(C0220-14; amended as part of October 2021 update)
This article is adopted pursuant to the authority of MGL c.140, §§136A to 174F, inclusive, and any other relevant statutes and regulations promulgated pursuant thereto. The purpose of this article is to establish regulations for the keeping of dogs and the control of animals in the City of Everett. The definitions of words and terms used in this article shall be as set forth in MGL c.140, §136A unless the context requires otherwise:
“Adoption”
means the delivery of a cat or dog to a person 18 years of age or older for the purpose of taking care of the dog or cat as a pet.
“Animal control officer”
means an appointed officer authorized to enforce MGL c.140, §§137 to 174F, inclusive.
“Attack”
means aggressive physical contact initiated by an animal.
“Commercial boarding or training kennel”
means 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.
“Commercial breeder kennel”
means an establishment, 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.
“Commissioner”
means the Commissioner of Agricultural Resources.
“Dangerous dog”
means a dog that either: (1) without justification, attacks a person or domestic animal causing physical injury or death; or (2) 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.
“Department”
means the Department of Agricultural Resources.
“Domestic animal”
means an animal designated as domestic by regulations promulgated by the Department of Fish and Game.
“Domestic charitable corporation kennel”
means 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 purposes while providing veterinary treatment and care.
“Euthanize”
means to take the life of an animal by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia.
“Hearing authority”
means the police chief or his designee.
“Keeper”
means a person, business, corporation, entity or society, other than the owner, having possession of a dog.
“Kennel”
means 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.
“License period”
means the period of time for which a municipal licensing authority prescribes the validity of a dog license, including the date of issuance of the license through the date on which the license expires, inclusive.
“Licensing authority”
means the City Clerk.
“Livestock” or “fowl”
means a fowl or other animal kept or propagated by the owner for food or as a means of livelihood, deer, elk, cottontail rabbit, northern hare, pheasant, quail, partridge and other birds and quadrupeds determined by the Department of Fisheries, wildlife and environmental law enforcement to be wild and kept by, or under a permit from, the Department in proper houses or suitable enclosed yards; provided, however, that “livestock” or “fowl” shall not include a dog, cat or other pet.
“Nuisance dog”
means a dog that: (1) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (2) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one’s quiet and peaceful enjoyment; or (3) has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances.
“Personal kennel”
means a pack or collection of more than 4 dogs, 3 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 or for use in legal sporting activity or for other personal reasons; provided further, that selling, trading, bartering or distributing such breeding 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 a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally-owned dog; 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 for profit.
“Research institution”
means an institution operated by the United States, the commonwealth or a political subdivision thereof, a school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, a medical diagnostic laboratory, a biomedical corporation, or biological laboratory or a hospital or other educational or scientific establishment within the commonwealth above the rank of secondary school which, in connection with any of the activities thereof, investigates or provides instruction relative to the structure or function of living organisms or to the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals.
“Shelter”
means a public animal control facility or other facility which is operated by an organization or individual for the purpose of protecting animals from cruelty, neglect or abuse.
“Veterinary kennel”
means a veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that “veterinary kennel” shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary care.
(C0220-14; C0229-20; amended as part of October 2021 update)
(a) 
The owner, keeper, or person otherwise in control of a dog shall not suffer or allow it to run at large in any of the streets or public places in the city, or upon the premises of any person other than the owner or keeper, unless the owner or occupant of such premises grants permission.
(b) 
Under no circumstances shall a dog, even on a leash, be on private property of another, unless specific permission has been granted.
(c) 
No dog shall be permitted in any public street or place within the city unless it is effectively restrained by a chain or leash not exceeding 8 feet in length, unless otherwise posted.
(C0220-14; amended as part of October 2021 update)
(a) 
Included within his/her authority to impound a dog, the animal control officer has the authority to impound a dog found running at large in violation of Section 3-2.
(b) 
The animal control officer, upon apprehending any dog, shall make a complete registry, entering the breed, color and sex of such dog, its license number, and the name and address of the owner, if known.
(c) 
If the owner of an impounded dog is known, such owner shall be given notice of the impounding. Such owner may reclaim the dog upon payment of a twenty-five dollar ($25.00) administrative fee, together with any unpaid license fees, late fees, and fines, as well as the reasonable costs incurred by the city for impounding and maintaining the dog.
(C0220-14; amended as part of October 2021 update)
(a) 
The owner, keeper or person otherwise in control of a dog shall immediately pick up and properly dispose of any feces left by such dog on any street, sidewalk, or other public area, or on any private property that is not owned or occupied by such person.
(b) 
Any person who takes a dog onto a street, sidewalk, or other public place shall carry a container, tool, implement or other device to be used for picking up and containing dog feces and the person shall dispose of said dog feces in a designated receptacle or otherwise properly.
(c) 
The provisions of this section shall not apply to a person who employs a “service dog” as defined by the Americans with Disabilities Act or regulations promulgated thereunder.
(C0220-14)
The owner, keeper, or person otherwise in control of a dog shall not cause or permit a dog:
(a) 
To be unrestrained as required by Section 3-2;
(b) 
To be unlicensed when a license is required by law.
(c) 
To be without current license and rabies vaccination tags when off the owner’s property.
(d) 
To bite, physically injure, assault or threaten any person, without legally recognized justification or provocation.
(e) 
To bite or physically injure any domestic animal, without legally recognized justification or provocation.
(f) 
To chase any motorist, bicyclist, or pedestrian on any public way, street, or sidewalk or in any public place.
(g) 
To be off the property where the dog resides, if subject to a confinement order.
(h) 
To be off the property where the dog resides, unmuzzled, if subject to a muzzle order.
(i) 
To disturb the peace and quiet enjoyment of any residential neighborhood by continuous or repeated barking, yelping, howling, or whining, without legal justification.
(j) 
To be present on school or cemetery property.
(C0220-14; amended as part of October 2021 update)
The police chief or his designee may order a dog confined to the premises where it resides or to other premises or to be muzzled when off said premises if he finds, after a hearing that the dog has:
(a) 
Bitten, physically injured or assaulted any person, without legally recognized justification or provocation;
(b) 
Bitten or physically injured any domestic animal, without legally recognized justification or provocation; or
(c) 
Chased any motorist, bicyclist or pedestrian on any public way, street, or sidewalk or in any public place on at least 2 occasions.
Said order may be in addition to or in lieu of any fine authorized by Section 3-7. Nothing in this section shall preclude the police chief from utilizing the procedure contained in MGL c. 140, §57, as amended by Chapter 193 of the Legislative Acts of 2012, 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.
(C0220-14; amended as part of October 2021 update)
The owner, keeper and/or person otherwise in control of a dog shall be subject to a fine for each violation of this article as follows:
(a) 
For a violation of Section 3-5(d) or (e):
(1) 
First offense: $100.00.
(2) 
Second offense: $200.00.
(3) 
Third and subsequent offense: $500.00.
(b) 
For all other violations of Section 3-5:
(1) 
First offense: $50.00.
(2) 
Second offense: $100.00.
(3) 
Third and subsequent offense: $150.00.
(c) 
For a violation of Section 3-4:
(1) 
First offense in any calendar year: $50.00.
(2) 
Second offense in any calendar year: $100.00.
(3) 
Third and subsequent offense in a a calendar year: $150.00.
In the case of a continuing offense, each day shall constitute a separate violation.
(C0220-14; amended as part of October 2021 update)
The animal control officer shall maintain a record of all tickets issued which remain unpaid, and submit a quarterly report thereof to the city treasurer/collector for inclusion in the list of municipal charges liens in the event the liable party owns real property in the city.
(C0220-14; amended as part of October 2021 update)
(a) 
The provisions of this article are intended to be in addition to and not in lieu of those contained in MGL c.140, §§136A, et seq., as amended by Chapter 193 of Legislative Acts of 2012.
(b) 
Nothing contained in this article shall deprive the city from employing the remedies provided in those sections, including but not limited to disposition of a dog found to be a dangerous dog or nuisance dog, as provided in MGL c.140, §157, as amended.
(c) 
to the maximum extent possible, the provisions of this article shall be deemed to be consistent with and/or supplemental to those contained in MGL c.140, as provided in §§173 and 173A, as amended.
(C0220-14)
Any person owning, harboring or having custody (keeper) or control of a dog shall license said dog annually for the period beginning January 1st of each year. Renewal of licenses must be obtained by March 15th of the following year. If a dog remains unlicensed after March 15th, the owner shall be fined the sum of $5.00 in addition to the original license fee.
(C0220-14)
The owner or keeper of a dog six months old or over shall cause it to be registered, numbered, described and licensed with the City Clerk. Proof of rabies vaccination shall be shown at the time of issuing the license.
(C0220-14; amended as part of October 2021 update)
Fees for dog licenses, except as otherwise provided, shall be as follows:
(a) 
Ten dollars ($10.00) for every spayed or neutered dog; or
(b) 
Fifteen dollars ($15.00) for every intact (unspayed or unneutered) dog.
There shall be no licensing fee for “service dogs” as defined by the Americans with Disabilities Act or regulations promulgated thereunder. Proof of spaying or neutering shall be shown at the time of licensing.
(C0220-14)
(a) 
Every owner issued a license in accordance with the provisions of M.G.L. c. 140, § 137, for a dog owned or kept within the City will also receive an identification tag from the City Clerk’s office.
(b) 
The identification tag shall be a durable tag stamped with an identifying number and of a particular color to signify the specific year of issuance.
(c) 
Tags will be so designed that they may conveniently be fastened to the dog’s collar or harness.
(d) 
Dogs must wear identification tags at all times when the animal is off the premises of the owner.
(e) 
The City Clerk shall maintain a record of the identifying numbers and shall make this record available to the public.
(f) 
The charge for replacing lost dog tags shall be $10.00.
(C0220-14)
The fee for each kennel license shall be as follows:
(a) 
Fifty dollars for kennels with four dogs or less;
(b) 
One hundred dollars for kennels with five to 10 dogs;
(c) 
Two hundred dollars for kennels with 11 dogs or more, but not more than 25 dogs;
(d) 
Three hundred fifty dollars for kennels with 26 dogs or more.
(C0220-14; amended as part of October 2021 update)
Regular kennel inspections shall be conducted no less than twice each year by the animal control officer. All such inspection records shall be kept on file at the police department.
(C0220-14; amended as part of October 2021 update)
(a) 
A dog which has been kept by the animal control officer or its agent or designee for 10 days and remains unclaimed shall become available for adoption. A dog adopted from a pound or shelter may be sold for not less than twenty-five dollars ($25.00). Monies so received shall be paid forthwith to the city treasurer/collector. A condition of sale, before delivery of any dog so sold, shall require the purchaser to license the dog and certify in writing the intention to spay or neuter the animal within 90 days.
(b) 
Dogs not claimed by their owners within 10 days or adopted shall be turned over to the shelter to provide services as they see fit. If the shelter determines that the dog must be disposed of, it shall do so in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia.
(c) 
No animal impounded by the city shall be sold or given away for the purpose of experimentation or vivisection.
(C0220-14; amended as part of October 2021 update)
The police chief and his designee, including the animal control officer, and any city police officer shall have authority to enforce the provisions of this article. Any alleged violation of this article may, in the sole discretion of the enforcing agent, be made the subject matter of noncriminal disposition proceedings commenced by such agent in accordance with Section 1-8.
(C0468-16)
(a) 
Owners shall provide each of their animals with sufficient good and wholesome food and water, proper and sanitary shelter, protection from the weather, veterinary care when needed to prevent suffering, and otherwise humane care and treatment.
(b) 
No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal.
(c) 
No person shall keep or place an animal in a location that would cause an unreasonable risk of injury or death to the animal.
(1) 
Leaving an animal unattended in a stationary or parked car without proper ventilation shall be prima facie evidence of keeping an animal in a location that causes an unreasonable risk of injury or death. The Animal Control Officer, and any Everett police officer, may use reasonable force to remove the animal from the vehicle, including, but not limited to, breaking the windows of the vehicle.
(d) 
No person shall cause, instigate, or permit any animal to fight, combat, or otherwise cause violence with another animal or a human.
(e) 
Where, in the opinion of an Animal Control Officer, any violation of any portion of this chapter regarding the safety or health of an animal places said animal at imminent risk of harm, the Animal Control Officer may immediately remove and impound the animal for its own protection.
(f) 
Violations.
(1) 
Any person who violates this section shall:
a. 
For a first violation: be issued a written warning, or punished by a fine of not more than $50.00;
b. 
For a second violation: be punished by a fine of not more than $100.00;
c. 
For a third or subsequent violation: be punished by a fine of not more than $300.00, and the affected animal shall be impounded.