Town of Brewster, MA Chapter 86 Dogs

[HISTORY: Adopted by the Town of Brewster as indicated in article histories. Amendments noted where applicable.]

Article I Restraint

[Adopted 3-5-1973 STM, Art. 55; amended 5-14-1974 STM, Art. 38; 5-10-1976 STM, Art. 50]

§ 86-1 Action by Dog Officer.

To implement the year-round dog restraining order, all dogs found at large shall be picked up by the Dog Officer and brought to the dog pound.

§ 86-2 Violations and penalties.

A fine of $25 shall be paid for an initial offense and a fine of $25 for all subsequent offenses, as provided in MGL c. 140, § 173A, as amended by Ch. 627, Acts of 1973.

Article II Licensing

[Adopted 5-11-1982 ATM, Art. 90]

§ 86-3 Animal control.

[Added 11-19-2001 FYTM, Art. 6[1]]

A. Definitions. The following words and phrases shall have the following meanings:

KEEPER

Any person, other than the owner, harboring or having in his possession any dog.

LICENSE PERIOD

Between January 1 and December 31, both dates inclusive.

[Amended 12-3-2018 FYTM, Art. 10]

MULTIPLE PET HOUSEHOLD

More than three dogs over the age of six months of age at a single private residence.

B. Licensing required.

(1) Effective January 1, 2003, any person residing in the Town of Brewster who, at the beginning of the license period (January 1 to December 31), or who during the license period becomes the owner or keeper of a dog six months old or over, shall cause the dog to be licensed within 30 days.

[Amended 12-3-2018 FYTM, Art. 10]

(2) On the license form, the Town Clerk shall record the name, address, phone number of the owner or keeper of the dog, and the name, license number, breed, age and date of rabies expiration. The name of the Town and the year will also be printed on the tag.

(3) The owner or keeper shall cause the dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced, or destroyed, the owner or keeper shall obtain substitute tags from the Town Clerk at the cost of $1.

(4) The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian’s certificate verifying that the dog is currently vaccinated against rabies.

(5) The fee for each dog license shall be $12 unless it is accompanied by a certificate from a veterinarian stating that the dog has been spayed or neutered, in which case the fee shall be $6. No fee shall be charged for a dog specially trained to lead the blind or serve a blind or deaf person upon presentation to the Town Clerk of a certificate of such training.

(6) The Town Clerk shall collect a late fee of $10 for every dog license issued after the thirty-day period.

(7) Any owner or keeper of a dog who moves into the Town of Brewster and has a valid license for his/her dog from another city or town in the commonwealth may obtain a dog license, upon forfeiture of the old license, for $1.

(8) Violation and penalties. Whoever, as owner or keeper of a dog, fails to license such dog later than the 30 days after a license period begins shall be subject to a fine of $25.

C. Kennel licenses.

(1) Any owner or keeper of more than three dogs shall obtain a kennel license for a multiple pet household upon payment of $50. The owner or keeper shall present the Town Clerk verification that all dogs six months or older have been currently immunized against rabies.

(2) Violations and penalties. Any person who violates the provisions of this subsection shall receive a written warning for the offense, and for each subsequent offense shall be liable for a payment of a fine of $25.

D. Restraining of dogs. All dogs owned or kept within the Town of Brewster shall at all times be kept securely restrained by means of a suitable leash, rope, chain or other reasonable method which effectively confines the dog to the property owned, occupied or controlled by the dog’s owner or keeper; provided, however, a dog in the presence of its owner or keeper or responsible person having charge thereof and under the control of said person, need not be restrained by means of a rope. Whoever as owner or keeper fails to restrain his/her dog shall be subject to a fine of $25 and to act fully thereon.

[1] Editor’s Note: This article also repealed former § 86-3, Annual fees.

§ 86-4 Disposition of funds.

Notwithstanding the provisions of MGL c. 140, § 147, or any other provision of law to the contrary, all money received for licenses or from the sale of dog licenses by the Town under the provisions of said MGL c. 140, relating to dogs, shall be paid into the Town treasury of said Town and shall not thereafter be paid over to the County of Barnstable.

§ 86-5 Licensing official.

Notwithstanding the provisions of MGL c. 140, § 137, or any other provision of law to the contrary, the registration, numeral listing, description and licensing of dogs, if kept in said Town, shall be conducted by the Town Clerk of said Town.