[HISTORY: Adopted by the Town Manager of
the Town of Barnstable 5-11-1993. Amendments noted where applicable.]
B.
These regulations are intended to guide those persons
owning or keeping dogs within the Town of Barnstable in their role
as responsible pet owners. Although it is hoped these regulations
will act as an educational tool, it must also be understood that enforcement
of same is necessary to protect the rights and safety of the public.
Any owner/keeper seeking relief from any portion of these regulations
may file or appeal for same with the Town Manager.
A.
The owner or keeper of a dog kept within the Town
of Barnstable, said dog being six months of age or older, shall cause
that dog to be licensed annually. The license year shall be from July
1 to the following June 30, inclusive.
B.
The Town Clerk shall issue dog licenses and tags on
a form as prescribed by the Town Manager. The Clerk shall record for
each license issued, the name, address and telephone number of the
owner or keeper of each dog so licensed, the tag number issued, date
of last rabies vaccination, breed, age, color, or other description
of the dog. Each tag shall contain the tag number, the name "BARNSTABLE"
and the year of issue.
C.
The owner or keeper shall cause said dog to wear around
its neck or body a collar or harness to which he/she shall securely
attach the tag issued. In the event that any tag is lost, defaced
or destroyed, substitute tags shall be obtained by the owner or keeper
from the Town Clerk, at a cost of $2 each.
D.
The owner or keeper of any dog shall provide proof
of said license upon request of the Animal Control Officer, police
officers or other authorized officials.
E.
The fee for each dog licensed shall be $10, unless
a certificate of a veterinarian stating that the dog has been spayed
or neutered has been presented to the Town Clerk, in which case the
fee shall be $7. No license fee or part thereof shall be refunded
because of a subsequent death, loss, spaying or neutering, or removal
from the Town of such dog. A late fee of $5 will be assessed to individuals
who license the animal from August 1 of each year to December 31 of
each year. Any person who licenses the animal from January 1 to June
30 for the prior year will be assessed a late fee of $10. This does
not apply for newly acquired dogs or for individuals who have moved
into Town less than 30 days prior to licensing. License fees shall
be reviewed annually in accordance with the Town of Barnstable ordinances.
All dogs must be licensed every year. If a dog owner fails to license
or relicense a dog for one or more years, the dog owner must pay the
license fee and late fee for the year(s) missed, before obtaining
the current year's license.
[Amended 12-30-2005]
F.
A license shall not be issued for any dog unless the
owner or keeper provides the Clerk with a veterinarian's certificate
verifying that the dog is currently vaccinated against rabies or indicating
that, because of infirmity, other physical condition or regimen of
therapy, said vaccination is deemed inadvisable. The rabies vaccination
date shall be recorded on the license record.
G.
No fee shall be charged for a dog specially trained
to lead or serve a handicapped person, upon presentation of certification
of said training.
H.
The owner or keeper of any dog shall provide proof
of said license upon request of the Animal Control Officers, police
officers or other authorized officials.
I.
The penalty for violation of this section, in addition
to any other penalties provided by law, shall be $50. The penalty
for failure to license said dog within 30 days of notification of
violation of this section shall be $75.
J.
The provisions of this section shall not apply to
any domestic charitable corporation incorporated in the commonwealth,
exclusively for the purpose of protecting animals from cruelty, neglect
or abuse; or stray dogs housed in a kennel operated under contract
with the Town of Barnstable for the purpose of housing stray dogs;
or pet shops licensed under Chapter 129, § 39A, of the General
Laws and where otherwise provided by law.
A.
Any owner or keeper of four or more dogs, three months of age or over, may elect to secure a kennel license in lieu of licensing such dogs under § 403-2. Such license shall be in a form prescribed by the Town Manager and issued by the Town Clerk. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a kennel shall cause each dog kept therein to wear, while it is at large, a collar or harness of leather or other suitable material, to which shall be securely attached a tag upon which shall appear the number of such kennel license, the year of issue, and the inscription "BARNSTABLE." Such tags shall be in a form prescribed by the Town Manager and issued by the Town Clerk.
B.
In order to obtain a kennel license:
[Amended 2-17-2006]
(1)
The applicant must apply to site plan review, and then to the Zoning Board of Appeals to see if the property meets the requirements of § 240-27 (Service and Distribution District); and if so, under Subsection C, Conditional uses, Subsection C(2), kennels subject to § 240-125C, the Zoning Board of Appeals would grant a special permit.
(2)
Once a special permit is obtained, then the Town Manager, or his designee, shall hold a public hearing and may impose conditions or restrictions as he or she may deem necessary for the public good; since kennels are considered a commercial use, and not allowed under § 240-46, Home occupation.
(3)
Upon approval, the Manager, or his designee, will forward a notification to the Town Clerk for the license and payment of the annual fee as defined in Subsection D below. Failure of the Zoning Board of Appeals to issue a special permit as required under Chapter 240, Zoning, will cause a kennel license not to be issued at such location by the Town Clerk.
C.
The Town Manager may impose such conditions or restrictions
on the issuance of a kennel license as he deems necessary for the
public good.
D.
The fee for each license for a kennel shall be: $50
for less than 10 dogs; and $100 for 10 or more dogs; provided that,
for the purpose of determining the amount of such fee for any kennel,
dogs under the age of six months shall not be counted in the number
of dogs kept therein. The name and address of the owner of each dog
kept in any kennel, if other than the person maintaining the kennel,
shall be kept on file thereat and available for inspection by any
authorized agent of the Town Manager. The Town Clerk shall, upon application,
issue without charge a kennel license to any domestic charitable corporation,
incorporated exclusively for the purpose of protecting animals from
cruelty, neglect or abuse, and for the relief of suffering among animals.
[Amended 2-17-2006]
E.
A veterinary hospital shall not be considered a kennel
unless it contains an area for the selling or boarding of dogs for
other than medical purposes, in which case it shall apply for a kennel
license. The license period for a kennel license shall be from July
1 to the following June 30, inclusive.
F.
Failure to obtain or keep current the kennel license
will result in a fine of $100 per day; each day will be considered
to be a separate offense.
[Added 2-17-2006]
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.
A.
No person owning or keeping a dog in the Town of Barnstable
shall permit such dog to be kept at large in the Town of Barnstable
elsewhere than on the premises of the owner or keeper, except if on
the premises of another person with the knowledge and permission of
such other person. Such owner or keeper of a dog in the Town of Barnstable
which is not on the premises of the owner or upon the premises of
another person with the knowledge and permission of such person shall
restrain such dog by a suitable means.
B.
In any prosecution hereunder, the presence of such
dog at large upon premises other than the owner or keeper of such
dog shall be prima facie evidence that such knowledge and permission
was not had.
C.
Any dog found to be at large in violation of this
section may be caught and confined by an officer authorized to do
so, or returned to the owner or keeper of record forthwith. The Animal
Control Officer, or authorized agent, shall attempt to notify the
owner/keeper of record of a confined dog. The owner/keeper of said
dog shall have a period of time, not to exceed 10 days, within which
to recover said dog. Return of the dog to the owner/keeper of record
shall be dependent upon admission of ownership or the keeping of said
dog, and assumption of responsibility by the owner or keeper. If said
dog is unlicensed, a current license shall be obtained and all impound
fees paid prior to release of the dog. in addition to fees charged
by the kennel for boarding, medical or other care costs, there shall
be an impound fee paid to the Town of Barnstable of $20 for licensed
dogs and $30 for dogs unlicensed at time of impound.
D.
This section shall not be construed to limit or prohibit
the use of hunting dogs during the hunting season, the conducting
of field trials for hunting dogs or the training or use of police
K-9 units.
E.
The penalty for violations of this section shall be
$25 for each offense.
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.
[Amended 10-31-2018]
A.
No person
owning or having the care, custody or control of any dog shall allow
said dog on any Town beach or recreation area from May 15 to September
15 without the written authorization of the Town Manager or official
in control of said beach or recreation area.
B.
Dog park.
(1)
The Town of Barnstable, its staff, officers, officials, employees
and volunteers are not responsible for personal injury to the people
or animals using the park. Users of this dog park do so at their own
risk and are solely responsible for injuries and/or damage caused
by their actions and their animals, or to their persons or to their
animals by other users or animals.
(2)
These regulations are applicable to the Barnstable dog park as described
and shown on the plan on file in the Town Clerk's office and
posted at the site.
(3)
The dog park is open seven days a week, sunrise to sunset.
(4)
No parking is allowed for activities other than activities directly
connected with the dog park.
(5)
Dogs must have current vaccinations and be licensed as required by
law and free of communicable diseases.
(6)
Dogs must wear a collar at all times affixed with a current license
tag.
(7)
Dogs exhibiting aggressive, intimidating or dangerous behavior must
be leashed and removed from the dog park immediately.
(8)
Excessive barking must be restrained.
(9)
Female dogs in heat shall not use the dog park.
(10)
No other animals besides dogs are allowed within the dog park.
(11)
Alcohol, smoking or e-cigarettes are not allowed at the dog
park.
(12)
No commercial activities or solicitation is allowed without
prior permission.
(13)
No littering or disposal of household trash is allowed.
(14)
Dogs must be leashed before entering and after leaving any fenced
area.
(15)
All gates must be closed at all times except when entering and
exiting.
(16)
Owners/handlers:
(a)
Must be at least 16 years of age. Any person under 16 must be
supervised by a responsible adult.
(b)
Must closely supervise and control their dog within the park
at all times.
(c)
Must stop dogs from digging and fill in all holes dug in the
pea stone.
(d)
Must have no more than three dogs under the supervision of any
one person.
(e)
Must immediately pick up and properly dispose of pet waste.
(17)
Within the fenced areas:
(a)
No children 10 or under are permitted.
(b)
No dogs under the age of three months are permitted.
(c)
To avoid injury, prong, pinch or spiked collars are not allowed
with the exception of the designated training area.
(d)
Training treats and dog toys are not allowed with the exception
of the designated training area.
(e)
Food/beverages, glass containers, strollers, bicycles and children's
toys are prohibited.
(18)
Penalties, suspensions and fines:
(a)
Dog park patrons are expected to be courteous and cooperative
with other park users, staff and volunteers. Aggressive or abusive
behavior may result in loss of privileges.
(b)
The Director of Natural Resources reserves the right to suspend
or revoke dog park access to a dog as a result of problematic behavior
and/or due to irresponsible pet ownership. Problem behavior can include,
but is not limited to, aggression such as attacking, drawing blood,
threatening, bullying and bothering dogs and people.
(c)
Any person who is issued a suspension or revocation notice will
be provided the opportunity for a hearing with the Director of the
Marine and Environmental Affairs Department. Any person desiring such
a hearing must submit a written request for said hearing postmarked
within five business days of the effective date of the suspension.
An appeal of the Director of the Marine and Environmental Affairs'
decision may be filed with the office of the Town Manager within five
days of issuance of said decision.
(d)
The Town of Barnstable has the authority to close the dog park
if it believes it to be in the public's best interest because
of safety and/or health reasons, abuse of privileges, adverse weather
conditions, maintenance work, or any other condition the Town believes
warrants a closure.
(e)
The penalty for violation of this section, in addition to any
other penalties herein or otherwise by law, shall be $25 for each
violation.
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.
A.
Whoever suffers loss by the worrying, killing or maiming
of his livestock or fowl by dogs shall inform the Animal Control Officer
who shall forthwith proceed to the scene to view the damage, who shall
determine if the damage was done in fact by dogs and, if so, appraise
the amount of damage if it does not exceed $50.
B.
If in the opinion of the Animal Control Officer the
damage exceeds $50, the damage shall be appraised on oath by three
persons, one of whom shall be the Animal Control Officer, one shall
be appointed by the person alleged to have suffered the loss and the
third appointed by the other two.
C.
Said appraisers shall consider and include in such
damages the number and kind of animals damaged, the extent of the
damage and the approximate weight of the killed animals. The appraisers
will also note in their report whether or not any animals were sent
for medical treatment in an effort to save them, the number and kind
of such animals. Such report shall be filed in the office of the Town
Manager and the office of the Director of Natural Resources within
10 days of said appraisal. The Town Manager or the Director may require
the appraisers to provide any additional information that they deem
appropriate. The appraisal will be reviewed and submitted for payment
as deemed appropriate. Reimbursement may be denied or limited in accordance
with Chapter 140, § 161A, of the Massachusetts General Law.
A.
The owner or keeper of a dog which has done damage to livestock or fowl shall be liable for such damage, and the Town Manager may order the owner or keeper to pay such damages after an investigation by the Animal Control Officer of the facts of the matter and appraisal conducted as outlined in § 403-10.
B.
In the event that the owner or keeper of such dog
known to have done damage to livestock or fowl refuses to pay upon
the order of the Town Manager, the Animal Control Officer shall enter
or cause to be entered a complaint in District Court for the enforcement
of the order.
A.
The owner or keeper of a dog three months of age or
older, housed or sheltered in the Town of Barnstable, shall cause
such animal to be vaccinated against rabies by a licensed veterinarian
using a vaccine approved by the Massachusetts Department of Public
Health. Such owner or keeper shall procure a veterinarian's certification
that such animal has been so vaccinated and setting forth the date
of such vaccination and the duration of immunity, or a notarized letter
from a veterinarian that a certification was issued, or a metal rabies
tag bearing an expiration date indicating that such certification
is still in effect.
B.
Vaccinated animals shall be revaccinated periodically
in accordance with rules and regulations adopted and promulgated by
the Massachusetts Department of Public Health.
C.
The owner or keeper of a dog shall present certification
of rabies vaccination upon demand of the Animal Control Officers,
police officers or other authorized officials of the Town.
D.
The penalty for violation of this section shall be
$50 for each offense. The penalty for failure to vaccinate said animal
within 30 days of notification of a violation of this section shall
be $75.
A.
The Town Manager, or his authorized agent, may order
any dog which said person has reason to believe is affected with a
contagious disease, to be quarantined or isolated for at least 10
days upon the premises of the owner or of the person in whose charge
it is found, or in such other place as the Town Manager or agent may
designate.
B.
A dog which has been quarantined or isolated by order
of the Town Manager or his agent shall, during the continuance of
such quarantine or isolation, be deemed to be affected with a contagious
disease. The owner or keeper shall be responsible for any fees incurred
for any off-premises quarantine. Whoever knowingly breaks or authorizes
or causes to be broken a quarantine so imposed; or whoever contrary
to such order of quarantine or isolation knowingly removes a dog or
authorizes or causes it to be removed from a building, place or enclosure
where it is quarantined or isolated; or whoever contrary to an order
or notice of quarantine knowingly places or causes or authorizes to
be placed any other animals within a building, place or enclosure
where a dog is quarantined or in contact therewith; or knowingly causes
or authorizes to be concealed, sold, removed or transported a dog,
knowing or having reasonable cause to believe that it is affected
with a contagious disease; or whoever knowingly authorizes or permits
such dog to go at large within the Town of Barnstable shall be punished
by a fine of $200. Any such dog found at large by the Animal Control
Officer, or other authorized agent of the Town, shall be captured
and confined at the expense of said owner or keeper. This section
shall not apply to authorized Town officials in the performance of
their duties.
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.
