[Adopted 6-4-2013 (§ 68.3 of the 2011 General By-Laws)]
Pursuant to the terms of Massachusetts General Laws, Chapter 140, Sections 137A, 139(a), 173 and 173A, this article supplements the provisions of Massachusetts General Laws, Chapter 140, Section 137 through 174E, inclusive. Those statutes should be reviewed in order to obtain a complete understanding of the licensing provisions for dogs within the Town.
A. 
As used in this article of the General By-Laws, the terms below shall have the following definitions:
ANIMAL CONTROL OFFICER
The person, and any assistants thereto, who is appointed by the Select Board pursuant to Massachusetts General Laws, Chapter 140, Section 151(a).
DOG HEARING OFFICER
The police officer who is designated by the Select Board, upon recommendation by the Police Chief, to hear and adjudicate matters that relate to dogs that arise under this article and Article II of this chapter. Additionally, such person shall be the "hearing authority" for the purposes of nuisance and dangerous dog violations under Massachusetts General Laws, Chapter 140, Section 157.
KEEPER
Any person, business, corporation, entity or society, other than the Owner, harboring or having in such person's possession any dog.
LICENSE PERIOD
The period from the first day of March of one calendar year through the last day of February of the following calendar year.
OWNER
Any person, group of persons (including, individually, any member of such a group), corporation or other legal entity that owns, keeps, harbors or otherwise maintains long term control of a dog or dogs.
REGISTRATION PERIOD
The period from the second Monday of January through the last day of February of the same calendar year.
B. 
Any terms that have not been defined specifically herein shall have their normal English meanings unless the context indicates otherwise.
Unless a dog that is kept within the Town is kept regularly at a property for which a kennel license has been issued, an Owner of that dog must ensure that it is individually licensed with the Town; provided, that this requirement shall not apply to any dog that is less than six months of age; further provided, that this requirement shall not apply to any dog that is brought into the Town on a temporary or seasonal basis for not more than three months in a given License Period need not be licensed by the Town, when it has been licensed with another municipality within the Commonwealth of Massachusetts or with any jurisdiction in another state. Every dog that must be so licensed, must be licensed within 30 days of the date of acquisition of the dog, the date of the relocation of the dog to the Town, the date on which the dog attains the age of six months, or the date on which the dog was no longer kept regularly at a licensed kennel, whichever such date triggers the applicability of this licensing requirement.
All individual dog licenses and kennel licenses that are issued by the Town Clerk shall be valid for a maximum of one year. No licenses for the forthcoming License Period shall be issued prior to the Registration Period. Any license that is issued after the Registration Period, whether due to the failure to adhere to the requirements of this article, due to the acquisition of a dog after that date, due to the relocation of a dog to the Town after that date, due to the fact that a dog did not attain the age of six months until after that date, due to the fact that a kennel license application was not approved until after that date, or due to the fact that a dog was no longer kept regularly at a licensed kennel after that date, nonetheless still shall be valid only until the conclusion of the License Period, and the cost of the same shall not be prorated; provided, that any license that is issued after the Registration Period due to the failure to adhere to the requirements of this article also shall be subject to an administrative late fee, as provided in § 134-10, for each calendar month that registration for that license was so delayed. The issuance of an individual dog license to any Owner for whom, or for any dog about which, there is an outstanding, unpaid citation for a violation of any provision of this article or Article II of this chapter, shall not be construed as an acknowledgment of, or otherwise evidence, satisfaction or payment of that citation, and shall not constitute a waiver of that citation by the Town. Concurrently, the issuance of a kennel license to any Owner or Keeper for whom, or for any property about which, there is an outstanding citation for a violation of any provision of this article or Article II of this chapter, shall not be construed as an acknowledgment of, or otherwise evidence, satisfaction or payment of that citation, and shall not constitute a waiver of that citation by the Town.
A. 
Individual dog licenses for fixed and unfixed dogs may be obtained from the Town Clerk for a fee as provided in § 134-10; provided, that an individual license for an unfixed dog shall only be assessed the price of an individual license for a fixed dog whenever the Owner of the unfixed dog submits to the Town Clerk documentation from a licensed veterinarian that indicates that said dog should not be fixed due to life-threatening medical reasons; further provided, that no fee shall be charged for any individual dog license where the Owner of the dog is a person that is at least 70 years old and submits to the Town Clerk government-issued documentation that demonstrates said age. Documentation in support of a reduced price or free license must be provided to the Town Clerk at the time that the license is issued; no refund shall be issued in response to such documentation being provided subsequent to the issuance of an individual license. One dog tag shall be provided at no cost with each individual dog license; duplicate or replacement tags may be obtained from the Town Clerk for an additional fee as provided in § 134-10.
B. 
Failure to obtain an individual license for a dog as required herein shall result in a fine of $50, with each calendar month in which the violation occurs constituting a separate offense; provided, that no fine shall issue for any such violation where the Town's knowledge of the violation results only from the voluntary decision by the Owner of the unlicensed dog to obtain a license for the same.
A. 
In order to obtain a license for a particular property for the maintenance of a commercial boarding or training kennel, a commercial breeder kennel, a domestic charitable corporation kennel a personal kennel or a veterinary kennel, as those terms are defined in Massachusetts General Laws, Chapter 140, Section 136A, the application that is available at the Town Clerk's Office for that purpose must be filled out and returned to that Office, along with a non-refundable application fee as provided in § 134-10. Such applications shall only be accepted by the Town Clerk from one of the owners of record of the property for which the kennel license is sought, or an authorized agent of the same, unless documentation is provided to the Town Clerk to indicate that one of said owners of record has given permission for the establishment of a kennel at that property. Such documentation may include the terms of a rental agreement or a signed, notarized statement from one of said owners of record.
B. 
Upon receipt of a kennel license application from the Town Clerk, the Animal Control Officer shall conduct an investigation of the property at which the dogs are to be kenneled, including with respect to:
(1) 
The location, construction and soundproofing of the kennel area;
(2) 
The sanitary conditions of the kennel and the property in general;
(3) 
The adequacy of the kennel and property in general for the number and type of dogs and type of kennel for which the kennel license would be issued;
(4) 
The concerns of any abutters; and
(5) 
Any other pertinent issues that come within the expertise and discretion of the Animal Control Officer.
C. 
Within 60 calendar days of a kennel license application being submitted, the Animal Control Officer shall approve or disapprove a kennel license application, shall file a written decision with the Town Clerk explaining this approval or disapproval, and shall deliver copies of that decision to the applicant, at the address for which the kennel license application was submitted, and to each abutter of that property; provided, that the Animal Control Officer may approve a kennel license application for a lesser number of dogs than was requested in that application; further provided, that the Animal Control Officer shall determine the number of litters of pups that may be produced by the unspayed female dogs that are kept regularly at the licensed property in each License Period; further provided, that the failure of the applicant to permit the Animal Control Officer to conduct an investigation pursuant to this section within 30 days of the kennel license application being submitted shall result in an automatic denial of the same.
D. 
Any decision of the Animal Control Officer, including with respect to the number of dogs or the number of litters to be permitted under an approved kennel license application, may be appealed by the applicant and/or any abutter to the applicant's property within 14 calendar days of the delivery of that decision to those parties. All such appeals shall be filed with the Town Clerk, who shall forward the same to the Animal Control Officer and the Dog Hearing Officer. All such appeals shall be heard by the Dog Hearing Officer within 30 calendar days of said filing. Notice of this hearing shall be delivered to every party to which the initial written decision of the Animal Control Officer was delivered. The Dog Hearing Office may, in his sole discretion and after being given permission by the applicant, conduct a site visit of the particular property for which the kennel license application was submitted. The Dog Hearing Officer may uphold, modify or reverse the decision of the Animal Control Officer, and this decision shall be final. The decision of the Dog Hearing Officer shall be filed with the Town Clerk and the Animal Control Officer, and shall be delivered to every party to which the initial decision of the Animal Control Officer was delivered.
E. 
Any approved application that does not specify the type of kennel for which it was approved, shall no longer be valid as of March 1, 2014, and no renewal of a kennel license based upon this application shall be permitted. A new application, specifying the type of kennel that is requested, must be submitted and approved prior to that date, in order to obtain a new kennel license; provided, that the amendment application fee shall be waived in such cases.
A. 
The Town Clerk shall issue a kennel license to any applicant whose kennel license application has been approved by the Animal Control Officer or the Dog Hearing Officer, and the fee for any such license shall be based upon the number of dogs for which said license is issued, as provided in § 134-10; provided, that no kennel license shall be issued while any appeal of the decision of the Animal Control Officer is possible or pending; further provided, that the Town Clerk shall not issue a kennel license for more dogs than were approved in the decision of the Animal Control Officer or the Dog Hearing Officer, for a location other than the property that was approved in that decision, for a type of kennel other than was approved in that decision, or for different breeds than were listed on the kennel license application. Each such kennel license shall indicate the number of dogs that are permitted upon the licensed property and shall be priced accordingly; provided that, at the option of the holder of the approved kennel license application, a kennel license for fewer dogs than is permitted by that approved application may be issued.
B. 
An approved kennel license application shall entitle the applicant to obtain a new kennel license during each year's Registration Period without needing to reapply for the same; provided, that a renewed kennel license shall not be issued until the applicant submits to the Town Clerk documentation from the Animal Control Officer that the kennel at issue has passed the annual inspection by the Animal Control Officer that is required by Massachusetts General Laws, Chapter 140, Section 137A(a), with said inspection taking place in either December or January, and being of such scope as the Animal Control Officer determines to be warranted; further provided, that a kennel license amendment application must be submitted, including a non-refundable amendment application fee, in order to increase the number of dogs or litters on a given property beyond that limit that was approved in the decision of the Animal Control Officer or Dog Hearing Officer, in order to change the type of kennel, in order to add to, or change, the dog breeds for which the kennel is licensed, or in order to change the address at which the kennel is kept. All such amendment applications shall be submitted, reviewed, approved or denied, noticed and appealed in the same manner as the original application.
C. 
Upon request, dog tags shall be provided with a kennel license for up to the total number of dogs that are allowed pursuant to that license; duplicate or replacement tags may be obtained from the Town Clerk for an additional fee, as provided in § 134-10. No Keeper that holds a kennel license for a property that is in the Town shall be required to place upon any dog that is kept at that property a tag reflecting that kennel license if said dog is wearing a tag that reflects an individual dog license or kennel license that was issued to the Owner of said dog, whether that license was issued by the Town, another municipality of the Commonwealth or any jurisdiction in another state.
D. 
Nothing in this section shall supersede, or preclude the applicability of, any Zoning By-Law that may limit the number of dogs that may be kept, or the types of dog-related businesses that may be operated, at a particular property. Neither the approval of a kennel license application nor the acquisition of a kennel license shall operate to prevent any zoning enforcement action by the Director of Inspectional Services, or any subordinate inspector thereof.
E. 
Upon the suspension or revocation of a kennel license for a particular property pursuant to the provisions of this article or Article II of this chapter or the provisions of Massachusetts General Laws, Chapter 140, Section 137C, or upon the expiration of a kennel license that has not been renewed, the individual dog licensing requirements, restrictions and penalties of this article and of Massachusetts General Laws, Chapter 140, Section 137 through 174D, inclusive, shall apply to that particular property and any dogs that are kept at the same. Any such revocation concurrently shall effectuate the revocation of the approved kennel license application by which said license had been issued. Upon such revocation of an approved kennel license application, no new kennel license application may be submitted for the particular property, or by the holder of the revoked application and license, for two years.
F. 
Operation of an unlicensed kennel, including a type of kennel other than a type for which a license has issued, shall result in a fine of $50 for each dog that is kept overnight on a particular property in excess of four dogs, with each month in which the violation occurs constituting a separate offense. Failure to adhere to the numerical or breed limits of an issued kennel license shall result in a fine of $50 for each dog that is kept overnight on the licensed property in violation of the terms of said license, with each month in which the violation occurs constituting a separate offense.
A. 
In addition to any inspection powers that are provided in Massachusetts General Laws, Chapter 140, Section 137C, the Animal Control Officer may, at any time, inspect, or cause to be inspected, any kennel in order to ensure its compliance with the terms of the approved application and issued license relating to the number and breeds of dogs, the number of annual litters, and the type of kennel, that was approved. By accepting a kennel license, the holder thereof agrees to all such inspections.
B. 
In the event that this inspection, or the annual inspection for the renewal of a kennel license as provided in § 134-7 of this article, uncovers any violation of those terms of an approved application and issued license, the Animal Control Officer may revoke or suspend the license; provided, that such order shall not preclude additionally the issuance of any fines pursuant to this article for any violations of the same that are discovered by this inspection. In the event of any such action, the Animal Control Officer shall file a written decision with the Town Clerk explaining the investigation, findings and result, and shall deliver copies of that decision to the kennel license holder at the property at which the kennel is located and to each abutter of that property. Each such written decision may be appealed by the kennel license holder within 14 calendar days of that delivery. All such appeals shall be filed with the Town Clerk, who shall forward the same to the Animal Control Officer and the Dog Hearing Officer. All such appeals shall be heard by the Dog Hearing Officer within 30 calendar days of said filing. Notice of this hearing shall be delivered to every party to which the written decision of the Animal Control Officer was delivered. During the course of any appeal to the Dog Hearing Officer, the decision of the Animal Control Officer shall be stayed. The Dog Hearing Office may, in his sole discretion and after being given permission by the kennel license holder, conduct a site visit of the particular property at which the kennel is located. The decision of the Dog Hearing Officer shall be filed with the Town Clerk and the Animal Control Officer, and delivered to every party to which the written decision of the Animal Control officer was delivered. The decision of the Dog Hearing Officer shall be final.
A. 
No unspayed female dog shall be bred, or otherwise permitted to have a litter of pups, except as allowed by this section.
B. 
An individual license for an unspayed female dog shall entitle the holder thereof to produce one litter of pups from that dog during that License Period; provided that no more than one litter shall be produced in total in each License Period from all such dogs that are kept regularly at any given property, unless a kennel license has been issued that permits otherwise. Nothing in this section shall preclude the applicability of any licensing requirement for the sale of animals that may be imposed by 330 CMR 12.00 or any other statute, rule, regulation or agency order. Any litter of pups that is produced in violation of either this section or the terms of an approved kennel license application shall result in the imposition of a fine of $100 per pup.
A. 
Individual dog license fee (fixed): $15.
[Amended 6-1-2021 ATM by Art. 24, approved 9-27-2021]
B. 
Individual dog license fee (unfixed): $20.
C. 
Kennel license fees:
(1) 
Ten or fewer dogs: $65.
(2) 
Eleven to 25 dogs: $100.
(3) 
Twenty-six or more dogs: $300.
D. 
Kennel license application fee: $100.
E. 
Kennel license amendment application fee: $50.
F. 
License administrative late fee: $5 per month.
G. 
Replacement tag fee: $2.
H. 
Dangerous dog surcharge: $150.
I. 
Impoundment administrative fee: $5 per day.
J. 
All such fees and surcharges shall be remitted to the General Fund of the Town.
A surcharge, as provided in § 134-10, shall be added to the cost of the individual license for any dog that has been found to be a Dangerous Dog pursuant to the provisions of Massachusetts General Laws, Chapter 140, Section 157, and a surcharge per Dangerous Dog shall be added to the cost of a kennel license when one or more Dangerous Dogs are kept regularly at the property for which the license is issued.
A. 
Any individual dog license that was issued by another municipality within the Commonwealth of Massachusetts may be transferred to the Town of Dartmouth by the Town Clerk without charge; provided, that the Owner of the dog shall be responsible for paying the cost of new tags, as provided in § 134-10; further provided, that no individual dog license that was issued by any other state or foreign jurisdiction may be so transferred. An individual dog license that was issued by the Town Clerk may be transferred to a new Owner of the licensed dog; provided, that such transfer shall be requested to the Town Clerk within 30 days of the change in ownership.
B. 
No kennel license that was issued, and no kennel license application that was approved, by another municipality within the Commonwealth of Massachusetts, or by any other state or foreign jurisdiction, shall be transferable to the Town of Dartmouth. Additionally, no kennel license that was issued by the Town Clerk, and no kennel license application that was approved by the Animal Control Officer, may be transferred to a new owner or renter of the property that was so licensed.
The Animal Control Officer and any Police Officer of the Town may issue the relevant fine that this article provides for any particular violation thereof. All such fines shall be subject to the non-criminal disposition procedures as provided in Chapter 60, Article I, of these General By-Laws and Massachusetts General Laws, Chapter 40, Section 21D. All such fines shall be remitted to the General Fund of the Town.
The provisions of this article are severable. If any court of competent jurisdiction determines that any such provision is in violation of the laws, constitutions or regulations of the Commonwealth of Massachusetts or the United State of America, the remaining provisions shall not be affected thereby and shall continue in full force and effect.