[Amended 11-30-2015 by Ord. No. 15-090]
(a)
Anyone wishing to keep more than four dogs, three months (13 weeks)
or older, shall apply for a personal kennel license.
(b)
The maximum number of dogs allowed to be kept under a personal kennel
license is six.
(c)
Any application for a personal kennel license shall be submitted
to the Town Clerk's office on a form provided by the Town Clerk.
(d)
In addition to meeting all of the requirements of MGL c. 140, §§ 137A
to 137C, any person who receives a kennel license shall maintain the
premises in accordance with the following specifications: a minimum
ten-foot setback from the kennel to an adjacent property line and
a minimum twenty-foot setback from the kennel to abutting habitable
structure, 100 feet from a wetland, 200 feet from a high water mark
of a source of drinking water or tributary thereof, and 10 feet from
an occupied dwelling on the same property where the kennel is kept.
No personal kennel license shall be issued unless the applicant demonstrates
that the use of the subject property as a kennel is permitted under
the Town's Zoning Ordinances.[1]
(e)
New applicants requesting a license must notify direct abutters by
certified mail or constable. Proof of notification must be submitted
with the application.
(f)
The Weymouth Animal Control Officer shall inspect the facility before
the personal kennel license shall be issued or renewed.
(g)
Each personal kennel license may be issued by the Town Clerk from
January 1 until December 31 of the calendar year, and the annual fee
for such shall be charged in accordance with the Town fee schedule.
(h)
The personal kennel shall be maintained in sanitary condition.
(i)
The personal kennel shall not cause a nuisance to others, as such
term is defined in MGL c. 140, § 136A.
(j)
The animals within the kennel shall not be found at large, not under
the control of the owner.
(k)
The kennel shall not cause a health or safety hazard to the animals
within the kennel or to the general public, or owner/operator of the
kennel.
(l)
All dogs within a personal kennel shall be vaccinated for rabies
and certificates must be produced for inspection when requested.
(a)
In addition to meeting all of the requirements of MGL c. 140, §§ 137A
to 137C, applications for a new commercial kennel license shall be
submitted to the Town Clerk's office, on a form provided by the Town
Clerk, along with two copies of interior and exterior plans of the
kennel, as well as a plot plan.
(b)
No new kennel license will be issued until proof is submitted by
the applicant that the location and operation of the kennel are in
compliance with the Town of Weymouth's zoning and land use regulations.
(c)
No new kennel license will be issued unless the Weymouth Animal Control
Officer, Weymouth Health Department, Weymouth Building Department,
and Town Clerk review and approve the application. All kennel license
renewals must be inspected by the Weymouth Police Animal Control Officer
before a kennel license can be renewed.
(d)
Each kennel license may be issued by the Town Clerk from January 1 until December 31 of the calendar year, and each kennel shall be charged in accordance with the fee schedule per Subsection (f).
(e)
First time applicants must notify all direct property abutters in
writing of the applicant's intent to operate a commercial kennel,
and evidence of notification must be submitted with the application.
(f)
The annual fee for a commercial kennel license will be set in accordance with the Weymouth Code of Ordinances § 5-305 after review and consent of the Mayor.
(g)
Commercial kennel licensees shall be issued 35 dog tags, and any
dog on the property other than 35 covered under the kennel license
shall wear a town dog license tag from the town where the dog is licensed
and shall be available for inspection upon request.
(a)
Housing facilities for dogs shall be maintained in good repair and
in a sanitary condition in such as manner as to protect the dogs from
injury or disease, to contain the dogs, and to restrict the entrance
of other animals; and location, construction, arrangement and operation
of commercial kennels shall not constitute a nuisance.
(b)
Reliable and adequate utilities are required (i.e., electric power,
natural gas, oil, water, sewer/septic). Adequate potable water shall
be provided.
(c)
Supplies of food and bedding shall be stored in facilities which
adequately protect such supplies against infestation or contamination
by vermin or other contaminant. Refrigeration shall be provided for
supplies of perishable food or medication.
(d)
Provision shall be made for the removal and disposal of dog and food
wastes, bedding, and other debris. Waste facilities shall be provided
and operated as to control vermin infestation, odors and disease hazards.
(e)
Facilities, such as washrooms, basins or sinks, shall be provided
in the kennel to maintain cleanliness among dog caretakers; hot and
cold running water, soap, and towels shall be provided. Toilet facilities
shall be provided in the kennel or nearby on the premises and shall
be kept clean, sanitary, and in good repair.
(f)
Premises shall be kept clean, sanitary and in good repair in order
to protect the dogs from injury or disease. Premises shall remain
free of accumulations of trash, feces, and the overgrowth of vegetation
up to the property line or within 20 feet of the facility. Insects,
parasites, rodents, and other pests shall be controlled effectively.
(g)
All commercial kennels shall have an appropriately stocked animal
first aid kit that will be available and easily accessible at all
times.
(h)
All commercial kennels shall post Red Cross or similar animal CPR
guidance in a conspicuous spot within the kennel.
(i)
All commercial kennels shall only administer medication to animals
if it is in the original veterinary prescribed bottle or container.
(j)
All commercial kennels shall have an on-call veterinarian on file
that they may consult with for medical advice.
(k)
Commercial kennels that offer grooming shall keep boarded dogs and
groomed dogs separate at all times, unless proof of rabies vaccination
is available. No dog shall be groomed that is not current on rabies
vaccination.
(a)
Indoor dog facilities shall be provided for all pet shops, shelters
and kennels in order to protect the dogs from adverse weather condition.
(b)
Indoor housing facilities for dogs shall be sufficiently heated when
necessary to protect the dogs from cold, and to provide for their
health and comfort. Adequate heat shall mean enough heat necessary
to prevent physical damage to a dog from hypothermia. The dogs' age,
physical condition and hair coat shall be taken into consideration.
The temperature at the height level of the dogs shall not be allowed
to fall below 55° F. in any indoor primary enclosures where dogs
are housed.
(c)
Indoor housing facilities for dogs shall be adequately ventilated
to provide for the health and comfort of the animals at all times.
Such facilities shall be provided with fresh air either by means of
windows, doors, vents, or air conditioning and shall be ventilated
so as to minimize drafts, odors and moisture condensation. Auxiliary
ventilation, such as exhaust fans and vents or air conditioning, shall
be provided when the ambient temperature is 80° F. or higher.
(d)
Indoor housing facilities for animals shall have ample light, by
natural or artificial means, or both, of good quality and well distributed.
Such lighting shall provide uniformly distributed illumination or
sufficient light intensity to permit routine inspection and cleaning
during the entire working period.
(e)
Primary enclosures shall be so placed as to protect the animals from
excessive sunlight.
(f)
The interior building surfaces of indoor housing facilities at commercial
kennels shall be constructed and maintained so that they are impervious
to moisture and may be readily cleaned and sanitized.
(g)
Commercial kennels shall have a suitable method to eliminate excess
wash water from indoor housing facilities. Drains, when used, shall
be properly constructed and kept in good repair to avoid foul odors
and backup. Facilities which are not connected to a municipal sewerage
system shall have a system for the disposal of dog excrement that
meets all applicable state and local standards.
(h)
Commercial kennels shall have personnel on site at all times when
dogs are present, unless adequate security measures are available
to ensure the safety of the animals present, such as a security/fire
protection system or live video.
(i)
Commercial kennels shall have one person on site at all times during
normal business hours that is trained in Red Cross or similar dog
CPR and first aid.
(a)
When sunlight is likely to cause overheating or discomfort, sufficient
shade shall be provided to allow dogs kept outdoors to protect themselves
from the direct rays of the sun.
(b)
Whenever dogs are kept outdoors, they shall be provided with access
to shelter to allow them to remain dry during rain, snow, or other
adverse weather condition.
(c)
A suitable method shall be provided to drain surface water rapidly.
(d)
Surfaces of outdoor enclosures of pet shops, shelters and kennels
shall be constructed and maintained so that they-are impervious to
moisture and may be readily cleaned and sanitized; runoff from outdoor
enclosures shall be disposed of in accordance with all applicable
regulations.
(e)
Outdoor facilities shall be adequately secured to protect the dogs
from predators, as well as to contain the dogs.
(f)
All commercial kennels shall post the "signs/symptoms of heat stroke
and hypothermia" in dogs within outdoor and indoor play areas.
(g)
Clean water shall be supplied at all times at outdoor kennels.
(a)
Primary enclosures shall be structurally sound and maintained in
good repair so as to: contain the dogs; protect dogs from injury;
keep predators out; enable dogs to remain dry and clean; permit dogs
convenient access to food and water as required in these rules; provide
sufficient space for each dog to turn about freely and to stand, sit
and lie in a comfortable normal position; and have no sharp points
or edges accessible to the dogs that could cause injury.
(b)
Animals housed in the same enclosure shall be maintained in compatible
groups.
(c)
Sexually intact males and females shall not be housed in the same
enclosure, except for breeding purposes requested by the owner in
writing.
(d)
Any dog exhibiting a vicious disposition shall be housed individually
in a primary enclosure.
(e)
Immature dogs shall not be housed in the same primary enclosure with
adults other than their mother.
(f)
Animals of different species shall not be housed in the same primary
enclosures.
(g)
Dogs shall not be placed in empty primary enclosures previously inhabited
by other animals unless the enclosure has first been cleaned and disinfected.
(h)
Animals showing signs of contagious illness shall be removed from
rooms and enclosures containing healthy animals and housed in a separate
isolation room.
(i)
The floors of primary enclosures shall be constructed so as to protect
the dogs' feet and legs from injury. Enclosures may have grid-type
flooring, provided that the grid material is of adequate gauge to
prevent sagging under the weight of the dog and that the mesh is small
enough to prevent their feet from passing through or to cause cutting
injuries to foot pads.
(j)
Dogs confined in a primary enclosure shall be exercised in runs or
walked on a leash at least three times a day, totaling 60 minutes
of exercise.
(k)
Dogs shall not be tied to fences or cages in lieu of being housed
in primary enclosures.
(a)
Dogs being boarded overnight shall be fed at least once each day
except as otherwise might be required to provide adequate care. Food
from the previous day shall be discarded and fresh food supplied daily
except when self-feeders are used.
(b)
The food shall be free from contamination, wholesome, palatable,
and of sufficient quantity and nutritional value to meet the normal
daily requirements for the condition and size of the dogs.
(c)
Immature dogs shall be fed in accordance with generally accepted
procedures; those animals less than three months of age shall be fed
three times daily; those three to six months of age shall be fed twice
daily.
(d)
Containers of food shall be accessible to animals and shall be located
so as to minimize contamination by excreta or other contaminants and
sources of filth.
(e)
Feeding pans shall be durable, cleaned and sanitized daily.
(f)
Disposable food receptacles may be used but must be discarded after
each feeding.
(g)
Self-feeders may be used for the feeding of dry food and they shall
be cleaned regularly to prevent molding, deterioration or caking of
feed.
(h)
Potable water must be accessible to dogs at all times unless contraindicated
by a written veterinarian order. Receptacles for such purposes shall
be cleaned daily.
(a)
Primary enclosures for animals shall be physically cleaned often
enough to prevent an accumulation of debris, excretions, and agents
that may cause injury to animals or humans.
(b)
Cages, floors, and hard surfaced pens or runs shall be sanitized
at least once per day by washing them with hot water (180° F.)
and soap or detergent as in a mechanical cage washer, or by washing
all soiled surfaces with a detergent solution followed by a safe and
effective disinfectant.
(c)
Premises shall be kept clean, sanitary, and in good repair in order
to protect the animals from injury and disease, to facilitate the
prescribed sanitary practices as set forth in these rules, and to
prevent nuisances.
(d)
An effective program for the control of insects, parasites, rodents,
and other pests shall be established and maintained.
(e)
Excretions shall be removed from the primary enclosures as often
as necessary to prevent contamination of the dogs contained therein
and to control disease hazards and odors. When cleaning, any dog contained
therein shall be removed from such enclosures during the cleaning
process, and adequate measures shall be taken to protect the dogs
in other such enclosures from being contaminated with water and other
wastes.
(a)
Each animal shall be observed daily for signs of communicable disease
or stress. Sick, diseased, injured or lame dogs shall be provided
with at least prompt, basic veterinary care (that is, to alleviate
pain and suffering), unless such action is inconsistent with the purposes
for which the dog was obtained and is being held.
(b)
Any dog under confinement for, or with signs of, a communicable disease
shall be separated from other healthy animals and placed in an isolation
area in order to minimize dissemination of such disease. Caretakers
shall wash their hands after handling these dogs and follow procedures
which control the dissemination of disease.
(c)
Cleaning utensils for the isolation area shall be separate from those
used for cleaning the general animal population area; such utensils
shall either be washed separately from, or after, those used for the
general population.
(d)
All dogs within the kennel shall have current vaccinations for rabies,
distemper and Bordetella.
(e)
If, in the opinion of the Weymouth Animal Control Officer or the
Director of Public Health, additional vaccinations are necessary due
to animal or public health concerns, additional vaccinations may be
required. If additional vaccinations are required, license holders
will be notified in writing by the Animal Control Officer or Director
of Public Health.
(a)
There shall be kept at each kennel or private shelter a record of
all dogs received. Such record shall state the date each animal was
received, description of animal, breed, age and sex of animal; name,
address, contact information of person from whom acquired and vaccination
records for each animal being kept. These records shall be kept for
two years.
(b)
All commercial kennels shall maintain a list of all dogs' medical
conditions, as well as medications.
(c)
Each commercial kennel or private shelter shall have an adequate
written emergency plan for the emergency medical treatment of its
dogs, as well as in the case of a natural disaster. The kennel shall
maintain proof that all employees have read, understood, and know
the whereabouts of this document.
(d)
A licensee shall promptly notify the licensing agency of any change
in his or her name and address, or any change in operations which
may affect his or her status.
(e)
Any incident involving dog bites or any injuries requiring veterinarian
care to a dog shall be reported to the Weymouth Animal Control Officer
within eight hours of the incident.
(f)
Any dog found deceased at a kennel must be reported to the Weymouth
Animal Control Officer or Weymouth Police Department immediately after
the dog is found.
(a)
Pursuant to MGL c. 140, § 137C, the Mayor, Chief of Police
or Animal Control Officer may at any time inspect a kennel or cause
the inspection of a kennel. Said inspection may include examination
of any pertinent records pertaining to this ordinance. Refusal to
comply with an inspection may be grounds for an emergency suspension
or revocation.
(b)
Random compliance inspections can occur on an annual basis or other
time period as deemed appropriate for such facility. At the time of
the inspection, or promptly thereafter, the inspecting authority will
document any violations found.
(a)
This ordinance may be enforced by the Weymouth Animal Control Officer,
Health Department, Inspectional Services Department or the Police
Department, and if, in the judgment of Chief of Police, Animal Control
Officer, and the Health Department, the kennel is not being maintained
in a sanitary and humane manner or if records are not properly kept
as required by law, such person or body shall, by order, revoke or
suspend the license for the kennel.
(b)
This ordinance may also be enforced through appropriate criminal
or civil process under Massachusetts General Laws.
(a)
Penalties for violation of any provision of §§ 6-700
through 6-812 may result in the following fines and/or suspension
or revocation of applicable license or permit:
