[Adopted 3-11-1991 STM, Art. 4]
[Amended 5-2-2022 ATM by Art. 11]
A.
In addition to the requirements set forth in this bylaw, the licensing,
keeping and control of animals shall be in accordance with all applicable
provisions of the Massachusetts General Laws, including but not limited
to the provisions of MGL c. 140, §§ 136A to 174E, inclusive,
as may be amended from time to time, which provisions are incorporated
herein.
B.
The owner or keeper of a dog over the age of six months shall obtain
a license for the dog. The registering, numbering, describing and
licensing of a dog shall be conducted in the office of the Town Clerk.
C.
The Town Clerk shall not grant a license for a dog unless the owner
of the dog provides a veterinarian's certification that the dog
has been vaccinated in accordance with MGL c. 140, § 145B,
certification that such dog is exempt from the vaccination requirement
under said § 145B or a notarized letter from a veterinarian
that either of these certifications was issued relative to such dog.
D.
The license shall be granted upon condition that the dog shall be
controlled and restrained from killing, chasing or harassing livestock
or fowl. The owner of a dog may add descriptive words, not over 10
in number, upon the license form to indicate the color, breed, weight
or special markings of the licensed dog. The owner or keeper of a
licensed dog shall keep affixed around the dog's neck or body
a collar or harness of leather or other suitable material, to which
a tag shall be securely attached. The tag shall have inscribed upon
it the dog's license number, the name of the town issuing the
license and the year of issue. If the tag becomes lost, the owner
or keeper of the dog shall immediately secure a substitute tag from
the Town Clerk at a cost to be determined by the Town, and the fee
for the substitute shall, if received by the Town Clerk, be retained
by the Clerk unless otherwise provided by law. This section shall
not apply to a person to whom a valid kennel license has been issued.
E.
This section shall not apply to a dog or cat housed in a research
institution.
F.
Any household of more than four dogs is required to obtain a kennel
license. Any household of less than four dogs, three months old or
older, who does not maintain a kennel may elect to secure a kennel
license in lieu of licensing the dogs individually.
G.
The owner or keeper must be at least 18 years of age to obtain any
dog license.
H.
The license period for individual dog and kennel licenses is January
1 through December 31 of each year.
I.
COMMERCIAL BOARDING OR TRAINING KENNEL
COMMERCIAL BREEDER KENNEL
DOMESTIC CHARITABLE CORPORATION KENNEL
KENNEL
PERSONAL KENNEL
VETERINARY KENNEL
The term "kennel" shall as be defined in MGL c. 140, 136A, as may
be amended from time to time, as follows, and including the different
types of kennels as defined therein:
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 exchange to wholesalers,
brokers or pet shops in return for consideration.
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.
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.
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 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.
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.
[Amended 6-15-1998 ATM, Art. 33; 5-6-2013 ATM, Art. 26; 5-2-2022 ATM by Art. 11]
Licensing fees for each license period or any
portion thereof are:
A.
For any one spayed or neutered dog: $10; for any one intact dog:
$15.
C.
The owner
or keeper of unlicensed dogs or kennels will be assessed a late fee
of $25 per dog or kennel, in addition to the licensing fee, if the
owner or keeper fails to license their dog(s) or kennel by the last
day of February of each year.
[Amended 5-2-2022 ATM by Art. 11]
A.
The Animal
Control Officer or the Assistant Animal Control Officer is authorized
to enforce this bylaw and to collect any fines.
B.
In addition
to the remedies set forth herein and in MGL c. 140, §§ 136A
to 174E, inclusive, or any other applicable provision of law, this
bylaw may be enforced through any lawful means in law or in equity,
including, but not limited to, noncriminal disposition pursuant to
MGL c. 40, § 21D.
D.
Subsequent
offenses shall be determined as offenses occurring within two years
of the date of the first noticed offense. Each day or portion thereof
shall constitute a separate offense. If more than one, each condition
violated shall constitute a separate offense.
[Amended 5-2-2022 ATM by Art. 11]
The Town Clerk may retain $0.75 out of each
dog and kennel licensing fee as his/her fee for processing the license.
The remainder of the licensing fees and all fines will be retained
by the town as receipts reserved (for future appropriation, i.e.,
they will not become operating surplus).
The Town Clerk and Selectmen may review these
fees and recommend changes to a Town Meeting whenever deemed necessary.
[Amended 5-2-2022 ATM by Art. 11]
This article shall take effect on January 1,
2023, and will supersede the provisions of any existing general or
special bylaw contrary to it.
