and submit to the Town Clerk a kennel license
application, in a form prescribed by the Town Clerk. The application
shall include a statement that the applicant acknowledges receipt
of a copy of the provisions of this section and agrees to comply with
all applicable provisions.
(2)
Upon receipt of a completed application, the Town Clerk shall so notify the kennel inspector who shall forthwith conduct an inspection of the applicant's kennel as provided in Subsection D. The Town Clerk shall also give notice of the application to direct abutters to the proposed kennel location and provide such abutters 14 days to submit written comments on the application.
(3)
The
Town Clerk shall review the completed application, all comments received
within 14 days of the notice to abutters given pursuant to Subsection
D(2), and the kennel inspector's report. The Town Clerk shall determine
whether the proposed kennel is in compliance with the requirements
of this section and MGL c. 140, §§ 137C and 137D, and,
if so, shall issue a kennel license to the applicant. If the Town
Clerk finds that the proposed kennel is not in compliance with such
requirements, the Town Clerk shall deny the application and state
the reasons for such denial.
[Amended 5-4-2015 ATM,
approved 8-2-2015]
(4)
Any
application for renewal of a kennel license shall be submitted to
the Town Clerk on or before March 15 for that license period.
D.
Inspections. The kennel inspector, the Police Chief, the Select Board,
or the Town's Animal Control Officer may at any time inspect a kennel
or cause the inspection of a kennel to ascertain whether the kennel
complies with the requirements of this section and applicable state
statutes.
E.
Suspension or revocation of kennel license; reinspections.
(1)
If the Town Clerk denies a kennel license application or renewal application, the applicant or kennel license holder may request a reinspection of the proposed kennel after reasonably demonstrating to the kennel inspector that the proposed kennel has been brought into compliance with the requirements of this section and applicable state statutes. The kennel inspector shall thereafter, as soon as is practicable, reinspect the proposed kennel and make a report to the Town Clerk, who shall, within a reasonable time, review the application in accordance with Subsection C. The Town Clerk may set fees for reinspections performed pursuant to this subsection.
(2)
If the kennel inspector, Police Chief, Select Board, or the Town's
Animal Control Officer inspects or causes to be inspected a kennel
and, in the judgment of the person or entity that performed the inspection,
the kennel operator is not maintaining the kennel in compliance with
this section and applicable state statutes, then the kennel inspector,
Police Chief, Select Board, or the Town's Animal Control Officer shall,
by order, revoke or suspend the kennel license, in accordance with
MGL c. 140, § 137C.
(3)
If a kennel license is suspended, the kennel license holder may apply for reinstatement by requesting a reinspection of the kennel after reasonably demonstrating to the kennel inspector that the kennel has been brought into compliance with this section and applicable state statutes, and that the license holder has satisfied the terms of the suspension order. The kennel inspector shall thereafter, as soon as is practicable, reinspect the kennel and make a report to the Town Clerk who shall, within a reasonable time, review the application in accordance with Subsection C. The Town Clerk may set fees for reinspections performed pursuant to this subsection.
F.
Petitions to declare a kennel a nuisance. Any group of 25 citizens
may file a petition with the Select Board setting forth that they
are aggrieved, or annoyed to an unreasonable extent, by one or more
dogs maintained in the Town due to excessive barking or other conditions
connected with a kennel constituting a nuisance, as provided in MGL
c. 140, § 137C. The Select Board shall request that the
kennel inspector investigate and provide a report for the parties'
review prior to the public hearing provided in MGL c. 140, § 137C.
