[Amended 12-18-1996 by Ord. No. 148]
A.
Whoever owns or keeps a dog in the City which is over the age of
six months shall annually obtain a license therefor from the City
Clerk.
[Amended 2-16-2016 by Ord. No. 013]
B.
The City Clerk shall not grant such license for any dog unless the
owner thereof provides the Clerk with either a veterinarian's certification
that such dog has been vaccinated in accordance with this section,
certification that such dog is exempt from the vaccination requirements
or a notarized letter from a veterinarian that either of these certifications
was issued.
[Amended 2-16-2016 by Ord. No. 013]
C.
The owner or keeper of a licensed dog shall cause it to wear around
its neck or body a collar or harness of leather or other suitable
material, to which shall be securely attached a tag in a form prescribed
by the City Clerk, and upon which shall appear the license number
for the current year.
D.
Whoever violates the provisions of this section shall be subject
to a fine of $25. Any person failing to pay the above fines within
the 21 days provided will be subject to a surcharge of $5 in addition
to the fine due.
[Amended 12-18-1996 by Ord. No. 148; 10-5-2006 by Ord. No. 154]
A.
Duty to dispose. It shall be the duty of each person who owns, possesses
or controls a dog to remove and dispose of any feces left by his/her
dog on any sidewalk, street, park, public area or any private property
of another. A copy of this section shall be given to every dog owner
when licensing at the time the dog is licensed.
B.
Duty to possess means of removal. No person who owns, possesses or
controls such dog shall appear with such dog on any sidewalk, street,
park, public area or private property of another without the means
of removal of any feces left by such dog.
C.
Method of removal and disposal. For the purpose of this regulation,
the means of removal shall be any tool, implement or other device
carried for the purpose of picking up and containing such feces, unexposed
to said person or the public. Disposal shall be accomplished by transporting
such feces to the property of the owner or the dog or to some other
place suitable and regularly reserved for the disposal of human feces
or specifically reserved for the disposal of canine feces, and so
disposing of said feces.
D.
Fines for violation. Fines for violation of this section shall be
$100 for the first offense in a calendar year and $50 for subsequent
offenses in the same calendar year.
[Amended 2-16-2016 by Ord. No. 036]
E.
Exemption for guide dogs. This section shall not apply to a guide
dog accompanying any handicapped person.
[Added 10-19-2015 by Ord.
No. 406]
A.
The City
Clerk is the licensing authority for any dog kennel or day care sheltering
more than three dogs at any given time and for any duration. Any person
operating such a kennel shall apply to the City Clerk for a license
and shall be subject to the following fee schedule for new licenses
and for renewals:
B.
The City
Clerk shall issue a license under this section only after the kennel
has been inspected by the Animal Control Officer in both the case
of a new license and a renewal.
C.
Kennel
licenses must be renewed every June. Kennels subject to this section
must be in compliance with all state laws in their handling of licensed
and unlicensed dogs and in their operation in order to maintain a
kennel license.
[Amended 12-18-1996 by Ord. No. 148]
A.
Any dog used primarily for the purpose of securing and protecting
real or personal property which is open to public access at any time
shall comply with all the following:
(1)
Such dog shall be registered with the City Clerk in accordance with
MGL c. 140, §§ 137 and 137A.
(2)
Such dog shall be kept within a suitable and closed-in area which
at all times shall not be accessible to the public when such property
is open to public access or during business hours. Such closed-in
area will consist of a fence at least six feet high with a fence covering
and a locked gate and/or within a locked room if in a business establishment.
(3)
All areas secured or protected by a security or guard dog or dogs
shall be posted in such thorough manner as to give adequate notice
to the public ("Beware of Guard Dog," etc.).
B.
No person/business shall harbor a security dog or guard dog unless
he has obtained a security dog permit as follows.
(1)
Such permit will be issued by the City Clerk at no fee upon written
certification by the Animal Inspector that such business or person
has complied with all the guidelines of this section. Such permit
may be revoked by the Police Chief upon evidence of violation of the
provisions of this section.
(2)
The City Clerk shall provide the Fire Chief and Police Chief with
a copy of the security dog kennel permit.
(3)
The security dog permit shall specify the location at which the dog
is licensed to be located, and no transfer or relocation of the duly
licensed guard/security dog shall be permitted without the approval
of the Animal Control Officer.
(4)
Such permit shall be valid for an indefinite period of time.
(5)
Any business or private resident harboring a security dog shall,
upon the request of the Animal Control Officer or any police officer,
allow him to enter and inspect the area where such dog is licensed
to be harbored.
[Amended 2-16-2016 by Ord. No. 013]
C.
Failure to comply with any subsection of this section will result
in a fine of $50 for each day of such violation.
[Amended 12-18-1996 by Ord. No. 148; 2-16-2016 by Ord. No. 013]
A.
Whoever is the owner or keeper of a dog, cat or ferret six months
of age or older shall cause such dog, cat or ferret to be vaccinated
against rabies in accordance with MGL c. 140, § 145B.
B.
Unvaccinated dogs, cats or ferrets acquired or brought into the City
shall be vaccinated within 30 days after acquisition or entry into
the City or upon reaching the age of six months, whichever comes later.
C.
Whosoever violates the provisions of this section shall be subject
to a fine of $50. Any person failing to pay the above fines within
the 21 days provided will be subject to a surcharge of $5 in addition
to the fine due.
A.
The owner or keeper of a dog, or both, may be prosecuted in a court
of law for the following violations of this section and the dog may
be impounded:
[Amended 2-16-2016 by Ord. No. 013; 2-16-2016 by Ord. No. 036]
(1)
If found without a license when a license is required by law.
(2)
If found at large elsewhere than in unleashed designated areas as
described by written policy of the Beverly Parks and Recreation Commission.
(3)
For having bitten, injured or physically molested any person. Penalty:
$50.
(4)
For having bitten or injured any domestic animal. Penalty: $50.
(5)
For chasing any vehicle on a public way or on any way open to public
traffic in the City. Penalty: $25.
(6)
For repeatedly causing a nuisance, such as, but not limited to, barking
or littering. Penalty: first offense, $25; second offense, $50.
(7)
If found, not muzzled, off the property of its owner or keeper while a muzzling order with respect to it is in effect under § 117-14 below. Penalty: first offense, $100; second offense, MGL c. 140, § 157, fine schedule.
(8)
For leaving defecation (a) On private property other than that of
its owner; (b) On a public sidewalk; (c) or On trees or lawns. Penalty:
$25.
(9)
If any person owning, harboring, keeping or in charge of any dog,
except a guide dog accompanying any handicapped person, shall cause,
suffer or allow such dog to soil, defile, defecate or commit any nuisance
on any common thoroughfare, sidewalk, passageway, bypath, play area,
park or any place where people congregate or walk, or on any public
property whatsoever, or on any private property without the permission
of the owner of said property.
B.
The owner or keeper may obtain the release of an impounded dog as
follows:
(1)
In the case of a violation of Subsection A(1) hereinabove, upon obtaining a license as required by law and by payment of a late filing fee.
(4)
No later than two days after the impoundment of any dog, the owner
or keeper shall be notified; or if the owner or keeper of the dog
is unknown or, after reasonable efforts, is not contacted, written
notice shall then be posted for 10 consecutive days on a K-9 bulletin
board in the office of the City Clerk describing the dog and the place
and time of taking.
(5)
Dogs impounded and unclaimed by the owner or keeper after such a
ten-day period shall be disposed of in accordance with the provisions
of MGL c. 140, § 151A.
[Amended 7-7-1987 by Ord. No. 30; 10-15-1990 by Ord. No. 543; 12-7-1992 by Ord. No. 153; 12-18-1995 by Ord. No.
148; 5-7-2003 by Ord. No. 40; 6-4-2003 by Ord. No. 173; 5-16-2007 by Ord. No. 112; 2-16-2016 by Ord. No. 036]
Dogs shall be permitted on beaches and in parks of the City
of Beverly only as follows:
A.
From and including Memorial Day to and including Labor Day of each
year, leashed dogs will be permitted in Lynch Park (excluding gardens,
playing fields, and playground equipment areas) only between the hours
of 6:00 a.m. and 7:30 a.m.
B.
From and including Memorial Day to and including Labor Day of each
year, leashed dogs will be permitted in any other City park (excluding
gardens, playing fields, and playground equipment areas) only between
the hours of 7:30 p.m. and 7:30 a.m.
C.
Leashed dogs will be permitted in other special areas designated
by written policy of the Beverly Parks and Recreation Commission during
the hours designated in said policy.
D.
Unleashed dogs will be permitted in special areas designated by written
policy of the Beverly Parks and Recreation Commission during the hours
designated in said policy.
E.
The Beverly Parks and Recreation Commission and the Beverly Police
Department shall develop and coordinate an enforcement plan for this
section to ensure its effective enforcement.
F.
Annually, the Beverly Parks and Recreation Commission shall report
to the City Council recommending continuance, discontinuance or changes
to this section.
G.
The Beverly Parks and Recreation Commission shall create a website
in which this section and all written policies of the Commission relative
to leashed/unleashed dogs are available to the public. Such site will
provide for public comment relative to this section and the written
policies of the Beverly Parks and Recreation Commission pertaining
to leashed/unleashed dogs.
Cats impounded and unclaimed by the owner or keeper after a
two-day period may be disposed of in accordance with the provisions
of MGL c. 140, § 151A.
[Amended 12-7-1992 by Ord. No. 153; Ord. No. 1-10-1994; 6-4-2003 by Ord. No.
173]
Dog licenses expire on March 31 of each year.
[Amended 12-7-1992 by Ord. No. 153; 12-1995 by Ord. No. 148; 6-4-2003 by Ord. No.
173; 5-16-2007 by Ord. No. 112; 2-16-2016 by Ord. No. 013; 2-16-2016 by Ord. No. 036]
A.
No person owning, harboring or having custody and control of a dog
shall permit such dog to be unleashed in the City of Beverly at any
time, elsewhere than in unleashed areas as designated by policy of
the Beverly Parks and Recreation Commission or on the premises of
the owner, except if such dog be on the premises of another person
with the knowledge and assent of such person. Further, any person
owning, harboring or having custody and control of a dog in the City
of Beverly, when such dog is not on the premises of the owner or upon
the premises of another person with the knowledge and assent of such
person, shall control and restrain such dog by a leash of appropriate
length.
B.
The Animal Control Officer or Assistant Animal Control Officer may take into custody any licensed dog found unleashed within the City of Beverly in violation of Subsection A of this section. The Animal Control Officer or Assistant Animal Control Officer may then impound said dog at any licensed kennel and notify the owner of the location where the dog may be claimed. The owner shall pay any boarding fee which may have accrued before the kennel shall be obligated to release the dog. If the owner does not claim the dog within three days of receipt of notice, the Animal Control Officer shall cause a second notice to be sent to the owner by registered mail. If the owner does not claim the dog within three days of receipt of the second notice, the Animal Control Officer may proceed against the owner for willful abandonment pursuant to MGL c. 272, § 84.
C.
Dogs in cemeteries. Dogs are hereby prohibited in all City cemeteries.
D.
Whoever violates any provision of this section shall be subject to
a fine of $50 for a first offense, $75 for a second offense and $100
for a third or any subsequent offense relating to the same dog. Any
dog which has been the subject of four or more violations of this
section within one calendar year shall be deemed a nuisance to which
the provisions and procedures of MGL c. 140, § 157, shall
apply, and shall be reported as such by the Animal Control Officer
to the Chief of Police for appropriate action under that law. Any
person failing to pay the above fines within the 21 days provided
will be subject to a surcharge of $15 in addition to the fine due.
[Amended 12-7-1992 by Ord. No. 153; 2-16-2016 by Ord. No. 036]
[Amended 2-16-2016 by Ord. No. 013; 2-16-2016 by Ord. No. 036]
Unless another penalty is provided, violations of this chapter
shall cause the owner or keeper of such dog to be penalized by a fine
of $50 for the first such violation, $75 for the second violation,
and $100 for the third and subsequent violations.
