[HISTORY: Adopted by the Town of Barnstable
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-1992 (Art. XLVI-A of Ch. III
of the General Ordinances as updated through 7-7-2003)]
Pursuant to Section 6 of Article 89 of the amendments
to the Constitution of the Commonwealth and § 147A of Chapter
140 of the General Laws, a local system for the licensing, regulation,
control and disposition of dogs is hereby authorized.
The Town Manager shall adopt reasonable regulations
relating to the keeping of dogs within the Town. Such regulations
may include reasonable fees for licensing dogs, which fees shall be
calculated so as not to exceed the cost of regulating dogs within
the Town. No such regulation shall be inconsistent with the provisions
of Chapter 140 of the General Laws relating to (a) the turning over
or sale of animals to any business or institution licensed or registered
as a research facility or animal dealer, as provided in § 151;
(b) the minimum confinement period of dogs as provided in § 151A;
(c) the methods of execution, as provided in said § 151A;
any ordinance of the Town relating to the control or regulation of
dogs or other animals.
All money received from licenses or recovered
from the fines hereunder shall be paid into the Town treasury and
shall not be turned over to the county.
[Adopted 5-5-2011 by Order No. 2011-097]
Not more than one rooster shall at any time be kept on premises
not in agricultural use in the Town of Barnstable except as prohibited
under Subsection C. Any person keeping a rooster on premises not in
agricultural use shall comply with the following. For purposes of
this article, premises shall be deemed to be in agricultural use if
the parcel contains five or more acres primarily and directly used
in the course of business, individually or in any combination, of
farming in all its branches, cultivation and tillage of soil, dairying,
the production, cultivation, growing and harvesting of any agricultural,
aquacultural, floricultural or horticultural commodities, the growing
and harvesting of forest products on forest land, the raising of livestock,
including horses, the keeping of horses, the keeping and raising of
poultry, swine, cattle and other domesticated animals used for food
purposes, bees, and fur-bearing animals; or if the parcel contains
between two and five acres, any of the aforesaid activities generates
at least a $1,000 per acre based on documented gross sales dollars,
regardless of the primary purpose.
A.
The rooster shall be kept between the hours of 7:00 p.m. and 7:00
a.m. within a fully enclosed structure designed to minimize noise.
B.
The person shall not allow or permit such rooster at any time to
annoy another person's reasonable right to peace or privacy by
making loud or continuous noise where such noise is plainly audible
between the hours of 7:00 a.m. and 7:00 p.m. at a distance of 150
feet from the premises where the rooster is kept, or between the hours
of 7:00 p.m. and 7:00 a.m. at a distance of 50 feet from the premises
where the rooster is kept, or when such noise is continuous in excess
of 10 minutes.
C.
The provisions of this article may be enforced pursuant to MGL c. 40, § 21D, and Article I, Noncriminal Enforcement of Violations, of Chapter 1, General Provisions, of the Code of the Town of Barnstable for the first three violations; and by prohibiting the further keeping of roosters in lieu of or in addition to enforcement pursuant to MGL c. 40, § 21, for each violation thereafter.
