Town of Belmont, MA Article 2 Animals

[Adopted as § 20.11 and Art. 28 of the 1981 Bylaws; amended in its entirety 5-5-2014 ATM, approved 9-21-2014]

§ 60-200 Pets and other animals.

A. Licensing of dogs and cats. No person shall own or keep a dog or cat, six months of age or older, within the Town unless a license for such dog or cat is obtained from the Town Clerk. The license period shall be from January 1 through December 31; provided, however, that all applications for license renewals shall be submitted by March 15 of each year, or the licensee may be subject to late fees. Nonrefundable license and late fees shall be established from time to time by the Town Clerk, unless Town Meeting approval is required pursuant to MGL c. 140, § 139, or other applicable law. License fees for dogs and cats owned or kept by residents who are age 60 or older shall be at a discounted rate of at least 25% less than the established fee. All license fees shall be waived for dogs and cats that serve as service animals as defined by the Americans with Disabilities Act or regulations promulgated thereunder. Not more than three dogs over three months of age shall be kept in any household without complying with the kennel licensing provisions set forth in § 60-205. All dogs and cats are required to wear their license tags at all times.

(1) No dog or cat six months of age or older shall be licensed unless a valid rabies vaccination certificate is presented to the Town Clerk at the time of licensing.

(2) No dog or cat six months of age or older shall be licensed unless there is presented to the Town Clerk at the time of licensing either:

(a) Proof that the dog or cat has been spayed or neutered;

(b) A statement signed by a veterinarian stating why spaying or neutering has been delayed; or

(c) A statement signed by the owner or keeper of the dog or cat that a decision has been made not to spay or neuter the dog or cat.

(3) A special breeder's license shall be obtained for any dog or cat with respect to which a statement is presented that a decision has been made not to spay or neuter pursuant to § 60-200A(2)(c).

B. The owner of any dog or cat that is sold or given away, or whose custody is otherwise transferred, to any other resident of the Town shall obtain from the Town Clerk and furnish to such other resident a copy of this section of the General Bylaws or a summary thereof.

C. No person who owns, keeps or controls a dog shall allow the dog to run free when not restricted to the premises of said person, except as permitted by the Board of Health. Except as otherwise provided in this section, such dogs shall be leashed and curbed when off such premises.

D. Removal of feces.

(1) Each person who owns, keeps or controls a dog within the Town shall remove and dispose of any feces left by such dog on any sidewalk, street, park or other public area or on any private property that is not owned or lawfully occupied by such person.

(2) No person who owns, keeps or controls a dog within the Town shall permit such dog to be on any sidewalk, street, park or other public area unless such dog is accompanied by a person carrying a device that is suitable for picking up and containing feces, unexposed to such person and to the general public.

(3) For purposes of this subsection, feces may be disposed of only at a place suitable and regularly reserved for the disposal of human feces or otherwise designated as appropriate by the Board of Health.

(4) Subsection D(1), (2) and (3) of this subsection shall not apply to a dog accompanying any person who, by reason of a handicap, is physically unable to comply with their requirements.

[Amended 5-4-2015 ATM, approved 8-2-2015]

E. No person within the Town shall possess, maintain, propagate, cultivate or deal in wild or exotic animals within the meaning of MGL c. 131, § 23, unless notice thereof has been filed with the Board of Health and all permits required by said § 23 or otherwise have been obtained.

F. No person within the Town shall feed any wild animals, including, without limitation, ducks, geese and raccoons, or any homeless dogs or cats, except birds through freestanding bird feeders or bird feeders attached to a private residence. Persons feeding their own domestic animals shall do so only in a sheltered space inaccessible to wild or roaming animals. This subsection shall not apply to the feeding of homeless dogs or cats if done in a sheltered place inaccessible to wild or roaming animals with the express purpose of befriending the dog or cat in order later to have it vaccinated, spayed or neutered, and ultimately adopted.

G. Nuisance or dangerous dogs or other animals.

(1) No person shall permit any dog, cat or other household pet that by biting, barking, howling, scratching or crying, or in any other manner, disturbs the peace and quiet of any neighborhood, destroys private property, endangers the safety of any person, or otherwise acts as a nuisance or dangerous dog as defined by MGL c. 140, § 136A.

(2) The Animal Control Officer, or any other Town officer tasked with the enforcement of this section, shall respond to complaints and reports of a violation of Subsection G(1).

(3) All bites by dogs, cats, other domestic animals or wild or exotic animals shall be reported to the Board of Health and the Animal Control Officer by the person bitten or by the owner or keeper of the animal, as soon as possible after the incident.

(4) Any person, including the Animal Control Officer, may make a complaint to the Board of Health, the Town's Hearing Authority pursuant to MGL c. 140, concerning a nuisance or a dangerous dog as defined by MGL c. 140, § 136A. Upon the receipt of such a complaint, the Board of Health shall conduct a public hearing to gather evidence and testimony with respect to the allegation made in the complaint. At the close of the public hearing and after deliberation, the Board of Health may dismiss the complaint, or deem the dog a nuisance or dangerous dog. If the Board of Health deems the dog a nuisance or a dangerous dog, it may order any of the remedies available to it under MGL c. 140, § 157.

H. The operator of a motor vehicle that strikes and injures or kills a dog or cat within the Town shall report such incident to the owner or keeper of such dog or cat or to a police officer of the Town.

I. Except as the Board of Health may otherwise permit, no dogs, except those dogs that serve as service animals as defined by regulations issued pursuant to the Americans with Disabilities Act, 28 CFR 35.104, will be allowed in the following areas of the Town: all cemetery land, all public school playgrounds and athletic fields and all Recreation Department playgrounds and athletic fields. Nor may any dog be allowed inside food establishments, retail businesses or public buildings.

[Amended 5-4-2015 ATM, approved 8-2-2015]

J. Violations of this section shall be disposed of, in the discretion of the Board of Health, either in the manner provided in § 40-220E or, if applicable, pursuant to the provisions of MGL c. 140, § 173A. For all violations of this section other than violations of the licensing subsections, a noncriminal citation will be issued on the following schedule: first offense, $50; second offense, $100; third offense, $300; fourth and each succeeding offense $500. Any violation of the licensing subsections shall result in a fine of $50 per such violation and, for violations continuing 30 days past licensing deadlines, an additional fine of $100 per such violation.

[Amended 4-29-2019 ATM, approved 9-5-2019]

§ 60-205 Kennels.

[Amended 5-4-2015 ATM, approved 8-2-2015; 4-29-2019 ATM, approved 9-5-2019; 10-20-2025 STM, approved 2-11-2026]

A. Definitions. As used in this § 60-205, the following words and terms have the following meanings:

ANIMAL CONTROL OFFICER

An individual appointed by the Select Board as an animal control officer pursuant to MGL c. 140, § 151.

APPLICANT

A Person applying for a Kennel License.

KENNEL

A pack or collection of dogs on a single property, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel, or veterinary kennel, as defined in MGL c. 140, § 136A.

KENNEL INSPECTOR

An Animal Control Officer or their designee, the Police Chief or their designee, or the Select Board or its designee.

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 § 60-205.

LICENSEE

A Person who owns and maintains a Kennel that has received a Kennel License issued by the Town Clerk.

LICENSE PERIOD

The time between January 1 and the following December 31, both dates inclusive.

MDAR

The Massachusetts Department of Agricultural Resources, and its successors.

PERSON

An individual, corporation, or business enterprise, regardless of legal form.

B. Licenses; fees; requirements; violations.

(1) No Person shall operate a Kennel within the Town without first obtaining a Kennel License from the Town Clerk, who is the licensing authority, in accordance with the provisions of this § 60-205. Possession of a Kennel License shall not demonstrate compliance with any other provision of the General Bylaws of the Town of Belmont.

(2) The Town Clerk shall determine the amount of the nonrefundable fee for a Kennel License for each License Period. The Town Clerk may charge an increased fee for applications for Kennel License renewals after March 15 for that License Period. The Town Clerk shall comply with the annual reporting provisions of MGL c. 140, § 137A(e)(1).

(3) The location and operation of any Kennel shall be appropriate for housing the number of dogs allowable under the terms of its Kennel License and shall not be detrimental to the health and safety of dogs or people.

(4) All Kennels shall be operated in a safe, sanitary, and humane condition as provided in MGL c. 140, § 137C.

(5) No Kennel that provides overnight boarding of dogs may keep more than 25 dogs for overnight stays on the premises. Dogs that are on the premises for medical or surgical treatment or observation shall not be counted in this number.

(6) No Kennel may contract with security dog firms or other businesses to board protection or security dogs, or dogs in training to be protection or security dogs on the premises. A security dog kept on the premises for the Kennel's own security purposes is permitted.

(7) Kennel operations, including the exercising of dogs, shall be in an indoor enclosed area, except that individual dogs may be exercised one at a time in the prescribed outdoor area.

(8) All Kennels shall at all times keep and maintain accurate records of the number, identities, and individual licenses of all dogs kept on the premises, the name and address of the owner of each dog kept in the Kennel (which shall be available for inspection by an Animal Control Officer or police officer) and the identities of persons who have purchased dogs from the Kennel.

(9) In addition to the requirements of this § 60-205, the provisions of § 60-200C and Article 6 of this Chapter 60 shall apply to all Kennels.

(10) Pursuant to MGL c. 140, § 137C, a Person who maintains a Kennel after the Kennel License has been revoked or suspended shall be assessed a fine by the Town Clerk of not more than $250 for a first offense, by a fine of not less than $500 for a second offense, and by a fine of not more than $1,500 for a third or subsequent offense. Any other violation of this § 60-205 shall result in a fine of $500 for a first offense, and a fine of $1,000 for a second or subsequent offense. Violations shall be administered in accordance with the provisions of MGL c. 140, §§ 137A-137C and 174G.

C. Application process: license issuance; renewals; reinstatements.

(1) Any Person seeking a Kennel License, renewal, or reinstatement shall complete and submit a Kennel License application to the Town Clerk. The application shall include a statement that the Applicant acknowledges receipt of a copy of the provisions of this § 60-205 and agrees to comply with all applicable provisions, as well as with the provisions of MGL c. 140, §§ 137A-137C and 174G.

(2) Upon receipt of a completed application, the Town Clerk shall notify the Animal Control Officer, who shall inspect the Applicant's Kennel as provided in § 60-205D. The Town Clerk shall also give notice of the application to direct abutters to the proposed Kennel location and provide those abutters 14 days to submit written comments on the application.

(3) No Kennel License shall issue or be renewed until the Kennel passes inspection by the Town's Animal Control Officer.

(4) The Town Clerk shall review the completed application, all comments received within 14 days of the notice to abutters given pursuant to § 60-205C(2), and the Animal Control Officer's report. The Town Clerk shall determine whether the proposed Kennel is in compliance with the requirements of this § 60-205 and MGL c. 140, § 137C, and, if so, shall issue a Kennel License to the Applicant. If the Town Clerk finds that the proposed Kennel is not in compliance with such requirements, the Town Clerk shall deny the application and state the reasons for such denial.

(5) Any application for renewal of a Kennel License shall be submitted to the Town Clerk on or before March 15 for that License Period.

D. Inspections.

(1) Every Kennel shall be inspected annually (and may be inspected at any time) by a Kennel Inspector to ascertain whether the Kennel complies with the requirements of this § 60-205 and applicable state statutes and regulations. Inspection by the Animal Control Officer pursuant to § 60-205C(3) for issuance, reinstatement, or renewal of a Kennel License shall also satisfy this requirement for annual inspection.

(2) If a Licensee or Applicant refuses to allow a Kennel Inspector to enter and inspect a Kennel, the refusal shall be grounds for denial, suspension, or revocation of the Kennel License.

(3) An inspection of a Kennel shall take place between the hours of 7:00 a.m. and 7:00 p.m., unless an alternate time is mutually agreed upon by the Kennel Inspector and the Licensee or Applicant. The Licensee, Applicant, or an authorized agent of the Licensee or Applicant shall be present during the inspection.

(4) If a Kennel is located at a private residence, only the areas of the private residence that are used for Kennel purposes or for the maintenance of Kennel records shall be required to be available for inspection.

E. Suspension or revocation of Kennel License; reinspections.

(1) If the Town Clerk denies a Kennel License application or renewal application, or a Kennel License is suspended, the Licensee, former Licensee, or Applicant may reapply after reasonably demonstrating to the Animal Control Officer that the proposed Kennel has been brought into compliance with the requirements of this § 60-205 and applicable state statutes and regulations. The Animal Control Officer shall thereafter, as soon as is reasonably practicable, inspect the proposed Kennel and make a report to the Town Clerk, who shall, within a reasonable time, review the application in accordance with § 60-205C. The Town Clerk may set fees for inspections performed pursuant to this § 60-205E(1).

(2) If any Kennel Inspector determines that a Licensee is not maintaining the Kennel in compliance with this § 60-205 and applicable state statutes and regulations, then a Kennel Inspector shall, by order and in accordance with MGL c. 140, §§ 137C and 174G, issue to the Licensee a written citation or notice that explains the noncompliant issue and requires the Licensee to come into compliance within a reasonable, specified time period. If the Licensee fails to come into compliance within the specified time period, a Kennel Inspector shall revoke or suspend the Kennel License.

(3) If a Kennel License is revoked, the Licensee may apply for a new Kennel License in accordance with § 60-205C. The Town Clerk may set fees for reinspections performed pursuant to this § 60-205C.

F. Petitions to declare a Kennel a nuisance. Any group of at least 25 citizens may file a petition with the Select Board setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs maintained in the Town due to excessive barking or other conditions connected with a Kennel constituting a nuisance, as provided in MGL c. 140, § 137C. Upon receiving such a petition, the Select Board shall, within seven days, give notice to all interested parties of a public hearing to be held within seven days of the issuance of the notice. Prior to the public hearing, a Kennel Inspector shall investigate and provide a report for the parties' review.

G. Each commercial boarding or training kennel shall report promptly to the Town Clerk all injuries to animals or people that occur on their premises and shall comply with all reporting deadlines and procedures as established by MDAR. All reports not investigated by MDAR shall be investigated by the Town Clerk or their designee, who shall be considered a Kennel Inspector for purposes of carrying out this inspection.

H. Enforcement pursuant to MGL c. 140, § 174G, may be appealed within 21 days to the district court in the judicial district in which Belmont is located.