No person shall keep more than six dogs, said
dogs being over the age of six months, at any single-family residence
within the Town of Barnstable, unless a kennel license has been first
obtained. Those persons who kept more than six dogs at a single-family
residence, said dogs being properly licensed and recorded in the Town
of Barnstable during 1992, may keep said dogs in excess of the six-dog
limit. Said dogs may not be replaced so as to exceed the six-dog limit.
Penalty for violation of this section shall be $25 per dog in excess
per day of violation
The Town Manager, or his authorized agent, may
at any time inspect or cause to be inspected any kennel and if, in
their or his judgment, the kennel is not being maintained in a sanitary
and humane manner, or if records are not properly kept as required
by law, the Town Manager may by order revoke or suspend, and in the
case of suspension may reinstate, such license. Upon written petition
of 25 residents, filed with the Town Manager, setting forth that they
are aggrieved, or annoyed to any unreasonable extent, by one or more
dogs at a kennel, because of excessive barking or vicious disposition
of said dogs or other conditions connected with such kennel constituting
a public nuisance, the Town Manager, or his authorized agent, within
seven days after the filing of such petition, shall give notice to
all parties in interest of a public hearing to be held within 14 days
after the date of such notice. Within seven days after such public
hearing the Town Manager shall make an order either revoking or suspending
such kennel license or otherwise regulating said kennel, or dismissing
said petition. The holder of such license may petition the District
Court for relief in accordance with Massachusetts General Law Chapter
140, § 137C. Any person maintaining a kennel after the license
therefor has been so revoked, or while such license is so suspended,
may be punished by a fine of $50 for each day in violation of said
revocation or suspension.
No person owning or having the care, custody
or control of any dog shall permit such dog to soil or defile or commit
any nuisance upon any sidewalk, street, thoroughfare, beach or wetland,
in or upon any public property, or in or upon the property of persons
other than the owner or persons having the care, custody or control
of such dog, unless said person picks up any such waste and disposes
of same in a sanitary manner. This section shall not apply to physically
handicapped persons in sole custody or control of said dog. The penalty
for violation of the section shall be $15 per offense.
No person owning, keeping or otherwise responsible
for a dog shall allow or permit said dog to annoy another persons
reasonable right to peace or privacy by making loud or continuous
noise, where such noise is plainly audible at a distance of 150 feet
from the building, premises, vehicle or conveyance housing said dog,
or such noise is continuous in excess of 10 minutes. The fact that
such noise is plainly audible at said distance or continuous in excess
of 10 minutes shall be prima facie evidence of a violation. The penalty
for violation of this section shall be $25 for each offense.
It shall be the policy of the Town of Barnstable
to attempt to make available for adoption those impounded dogs which
have gone unclaimed and are deemed healthy and suitable for pets.
The kennel holding a contract with the Town of Barnstable for impound
services may offer said adoption service in accordance with Massachusetts
General Laws, Chapter 140, § 139A, acting in the capacity
of a "shelter" as defined in MGL Ch. 140, § 136A. Alternatively,
the Town may place unclaimed dogs, suitable for adoption, with the
Animal Rescue League of Boston, Brewster facility, the MSPCA or other
breed-specific rescue organization. The Town of Barnstable will not
assume financial responsibility for the upkeep and boarding of said
dogs beyond the initial required ten-day holding period.
If any person shall make a complaint in writing
to the Town Manager that a dog owned or kept in the Town of Barnstable
is a nuisance by reason of vicious disposition or excessive barking
or other disturbance, the Town Manager shall cause to be investigated
such complaint, including an examination on oath of the complainant,
and may make such order concerning the restraint or disposal of such
dog as may be deemed necessary. Within 10 days after such order the
owner or keeper of such dog may petition for relief of said order
in accordance with the provisions of Massachusetts General Law, Chapter
140, § 157. Any person owning or keeping a dog subject to
any order of the Town Manager, who shall fail to comply with said
order of the Town Manager, shall be punished by a fine of $100 for
each offense. The owner/keeper of any dog subject to an order of the
Town Manager shall be responsible for any and all costs of carrying
out said order.
Unless otherwise states, violation of any provision of these regulations shall be punished by a fine not to exceed $300. The provisions of these regulations may be enforced utilizing the procedures contained in Massachusetts General Law Chapter
40, § 21D, as a noncriminal alternative. The fine for violations pursued utilizing the provisions of Chapter
40, § 21D, shall be $50 unless otherwise specified within the regulation.