BYLAW AMENDMENT / PET SALE RESTRICTIONS / RETAIL PET SALES

To see if the Town will vote to amend Title I of the Town Bylaws to add a new provision to ban the sale of mammals, birds, reptiles, and amphibians in pet shops within the Town, by making it unlawful; or take any action related thereto.

Inserted at the request of Asia Kepka and ten registered voters

Voted (5-0). The Board heard from the amendment proponents as well as the public. Mr. Helmuth noted that Cambridge City Councilor Marc McGovern’s letter to the Board noted that a similar ban was enacted in their City and resulted in a smooth transition away from retail pet sales, even though only one store (PetSmart) was selling pets at the time. The proponents noted that no retail pet stores in the Town are selling pets, and, similar to Article 15, the timeliness of favorable action on Article 16 is warranted.

Mr. Hurd provided commentary that underscored the necessity and practicality of the amendment, but inquired as to why it did not include a ban on selling pet fish. Mr. Diggins raised the question of whether any other community had included pet fish in similar bylaws.  A discussion ensued regarding whether it was appropriate to add fish as a category in the amendment. After consideration, the Board agreed to add a new section banning the sale of pet fish, but noted after public comment that this exclusion would need an exemption for fish used for food consumption. Ms. Mahon moved for favorable action and the Board voted unanimously in support of this bylaw amendment.

That the Town does and hereby amends Title I of the Town’s Bylaws to add a new provision to ban the sale of mammals, birds, reptiles, amphibians and fish in pet shops within the Town, by making it unlawful; or take any action related thereto, so that the new provision of Title I reads as follows:

TITLE I

ARTICLE 25

RETAIL PET SALES

Section 1. Definitions

For purposes of this Article, the following words and phrases have the definitions set forth next to them:

A.    “Animal Rescue Organization”: Means a not-for-profit organization that is registered with the Massachusetts Department of Agricultural Resources, if required, and whose mission and practice is, in whole or in significant part, the rescue and placement of mammals, birds, reptiles or amphibians into permanent homes. The term "animal rescue organization" does not include any person or entity that breeds animals or obtains animals in exchange for payment or compensation from a person that breeds or brokers animals.

B.     “Offer for Sale”: Means to advertise or otherwise proffer an animal for acceptance by another person or entity.

C.     “Pet Shop”: Means a retail establishment where animals are sold or offered for sale as pets which is required to be licensed pursuant to MGL c. 129, § 39A, and 330 CMR 12.00. A person who only sells or otherwise transfers the offspring of animals the person has bred on their residential premises shall not be considered a "pet shop" for purposes of this section.

D.    “Public Animal Control Agency or Shelter”: Means a facility operated by a governmental entity for the purpose of impounding seized, stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated for the same purposes under a written contract with a governmental entity.

E.     “Sell”: Means to exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer for consideration.

Section 2. Prohibition of the Sale of Mammals, Birds, Reptiles and Amphibians

A.    It shall be unlawful for a pet shop to sell or offer for sale a mammal, bird, reptile or amphibian.

B.     A pet shop may provide space for the display of mammals, birds, reptiles or amphibians available for adoption by a public animal control agency or shelter or an animal rescue organization so long as the pet shop receives no part of any fees associated with the display or adoption of the animals and has no ownership interest in any of the animals displayed or made available for adoption.

Section 3. Prohibition on the Sale of Pet Fish

A.    It shall be unlawful for a pet shop to sell or offer for sale any fish that is intended to be kept as a pet in a tank, bowl or other water-filled enclosure in which living fish or other aquatic animals are kept.

B.     A pet shop may provide space for the display of fish available for adoption by a public animal control agency or shelter or an animal rescue organization so long as the pet shop receives no part of any fees associated with the display or adoption of the fish and has no ownership interest in any of the fish displayed or made available for adoption.

C.     This Section shall not be construed to prohibit the sale of fish meant for human consumption that is otherwise commercially available.

Section 4. Enforcement and severability

A.    This Bylaw shall be enforced by the Town Manager or the Town Manager's designee pursuant to MGL c. 40, § 21D, according to the following schedule:

First offense: $50;

Second offense: $100;

Third and each subsequent offense: $300.

Each unlawful sale or offer for sale shall constitute a separate violation.

B.     This Bylaw may also be enforced through any other means available in law or equity. Nothing in this Bylaw may be construed to alter or amend any other legal obligations applicable to the sale of fur, or any other entities, under any other law or regulation.

C.      The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof.

Select Board Report

Amendment, Mustafa Varoglu, Precinct 10

Presentation Slides, submitted by Asia Kepka, Precinct 1