This bylaw is adopted under the authority provided by, and in accordance with, the provisions of MGL c. 140, § 173, as may be amended.
[HISTORY: Adopted by the Town of Kingston as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 10 of the General Bylaws; amended 2013 ATM by Art. 31; 4-11-2015 ATM by Art. 32; 5-4-2019 ATM by Art. 35]
As used in this bylaw, the following terms shall have the meanings indicated:
An officer appointed by Board of Selectmen and authorized to enforce this bylaw.
An establishment providing kenneling and/or boarding of dogs for a limited period of time; provided, however, such kenneling and/or boarding does not include overnight accommodations.
An establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal; provided, however, that "commercial boarding or training kennel" shall not include an animal shelter or animal control facility, a pet shop licensed under MGL c. 129, § 39A, a grooming facility operated solely for the purpose of grooming and not for overnight boarding or an individual who temporarily, and not in the normal course of business, boards or cares for animals owned by others.
An establishment, other than a personal kennel, engaged in the business of breeding animals for sale or for exchange to wholesalers, brokers or pet shops in return for consideration.
The Department of Agricultural Resources.
A facility operated, owned or maintained by a domestic charitable corporation registered with the Department, or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates consistent with such purpose, providing veterinary treatment and care.
Any person, business, corporation, entity or society, other than the owner, having possession of a dog.
A pack or collection of dogs on a single premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
The Town of Kingston Town Clerk.
Any person, business, corporation, entity or society having legal ownership of a dog.
A pack or collection of more than four dogs, three months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed, use in legal sporting activity or other personal reasons; provided, further, that selling, trading, bartering or the distribution of such breed dogs from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided, further, that personal kennels shall not sell, trade, barter or distribute any dogs not bred from their personally owned dogs; and provided, further, that dogs temporarily housed at a personal kennel in conjunction with an animal shelter or rescue registered with the Department may be sold, traded, bartered or distributed if the transfer is not made for the purpose of profiting thereby.
A veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that this definition shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment, observation, or will do so only for the period of time needed to accomplish the needed veterinary care.
The Town of Kingston Building Inspector.
A.
Restraint of dogs. No dog in the Town of Kingston shall be allowed to run at large in any of the ways or public places in the Town nor upon the property of someone not his owner or keeper without the written permission of the owner or occupant. No dog shall be allowed in any public place or any land or way within the Town without effective tether designed for dogs or leash; or fenced within the bounds of the property of the owner or keeper, and under control of its owner/keeper; or unless it is confined within a motor vehicle in accordance with MGL c. 140, §§ 136A to 174F.
[Amended 5-11-2024 ATM by Art. 29]
B.
Impounding of dogs.
(1)
The following violations shall result in the apprehension and impoundment of a dog at the Town Animal Shelter or other boarding facility, approved by the Animal Control Officer, or subject to the fine in accordance with § 1-4B:
(a)
If any dog is found without a license as required by the Commonwealth of Massachusetts, MGL c. 140, § 137;
(b)
If any dog is found without the necessary vaccination of rabies, which is required by the Commonwealth of Massachusetts, MGL c. 140, § 145B;
(c)
If any dog has bitten, injured or physically molested any person or domestic animal;
(d)
If any dog is found running at large within the Town, whether or not it may be chasing any vehicle, bicycle, or person walking or running on a public way or way open to public traffic;
(e)
If any dog has caused damage to the property of other persons.
(2)
A dog impounded for any of the above reasons shall be released to its owner/keeper upon payment of violation(s) and any other applicable fees associated with boarding the dog as follows:
C.
Procedure following impoundment. When the Animal Control Officer apprehends a dog in violation, he/she must make a complete registry of the dog, including the breed if discernible, color, sex and identification tags or marks. If the dog is licensed, he shall note the name and address of the owner and shall notify that owner by mail or telephone that his/her dog has been impounded. Dogs impounded and unclaimed by the owner/keeper after a seven-day period shall be disposed of as deemed necessary and in accordance with MGL c. 140, §§ 136A to 174F.
[Amended 5-11-2024 ATM by Art. 29]
D.
Exceptions. The provisions of this bylaw, including the provisions regarding kennels, shall not prohibit the use of hunting dogs for hunting purposes during hunting seasons. It shall not prohibit the training of hunting dogs or working dogs and shall not prohibit field trials for hunting and working dogs, when conducted by a responsible person.
A.
Incorporation of MGL c.140, §§ 136A to 174F. The provisions of MGL c. 140, §§ 136A to 174F, inclusive, except as modified herein, and as may be amended, are incorporated into this bylaw relating to the regulation of dogs, including, but not limited to: dog licensing, establishing dog fees, disposition of fees, appointment of Animal Control Officers, kennel licensing and kennel regulations, procedures for the investigation of and reimbursement for damage caused by dogs, restraining of dogs and establishing penalties for a breach thereof.
[Amended 5-11-2024 ATM by Art. 29]
C.
Dog licenses.
(1)
All dogs over six months of age shall be licensed with the Town Clerk on January 1 of each year. By March 15 of each year, the Town Clerk shall cause a notice to be sent to the owner or keeper of record of any unlicensed dog. In addition to the license fee established by this bylaw, said owner or keeper shall be subject to an additional charge of $20 for each dog licensed after March 15. Whoever keeps an unlicensed dog in violation of this bylaw after April 1 shall be subject to a fine of $50. This bylaw may be enforced by the Animal Control Officer or any police officer of the Town.
[Amended 5-11-2024 ATM by Art. 29]
(2)
The Licensing Authority shall not grant a license for a dog unless the owner of the dog provides the licensing authority with a veterinarian's certification that the dog has been vaccinated against rabies, certification that such dog is exempt from the vaccination requirement under MGL c. 140, § 145B, or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog.
A.
Kennel license required.
(1)
A kennel license shall be required for all kennels, as defined herein, housing or maintaining 25 or fewer dogs at a time. Kennels shall not be permitted to house or maintain more than 25 dogs at a time.
(2)
However, a canine day-care facility located in a commercial or industrial zoned area shall be permitted to exceed 25 dogs at a time up to a maximum number of dogs for a canine day-care facility calculated under both conditions A(2)(a) and (b) as follows:
[Amended 5-4-2019 ATM by Art. 35]
(a)
There shall be at least 25 square feet of indoor animal use space for every dog at the canine day-care facility; and
(b)
There shall be at least 50 square feet of fenced outdoor animal use area for every dog at the canine day-care facility which provides protection from the weather.
(c)
A canine day-care facility shall also maintain two staff persons on the premises for every 15 dogs in the facility.
B.
Application and issuance of license and fees.
(1)
A kennel license shall be issued by the licensing authority upon the written application by an owner or keeper of dogs and after inspection and determination by the Animal Control Officer that the proposed kennel meets the conditions set forth in Subsections C and D below and inspection and determination by the Zoning Enforcement Officer that the proposed kennel meets the conditions set forth in Subsection C(2) below, as well as all applicable requirements of the Zoning Bylaw, including, where required, a special permit.
(2)
Fees.
(a)
Annual fees for kennel licenses for all kennel types and canine day-care facilities shall be as follows:
(b)
For the sole purpose of calculating kennel license fees, and for no other purpose under this bylaw, a dog under the age of six months shall not be counted.
(c)
The licensing authority shall issue a kennel license without charge to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse and for the relief of suffering among animals.
(4)
The licensing authority, in conjunction with the ACO, shall prepare forms for license applications.
C.
Conditions which must be met prior to issuance of a kennel license.
(1)
The Animal Control Officer shall determine that:
(a)
The proposed licensed premises contain sufficient and suitable space for the keeping of the dogs, including both indoor and outdoor areas; and
(b)
The proposed licensed premises for kennels housing up to 25 dogs contains a suitable shelter for the dogs, including adequate running water and an impervious floor suitable for sanitary maintenance.
(2)
The Zoning Enforcement Officer shall determine that:
(a)
The property on which kennels housing up to 10 dogs is located contains at least 20,000 square feet for each dog and, for kennels housing up to 25 dogs, the property shall contain no less than five acres; and
(b)
The proposed licensed premises for kennels housing up to 10 dogs are a minimum of 500 feet from the nearest residential dwelling and for kennels housing up to 25 dogs are a minimum of 1,300 feet from the nearest residential dwelling; and
(c)
The licensed premises comply with all aspects of the Zoning Bylaw, including regulation for fencing, setbacks, and location of kennels.
D.
Kennel license conditions. All kennel licenses shall be subject to the following conditions:
(1)
The licensee shall maintain documentation from a licensed veterinarian for each dog to establish that each dog has been examined by a veterinarian within the prior 12 months. The documentation shall be updated at least annually upon the renewal of the kennel license and payment of the annual kennel license fee.
(2)
The licensee shall maintain a certificate signed and issued by a licensed veterinarian that each dog in the kennel over six months of age has a current rabies vaccination.
[Amended 5-11-2024 ATM by Art. 29]
(4)
Licensee of a commercial boarding or training kennel or canine day-care facility shall require all dogs at such facility for boarding and/or training have a valid dog license issued by a municipality.
(5)
The licensee shall maintain compliance with the bylaws relating to noise under the Zoning Bylaw Section 6.7.3, to odor under the Zoning Bylaw Section 6.7.4 and to all other provisions of the Zoning Bylaw, including fencing, screening, enclosures, setbacks, and location of kennels.
(6)
The licensed premises shall be subject to periodic inspection by the Animal Control Officer, the Zoning Enforcement Officer, the Health Agent or their designees in order to ensure compliance with the conditions of the kennel license.
(7)
Such other conditions as may be reasonably necessary to protect the health and safety of the dogs, the owner, the staff and the neighborhood.
E.
Penalties and enforcement. The operation of a kennel without the appropriate kennel license shall be a violation of this bylaw and the General Bylaws of the Town of Kingston. In addition to the penalties provided for in § 1-4B of the Town Code, violation of any of the conditions of a kennel license as set forth in this bylaw, shall be grounds for nonrenewal, suspension or revocation of the kennel license in accordance with MGL c. 140, § 137C. The provisions of this bylaw shall be enforced by the Animal Control Officer and/or the Zoning Enforcement Officer.
F.
Appeal and waiver.
(1)
Denial of kennel license.
(b)
The Board of Selectmen shall convene a hearing on said appeal within 45 days of receipt of the written notice of the appeal. Such a hearing may be continued by the Board of Selectmen where reasonably necessary to obtain additional information.
(c)
Notice of the hearing shall be given by postage prepaid first class mail to the abutters and other persons of interest, as defined under MGL c. 40A, § 11, of the proposed licensed premises, as appearing in the Board of Assessors's most recent list, and also shall be published in a newspaper of general circulation in the Town at least 14 days prior to the date of the Board of Selectmen's hearing. The applicant shall pay the expenses of giving said notice.
(d)
After the close of the hearing, the Board of Selectmen may, in its own unfettered discretion, waive strict compliance with the provisions of Subsection C(1) and/or Subsection C(2) and order the Town Clerk to issue the license if:
[1]
The Animal Control Officer and the Zoning Enforcement Officer recommend a waiver; and
[2]
The Board of Selectmen determines that the distance between the proposed licensed premises and the nearest residential dwelling are less than that required by Subsection C(1)(b), but that there is sufficient distance between the proposed licensed premises and the nearest residential dwelling to provide suitable space for the keeping of the dogs and that the health and safety of the public is protected; and
(e)
In granting a waiver under this section, the Board of Selectmen may impose conditions on the waiver such that the health and safety of the public are protected.
(2)
Nonrenewal, suspension or revocation of kennel license. Within 10 days of receipt of a written order from the Animal Control Officer or Zoning Enforcement Officer that a kennel license has been suspended or revoked or from the licensing authority that a kennel license has not been renewed for violation of the conditions as set forth in this bylaw, Subsection C and/or Subsection D, the licensee may bring a petition in the District Court in accordance with MGL c. 140, § 137C.
A.
The Animal Control Officer shall enforce the provisions of this bylaw and, in addition, the Zoning Enforcement Officer may be the enforcing authority regarding § 115-5, Regulation of kennels.
B.
Noncriminal disposition. Violations of any provision of this bylaw may be processed pursuant to MGL c. 40, § 21D. Fines for violations shall be assessed in accordance with the Fine Schedule under Chapter 1, Article II, of the General Bylaws, with each day of continuing violation to be deemed a separate violation.
C.
Nothing in this section shall preclude the Town from utilizing the procedure contained in MGL c. 140, § 157 et seq., as may hereafter be amended from time to time, to determine that a dog is a nuisance dog or a dangerous dog and from employing one or another of the remedies specified in that statute.