[Adopted 5-3-1999 ATM by Art. 47; amended 5-1-2017 ATM by Art. 46; 5-6-2019 ATM by Art. 45]
As used in this Chapter, the following terms shall have the meanings indicated:
HUMANE
Provision of proper food and water, shelter or protection from the weather, veterinary attention needed to reduce or end suffering from disease or injury, a sanitary environment, facilities which are of sufficient size and design as to allow the animal to stand, sit, lie down, turn around, and make other normal postural adjustments without obstruction, interference, or impediment by the presence of food, water bowls, equipment, or other animals, have an appropriate ambient temperature, and the absence of inhumane treatment. Inhumane treatment shall include willfully permitting an animal to be subjected to unnecessary torture, suffering or cruelty, to subject, cause or procure an animal to be tortured or tormented, to be cruelly killed, beaten or mutilated, ineffective measures to prevent the infestation of animals and premises by parasites, insects or vermin, and to be subjected to cruel and inhumane chaining or tethering at any time, which shall include filthy and dirty confinement conditions including, but not limited to: 1) exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog’s physical or emotional health, 2) taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog, and 3) subjecting a dog to dangerous conditions, including attacks by other animals.
INSPECTION AUTHORITY
The Chief of Police, the Animal Control Officer or the agent of any of these.
KENNEL
A pack or collection of dogs on a single premise, including a Commercial Boarding or Training Kennel, Commercial Breeder Kennel, Domestic Charitable Corporation Kennel, Veterinary Kennel, or Personal Kennel, as defined in Section 136A of Chapter 140 of the Massachusetts General Laws.
KENNEL LICENSE
An annual license permitting a kennel to operate within the Town, issued to a kennel that has demonstrated compliance with the requirements of this section.
LICENSE PERIOD
The time between April 1 and the following March 31, both dates inclusive.
SANITARY
Conditions which include the interior and exterior floors and all animal contact areas which are smooth, impervious to water and are cleaned and sanitized as often as necessary to maintain sanitary conditions and free of animal wastes, provided that outdoor areas may have a floor of animal-appropriate gravel which is maintained and cleaned on a regular schedule consistent with the maintenance of sanitary conditions, and facilities which are maintained in good repair and kept clean at all times so as to protect animals from disease and injury.
A. 
License. No person or entity shall operate a Kennel within the Town without first obtaining a Kennel License from the Town Clerk in accordance with the provision of this Chapter. The license shall reflect the maximum number of dogs to be permitted in the Kennel.
B. 
Expiration and fee. The Town Clerk shall determine the amount of the non-refundable fee for a Kennel License for each License Period; provided, however, that there shall be no fee for a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering; and provided, further, to determine the amount of a license fee, a dog under the age of six (6) months shall not be counted in the number of dogs kept in a Kennel.
C. 
Inspection. The Town Clerk shall not issue or renew a Kennel License of any type until the Kennel has passed inspection by the Animal Control Officer or a designee thereof in accordance with Section 62-7.E.
D. 
Number of permitted dogs. The Animal Control Officer or agent shall place a cap on the number of dogs permitted in any Kennel, not to exceed the maximum number of dogs that the Kennel can store in a humane and sanitary manner and the number of dogs permitted in the kennel pursuant to any special permit issued pursuant to the Zoning Bylaw, whichever is less.
E. 
Tags. Tags shall be furnished to a licensee by the Town Clerk in the exact number of dogs specified by the Animal Control Officer and reflected on the license. Such tags shall bear the name of the Town, the license number, and year of issuance.
F. 
Animal Control Officer. The Animal Control Officer may designate an agent to whom the Animal Control Officer may delegate any of the responsibilities contained in this Bylaw.
A. 
Form. Any person or entity seeking a Kennel License or renewal or reinstatement thereof shall complete and submit to the Town Clerk a Kennel License application, in a form prescribed by the Town Clerk.
B. 
Deadline. Applications for renewal shall be submitted by February 1 in order to ensure timely renewal.
C. 
Inspection. Upon receipt of a completed application, the Town Clerk shall notify the Animal Control Officer, who shall cause an inspection of the Applicant’s Kennel to be conducted in accordance with Section 62-7.E. For renewal applications, the Animal Control Officer shall cause the inspection to be made prior to the expiration of the existing license, provided that the Applicant submitted a timely Application as provided in Subsection (B) above.
D. 
Qualifications. No person or entity shall be given a Kennel License or tag during a period of five (5) years from the date of being found guilty or penalized for a violation of any provision of Section 77, Section 80½, Section 94, or Section 95 of Chapter 272 of the Massachusetts General Laws. Any such license and tag so issued shall be void and shall be surrendered to the Town Clerk. No fee received for a license or tag made shall be refundable.
E. 
Issuance. The Town Clerk shall review the complete Application and the Animal Control Officer’s report. A Kennel License shall be issued if the Kennel has passed the inspection in accordance with Section 62-7.E.
A. 
Kennels must be operated and maintained in a sanitary and humane manner.
B. 
The following types of documentation shall be maintained at the Kennel and available for inspection:
(1) 
The name and address of the owner of each dog kept in the Kennel, other than dogs belonging to the person maintaining the Kennel;
(2) 
The name and address of persons who have purchased dogs from the Kennel;
(3) 
Staff training records and materials;
(4) 
All contracts for goods or services provided in connection with the Kennel’s operation;
(5) 
Organizational policies relating to animal care, intake, veterinary treatment, adoption and euthanasia; and
(6) 
All records pertaining to prior kennel licenses including, but not limited to, copies of prior years’ kennel licenses, inspection reports prepared by any Inspection Authority, and documentation of any suspensions and/or revocations of kennel licenses.
C. 
The holder of a Kennel License shall cause each dog kept in its Kennel to wear, while in the Kennel, a collar or harness of suitable material to which a tag shall be securely attached.
D. 
Each Kennel shall prominently display on an interior wall of the Kennel a copy of the Kennel License.
A. 
The Inspection Authority may inspect any Kennel or its records at any time for compliance with the provisions of this Chapter and applicable statutes and to determine if a Kennel is being maintained in a sanitary and humane manner and if records are properly kept, in accordance with applicable law. Such inspection shall include, at a minimum, an examination of the following:
(1) 
The records identified in Section 62-7.D.B.
(2) 
Inquiry with the Hopkinton Fire Department, Inspectional Services, Board of Health, and Police Department to ensure that any applicable requirements of those departments have been met; provided, however, that, in the discretion of the Inspection Authority, such inquiry may not be required for Personal Kennels.
(3) 
A review of the Kennel’s prior kennel license(s), if any. If any prior kennel license has been suspended or revoked, the Inspection Authority shall review that suspension or revocation determination and require the applicant to provide evidence demonstrating that the reasons for the suspension or revocation have been adequately addressed.
B. 
A Kennel shall pass inspection only if the Inspection Authority determines that the kennel is being maintained in a sanitary and humane manner and its records are properly kept. If a Kennel has previously had its kennel license suspended or revoked, it shall not pass inspection unless the Inspection Authority makes a determination that the reasons for the suspension or revocation have been adequately addressed and that the proposed Kennel has been brought into compliance with the requirements of this Section and applicable state statutes.
A. 
Every license and tag held by any person found guilty of, or penalized in any manner for, a violation of any provision of Section 77, Section 80½, Section 94, or Section 95 of Chapter 272 of the Massachusetts General Laws shall be void, and shall forthwith be surrendered to the Town Clerk.
B. 
No fee received for a license and tag made void pursuant to this section shall be refunded to the holder.
A. 
Denial. If the Town Clerk denies a Kennel License application or renewal application, the Applicant may request a reinspection of the Kennel after reasonably demonstrating to the Animal Control Officer that the proposed Kennel has been brought into compliance with the requirements of this Section and applicable state statutes. The Animal Control Officer shall then make a report to the Town Clerk, who shall, within a reasonable time, review the application in accordance with Section 62-7.C.
B. 
Suspension and revocation.
(1) 
Inspection authority. If the Inspecting Authority determines that a Kennel is not being maintained in a sanitary or humane manner or if records are not properly kept, the Select Board or Animal Control Officer may revoke or suspend the Kennel License. Depending on the severity of the offense, a license may be suspended or revoked on a first violation of applicable laws or this Bylaw.
(2) 
Citizen initiation and select board hearing.
(a) 
Twenty-five (25) residents of the Town may file a petition for hearing with the Select Board stating the reasons that they believe that suspension or revocation of a Kennel’s license is warranted.
(b) 
Within seven (7) days of the filing of such petition, the Select Board shall give notice to all interested parties of a public hearing concerning the petition, to be commenced within fourteen (14) days after the date of such notice.
(c) 
Prior to the close of the public hearing, the Select Board may cause the Inspecting Authority to inspection of the Kennel or its records by the Board’s designee.
(d) 
At the conclusion of the public hearing, the Select Board may suspend or revoke the Kennel License, or may take such other action to regulate the Kennel as it deems prudent, or may dismiss the petition. Depending on the severity of the offense, a license may be suspended or revoked regardless of whether there have been prior violations of applicable laws or this Bylaw.
(e) 
The Select Board shall cause written notice of any order issued pursuant to this section to be provided immediately to the holder of the Kennel License and the Town Clerk.
(3) 
Reinstatement after suspension. If a Kennel License is suspended, the Kennel License holder may apply for reinstatement after the close of the suspension period by requesting a reinspection of the Kennel or its records after reasonably demonstrating to the Animal Control Officer that the Kennel has been brought into compliance with this Section and all other applicable state and local requirements, and that the Kennel Licensee has satisfied the terms of the suspension order. The Animal Control Officer shall then make a report to the Town Clerk, who shall, within a reasonable time, review the application in accordance with Section 62-7.C.
(4) 
Reinstatement after revocation. If the Kennel License is revoked, the owner may apply for a new Kennel License no sooner than three (3) years after the effective date of the revocation.
C. 
Reinspection. The Town Clerk may set fees for reinspections performed pursuant to this Section.
A. 
Any person or entity who holds a Kennel License and is determined to be in violation of this Section or any law or regulation pertaining to such license shall be subject to the following penalties:
First violation: $50
Second violation: $200
Third and subsequent violations: $300
Each day that such violation continues shall be deemed to be a separate violation and be subject to the above penalty. If the violation results from failure to comply with the limitation on the number of dogs permitted within the Kennel, the fine for such violation shall be $50 per dog beyond the permissible limit.
B. 
Any person or entity maintaining a Kennel after revocation or during suspension of a license shall be punished by a fine of $250.
C. 
In lieu of the penalties set forth in Subsection 62.7-H.A., violations of this Section may be addressed in accordance with the provisions of MGL c. 40, § 21D, and Ch. 1, Art. II, Noncriminal Disposition, of the General Bylaws of the Town of Hopkinton.