[HISTORY: Adopted by the Town Meeting of the Town of Marion 10-22-2018 STM by Art. S10[1]; amended in its entirety 5-10-2021 ATM by Art. 39. Subsequent amendments noted where applicable.]
[1]
This article also repealed former Ch. 109, Animal Control, adopted as Art. XXVI of the Bylaws, as amended.
As used in this bylaw, the following terms shall have the meanings indicated:
ANIMAL CONTROL OFFICER
The person or persons employed by the Town authorized to enforce MGL c. 140, §§ 137 through 174F.
COMMERCIAL BREEDER KENNEL
A single premises, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers, or pet shops in return for consideration.
COMMERCIAL KENNEL
A single premises for boarding, grooming, training, holding, day care, or overnight stays of animals that are not the property of the owner of the establishment, at which services are rendered in exchange for consideration and in the absence of the animal's owner.
DANGEROUS DOG
A dog that either:
A. 
Without justification, attacks a person or domestic animal, causing physical injury or death; or
B. 
Behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.
DOG POUND
Any premises designated by action of the Town for the purpose of impounding dogs and caring for all dogs found running at large in violation of this bylaw.
KEEPER
A person, business, corporation, entity of society, other than the owner, having possession of a dog.
LICENSE PERIOD
The time between January 1 through December 31, both dates inclusive.
OWNER
Any person, group of persons or corporation owning or keeping or harboring a dog or dogs.
PERSONAL KENNEL
A collection of more than four dogs, three months old or older, owned or kept under a single ownership for private personal use, providing that selling, trading, bartering or distributing shall be to other breeders or individuals by private sale and not to brokers, wholesalers, or pet shops and limited to animals bred from personally owned dogs.
RESTRAINT
A dog is under restraint within the meaning of this bylaw if it is leashed, or at heel or obedient to the command of a competent person, or within the property limits of its owner or keeper, or within a vehicle and incapable of escaping from the vehicle.
The Animal Control Officer or Animal Control Officers shall enforce the provisions of this bylaw.
Any dog impounded hereunder may be reclaimed as herein provided upon payment by the owner to the Animal Control Officer for each day such dog is kept. The Town Clerk maintains the current list of fees and fines.
[Amended 5-10-2021 ATM by Art. 44]
A. 
MGL c. 140, § 157, provides that any person can file a complaint to the Select Board identifying a potentially nuisance or dangerous dog. The Select Board shall investigate each complaint and hold a public hearing; see § 109-12D. Based on the evidence provided, three decisions are possible:
(1) 
Dismiss the complaint — no further action required.
(2) 
Deem the dog a nuisance — order the owner or keeper of the dog to take remedial actions to ameliorate the cause of the behavior.
(3) 
Deem the dog dangerous — order one or more:
(a) 
The dog be humanely restrained in accordance with MGL c. 140, § 157.
(b) 
The dog be confined in accordance with MGL c. 140, § 157.
(c) 
If removed from the premises, the dog be securely and humanely muzzled in accordance with MGL c. 140, § 157.
(d) 
That the owner or keeper provide proof of insurance not less than $100,000 in accordance with MGL c. 140, § 157.
(e) 
That the owner or keeper provide identification of the dog in accordance with MGL c. 140, § 157.
(f) 
That the owner or keeper have the dog altered to prevent reproduction in accordance with MGL c. 140, § 157.
(g) 
That the dog be humanely euthanized.
B. 
Appeal. Within 10 days after the order is issued, the owner or keeper can petition the district court for a review of the order. The decision of the court shall be final. Pending an appeal, the Select Board may file a petition in district court to request an order of impoundment for a dog complained of being dangerous.
C. 
Inspection. Fourteen days after the Select Board members issue an order for a nuisance or dangerous dog, the Animal Control Officer or the Chief of Police or other persons authorized under the General Laws shall inspect the owner's residence to verify compliance with the conditions of the order.
D. 
Violation. If the owner or keeper of a dog is found in violation of an order issued by the Select Board under this article and MGL c. 140, § 157, the dog is subject to seizure and impoundment by law enforcement or the Animal Control Officer. The owner is subject to fines and noncriminal proceedings under this section of the bylaw and M.G.L. c. 40, § 21D.
A. 
It shall be unlawful for any person to permit any dog owned by him/her and/or under his/her care or control to be present on any beach owned by the Town of Marion from May 1 through October 1. From October 2 through April 30, dogs may be present on any beach owned by the Town of Marion, provided they are under the control of their owner.
B. 
Failure of the owner to remove dog waste shall be subject to the penalties described in § 109-7.
Penalties for the violation of § 109-6 shall be assessed and collected in accordance with the procedure established under MGL c. 140, § 173A (noncriminal disposition of complaints for violation of dog control laws). The fines begin at the first offense and shall increase for each subsequent offense within the calendar year. The Town Clerk maintains the current list of fees and fines.
Pursuant to the terms of MGL c. 140, §§ 137A, 139(a), 173 and 173A, this Article II, Licensing, including § 109-10, Kennel licenses, supplements the provisions of MGL c. 140, §§ 137 through 174E, and certain provisions of the Marion Zoning Bylaw.[1] Those statutes and regulations should be reviewed in order to obtain a complete understanding of the licensing provisions for dogs within the Town.
[1]
Editor's Note: See Ch. 230, Zoning.
A. 
The owner or keeper of a dog in the Town of Marion is subject to these regulations when the dog reaches the age of three months. This section shall not apply to a person having a kennel license.
B. 
There shall be a fee that is paid by the owner for each license and tag and any replacement tag issued by the Town Clerk. All fees under this section shall be determined by the Select Board and may be changed from time to time as it deems appropriate. No fee shall be charged for a license for one dog owned by a person aged 70 years or over.
[Amended 5-10-2021 ATM by Art. 44; 10-19-2021 STM by Art. 12]
C. 
The Town Clerk shall record each license issued, the name of the owner or keeper of each dog so licensed, and the name, registered number and description of each dog. The owner or keeper of any dog so licensed shall state upon the license form the breed, color, weight and special markings of the dog. Such books shall be open to the public for inspection during the usual office hours of the Town Clerk.
D. 
The owner or keeper shall cause said dog to wear around its neck or body a collar or harness to which the tag shall be securely attached. In the event that any tag is lost, defaced, or destroyed, the owner or keeper shall obtain substitute tags from the Town Clerk.
E. 
The licensing period shall be for one year. The expiration date of a dog license is established as December 31 of each year; failure to obtain a license shall result in a fine. License renewal may be applied for within 30 days prior to the expiration date. New residents must apply for a license within 30 days of establishing residence. No fee shall be charged for a dog specially trained to lead or serve a blind or deaf person.
F. 
A license fee shall not be refunded because of a subsequent death, loss, spaying or neutering, or removal from the Town of such dog, nor because a license fee has been mistakenly paid to the Town.
G. 
No dog license shall be issued to any person who has been convicted of cruelty to animals as defined in MGL c. 272, § 77, § 80A, § 94 or § 95.
H. 
The provisions of this section shall not apply to institutions licensed under MGL c. 140, § 174D, to shops licensed under MGL c. 129, § 39A, to any person operating a licensed kennel or where otherwise provided by law.
A. 
Any owner or keeper of a commercial kennel, commercial breeder kennel, or personal kennel shall obtain a kennel license; provided, however, that before the Town Clerk issues such license, the owner or keeper provides the Town Clerk a completed application with:
(1) 
An opinion, in writing, by the Animal Control Officer based on the fact that he/she has investigated the property of the proposed kennel with respect to the following items:
(a) 
The location, construction, and soundproofing of the kennel area.
(b) 
The sanitary conditions of the kennel and the property in general.
(c) 
The adequacy of the kennel and property in general for the number and type of dogs and the type of kennel for which the kennel license would be issued.
(d) 
The concerns of the neighbors.
(e) 
The Animal Control Officer may require the need for a structure to be constructed or an existing structure to be utilized for the purposes of housing the dogs. The ACO shall request an opinion, in writing, from the Building Commissioner that the proposed or existing structure/structures and the use comply with both state and local regulations.
(f) 
Any other pertinent issues that come within the expertise and discretion of the Animal Control Officer.
(2) 
The issuance of a commercial kennel, commercial breeder kennel, or personal kennel license shall be contingent upon an inspection by the Animal Control Officer to ensure that the basic standards of cleanliness and proper care and confinement of said dogs exists on the premises, and the maintenance of a kennel will not result in a health hazard or be injurious to the health of the neighbors by reason of prospective noise or otherwise.
B. 
A special permit for a commercial kennel or commercial breeder kennel must meet the provisions and requirements of the Marion Zoning Bylaw pursuant to §§ 230-7.2, 230-7.4, and 230-7.6.
C. 
The kennel license shall be issued by the Town Clerk and there shall be a fee for such kennel license, to be paid by the owner. All fees under this section shall be determined by the Select Board and may be changed from time to time as it deems appropriate.
[Amended 5-10-2021 ATM by Art. 44]
D. 
A kennel license shall be in lieu of any other license required for a dog, for the period of time the dog is kept in such kennel per MGL c. 140, § 137A. The owner or keeper of such kennel shall renew the license prior to the commencement of each succeeding license period.
E. 
While at large, each dog in a kennel shall wear a collar or harness with a tag securely attached. The tag shall have the number of the kennel license, the name of the town that issued the kennel license, and the year that the license was issued. Such tag shall be in the form prescribed and furnished by the Town Clerk and shall be issued by the Town Clerk.
F. 
If a kennel owner desires to increase the capacity of his/her kennel during a license period, or its use, he/she shall apply to the Town Clerk with a new kennel application.
G. 
The Town Clerk shall issue, without charge, upon written application and written approval of the Board of Appeals, a kennel license to any domestic charitable corporation, incorporated in the commonwealth, exclusively for the purpose of protecting animals from cruelty, neglect, or abuse or for the relief of suffering except for commercial kennels which shall require compliance with § 230-7.4 of the Zoning Bylaw, provided that there is compliance with the terms and conditions of this chapter.
H. 
A veterinary clinic, office, or hospital shall not be considered a kennel unless it contains an area for the grooming or selling of dogs, or for the boarding of dogs for other than medical or surgical purposes. If it is considered a kennel, the owner or keeper shall, before the Town Clerk issues such license, provide the Town Clerk with the written approval of the Board of Appeals or special permitting authority.
I. 
All holders of kennel licenses shall notify the Town Clerk, in writing, of the sale of any dog or puppy, which includes the description of the animal, the age, color, breed, identifying marks, sex, and whether the dog has been spayed or neutered. The kennel owner shall forward a copy of such notice to the clerk of the city or town in which the new owner of the dog resides.
A. 
Whoever violates any provision of § 109-9 or § 109-10 of these rules and regulations shall be punished by a fine of not less than $25 per dog, which shall be paid to the Town.
[Amended 10-19-2021 STM by Art. 12]
B. 
If any person refuses to answer, or answers falsely, questions of a police officer or an Animal Control Officer, pertaining to his/her ownership of a dog, he/she shall be punished by a fine which shall be paid to the Town. The Town Clerk maintains the current list of fees and fines.
C. 
If the dog as to which any violation occurs was unlicensed at the time of such violation, a fine shall be paid by the owner to the Town, and the owner or keeper of such dog will be required to immediately procure all delinquent licenses and tags, as well as the current license and tag. The Town Clerk maintains the current list of fees and fines.
D. 
Violations of any order of the Select Board under this article and MGL c. 140, § 157, subject the owner to fines and noncriminal proceedings under this section of the bylaw and MGL c. 40, § 21D.
[Amended 5-10-2021 ATM by Art. 44]
A. 
Violation of any substantive provisions of this chapter shall be grounds for the revocation of a license issued for a kennel pursuant to this chapter. The Town Clerk may revoke or suspend any license upon receiving a written directive from the Select Board that was based on information concluding a kennel is operating in violation of this chapter from the Animal Control Officer or the Chief of Police or his/her designee. Prior to such revocation, the Select Board shall hold a public hearing during which the kennel licensee shall have been offered, in writing, an opportunity to be heard. In such case of suspension of said license, the Select Board may reinstate such kennel license and impose conditions and regulations upon the operation of the kennel.
[Amended 5-10-2021 ATM by Art. 44]
B. 
If an applicant is shown to have withheld or falsified any material information on the application, the Town Clerk may refuse to issue or may revoke a license.
C. 
The Animal Control Officer or the Chief of Police of the Town of Marion or other persons authorized under the General Laws may at any time inspect or cause to be inspected any kennel, and if, in his or her judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the Select Board shall by order revoke or suspend such license. In the case of suspension, the Select Board may reinstate such license and impose conditions and regulations upon the operation of said kennel.
[Amended 5-10-2021 ATM by Art. 44]
D. 
Upon the petition of 25 or more citizens filed with the Select Board setting forth they are aggrieved or annoyed to an unreasonable extent by one or more dogs at a kennel located in Town, because of excessive barking, vicious disposition or vicious actions or any other conditions connected with the kennel that constitute a public nuisance, the Select Board shall, within seven days of the filing of such petition, give notice to all parties concerned of a public hearing to be held within 14 days after the date of such notice. The Select Board shall, within seven days, after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order, either suspend or revoke the kennel license, otherwise regulate the kennel, or dismiss the petition. Written notice of any order under this section revoking, suspending or reinstating a license shall be mailed forthwith to the office issuing such license and to the holder of the license.
[Amended 5-10-2021 ATM by Art. 44]
E. 
Any person maintaining a kennel after the license has been so revoked, or while such license is so suspended, shall be charged a fee of $50 per day up to $250 (MGL c. 140, § 137C).