[Amended 11-30-2015 by Ord. No. 15-090]
(a)Â
No person shall allow any horse, cattle, other grazing animals or
fowl kept or controlled by him to permit the same to run at large
or pasture upon any of the streets, sidewalks, ways, or other places
within the Town, either with or without a keeper; provided that this
ordinance shall not affect the rights of any person to use land within
the limits of such way adjoining his own premises.
[Amended 6-21-2021 by Order No. 21-090]
(a)Â
ANIMALS
DOMESTICATED ANIMALS
EDUCATION
ENTERTAINMENT
EXOTIC ANIMAL
WILD ANIMAL
Definitions: The definitions contained in MGL c. 140, § 136A,
MGL c. 131, MGL c. 131A, and regulations promulgated thereunder, shall
be referenced to define terms used in this ordinance. In addition,
the definitions of the following terms shall apply:
Any mammal, bird, reptile, amphibian, or fish.
Any animal occurring naturally or historically in the United
States that through long association with humans, has been bred to
a degree which has resulted in genetic changes affecting the temperament,
color, conformation or other attributes of the species to the extent
that makes it unique and different from wild animals of its kind.
Nonprofit groups, institutions or individuals who engage
in teaching and instructing with intent and the effect of imparting
knowledge to others through oral presentations and/or written hand-outs
(whose sole purpose is to teach without entertainment), or entity
deemed educational by the Animal Control Officer, in consultation
with the Mayor.
Any organization which uses animals to perform tricks or
participate as accompaniments in performances for the amusement of
an audience.
Any animal not occurring naturally or historically in the
United States. The phrase includes, but is not limited to, all manner
of lions, tigers, leopards, jaguars, cheetahs, elephants, zebras,
camels, giraffes, reptiles and any crossbreed of these animals other
than fish or insects.
Any animal occurring naturally and traditionally within the
United States that is not a domesticated animal, livestock, or fowl.
(b)Â
No living nondomesticated animals shall be displayed for public entertainment
or amusement in circuses, carnivals or other similar entities on property
owned by the Town of Weymouth, on Town-owned property under lease,
or on private property. As used in this subsection, "displayed" shall
include, but is not limited to, animal acts or performances, animal
rides and competitive animal races.
[Amended 6-20-2016 by Ord. No. 16-095]
(a)Â
No person within the Town shall feed any wild animal where such prohibition
is posted.
(b)Â
The Animal Control Officer or any police officer of the Town is hereby
authorized to investigate all complaints made to the Animal Control
Officer or the Town of Weymouth Police Department against the person
who is alleged to have violated the provisions of this ordinance and
shall be subject to the penalties under the provisions of MGL c. 40, § 21D,
Noncriminal Disposition Fines, as outlined within this ordinance.
(a)Â
ABUTTER
REGULATED ANIMALS
SMALL ANIMAL SHELTER
STABLE
WETLAND
Definitions: MGL c. 40, § 136A, shall be referenced to
define terms used in this ordinance. In addition, the definitions
of the following terms shall apply:
The owners of property located within 100 feet of the stable,
shelter or structure in which livestock or fowl are proposed kept.
This ordinance shall apply to swine, horses, cows, goats,
sheep, burros, llamas, deer, chickens, ducks or other fowl, or other
farm animals stabled or sheltered outside homes within the Town of
Weymouth.
Any building, enclosure, premises or portion thereof where
animals under 20 pounds, other than domestic dogs and cats, are kept.
No more than 10 animals are allowed on site in a small animal shelter.
Any building, enclosure, premises or portion thereof where
animals over 20 pounds or more than 10 small animals (under 20 pounds),
are kept.
Any wetland resource area as defined in 310 CMR 10.00 or
other land defined as wetland with the Weymouth Conservation Department.
(b)Â
No person shall keep or allow to be kept within the limits of this
Town, in any building, or on any premises of which he may be the owner,
tenant, or occupant any livestock or fowl without a livestock permit
granted by the Health Department. A livestock permit is required for
a small animal shelter for the keeping of certain animals, defined
above.
[Amended 6-21-2021 by Order No. 21-090]
(c)Â
No person shall keep or allow to be kept roosters and crowing hens
within the limits of the Town.
(d)Â
Livestock permit applicants or a designated caretaker must reside
at the property where the livestock is kept, and livestock permit
applicants must provide the name, address, and telephone number of
a competent caretaker, who:
1.Â
Resides within close proximity of the property where the livestock
is kept;
2.Â
Is capable of caring for the livestock; and
3.Â
Is willing to care for the animals in an emergency.
4.Â
If the property where livestock is to be kept is not owned by the
applicant, the applicant must submit a notarized letter from the property
owner giving permission to have livestock on the property.
(e)Â
Livestock permits are not transferable from person to person, location
to location, and do not run with the land.
(f)Â
All livestock permit applications must be submitted with the required
application fee, the plot plan showing the location and size of the
stable, shelter or structure, and the abutter notifications, if applicable,
to the Weymouth Health Department. The Animal Control Officer and/or
Health Agent shall perform an inspection of the property and the farm
animal housing area once the application is received. No animals shall
be allowed on-site until such permit is granted.
(g)Â
Applicants must make sure that the setbacks listed below are met
and are shown on their site or plot plan for approval:
1.Â
Small animal shelter:
a.Â
Ten feet to an adjacent property line.
b.Â
Twenty feet to an adjacent dwelling.
c.Â
One hundred feet from a wetland.
d.Â
Two hundred feet from the high water mark of a source of drinking
water or tributary thereof.
e.Â
Ten feet from an occupied dwelling on the same property where the
shelter is kept.
(h)Â
The Weymouth Animal Control Officer and/or Agent of the Health Department
shall visit the property, before any livestock permit is granted,
to determine the fitness of the property for the safe keeping of animals.
Such inspection shall consist of verifying the suitability of the
site, the condition of the facilities, and the manure storage/odor
abatement plan.
(i)Â
Anyone requesting a livestock permit under this section must notify
abutters as defined herein by certified mail or constable; however,
notice to abutters is not required for an application to keep a small
animal shelter. Proof of notification must be submitted with the application.
A sample notification letter will be supplied with the application.
(j)Â
The Health Director shall consider any concerns, complaints or objections
received by abutters and determine the suitability of the proposed
site for the permit.
(k)Â
Livestock permits expire annually on December 31 and must be renewed
on an annual basis.
(l)Â
The maximum allowable number of animals will be stated on the livestock
permit. The Animal Control Officer and/or the Health Department will
determine the maximum allowable number of animals on a case by case
basis based on the size of the lot and the location of the lot in
proximity to other properties, among other factors.
(m)Â
The construction of stables shall be in conformity with applicable
state and local laws, including, but not limited to, the Town of Weymouth
Building Code, and shall include, but shall not be limited to, the
following:
1.Â
There shall be at least two windows in each stable.
2.Â
There shall be adequate ventilation in each stable.
3.Â
Each stall shall be no less than five feet by 10 feet in size, or
such larger size so as to allow the animals to have room to comfortably
lie down or stand up.
4.Â
There shall be adequate drainage either natural or artificial for
urine or waste matter in every stable.
5.Â
All flooring in any stable shall be acceptable to the Animal Control
Officer and Health Department and be constructed in a manner to adequately
drain.
(n)Â
The owners or persons in control of any buildings or premises in
which animals are kept shall keep the buildings and premises clean
and free from decaying food, filth, dirt, stagnant water, and animal
wastes.
(o)Â
All manure shall be kept in a suitable pit or receptacles. No storage
of manure shall be allowed within 100 feet of any wetland. Manure
shall be removed as necessary to eliminate odor or insect problems.
The accumulation, stockpiling, and storage of manure outside of a
pit or receptacle shall be prohibited.
(p)Â
All animals must be confined to the permitted stable or small animal
shelter or adjacent fenced, gated or penned-in area. They shall not
roam freely on the property, outside of the fenced or penned-in area.
(q)Â
Adequate water supply shall be available at all times.
(r)Â
Upon inspection, if deficiencies are found by the Animal Control
Officer or Health Department, either may at its discretion issue fines
or a written order to the person or persons having control of the
premises to correct the deficiencies. A reinspection will then be
conducted to ensure compliance. Failure to comply may result in revocation
or suspension of a permit, an order of removal of all animals and/or
fines. The livestock permit holder acknowledges that holding a permit
allows the Animal Control Officer, Animal Inspector and/or Health
Department to inspect the property at any time. Failure to allow inspection
is subject to livestock permit suspension/revocation and/or fines.
Fines shall be issued pursuant to MGL c. 20, § 21D, the
noncriminal disposition procedure, in the amounts as stated in this
ordinance.
(s)Â
The owner or operator of the premises where regulated animals are
kept shall give written notice to the Health Department if he or she
requests a hearing for the purpose of permit suspension, revocation,
denial or refusal to renew a livestock permit. This written notice
requesting a hearing shall be made within 10 days of receipt of such
suspension, revocation, denial or failure to renew and shall be served
through a certified letter sent return receipt requested or by constable
to the Health Department, who shall hold the hearing no later than
21 days from the date the written notice is received.
(a)Â
Leashing required; length of leash. No person shall cause or permit
a dog owned or kept by him, whether licensed or unlicensed, beyond
the confines of the property of the owner or keeper or the property
of another person with knowledge and permission of such other person
unless the dog is properly restrained. A dog is under restraint for
purposes of this ordinance if it is accompanied by its owner or other
person responsible for the dog, who is in full control of such dog,
and the dog is held firmly on a leash, the length which shall not
exceed six feet. An owner or keeper may use a leash of a greater length
to restrain a dog on the property of an owner or keeper, provided
that the dog is securely confined to the premises of the owner or
keeper.
(b)Â
Disturbing the peace. Any owner or keeper who allows a dog to bite,
bark, howl or in any other manner disturbs the peace and quiet of
any neighborhood or endangers the safety of any person or animal is
in violation of this ordinance.
(c)Â
Restrictions: defecation. No person shall fail to promptly remove
and properly dispose of any feces, as designated by the Board of Health,
left by any dog owned, kept or controlled by him or her on the property
of another, including but not limited to any public property within
the Town. This provision shall not apply to a person who, by reason
of a physical disability, is unable to comply with requirements of
such a section.
(d)Â
Penalties. The Animal Control Officer is hereby authorized to investigate
any complaint made against the owner or keeper of a dog who is alleged
to have violated the provisions of this ordinance. This section shall
be subject to the penalties under the provisions of MGL c. 40, § 21D,
Noncriminal Disposition Fines, as outlined in this ordinance.
(e)Â
Order to restrain or muzzle. In addition to the fines outlined in
this ordinance, on receipt of a complaint of an alleged violation
of this ordinance, the Animal Control Officer shall investigate and
is also authorized and empowered to order the owner or keeper of a
dog to muzzle and/or restrain a dog as the Officer deems necessary,
pending a hearing under MGL c. 40, § 157.
(f)Â
The owner or keeper of any dog or cat that is transported to an animal
hospital/care facility by the Animal Control Officer or police officer
for treatment, euthanasia and/or rabies testing is liable for payment
to said facility. If the owner or keeper cannot make such payment
at time of service, and treatment, euthanasia and/or rabies testing
is determined by the Animal Control Officer or Health Department to
be needed for public health and/or public safety, and if the Town
is billed for these services, said owner or keeper will be fined in
the amount of the bill invoiced to the Town.
(g)Â
Dog licenses. Dog licenses shall be obtained each year. The registering,
numbering, description and licensing, pursuant to the provisions of
Massachusetts General Laws, Chapter 140, of all dogs in the Town of
Weymouth shall be conducted annually in the office of the Town Clerk.
Applications and licensing shall be in accordance with MGL c. 140, §§ 137
and 137A. Dog licenses must be renewed annually between January 2
and February 28. In addition to the requirement that a dog shall be
duly licensed as required by law, the owner of a dog which has not
renewed a license before March 1 in any year shall be subject to a
late fee penalty of $10, and any dog license renewed starting April
1 through December 31 shall be subject to a twenty-five-dollar late
fee in addition to the license fee.
(h)Â
Duty of Animal Control Officer; registry required. It shall be the
duty of the Animal Control Officer and every police officer, pursuant
to MGL c. 140, §§ 151A and 167, to apprehend any unrestrained
or unlicensed dogs and to impound such dog in a facility approved
by the Chief of Police. The Animal Control Officer upon receiving
any dog shall make a complete registry, entering the breed, color
and sex of such dog and whether licensed. If licensed, the name and
address of the owner and the number of the license tag shall be recorded.
Unrestrained or unlicensed dogs may be sought out, caught and confined
by the Animal Control Officer or any police officer of the Town, and
impounded.
Nothing in this ordinance shall be deemed to prohibit the use
of dogs for hunting, sporting or working purposes as long as said
dogs are properly restrained.
(i)Â
Notice of impoundment; reclamation; charges. The Animal Control Officer
shall make reasonable efforts, but in no event not later than three
days after the impounding of any dog, the owner shall be notified,
or, if the owner of the dog is unknown, written notice shall be posted
for three days at one or more conspicuous places in the Town describing
the dog and the place and time of taking. The owner of any dog so
impounded may reclaim such dog upon payment of the costs and charges
incurred by the Town for impounding and maintenance of such dog; provided,
however, that if the dog is not licensed, then before the dog is released
to any person, a license as required by the Town shall be secured.
Charges shall be paid to the facility at which the dog was held. The
daily rate for keeping of a dog shall be set by the approved facility
holding the dog. Any owner/keeper not paying the facility will be
fined the amount owed to the facility and if not paid within 21 days
a civil complaint will be filed in the district court.
(j)Â
Rabies vaccinations. Whoever is the owner or keeper of a dog or cat
six months of age or older shall cause such dog and cat to be vaccinated
against rabies by a licensed veterinarian using a vaccine approved
by the Director of Public Health. Such owner or keeper shall procure
a veterinarian's certification that such dog and cat has been so vaccinated
and setting forth the date of such vaccination and the duration of
immunity, or notarized letter from a veterinarian that a certificate
was issued, and a metal rabies tag bearing an expiration date indicating
that such certification is still in effect. Unvaccinated dogs and
cats acquired or brought into the Town shall be vaccinated within
30 days after acquisition or entry into the Town or upon reaching
the age of six months, whichever comes later. The owner of a cat may
choose not to affix the rabies tag, but shall have the tag available
for inspection by authorized persons.
(k)Â
Dogs on public beach. No person shall allow a dog owned or kept by
him on any public beach within the Town, whether leashed or unleashed.
Service dogs under close control of their owners wearing a valid dog
license and certified as aid dogs shall be excluded from the provisions
of this section.
(l)Â
Displaying of tags. All dogs within the Town of Weymouth shall at
all times display on a collar the town/city license tag in which the
dog is licensed.
(m)Â
Failure to identify to Animal Control Officer/law enforcement. All
owners/keepers of dogs or cats shall not refuse to identify or provide
false information regarding their name, date of birth, address and
animal information to the Animal Control Officer, Constable or police
officer.
(n)Â
Posted Town of Weymouth Property. No person shall allow a dog onto
any Town property where there is posted a "No Dogs Allowed" sign,
whether leashed or unleashed. Service dogs under close control of
their owners wearing a valid dog license and certified as aid dogs
shall be excluded from the provisions of this section.
(o)Â
Animals left unattended in motor vehicle. No person shall allow any
domesticated animal to be left unattended in a motor vehicle for more
than five minutes with the exception of police/law enforcement K9/Animal
Control.
(p)Â
Unattended dogs. No person shall allow a dog to be unattended outside
for more than two hours unless the dog has access to food, water and
enclosed shelter from the elements.
(q)Â
Cats and ferrets. No person, firm, organization or corporation shall
keep or house within the Town of Weymouth, in any building, or on
any premises on which he may be the owner, lessee, tenant, or occupant,
more than three cats or ferrets, not including kittens under 10 weeks
old, unless such person, firm, corporation, or organization holds
a valid pet shop license from the Massachusetts Division of Animal
Health or is a registered animal shelter with the Massachusetts Division
of Animal Health and has written approval from the Animal Control
Officer or is a licensed veterinarian with the state of Massachusetts;
veterinarians do not require written approval.
