[Adopted 3-11-1991 STM, Art. 4]
[Amended 5-2-2022 ATM by Art. 11]
A. 
In addition to the requirements set forth in this bylaw, the licensing, keeping and control of animals shall be in accordance with all applicable provisions of the Massachusetts General Laws, including but not limited to the provisions of MGL c. 140, §§ 136A to 174E, inclusive, as may be amended from time to time, which provisions are incorporated herein.
B. 
The owner or keeper of a dog over the age of six months shall obtain a license for the dog. The registering, numbering, describing and licensing of a dog shall be conducted in the office of the Town Clerk.
C. 
The Town Clerk shall not grant a license for a dog unless the owner of the dog provides a veterinarian's certification that the dog has been vaccinated in accordance with MGL c. 140, § 145B, certification that such dog is exempt from the vaccination requirement under said § 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog.
D. 
The license shall be granted upon condition that the dog shall be controlled and restrained from killing, chasing or harassing livestock or fowl. The owner of a dog may add descriptive words, not over 10 in number, upon the license form to indicate the color, breed, weight or special markings of the licensed dog. The owner or keeper of a licensed dog shall keep affixed around the dog's neck or body a collar or harness of leather or other suitable material, to which a tag shall be securely attached. The tag shall have inscribed upon it the dog's license number, the name of the town issuing the license and the year of issue. If the tag becomes lost, the owner or keeper of the dog shall immediately secure a substitute tag from the Town Clerk at a cost to be determined by the Town, and the fee for the substitute shall, if received by the Town Clerk, be retained by the Clerk unless otherwise provided by law. This section shall not apply to a person to whom a valid kennel license has been issued.
E. 
This section shall not apply to a dog or cat housed in a research institution.
F. 
Any household of more than four dogs is required to obtain a kennel license. Any household of less than four dogs, three months old or older, who does not maintain a kennel may elect to secure a kennel license in lieu of licensing the dogs individually.
G. 
The owner or keeper must be at least 18 years of age to obtain any dog license.
H. 
The license period for individual dog and kennel licenses is January 1 through December 31 of each year.
I. 
The term "kennel" shall as be defined in MGL c. 140, 136A, as may be amended from time to time, as follows, and including the different types of kennels as defined therein:
COMMERCIAL BOARDING OR TRAINING KENNEL
An establishment used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal; provided, however, that "commercial boarding or training kennel" shall not include an animal shelter or animal control facility, a pet shop licensed under MGL c.129, § 39A, a grooming facility operated solely for the purpose of grooming and not for overnight boarding or an individual who temporarily, and not in the normal course of business, boards or cares for animals owned by others.
COMMERCIAL BREEDER KENNEL
An establishment, other than a personal kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers or pet shops in return for consideration.
DOMESTIC CHARITABLE CORPORATION KENNEL
A facility operated, owned or maintained by a domestic charitable corporation registered with the department or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates consistent with such purposes while providing veterinary treatment and care.
KENNEL
A pack or collection of dogs on a single premises, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
PERSONAL KENNEL
A pack or collection of more than four dogs, three months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed or for use in legal sporting activity or for other personal reasons; provided further, that selling, trading, bartering or distributing such breeding from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided further, that a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally owned dog; and provided further, that dogs temporarily housed at a personal kennel, in conjunction with an animal shelter or rescue registered with the department, may be sold, traded, bartered or distributed if the transfer is not for profit.
VETERINARY KENNEL
A veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that "veterinary kennel" shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary care.
[Amended 6-15-1998 ATM, Art. 33; 5-6-2013 ATM, Art. 26; 5-2-2022 ATM by Art. 11]
Licensing fees for each license period or any portion thereof are:
A. 
For any one spayed or neutered dog: $10; for any one intact dog: $15.
B. 
For a kennel license for keeping:
(1) 
Up to four dogs: $25.
(2) 
Up to 10 dogs: $50.
(3) 
Over 10 dogs: $75.
C. 
The owner or keeper of unlicensed dogs or kennels will be assessed a late fee of $25 per dog or kennel, in addition to the licensing fee, if the owner or keeper fails to license their dog(s) or kennel by the last day of February of each year.
[Amended 5-2-2022 ATM by Art. 11]
A. 
The Animal Control Officer or the Assistant Animal Control Officer is authorized to enforce this bylaw and to collect any fines.
B. 
In addition to the remedies set forth herein and in MGL c. 140, §§ 136A to 174E, inclusive, or any other applicable provision of law, this bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D.
C. 
If noncriminal disposition is elected, then any person who violates any provision of this bylaw shall be subject to the following penalties:
(1) 
First offense: $50 fine.
(2) 
Second offense: $100 fine.
(3) 
Third offense: $300 fine.
(4) 
Fourth or subsequent offense: $500 fine.
D. 
Subsequent offenses shall be determined as offenses occurring within two years of the date of the first noticed offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
[Amended 5-2-2022 ATM by Art. 11]
The Town Clerk may retain $0.75 out of each dog and kennel licensing fee as his/her fee for processing the license. The remainder of the licensing fees and all fines will be retained by the town as receipts reserved (for future appropriation, i.e., they will not become operating surplus).
[1]
Editor's Note: See also Ch. 97, Officers and Employees, Art. IV, Payment of Fees to Treasury.
The Town Clerk and Selectmen may review these fees and recommend changes to a Town Meeting whenever deemed necessary.
[Amended 5-2-2022 ATM by Art. 11]
This article shall take effect on January 1, 2023, and will supersede the provisions of any existing general or special bylaw contrary to it.