[HISTORY: Adopted by the Town of Abington 6-6-2016 ATM by Art. 9.[1] Amendments noted where applicable.]
[1]
Editor's Note: This Article also superseded
former Ch. 11, Animals, adopted 4-3-2006 ATM by Art. 8.
No person shall pasture or cause to be pastured any cattle or
other animals upon or within the limits of any street or way of the
Town, either with or without a keeper.
A.
An owner or keeper of a dog shall not cause or permit such a dog
to run at large in any street or public place or upon the premises
of anyone other than the owner or keeper, unless the owner or occupant
of such premises grants permission. While in any public place or street,
dogs shall be under restraint by owner or keeper. A dog is under restraint
within the meaning of this Bylaw if it is controlled by a leash or
confined within a vehicle driven or parked on a street. Notwithstanding
the preceding, an owner or keeper shall be prohibited from bringing
a dog, even under restraint, to/into the following events/venues:
(1)
Any concert or other public event organized and/or administered by
the Abington Summer Concerts Committee;
(2)
The Island Grove swimming and recreation area, which shall be designated
from time to time by the Board of Selectmen. Until or unless otherwise
designated, the Island Grove swimming and recreation area shall be
bounded by Memorial Bridge at the west, Park Avenue at the east, and
the main walking path at the north, and shall include the swimming
pool and recreation area.
(3)
On the grounds of the Millennium Memorial Complex.
B.
Subsection A shall not be construed to limit or prohibit the use of hunting dogs during the hunting season, or the training of hunting dogs, or during field trials for hunting dogs.
C.
Subsection A shall not be applicable to dogs when utilized by law enforcement and public safety officials or in search and rescue efforts, or as a service animal, as that term is defined by the Americans with Disabilities Act of 1990, as amended, 42 U.S. Code § 12101 et seq., and any regulations promulgated thereunder.
Dogs running at large will be impounded. If the owner is known, notice shall be given within three days to such owner. If the owner is unknown, or the dog remains unclaimed for more than seven days, disposition of the dog shall be as provided under Massachusetts General Laws, Chapter 140, Section 151A. The owner or keeper of any dog so impounded may reclaim such dog upon payment of the dog license fee if it is then unpaid, and upon payment of any outstanding fines, maintenance and administrative charges as may be established by the Animal Control Officer.
Every owner or keeper of a dog who is six months old or over
shall license it with the Town Clerk on or before January 1 of each
year. Every owner or keeper of a dog which becomes six months old
subsequent to January 1 of any year shall license it with the Town
Clerk when it becomes six months old. The owner or keeper of every
dog which is so licensed shall cause it to wear at all times a license
tag issued for the purpose by the Town Clerk. An annual dog license
shall be valid from January 1 to December 31.
If the Animal Control Officer determines that a dog in its oestrus
cycle (in heat) is attracting other dogs and such attraction is causing
damage or disturbance to any neighborhood, the Dog Officer shall order
in writing that the owner or keeper of such dog restrain the dog for
the duration of its oestrus cycle. If the Dog Officer determines that
such owner or keeper is not complying with such order, the Dog Officer
shall impound said dog for the duration of its oestrus cycle and the
owner shall pay the current boarding fee for each day the dog is held
in the pound as may be established by the Animal Control Officer.
A.
No person may maintain a kennel, as defined in M.G.L. c. 140, § 136A,
without a kennel license.
B.
A kennel license may be obtained upon submission of a written application
to the Town Clerk with the prior approval from the Animal Control
Officer and the Zoning Board of Appeals, if required under the Town's
Zoning Bylaws, and upon payment of the applicable fee.
C.
The kennel license application shall be on a prescribed form and
shall specify the name of the owner, the name of the kennel, the name
of the keeper, and the location of such kennel. Such license shall
specify the maximum number of dogs to be kept on the premises at any
one time. Prior to approving any application, the Animal Control Officer
shall conduct an inspection of the premises and shall deliver notice
of said kennel application by first class mail to all owners of property
situated within 300 feet of the boundaries of the proposed kennel
property, in accordance with a certified abutters list issued for
said purpose by the Board of Assessors. All costs of said notice shall
be paid by the applicant, and said notice shall inform the abutters
of their right to submit written comments about the proposed kennel
within 10 days of its mailing. No kennel license shall be approved
unless the operation of a kennel in the particular location complies
with all applicable laws, including but not limited to the Town's
Zoning Bylaws. The approval of the license may include sufficient
conditions, at the discretion of the Animal Control Officer, to prevent
any nuisance to neighboring properties. Any party thereafter objecting
to the decision of the Animal Control Officer may appeal said decision
to the Board of Selectmen for independent review.
D.
An annual kennel license shall be valid from January 1 through December
31.
E.
The owner or keeper of such kennel shall renew the license prior
to the commencement of each succeeding license period.
F.
While at large, each dog in a kennel shall wear a collar or harness
to which shall be securely attached a tag upon which shall appear
the number of the kennel license and the year of issuance and the
name of the Town.
G.
The Chief of Police or Animal Control Officer may at any time inspect
or cause to be inspected any kennel, and if in their judgment the
kennel is not being maintained in a sanitary and humane manner, or
if records are not properly kept as required by law, shall by order
revoke or suspend said kennel license.
H.
In the case of revocation of said licenses, the Board of Selectmen may reinstate such license and impose conditions and regulations upon the operation of said kennel only after holding a public hearing, with notice of said hearing going to abutters at least 10 days prior to the date of said hearing, such notice to be provided as set forth in § 11-6C of this Bylaw.
I.
All kennels shall be limited to the number of dogs that the kennel
license states are to be maintained on said premises.
A.
The owner or custodian of every dog or animal shall be responsible
for any fecal matter deposited by the animal(s) on public walks, streets,
recreation areas or private property of another.
B.
The owner or custodian of an animal when appearing with the animal
on any public walk, street, recreation area, or private property shall
possess the means of removal of any fecal matter left by such animal.
C.
For purposes of this regulation, the means of removal shall include
any tool, implement, or other device carried for the purpose of picking
up and containing such fecal matter. Disposal shall be accomplished
by transporting such fecal matter to a place suitable and regularly
reserved for the disposal of human fecal matter, specifically reserved
for disposal of animal fecal matter or otherwise designated as appropriate
by the Board of Health.
Fees for individual dog licenses and kennel licenses shall be established annually by the Town Clerk in accordance with Massachusetts General Laws, Chapter 40, section 22F.
A.
This Bylaw may be enforced by the Animal Control Officer or any Town
of Abington police officer. In addition to the remedies set forth
herein and in GL c. 140, §§ 136A to 174E, inclusive,
or any other applicable provision of law, whoever violates any provision
of this Bylaw may be penalized by a noncriminal disposition process
as provided in G.L. c. 40, § 21D and the Town's non-criminal
disposition Bylaw. If non-criminal disposition is elected, then any
person who violates any provision of this Bylaw shall be subject to
the following penalties:
|
Failure to license dog
|
$50
|
|
Operation of kennel without a license
|
$50
|
|
Operation of kennel above maximum allotment of dogs
|
$25 per dog
|
|
Allowing dog to run at large
|
$100
|
|
Removal of animal waste
|
$50
|
|
Any other violation not specifically enumerated
|
$50
|
B.
Each day or portion thereof shall constitute a separate offense.
If more than one, each condition violated shall constitute a separate
offense.
