Pursuant to the terms of Massachusetts General Laws, Chapter
140, Sections 137A, 139(a), 173 and 173A, this article supplements
the provisions of Massachusetts General Laws, Chapter 140, Section
137 through 174E, inclusive. Those statutes should be reviewed in
order to obtain a complete understanding of the licensing provisions
for dogs within the Town.
Unless a dog that is kept within the Town is kept regularly
at a property for which a kennel license has been issued, an Owner
of that dog must ensure that it is individually licensed with the
Town; provided, that this requirement shall not apply to any dog that
is less than six months of age; further provided, that this requirement
shall not apply to any dog that is brought into the Town on a temporary
or seasonal basis for not more than three months in a given License
Period need not be licensed by the Town, when it has been licensed
with another municipality within the Commonwealth of Massachusetts
or with any jurisdiction in another state. Every dog that must be
so licensed, must be licensed within 30 days of the date of acquisition
of the dog, the date of the relocation of the dog to the Town, the
date on which the dog attains the age of six months, or the date on
which the dog was no longer kept regularly at a licensed kennel, whichever
such date triggers the applicability of this licensing requirement.
All individual dog licenses and kennel licenses that are issued by the Town Clerk shall be valid for a maximum of one year. No licenses for the forthcoming License Period shall be issued prior to the Registration Period. Any license that is issued after the Registration Period, whether due to the failure to adhere to the requirements of this article, due to the acquisition of a dog after that date, due to the relocation of a dog to the Town after that date, due to the fact that a dog did not attain the age of six months until after that date, due to the fact that a kennel license application was not approved until after that date, or due to the fact that a dog was no longer kept regularly at a licensed kennel after that date, nonetheless still shall be valid only until the conclusion of the License Period, and the cost of the same shall not be prorated; provided, that any license that is issued after the Registration Period due to the failure to adhere to the requirements of this article also shall be subject to an administrative late fee, as provided in §
134-10, for each calendar month that registration for that license was so delayed. The issuance of an individual dog license to any Owner for whom, or for any dog about which, there is an outstanding, unpaid citation for a violation of any provision of this article or Article
II of this chapter, shall not be construed as an acknowledgment of, or otherwise evidence, satisfaction or payment of that citation, and shall not constitute a waiver of that citation by the Town. Concurrently, the issuance of a kennel license to any Owner or Keeper for whom, or for any property about which, there is an outstanding citation for a violation of any provision of this article or Article
II of this chapter, shall not be construed as an acknowledgment of, or otherwise evidence, satisfaction or payment of that citation, and shall not constitute a waiver of that citation by the Town.
A surcharge, as provided in §
134-10, shall be added to the cost of the individual license for any dog that has been found to be a Dangerous Dog pursuant to the provisions of Massachusetts General Laws, Chapter 140, Section 157, and a surcharge per Dangerous Dog shall be added to the cost of a kennel license when one or more Dangerous Dogs are kept regularly at the property for which the license is issued.
The Animal Control Officer and any Police Officer of the Town may issue the relevant fine that this article provides for any particular violation thereof. All such fines shall be subject to the non-criminal disposition procedures as provided in Chapter
60, Article
I, of these General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D. All such fines shall be remitted to the General Fund of the Town.
The provisions of this article are severable. If any court of
competent jurisdiction determines that any such provision is in violation
of the laws, constitutions or regulations of the Commonwealth of Massachusetts
or the United State of America, the remaining provisions shall not
be affected thereby and shall continue in full force and effect.