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City of Beverly, MA
Essex County
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Table of Contents
Table of Contents
[Amended 12-18-1996 by Ord. No. 148]
A. 
Whoever owns or keeps a dog in the City which is over the age of six months shall annually obtain a license therefor from the City Clerk.
[Amended 2-16-2016 by Ord. No. 013]
B. 
The City Clerk shall not grant such license for any dog unless the owner thereof provides the Clerk with either a veterinarian's certification that such dog has been vaccinated in accordance with this section, certification that such dog is exempt from the vaccination requirements or a notarized letter from a veterinarian that either of these certifications was issued.
[Amended 2-16-2016 by Ord. No. 013]
C. 
The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag in a form prescribed by the City Clerk, and upon which shall appear the license number for the current year.
D. 
Whoever violates the provisions of this section shall be subject to a fine of $25. Any person failing to pay the above fines within the 21 days provided will be subject to a surcharge of $5 in addition to the fine due.
[Amended 12-18-1996 by Ord. No. 148; 10-5-2006 by Ord. No. 154]
A. 
Duty to dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street, park, public area or any private property of another. A copy of this section shall be given to every dog owner when licensing at the time the dog is licensed.
B. 
Duty to possess means of removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park, public area or private property of another without the means of removal of any feces left by such dog.
C. 
Method of removal and disposal. For the purpose of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to the property of the owner or the dog or to some other place suitable and regularly reserved for the disposal of human feces or specifically reserved for the disposal of canine feces, and so disposing of said feces.
D. 
Fines for violation. Fines for violation of this section shall be $100 for the first offense in a calendar year and $50 for subsequent offenses in the same calendar year.
[Amended 2-16-2016 by Ord. No. 036]
E. 
Exemption for guide dogs. This section shall not apply to a guide dog accompanying any handicapped person.
[Added 10-19-2015 by Ord. No. 406]
A. 
The City Clerk is the licensing authority for any dog kennel or day care sheltering more than three dogs at any given time and for any duration. Any person operating such a kennel shall apply to the City Clerk for a license and shall be subject to the following fee schedule for new licenses and for renewals:
(1) 
Four dogs: $30.
(2) 
Five dogs to 10 dogs: $50.
(3) 
Ten dogs or more: $100.
B. 
The City Clerk shall issue a license under this section only after the kennel has been inspected by the Animal Control Officer in both the case of a new license and a renewal.
C. 
Kennel licenses must be renewed every June. Kennels subject to this section must be in compliance with all state laws in their handling of licensed and unlicensed dogs and in their operation in order to maintain a kennel license.
[Amended 12-18-1996 by Ord. No. 148]
A. 
Any dog used primarily for the purpose of securing and protecting real or personal property which is open to public access at any time shall comply with all the following:
(1) 
Such dog shall be registered with the City Clerk in accordance with MGL c. 140, §§ 137 and 137A.
(2) 
Such dog shall be kept within a suitable and closed-in area which at all times shall not be accessible to the public when such property is open to public access or during business hours. Such closed-in area will consist of a fence at least six feet high with a fence covering and a locked gate and/or within a locked room if in a business establishment.
(3) 
All areas secured or protected by a security or guard dog or dogs shall be posted in such thorough manner as to give adequate notice to the public ("Beware of Guard Dog," etc.).
B. 
No person/business shall harbor a security dog or guard dog unless he has obtained a security dog permit as follows.
(1) 
Such permit will be issued by the City Clerk at no fee upon written certification by the Animal Inspector that such business or person has complied with all the guidelines of this section. Such permit may be revoked by the Police Chief upon evidence of violation of the provisions of this section.
(2) 
The City Clerk shall provide the Fire Chief and Police Chief with a copy of the security dog kennel permit.
(3) 
The security dog permit shall specify the location at which the dog is licensed to be located, and no transfer or relocation of the duly licensed guard/security dog shall be permitted without the approval of the Animal Control Officer.
(4) 
Such permit shall be valid for an indefinite period of time.
(5) 
Any business or private resident harboring a security dog shall, upon the request of the Animal Control Officer or any police officer, allow him to enter and inspect the area where such dog is licensed to be harbored.
[Amended 2-16-2016 by Ord. No. 013]
C. 
Failure to comply with any subsection of this section will result in a fine of $50 for each day of such violation.
[Amended 12-18-1996 by Ord. No. 148; 2-16-2016 by Ord. No. 013]
A. 
Whoever is the owner or keeper of a dog, cat or ferret six months of age or older shall cause such dog, cat or ferret to be vaccinated against rabies in accordance with MGL c. 140, § 145B.
B. 
Unvaccinated dogs, cats or ferrets acquired or brought into the City shall be vaccinated within 30 days after acquisition or entry into the City or upon reaching the age of six months, whichever comes later.
C. 
Whosoever violates the provisions of this section shall be subject to a fine of $50. Any person failing to pay the above fines within the 21 days provided will be subject to a surcharge of $5 in addition to the fine due.
A. 
The owner or keeper of a dog, or both, may be prosecuted in a court of law for the following violations of this section and the dog may be impounded:
[Amended 2-16-2016 by Ord. No. 013; 2-16-2016 by Ord. No. 036]
(1) 
If found without a license when a license is required by law.
(2) 
If found at large elsewhere than in unleashed designated areas as described by written policy of the Beverly Parks and Recreation Commission.
(3) 
For having bitten, injured or physically molested any person. Penalty: $50.
(4) 
For having bitten or injured any domestic animal. Penalty: $50.
(5) 
For chasing any vehicle on a public way or on any way open to public traffic in the City. Penalty: $25.
(6) 
For repeatedly causing a nuisance, such as, but not limited to, barking or littering. Penalty: first offense, $25; second offense, $50.
(7) 
If found, not muzzled, off the property of its owner or keeper while a muzzling order with respect to it is in effect under § 117-14 below. Penalty: first offense, $100; second offense, MGL c. 140, § 157, fine schedule.
(8) 
For leaving defecation (a) On private property other than that of its owner; (b) On a public sidewalk; (c) or On trees or lawns. Penalty: $25.
(9) 
If any person owning, harboring, keeping or in charge of any dog, except a guide dog accompanying any handicapped person, shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk, or on any public property whatsoever, or on any private property without the permission of the owner of said property.
B. 
The owner or keeper may obtain the release of an impounded dog as follows:
(1) 
In the case of a violation of Subsection A(1) hereinabove, upon obtaining a license as required by law and by payment of a late filing fee.
(2) 
In the case of a violation of Subsection A(2) through (8), inclusive, upon the agreement of the owner or keeper to undertake such restriction or control of the dog as the Animal Control Officer shall require.
[Amended 2-16-2016 by Ord. No. 013]
(3) 
In addition to compliance with Subsection B(1) and (2), all pound fees and fines, if any, must be paid before the dog is released.
(4) 
No later than two days after the impoundment of any dog, the owner or keeper shall be notified; or if the owner or keeper of the dog is unknown or, after reasonable efforts, is not contacted, written notice shall then be posted for 10 consecutive days on a K-9 bulletin board in the office of the City Clerk describing the dog and the place and time of taking.
(5) 
Dogs impounded and unclaimed by the owner or keeper after such a ten-day period shall be disposed of in accordance with the provisions of MGL c. 140, § 151A.
[Amended 7-7-1987 by Ord. No. 30; 10-15-1990 by Ord. No. 543; 12-7-1992 by Ord. No. 153; 12-18-1995 by Ord. No. 148; 5-7-2003 by Ord. No. 40; 6-4-2003 by Ord. No. 173; 5-16-2007 by Ord. No. 112; 2-16-2016 by Ord. No. 036]
Dogs shall be permitted on beaches and in parks of the City of Beverly only as follows:
A. 
From and including Memorial Day to and including Labor Day of each year, leashed dogs will be permitted in Lynch Park (excluding gardens, playing fields, and playground equipment areas) only between the hours of 6:00 a.m. and 7:30 a.m.
B. 
From and including Memorial Day to and including Labor Day of each year, leashed dogs will be permitted in any other City park (excluding gardens, playing fields, and playground equipment areas) only between the hours of 7:30 p.m. and 7:30 a.m.
C. 
Leashed dogs will be permitted in other special areas designated by written policy of the Beverly Parks and Recreation Commission during the hours designated in said policy.
D. 
Unleashed dogs will be permitted in special areas designated by written policy of the Beverly Parks and Recreation Commission during the hours designated in said policy.
E. 
The Beverly Parks and Recreation Commission and the Beverly Police Department shall develop and coordinate an enforcement plan for this section to ensure its effective enforcement.
F. 
Annually, the Beverly Parks and Recreation Commission shall report to the City Council recommending continuance, discontinuance or changes to this section.
G. 
The Beverly Parks and Recreation Commission shall create a website in which this section and all written policies of the Commission relative to leashed/unleashed dogs are available to the public. Such site will provide for public comment relative to this section and the written policies of the Beverly Parks and Recreation Commission pertaining to leashed/unleashed dogs.
Cats impounded and unclaimed by the owner or keeper after a two-day period may be disposed of in accordance with the provisions of MGL c. 140, § 151A.
[Amended 12-7-1992 by Ord. No. 153; Ord. No. 1-10-1994; 6-4-2003 by Ord. No. 173]
Dog licenses expire on March 31 of each year.
[Amended 12-7-1992 by Ord. No. 153; 12-1995 by Ord. No. 148; 6-4-2003 by Ord. No. 173; 5-16-2007 by Ord. No. 112; 2-16-2016 by Ord. No. 013; 2-16-2016 by Ord. No. 036]
A. 
No person owning, harboring or having custody and control of a dog shall permit such dog to be unleashed in the City of Beverly at any time, elsewhere than in unleashed areas as designated by policy of the Beverly Parks and Recreation Commission or on the premises of the owner, except if such dog be on the premises of another person with the knowledge and assent of such person. Further, any person owning, harboring or having custody and control of a dog in the City of Beverly, when such dog is not on the premises of the owner or upon the premises of another person with the knowledge and assent of such person, shall control and restrain such dog by a leash of appropriate length.
B. 
The Animal Control Officer or Assistant Animal Control Officer may take into custody any licensed dog found unleashed within the City of Beverly in violation of Subsection A of this section. The Animal Control Officer or Assistant Animal Control Officer may then impound said dog at any licensed kennel and notify the owner of the location where the dog may be claimed. The owner shall pay any boarding fee which may have accrued before the kennel shall be obligated to release the dog. If the owner does not claim the dog within three days of receipt of notice, the Animal Control Officer shall cause a second notice to be sent to the owner by registered mail. If the owner does not claim the dog within three days of receipt of the second notice, the Animal Control Officer may proceed against the owner for willful abandonment pursuant to MGL c. 272, § 84.
C. 
Dogs in cemeteries. Dogs are hereby prohibited in all City cemeteries.
D. 
Whoever violates any provision of this section shall be subject to a fine of $50 for a first offense, $75 for a second offense and $100 for a third or any subsequent offense relating to the same dog. Any dog which has been the subject of four or more violations of this section within one calendar year shall be deemed a nuisance to which the provisions and procedures of MGL c. 140, § 157, shall apply, and shall be reported as such by the Animal Control Officer to the Chief of Police for appropriate action under that law. Any person failing to pay the above fines within the 21 days provided will be subject to a surcharge of $15 in addition to the fine due.
[Amended 12-7-1992 by Ord. No. 153; 2-16-2016 by Ord. No. 036]
A. 
The Animal Control Officer may order the owner or keeper of a dog to muzzle such dog for either of the following causes:
(1) 
For having bitten, injured or physically molested any person.
(2) 
For having done substantial injury to any domestic animal;
B. 
The Animal Control Officer may remove an order to muzzle a dog if the owner or keeper thereof satisfies him that the dog is unlikely to repeat its offense.
[Amended 2-16-2016 by Ord. No. 013; 2-16-2016 by Ord. No. 036]
Unless another penalty is provided, violations of this chapter shall cause the owner or keeper of such dog to be penalized by a fine of $50 for the first such violation, $75 for the second violation, and $100 for the third and subsequent violations.