[Adopted ATM 4-2-1984, Art. 35]
[Amended ASTM 4-7-1992, Art. 38; STM 4-6-1993, Art. 15, approved 7-16-1993; AFTM 11-8-2004, Art. 10,
approved 12-30-2004; ATM 4-7-2008, Art. 48, approved 5-20-2008]
All dogs within the Town of Falmouth shall be
duly licensed by the Town Clerk on or before July 1 of each year and
in accordance with the provisions of MGL c. 140, §§ 137
and 137A. For licensing purposes, all dogs must be currently inoculated
against rabies. Dog licenses shall be issued by the Town Clerk upon
payment of a fee of eight dollars ($8.) per year for a neutered or
spayed dog and fifteen dollars ($15.) per year for all other dogs.
A license may be issued for a term of one (1), two (2) or three (3)
years, whichever will coincide with the renewal date of the required
rabies inoculation.
A person who at the commencement of a license
period or who during any license period becomes the owner or keeper
of a dog three (3) months old or older which is not duly licensed,
and the owner or keeper of a dog when it becomes three (3) months
old during a license period, shall cause it to be registered, numbered,
described and licensed until the end of such license period. The registering,
numbering, describing and licensing of a dog shall be accomplished
in the office of the Town Clerk. The owner or keeper of a dog so licensed
shall cause such dog to wear around its neck or body a collar or harness
of leather or other suitable material, to which shall be securely
attached the license tag issued by the Town Clerk's office.
[Amended AFTM 12-1-1993, Art. 41, approved 2-25-1994]
A.
COMMERCIAL KENNEL
KEEPER
KENNEL
OWNER
VETERINARY HOSPITAL
Definitions. For the purposes of this section, the
following terms shall have the meanings indicated:
A kennel maintained as a business for the breeding, rearing,
training, boarding or grooming of dogs or which sells dogs born and
raised on the premises from more than one (1) litter per year.
The owner or person hired by the owner to provide for the
care of the dogs sheltered within the licensed kennel.
A shelter for four (4) or more dogs, six (6) months of age
or over.
The person in whose name the kennel license is issued.
Shall not be considered a kennel unless it contains an area
for the grooming or selling of dogs or for the boarding of dogs for
other than medical or surgical purposes, in which case it shall apply
in writing to the Town Clerk, submitting approval forms from the Zoning
Enforcement Officer for the required kennel license.
B.
License requirements.
(1)
Any owner or keeper of four (4) or more dogs, six
(6) months of age or over, and not eligible for a multiple dog license,
shall obtain a kennel license upon written application to the Town
Clerk and approval of the Zoning Enforcement Officer and Animal Control
Officer, who shall inspect the proposed licensed premises for compliance
with basic standards of cleanliness, proper care and confinement as
recommended by the Massachusetts Society for the Prevention of Cruelty
to Animals and recordkeeping as required by the law. The Animal Control
office shall thereafter inspect each licensed premises at least one
(1) time each year. Application for kennel license may also require
a special permit from the Zoning Board of Appeals if the Zoning Bylaw
so provides.
[Amended ATM 4-4-2007, Art. 51, approved 5-21-2007]
(2)
The kennel license shall be on a form prescribed and
furnished by the Town Clerk and shall specify the name of the owner,
the name of the property owner, the name of the kennel, the name of
the keeper, the location of the kennel, proof of current rabies inoculation
from a licensed veterinarian, and any special conditions which may
be imposed by the Zoning Enforcement Officer and/or the Zoning Board
of Appeals.
(3)
Failure of the Zoning Enforcement Officer to give
written approval at a proposed location will cause the Town Clerk
to refuse to issue a kennel license at such location.
(4)
The license shall be renewed annually. The required
fee shall be paid to the Town Clerk at the time application is made
for renewal of the license. If the owner or keeper fails to renew
the license prior to the expiration date of the current license, he/she
shall be deemed to have forfeited the license and he/she shall apply
to the Zoning Enforcement Officer as if applying for a new license.
(5)
A kennel license shall be in lieu of any other license
required for any dog which may be kept in such kennel for any portion
of the period for which the license is issued. The owner or keeper
of such kennel shall renew the license prior to the commencement of
each succeeding license period.
(6)
The Town Clerk shall issue, without charge, upon application
and written approval of the Zoning Enforcement Officer and the Board
of Appeals, a kennel license to any domestic charitable corporation
incorporated in the Commonwealth of Massachusetts exclusively for
the purpose of protecting animals from cruelty, neglect or abuse.
C.
Fee schedule.
(1)
Four (4) dogs (maximum): ten dollars ($10.) per year.
(2)
Ten (10) dogs (maximum): twenty-five dollars ($25.)
per year.
(3)
More than ten (10) dogs: fifty dollars ($50.) per
year.
(4)
The Town Clerk shall issue, without charge, upon receipt
of written approval of the Zoning Enforcement Officer, a kennel license
to any domestic charitable corporation incorporated in the Commonwealth
of Massachusetts exclusively for the purposes of protecting animals
from cruelty, neglect or abuse.
D.
Kennel activity.
(1)
While at large, each dog in a kennel shall wear a
collar or harness to which shall be securely attached a tag upon which
shall appear the number of the kennel license and the words "Town
of Falmouth." Such tag shall be in a form prescribed and furnished
by the Town Clerk. The words "at large" for the purpose of this section
shall mean within the confines of the property of the owner of the
kennel.
(2)
All holders of kennel licenses shall maintain said
kennel in manner supportive of a healthy environment for the keeping
of dogs.
[Added ATM 4-5-2007, Art. 49, approved 5-21-2007]
A.
Any owner or keeper of between four (4) and nine (9)
dogs being over the age of six (6) months, being maintained in a private
residence for noncommercial purposes and all of which have been spayed
or neutered, (except those animals registered with the American Kennel
Club, the Canadian Kennel Club or the United Kennel Club that are
being shown in breed) shall secure a multiple pet license in lieu
of obtaining a commercial kennel license. Such license issuance shall
be contingent upon inspection of the licensed premises by the Animal
Control Officer to ensure that basic standards of cleanliness and
proper care and confinement of said dogs as recommended by the Massachusetts
Society for the Prevention of Cruelty to Animals are followed.
B.
The holder of a multiple pet license shall cause each
dog to wear, while it is at large, a collar or harness to which shall
be securely attached a tag upon which shall appear the number of such
license, the year of issue and the inscription "Falmouth." Such license
shall be in a form prescribed by the Town Clerk. The Town Clerk shall
not issue a multiple pet license unless the owner or keeper provides
the Town Clerk with a veterinarian's certificate verifying that each
dog over the age of six (6) months is currently vaccinated against
rabies and spayed or neutered (except those animals registered with
the American Kennel Club, the Canadian Kennel Club or the United Kennel
Club that are being shown in breed.)
C.
The license period for a multiple pet license shall
be from January 1 to December 31, inclusive. The fee for each multiple
pet license shall be determined by the Board of Selectmen for between
four (4) and nine (9) dogs kept in said household, provided that,
for the purpose of determining the amount of such fee for any household,
dogs under the age of six (6) months shall not be counted in the number
of dogs therein.
[Amended AFTM 12-1-1993, Art. 41, approved 2-25-1994]
A.
Inspection. The Chief of Police or his designee, the
Animal Control Officer or his designee, the Zoning Enforcement Officer
or his designee, or persons appointed under Chapter 147, Section 10,
of the General Laws, may at any time inspect or cause to be inspected
any kennel.
B.
Suspension, regulation, revocation of license.
(1)
Sanitary/humane conditions/inadequate recordkeeping.
If, in the judgment of person(s) authorized under § 83-16A,
the kennel is found not to be maintained in a sanitary and humane
manner, or if records are not properly kept as required by the law,
or where a violation of a special permit exists, the Board of Selectmen,
at a public hearing, a majority vote thereof, shall by order revoke
or suspend said kennel license. In the case of suspension of said
license, the Board of Selectmen, a majority vote thereof, may reinstate
such kennel license by imposing conditions and regulations upon the
operation of said kennel.
(2)
Public nuisance. Upon petition of twenty-five (25)
residents in the neighborhood of the kennel, filed with the Board
of Selectmen, setting forth that they are aggrieved or annoyed to
an unreasonable extent by one (1) or more dogs at a kennel located
in the Town because of excessive barking or vicious disposition of
such dog or dogs or other conditions connected with the kennel that
constitute a public nuisance, the Board of Selectmen shall, within
seven (7) days of the filing of such petition, give notice to all
parties concerned of a public hearing to be held within twenty-one
(21) days after the date of such notice. Within fourteen (14) days
after the public hearing, the Selectmen shall make an order either
revoking or suspending such kennel license or otherwise regulating
the operation of said kennel, or shall dismiss such petition.
(3)
Within ten (10) days after such order the holder of
such kennel license may bring a petition in the District Court praying
that such order be reviewed by the Court.
(4)
The Animal Control Officer or his designee may periodically
inspect the premises where the kennel license has been revoked and
shall institute court proceedings if he/she finds that the a kennel
continues to be maintained on the premises.
C.
Penalties. Whosoever violates any provision or portion
thereof of this bylaw shall be fined:
(1)
Twenty-five dollars ($25.) for the first offense.
(2)
Fifty dollars ($50.) for the second offense.
(3)
One hundred dollars ($100.) for the third offense.
(4)
Two hundred dollars ($200.) for each subsequent offense,
such fine to be assessed on a per-dog-found-on-the-premises basis
of said violator. Each day on which any violation exists shall be
deemed to be a separate offense.
Enforcing persons for this Article are the Dog
Officer or his designee, the Conservation Officer or his designee,
the Chief of Police or his designee. Reference for the Article is
MGL C. 140, §§ 173, 137 and 137A.
