[HISTORY: Adopted by the Annual Town Meeting
of the Town of Lexington 4-3-1967 by Art. 83 as Art. XXVII of the 1967 Bylaws. Amendments
noted where applicable.]
No person shall own or keep in this Town any
dog or pet which, by barking, biting or howling, or in any other manner,
disturbs the peace and quiet of any person, and no person shall own,
or keep in this Town any bird or fowl which, by screeching or crowing
or in any other manner, disturbs the peace and quiet of any person.
[Amended 6-4-1968 STM by Art. 20; 3-31-1976 ATM by Art. 72; 4-4-1979 ATM by Art.
53; 4-8-1991 ATM by Art. 42; 4-8-1998 ATM by Art. 52]
A.
No dog owned or kept in this Town shall be allowed
to be off the premises of its owner or keeper except in the immediate
restraint and control of some person by means of a leash or by effective
command. The owner or keeper of any such dog that is not restrained
or controlled off the premises of its owner or keeper shall be punishable
by a fine of up to $50 or the maximum permitted by Section 173A of
Chapter 140 of the General Laws, whichever is higher.
B.
All dogs shall be duly licensed as provided in Chapter
140 of the General Laws. An owner or keeper of a dog who fails to
renew a dog license within 21 days after being notified that a previously
issued license has expired may be assessed a fee in addition to any
other charges due for such license. All such fees shall be set in
accordance with Chapter 40, § 22F of the General Laws, not
to exceed $50.
[Amended 3-26-2012 ATM by Art. 32]
[Added 3-28-1994 ATM by Art. 29]
It shall be the responsibility of each person
who owns, possesses or controls a dog to remove and dispose of any
feces left by his/her dog on any street, public place or any private
property of another. This section shall not apply to a guide dog accompanying
any handicapped person.
No person shall ride or drive any horse in any
street or public place in the Town in such manner as to injure or
unreasonably incommode or endanger travelers thereon.
[Amended 5-3-1982 ATM by Art. 48]
No person shall permit any horse or other grazing
animal to pasture, graze or go at large on any street or public place.
No driver of a horse or vehicle shall drive
or allow the same to stand or be on any sidewalk.
[Added 3-28-2022 ATM by Art. 28]
A.
ANIMAL RESCUE ORGANIZATION
OFFER FOR SALE
PET SHOP
PUBLIC ANIMAL CONTROL AGENCY OR SHELTER
SELL
Terms used in this § 9-7.
Means a not-for-profit organization that is registered with
the Massachusetts Department of Agricultural Resources, if required,
and whose mission and practice is, in whole or in significant part,
the rescue and placement of dogs, cats, or rabbits into permanent
homes. The term "animal rescue organization" does not include any
person or entity that breeds animals or obtains animals in exchange
for payment or compensation from a person that breeds or brokers animals.
Means to advertise or otherwise proffer an animal for acceptance
by another person or entity.
Means a retail establishment where animals are sold or offered
for sale as pets which is required to be licensed pursuant to MGL
c. 129, § 39A, and 330 CMR 12.00. A person who only sells
or otherwise transfers the offspring of animals the person has bred
on their residential premises shall not be considered a "pet shop"
for purposes of this section.
Means a facility operated by a governmental entity for the
purpose of impounding seized, stray, homeless, abandoned, unwanted,
or surrendered animals, or a facility operated for the same purposes
under a written contract with a governmental entity.
Means to exchange for consideration, adopt out, barter, auction,
trade, lease, or otherwise transfer for consideration.
B.
Sale
of dogs, cats, or rabbits by pet shops prohibited.
(1)
It shall be unlawful for a pet shop to sell or offer for sale a dog,
cat, or rabbit.
(2)
A pet shop may provide space for the display of dogs, cats, or rabbits
available for adoption by a public animal control agency or shelter
or an animal rescue organization so long as the pet shop receives
no part of any fees associated with the display or adoption of the
animals and has no ownership interest in any of the animals displayed
or made available for adoption.
C.
Enforcement
and severability.
[Amended 3-27-2023 ATM by Art. 30]
(1)
Section 9-7 of this bylaw shall be enforced by the Town Manager or the Town Manager's designee pursuant to MGL c. 40, § 21D, according to the following schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Each unlawful sale or offer for sale shall constitute a separate
violation.
(2)
This chapter may also be enforced through any other means available
in law or equity. Nothing in this chapter may be construed to alter
or amend any other legal obligations applicable to the sale of fur,
or any other entities, under any other law or regulation.
(3)
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
[Added 3-20-2023 ATM by Art. 31]
A.
Purpose
and findings. To protect the health and welfare of the inhabitants
of the Town of Lexington, this bylaw will restrict trade in fur products
in the Town. The Town finds that the fur production process is energy
intensive and has a significant environmental impact, including air
and water pollution. The Town also finds that animals that are slaughtered
for their fur endure tremendous suffering. The Town believes that
eliminating the sale of fur products in the Town of Lexington will
decrease the demand for these cruel and environmentally harmful products,
and promote community health and well-being, as well as animal welfare,
and, in turn, will foster a more humane environment and enhance the
reputation of the Town.
B.
FUR
FUR PRODUCT
a.
b.
c.
d.
e.
NON-PROFIT ORGANIZATION
OFFER FOR SALE
SELL
TAXIDERMY
ULTIMATE CONSUMER
USED FUR PRODUCT
Definitions.
The following words as used in this section shall have the following
meanings:
Means any animal skin or part thereof with hair, fleece,
or fur fibers attached thereto, either in its raw or processed state.
Means any article of clothing or covering for any part of
the body, or any fashion accessory, including but not limited to handbags,
shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry,
key chains, toys or trinkets, and home accessories and decor, that
is made in whole or part of fur. "Fur product" shall not include any
of the following:
An animal skin or part thereof that is to be converted into
leather, or which in processing will have the hair, fleece, or fur
fiber completely removed;
Cowhide with the hair attached thereto;
Deerskin with the hair attached thereto;
Lambskin or sheepskin with the fleece attached thereto; or
The pelt or skin of any animal that is preserved through taxidermy
or for the purpose of taxidermy.
Means any corporation that is created for charitable, religious,
philanthropic, educational, or similar purposes under state or federal
law.
Means to advertise or otherwise proffer a fur product for
acceptance by another person or entity.
Means to exchange for consideration, barter, auction, trade,
lease or otherwise transfer for consideration.
Means the practice of preparing and preserving the skin of
an animal that is deceased and stuffing and mounting it in lifelike
form.
Means an individual who buys a fur product for their own
use, or for the use of another, but not for resale or trade.
Means a fur product that has been worn or used by an ultimate
consumer.
C.
Prohibition of sale of fur products.
Notwithstanding any other provision of law, no person shall sell,
offer for sale, display for sale, trade, or otherwise distribute for
monetary or nonmonetary consideration a fur product in the Town of
Lexington. For purposes of this section, the sale of a fur product
shall be deemed to occur in the Town of Lexington if:
D.
Exemptions. This section shall
not apply to the sale, offer for sale, display for sale, trade, or
distribution of:
(1)
A used fur product by an individual (excluding a retail transaction),
nonprofit organization, or secondhand store, including a pawn shop;
(2)
A fur product required for use in the practice of a religion;
(3)
A fur product used for traditional tribal, cultural, or spiritual
purposes by a member of a federally recognized or state recognized
Native American tribe; or
(4)
A fur product where the activity is expressly authorized by federal
or state law.
E.
Enforcement.
(1)
Section 9-8 of this bylaw shall be enforced by the Town Manager or their designee pursuant to MGL c. 40, § 21D, according to the following schedule:
First offense: $50.
Second offense: $100.
Third and each subsequent offense: $300.
Each fur product and every day upon which any such violation
shall occur shall constitute a separate offense.
(2)
This chapter may also be enforced through any other means available
in law or equity. Nothing in this chapter may be construed to alter
or amend any other legal obligations applicable to the sale of fur,
or any other entities, under any other law or regulation.
F.
Severability.
The invalidity of any provision of this bylaw shall not invalidate
any other section or provision thereof.
G.
Effective
date. This bylaw shall become effective upon satisfaction of the requirements
for Attorney General approval and for posting or publication provided
in MGL c. 40, § 32, and no earlier than six months after
passage.
