Vote Language:
That the Town does and hereby amends Title VIII, Article 2 of the Town Bylaws to make changes as required under Chapter 213 of the Acts of 2024 (“Ollie’s Law”) and for the Bylaw’s clarity and effectiveness; or take any action related thereto, so that the new provision of Title VIII reads:
ARTICLE 2
CANINE CONTROL
Section 1. Dogs (ART. 13, ATM-4/29/13)
A. Nuisance and Dangerous Dogs
1. Definitions.
a. “Nuisance dog” is a dog that:
i. by excessive barking or other disturbance is a source of annoyance to a sick person residing in the vicinity;
ii. by excessive barking, causing damage or other interference, behaves in a manner that a reasonable person would find disruptive to quiet and peaceful enjoyment; or
iii. has threatened or attacked livestock, a domestic animal, or a person in a manner not grossly disproportionate under all the circumstances.
b. “Dangerous dog” is a dog that either:
i. without justification, attacks a person or domestic animal causing injury or death; or
ii. behaves in a manner that a reasonable person would believe poses an unjustified imminent threat or physical injury or death to a person or to a domestic or owned animal.
c. No dog shall be deemed dangerous:
i. solely based upon growling, barking or both;
ii. based upon the breed of the dog; or
iii. if, at the time of the incident in question, the dog was reacting to another animal or person in a manner not grossly disproportionate to any of the following circumstances:
a. the dog was protecting or defending itself, its offspring, another domestic animal, or a person from attack or assault;
b. the person attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog;
c. the person attacked or threatened was engaged in teasing, tormenting, battering, assaulting, injuring, or otherwise provoking the dog; or
d. at the time of the attack or threat, the person or animal attacked or threatened and breached an enclosure or structure, including but not limited to a gated and fenced-in area, in which the dog was kept apart from the public, without being authorized to do so by owner of the premises.
A child under age 7 shall be rebuttably presumed not to have been committing a crime, provoking the dog, or trespassing at the time of the attack or threat.
2. Complaint. Any person may file a written complaint with the Select Board that a dog kept in the Town is a nuisance dog or a dangerous dog.
3. Disposition: The Select Board shall investigate or cause to be investigated the complaint, including an examination under oath of the complainant at a public hearing. Based on credible evidence and testimony presented at the public hearing, the Select Board or its designee (“Hearing Authority”) shall take the following action:
a. Nuisance dog. If the dog is complained of as a nuisance dog, the Hearing Authority shall either (a) deem the dog a nuisance dog; or (b) dismiss the complaint
b. Dangerous dog. If the dog is complained of as a dangerous dog, the Hearing Authority shall either (a) deem the dog a dangerous dog; (b) deem the dog a nuisance dog; or (c) dismiss the complaint.
c. Report to Town Clerk. The Hearing Authority shall report any finding that a dog is a nuisance dog or a dangerous dog to the Town Clerk.
d. Order valid throughout Commonwealth. Unless later overturned on appeal, any order of the Hearing Authority shall be valid throughout the Commonwealth.
4. Remedies.
a. Nuisance dog. If the Hearing Authority has deemed the dog a nuisance dog, it may order the owner or keeper of the dog to take remedial action to ameliorate the cause of the nuisance behavior.
b. Dangerous dog. If the Hearing Authority has deemed the dog a dangerous dog, it may order one or more of the following remedies, provided, however that no dog that has been deemed dangerous shall be ordered removed from the Town:
i. that the dog be humanely restrained, but no order shall require a dog deemed dangerous to be chained, or tethered, or otherwise tied to an inanimate object such as a tree, post, or building;
ii. that the dog be confined to the premises of the owner or keeper, meaning securely confined indoors or confined outdoors in a securely enclosed pen or dog run area that has a secure roof, has either a floor secured to all sides or is embedded into the ground for at least two feet, and provides the dog with proper shelter from the elements;
iii. when removed from the premises of the owner or keeper, the dog be securely and humanely muzzled and restrained with a tethering device with a maximum length of three feet and a minimum tensile strength of three hundred pounds;
iv. that the owner or keeper provide (i) proof of insurance of at least $100,000 insuring the owner or keeper against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from the intentional or unintentional acts of the dog; or (ii) proof that reasonable efforts were made to obtain such insurance;
v. that the owner or keeper provide to the Town Clerk, the Animal Control Officer, or other entity as directed with identifying information for the dog including but not limited to photographs, videos, veterinary records, tattooing, microchip implantations, or a combination of these;
vi. that the dog be altered so as not to be reproductively intact, unless the owner or keeper provides evidence of a veterinary opinion that the dog is medically unfit for such alteration; or
vii. that the dog be humanely euthanized.
c. Restrictions following dangerousness finding.
i. No dog that has been deemed dangerous shall be ordered removed from the Town.
ii. No person over the age of 17 who has actual knowledge that a dog has been deemed dangerous under this Bylaw shall permit a child under the age of 17 to own, possess, or have care or custody of that dog.
iii. No person shall transfer ownership or possession of a dog that been deemed dangerous under this Bylaw or offer such dog for sale or breeding without informing the recipient of the dog of the finding of dangerousness.
iv. I f, subsequent to a determination by a Hearing Authority or reviewing court that a dog is dangerous, such dog wounds a person or worries, wounds, or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort for treble damages.
5. Appeal. Within ten days of the issuance of any order under this section, the owner or keeper of the affected dog may bring a petition for judicial review in the district court for the judicial district in which the kennel is located, which shall consider the petition in accordance with Section 157 of Chapter 140 of the General Laws.
6. Impoundment Pending Appeal.
a. Order of impoundment. Pending an appeal, the Hearing Authority may petition the district court for to request an order to impound the dog at a facility the Town uses to shelter animals for a dog complained of as being a dangerous dog. A municipality shall not incur liability for failure to request impoundment of a dog under this subsection. shelter facility used by the Town. Failure to request such impoundment will not result in liability for the Town, the Hearing Authority, or any of its agents. The district court shall consider this petition in accordance with Section 157 of Chapter 140 of the General Laws.
b. Costs of impoundment.
i. If the district court affirms the Hearing Authority’s an order of euthanasia, the owner or keeper shall reimburse the Town for all reasonable costs incurred for the housing and care of the dog during the period of impoundment and appeals process, if any. The Town may shall recover unpaid charges costs owed to it under this section by any of the following methods:
a. a lien on any real property owned by the owner or keeper of the dog;
b. an additional, earmarked charge on the vehicle excise of the owner or keeper of the dog; or
c. a direct bill sent to the owner or keeper of the dog.
ii. If the court overturns an order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and care of the dog during any period of impoundment. If the district court reverses the Hearing Authority’s order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and care of the dog during the period of impoundment.
7. Penalties.
a. If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer (the “Seizing Authority”).
b. If the keeper of the dog is in violation, all reasonable effort shall be made by the Seizing Authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the Select Board, within 7 days, for the return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the Select Board the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years.
c. If the Select Board determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section, it shall report such violations to the issuing licensing authority within 30 days.
a. Seizure/impoundment. If an owner or a keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. If it is the keeper in violation, all reasonable efforts shall be made to notify the owner of such seizure and impoundment and the owner may, within seven days, petition the Hearing Authority for return of the dog.
b. Capture/euthanasia. A dog found to be in violation of a Hearing Authority order or district court issued under this section may be captured or detained by a police officer, animal control officer, or constable. In the case of a threat to public safety or of the dog is living in a wild state, the police officer, animal control officer, or constable may euthanize it humanely.
c. Fines/imprisonment. A dog owner or keeper who fails to comply with an order of a Hearing Authority or the district court issued under this section shall be punished
d. by a fine of not more than $500 or imprisonment in a jail or house of correction for not more than 60 days, or both for a first offense or by a fine of not more than $1,000 or imprisonment in a jail or house of correction for not more than 90 days, or both for a second or subsequent offense.
e. Future licensure. Any owner or keeper who fails to comply with an order of a Hearing Authority or the district court issued under this section shall be prohibited from licensing a dog within the Commonwealth for five years.
B. Chaining or Tethering Dogs and Humane Conditions
(ART. 10, ATM – 04/23/18
The following shall be done in accordance with M.G.L. ch. 140, s. 174E:
1. No person owning or keeping a dog shall chain or tether a dog to a stationary object including, but not limited to, a structure, dog house, pole or tree for longer than 5 hours in a 24-hour period or outside from 10:00 p.m. to 6:00 a.m. unless the tethering is not for more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. A tethering so employed shall not allow the dog to leave the owner’s, guardian’s or keeper’s property. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used.
No chain or tether shall weigh more than 1/8 of the dog’s body weight. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash. No dog under the age of 6 months shall be tethered outside for any length of time.
2. A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section and as described in M.G.L. ch. 140, s. 174E(b), through the use of any of the following methods:
a. inside a pen or secure enclosure, if the following conditions are met:
i. the pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement;
ii. the pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all 4 sides enclosed; and
iii. the minimum height of the fence shall be adequate to successfully confine the dog;
b. a fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the ability to run but is unable to leave the enclosed yard; or
c. a trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:
i. only 1 dog shall be tethered to each cable run;
ii. the tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog's throat through which 2 adult fingers may fit; provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;
iii. there shall be a swivel on at least 1 end of the tether to minimize tangling of the tether;
iv. the tether and cable run must each be at least 10 feet in length. The cable must be mounted at least 4 feet but not more than 7 feet above ground level; and
v. the length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described herein; provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner’s, guardian’s or keeper’s property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals.
3. A person owning or keeping a dog confined outside in accordance with M.G.L. ch. 140, s. 174E(b) this section shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least 3 sides, roofed and have a solid floor.
The entrance to the shelter shall be flexible to allow the dog's entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog’s body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.
4. A person shall not leave a dog outside when a weather advisory, warning or watch is issued by a local, state or federal authority or when outside environmental conditions including, but not limited to, extreme heat, cold, wind, rain, snow or hail pose an adverse risk to the health or safety of the dog based on the dog's breed, age or physical condition, unless the tethering is for not more than 15 minutes. No person owning or keeping a dog shall leave a dog chained or tethered outside for longer than 5 hours in a 24-hour period or outside from 10:00 p.m. to 6:00 a.m. unless the tethering is not for more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper.
5. An exception to a restriction on outdoor confinement under this section that is reasonably necessary for the safety of a dog shall be made for a dog that is: (i) present in a camping or recreational area pursuant to the policy of the camping or recreational area; or (ii) actively engaged in conduct that is directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products. Exceptions to the above restrictions on outdoor confinement shall be made for dogs actively engaged in conduct directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
6. No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane chaining or tethering at any time. For the purposes of this subsection, “cruel conditions and inhumane chaining or tethering” shall include, but not be limited to, the following conditions:
a. filthy and dirty confinement conditions including, but not limited to, exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog's physical or emotional health;
b. taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog; and
c. subjecting a dog to dangerous conditions, including attacks by other animals.
d. leaving a dog outside when a weather advisory, warning or watch is issued by a local, state or federal authority or when outside environmental conditions including, but not limited to, extreme heat cold, wind, rain, snow or hail pose and adverse risk to the health or safety of the dog, unless tether is for not more than 15 minutes; and
7. No person shall confine an animal in a motor vehicle in a manner that could reasonably be expected to threaten the health of the animal due to exposure to extreme heat or cold.
a. After making reasonable efforts to locate a motor vehicles owner, an animal control officer, law enforcement officer or fire fighter may enter a motor vehicle by any reasonable means to protect the health and safety of an animal. Such personnel shall leave written notice is a secure and conspicuous location on or in the motor vehicle bearing the officer’s or fire fighter’s name and title and the address of the location where the animal may be retrieved. The owner may retrieve the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.
b. An animal control officer, law enforcement officer or fire fighter who removes or otherwise retrieves an animal from a motor vehicle under subsection (a), and the Town shall be immune from criminal or civil liability that might otherwise result from removal.
8. Penalties.
a. A person who violates this sections 1 through 6 above shall Section(B)(1)-(6), for a first offense, shall be issued a written warning or
punished by a fine $50, for a second offense, be punished by a fine of $200 and for a third or subsequent offense, be punished by a fine of $3500, and be subject to impoundment of the dog in a local shelter at the owner’s or guardian’s expense pending compliance with this section, or loss of ownership of the dog.
b. A person who violates Section B(7) section “7” above shall be issued a civil infraction punishable by a fine of not more than $150 for a first offense, by a fine of not more than $300 for a second offense and by a fine of not more than $500 for a third or subsequent offense. shall, for the first offense be punished by a fine of $150, for a second offense, be punished by a fine of $300, and for a third and each subsequent offense, by a fine of $3500, and may be subject to prosecution under G.L. c. 272 section 77.
c. Nothing in this Section(B) shall preclude prosecution under section 77 of chapter 272.
Section 2. Leashing of Dogs
(ART. 10, ATM – 04/28/03)
(ART. 27, ATM – 05/05/04)
(ART. 36, ATM – 05/12/10)
(ART. 19, ATM – 04/27/11)
(ART. 13, ATM – 04/29/13)
A. Leash Required
No person owning or keeping a dog in the Town of Arlington shall permit such dog to be at large in the Town of Arlington elsewhere than on the premises of the owner or keeper, except if it be on the premises of another person with the knowledge and permission of such other person.
Such owner or keeper of a dog in the Town of Arlington, which is not on the premises of the owner or upon the premises of another person with the knowledge and permission of such person shall restrain such dog by a chain or leash not exceeding six feet in length in accordance with M.G.L. ch. 140, s. 174E.
In any prosecution hereunder, the presence of such dog at large upon premises other than the premises of the owner or keeper of such dog shall be prima facie evidence that such knowledge and permission was not had.
This provision shall not apply, however, in any area designated by the Board of Parks and Recreation Commissioners as a “Dog Park”, “Dog Run” or “Dog Exercise Area”.
In areas so designated, dogs are not required to be restrained by a leash provided the owner or keeper of such dog is present and attentive to the dog. The Board of Parks and Recreation Commissioners may designate a dog park, dog run, or dog exercise area only if same is enclosed by appropriate fencing to preclude the escape of any dog into any other area of the park or playground not so designated as a dog park, dog run, or dog exercise area.
B. Enforcement
Any dog found to be at large in violation of this By-Law shall be caught and confined by the dog officer who shall notify forthwith the licensed owner or keeper of said dog giving the owner or keeper a period of seven days within which to recover the dog.
Return of the dog to the licensed owner or keeper shall be dependent on admission of ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper.
The dog officer shall enter and prosecute a complaint against the owner or keeper of any dog taken into the officers’ custody under this section, as provided for in this By-Law.
A dog officer having custody of a dog confined under this By-Law shall be allowed the sum of forty dollars per day for each day of confinement for the care of such dog, payable by the owner or keeper thereof.
C. Fines (ART. 40, ATM – 05/08/91) (ART. 17, ATM – 04/26/06) (ART. 19, ATM – 04/27/11)
Violations of Sections 2 of this Article shall be punishable as follows:
First offense By a fine of $75.00
Second offence By a fine of $100.00
Third offence By a fine of $150.00
Fourth and each subsequent offense By a fine of $200.00
The Park and Recreation Commission shall provide for a hearing process to consider community input regarding the creation, placement and use of dog parks, dog runs or dog exercise areas. The Commission shall adopt rules and regulations concerning these hearings subject to the approval of the Town Manager.
D. Notwithstanding the foregoing, from park opening time until 9 am, a maximum of two dogs per handler may be off-leash, under effective owner control, in all lands under control of the Parks and Recreation Commission except:
1. those lands directly contiguous to school properties;
2. within 15 feet of a playground equipment;
3. by specific exclusion of the Parks and Recreation Commission.
Section 3. No Fouling of Sidewalks, Etc.
A. Duty to Dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by their dog on any sidewalk, street or other public area in the Town. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by their dog on any private property neither owned nor occupied by said person.
B. Duty to Possess Means of Removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog.
Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
C. Method of Removal and Disposal. For the purposes of this regulation, the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public.
Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of canine feces, or as otherwise designated as appropriate by the Board of Health.
D. Fines (ART. 40, ATM – 05/08/91)
Violation of Section 3 of this Article shall be punishable as follows:
First offense By a fine of $75.00
Second offence By a fine of $100.00
Third offence each subsequent offense By a fine of $150.00
E. Exemption This regulation shall not apply to a dog accompanying any handicapped person who, by reason of their handicap, is physically unable to comply with the requirements of this By-Law, or to any individual who utilizes a guide dog.
F. Severability The provisions of this section are severable; and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 4. Licensing
(ART. 25, ATM – 04/27/88)
(ART. 23, ATM – 05/04/09)
(ART. 13, ATM – 04/29/13)
(ART. 8, ATM – 04/26/21)
A. Licensing Requirement.
1. License required. The owner or keeper of any dog over the age of six months kept in the Town of Arlington shall obtain a license for the dog from the Town Clerk.
2. Annual renewal. Licenses issued under this section shall be renewed on an annual basis in accordance with procedures to be determined by the Town Clerk. Licenses are issued for the calendar year and must be renewed every year on or before January 1st, although there is a grace period established in sub-section F before fines are assessed.
3. Transfer. Within 30 days of moving into the Town, the owner or keeper of a dog must apply to the Town Clerk for a license.
B. Conditions.
1. Rabies vaccination. The Town Clerk shall not grant a license unless (i) the license applicant provides a veterinarian’s certification or notarized letter that the dog has been vaccinated against rabies; or (ii) the dog is exempted from the vaccination requirement by the Town of Arlington Board of Health or the Town Clerk in accordance with Section 145B of Chapter 140 of the General Laws.
2. Control. Any license granted under this section is granted on the condition that the licensed dog shall be controlled and restrained from killing, chasing, or harassing livestock or fowl.
3. Previous conviction of animal cruelty. Town Clerk shall not grant a license under this section or Section 5, below, to an applicant who has been convicted of one or more of the offenses set forth in Section 137D of Chapter 140 of the General Laws within the preceding five years.
C. License Forms.
1. Symptoms of rabies. Every license issued to the owner of a dog shall have a description of the symptoms of rabies printed thereon, as supplied by the state Department of Public Health.
2. Description of dog. The owner of a dog to be licensed under this section may add to the license application form up to ten descriptive words indicating the dog’s color, breed, weight, or any special markings.
D. Tags.
1. Issuance. Along with the license, the Town Clerk shall issue a durable tag inscribed with the license number, designation of the Town of Arlington, and the year of issue.
2. Affixed to dog. The owner or keeper of the licensed dog shall keep a collar or harness of leather or other suitable material affixed around the dog’s neck or body to which the tag shall be securely attached.
3. Lost tags. If the tag is lost or destroyed, the owner or keeper shall immediately secure a substitute tag from the Town Clerk for a fee to be determined by the Town Clerk.
E. Exemptions. The requirements of this section shall not apply to a dog housed in a research institution.
1. to a person to whom the applicable kennel license has been issued under this Bylaw and remains in force; or (2) to a dog housed in a research institution.
F. Fees. (ART. 10, ATM – 04/23/18)
1. Annual license fees. The annual license fees are as follows:
a. female: $20.00
b. spayed female: $15.00
c. male $20.00
d. neutered male: $15.00
To be charged the lower fee for licensing a spayed or neutered dog, the license applicant must provide proof of spay or neuter in the form of either: (a) a certificate from the veterinarian who spayed or neutered the dog; (b) a veterinary bill for performing the procedure; or (c) a statement signed under the penalties of perjury by a veterinarian registered and practicing in the Commonwealth describing the dog and stating that the veterinarian has examined the dog and that the dog appears to be spayed or neutered and therefore incapable of propagation.
2. Failure to comply; penalties.
a. Penalty for failure to comply with licensing requirements.
Failure to comply with this section shall be punishable by a fine of $25 said fine to be assessed by the Town Clerk as part of the fees paid to license a dog.
Under state law, the Animal Control Officer or other police officer may issue a citation for $50 to any dog owner without a current license for the animal.
Grace period. Failure to satisfy licensing requirements before the first Thursday following 45 business days of the 1st of January each year arises will constitute a failure to comply with licensing requirements.
b. Additional late fees.
Missed year. An additional $25 fine shall be applied by the Town Clerk where owners fail to register a dog for an entire calendar year, due upon registration the following calendar year, and the license fee for missed year must be paid in full. These late fees shall be in addition to any other applicable penalty provided for in this Bylaw.
Multiple penalties. If the owners fail to register a dog for an entire calendar year and apply for a registration outside of the grace period, the fine will consist of the $25 late fee and the $25 skipped year fee, due upon registration in the current year.
3. Waiver of fees.
a. Service animal.
No fee shall be charged for the licensure of a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. Late fees apply.
b. Owner aged 70 and over.
If the Town so votes in accordance with Section 139(c) of Chapter 140 of the General Laws, no fee shall be charged for the licensure of a dog owned by a person aged 70 years and older. Late fees apply.
4. No refund of fees. No license fee paid under this section shall be refunded, in whole or in part, due to mistake or due to the subsequent death, loss, spay or neuter, removal from the Town or the Commonwealth, or other disposal of the licensed dog.
Section 5. Kennels (ART. 13. 04/29/13)
A. Definitions.
1. ''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.
2. ''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.
3. ''Kennel'', a pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
4. “Licensee”, a person who owns and maintains a kennel that has received a kennel license from the relevant licensing authority.
5. ''Personal kennel'', a pack or collection of more than 4 dogs, 3 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.
6. ''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.
A. Personal Kennel (Kennel A)
1. License optional (Kennel A-1). An owner or keeper of four or fewer dogs, three months or older, may elect to secure a Personal Kennel License from the Town Clerk rather than licensing each dog under Section 4, above.
2. A Personal Kennel (Kennel A) is a pack or collection of five or more dogs, three months or older, owned or kept under single ownership for private personal purposes. License mandatory (Kennel A-2). An owner or keeper of five or more dogs, three months or older, must secure a Personal Kennel License from the Town Clerk or other type of kennel license as may be applicable under this section.
3. Definition. A Personal Kennel is a pack or collection of five or more dogs (or fewer dogs, as in the case of a License-Optional Personal Kennel (Kennel A-1) as defined above at Section 5.A.1), three months or older, owned or kept under single ownership for private personal purposes.
4. Breeding. Breeding of dogs owned or kept under a Personal Kennel License may be done only for the purpose of improving, exhibiting, or showing the breed; for legal sporting activity; or for other personal reasons.
5. Sales allowed. Dogs bred at a Personal Kennel may be sold, traded, bartered, or otherwise distributed only by private sale to other breeders or individuals and not to wholesalers, brokers, or pet shops.
6. Sales prohibited, restricted. No holder of a Personal Kennel License may sell, trade, barter, or otherwise distribute any dog not bred from a personally owned dog, except dogs temporarily housed at a Personal Kennel in conjunction with an animal shelter or rescue program registered with the state Department of Agricultural Resources if the sale, trade, barter, or other distribution is not for profit.
B. Other Types of Kennels.
1. Commercial Boarding or Training Kennel (Kennel B) is 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 where such services are rendered for a fee or other consideration and generally rendered in the absence of the owner of the animal. A “Commercial Boarding or Training Kennel” shall not include an animal shelter or animal control facility, a pet shop licensed by the state Director of Animal Health, a grooming facility operated solely for the purpose of grooming animals and not for overnight boarding, or an individual who temporarily and not in the normal course of business boards or otherwise cares for animals owned by others.
2. Commercial Breeder Kennel (Kennel C) is an establishment, other than a Personal Kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers, or pet shops for a fee or other consideration.
3. Domestic Charitable Corporation Kennel (Kennel D) is a facility operated, owned, or maintained by a domestic charitable corporation registered with the state Department of Agricultural Resources 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 or under the supervision of a licensed veterinarian that operates consistent with such purposes while providing veterinary treatment and care.
4. Veterinary Kennel (Kennel E) is a veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment and care; a “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 case.
B. C. License Requirements
a. A person maintaining a kennel shall obtain a kennel license. The Town Clerk shall issue, suspend, renew and revoke kennel licenses as specified in this chapter and any other law. In the case of an applicant for initial licensure or license renewal, the Town Clerk shall deny a kennel license until a kennel has passed inspection by an animal control officer.
b. (1) The issuing city or town shall determine the period of time for which a kennel license shall be valid, including the date of issuance of the license through the date on which the license expires, inclusive, and shall further determine the fee for the issuance and renewal of a license; provided, however, that in determining the amount of the license fee for a kennel, a dog under the age of 3 months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer. A kennel that owns or keeps a dog over the age of 6 months shall comply with section 145B.
b. (2) A commercial boarding or training kennel shall maintain records of individual dog licenses, as required in section 137, for all dogs in its care.
c. The licensing authority shall issue a kennel license without charge to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering.
1. License required. A person or entity maintaining any type of kennel listed in this section (except a License-Optional Personal Kennel (Kennel A-1) as defined above at Section 5.A.1) shall obtain the appropriate kennel license from the Town Clerk and in accordance with procedures that the Town Clerk shall determine.
2. Renewal. Licenses issued under this section shall be renewed periodically in accordance with a schedule and procedures to be determined by the Town Clerk.
3. License fees, calculation, and exemption. The fees for licenses issued under this section will be established by the Town Clerk. For purposes of calculating kennel license fees, only dogs over the age of six months shall be counted in the total number of dogs kept in a kennel. No kennel license fee shall be charged to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect, abuse, or suffering.
4. Licensing inspection. No kennel license shall be issued or renewed until a kennel has passed inspection by the Town Animal Control Officer or designee.
5. Failure to comply, penalty. Failure to comply with the licensing requirements of this section shall be punishable by a fine of $50.
C. D. Kennel Operation.
1. Standards. Kennels must be operated and maintained in a sanitary and humane manner.
2. Records.
a. The name and address of the owner of each dog kept in a kennel, other than dogs belonging to the person maintaining the kennel, shall be kept at the kennel and available for inspection at any time. The kennel license will specify the terms and conditions and may require that the kennel owner or operator is able to produce documentation upon request for each dog showing they are currently licensed in their home community.
b. The Town Clerk, as the licensing authority, shall specify on the license the type of kennel and the maximum number of animals that may be maintained by the licensee. Such number shall be determined by the Town Clerk and the animal control officer following the required inspection. For commercial boarding or training kennels, the number of animals shall be determined following the required inspection and in accordance with regulations promulgated pursuant to section 174G to ensure the property can support the number of animals while ensuring their health and safety
3. Annual Reporting. Annually, not later than June 1, the Town Clerk shall send to the Department of Agricultural Resources a list of all kennels and their addresses licensed by the Town.
4. Penalties. A person who violates this section shall be assessed a fine by the Town Clerk of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense. The Town Clerk may notify the Animal Control Officer in writing of the violation, and the Animal Control Officer may issue a citation to the owner or operator of the kennel.
3. Kennel tags. A holder of a kennel license shall cause each dog kept in its kennel to wear, while in the kennel, a collar or harness of suitable material to which a tag shall be securely attached. This tag shall be inscribed with the number of the kennel license, name of the Town of Arlington, and year of issue. Such tags shall be issued by the Town Clerk in such number as the number of dogs kept in the kennel.
a. Inspections.
The Select Board, the Town Manager the Chief of Police, or the Animal Control Officer, or their designee or the agent of any of these (“Inspecting Authority”) shall inspect or cause the inspection of every kennel licensed within the Town at least once per year. If a licensee or a person applying for a license to maintain a kennel refuses to allow an inspector to enter and inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of the license. may inspect any kennel at any time for compliance with the above requirements. The refusal to allow an inspection is grounds for denial, suspension, or revocation of the license.
b. Citizen Complaints. Twenty-five citizens of the Town may file a petition with the Select Board stating that they are aggrieved or annoyed to an extent that constitutes a nuisance by a dog maintained in the Town due to excessive barking or other conditions connected with a kennel. The Select Board or Town Manager shall, not more than 7 days after the filing of such petition, give notice to all interested parties of a public hearing. The hearing shall be held not more than 14 days after the date of the notice. The Select Board or Town Manager, not more than 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order:
i. suspend the license;
ii. revoke the license;
iii. further regulate the kennel; or
iv. dismiss the petition.
4. License suspension, revocation. If the Inspecting Authority determines that the kennel is not being maintained in a sanitary or humane manner or if records are not properly kept, the Inspecting Authority may revoke or suspend the kennel license.
E. Citizen Complaints.
1. Filing. Twenty-five citizens of the Town may file a petition with the Select Board stating that they are aggrieved or annoyed to an unreasonable extent due to excessive barking or other conditions associated with a kennel.
2. Hearing. Within seven days of the filing of such petition, the Select Board shall give notice to all interested parties of a public hearing concerning the petition to be held within fourteen days after the date of the notice.
3. Investigation. At the hearing, the Select Board may cause an investigation of the kennel that is the subject of the petition or take such other action as it deems prudent.
4. Disposition. Following the public hearing and any investigation or other proceedings, the Select Board may suspend or revoke the kennel license, may take other such action to regulate the kennel that it deems prudent, or may dismiss the petition. The Select Board shall cause written notice of any order issued under this section to be mailed immediately to the holder of the kennel license and the Town Clerk.
5. Appeal. Within ten days of the issuance of any order under this paragraph, the holder of the affected license may bring a petition for judicial review in the district court for the judicial district in which the kennel is located, which shall consider the petition in accordance with Section 137C of Chapter 140 of the General Laws.
6. Penalties. A person maintaining a kennel after revocation or during suspension of a license under this section shall be punished by a fine of $250 for a first offense, $500 for a second offense, and $1000 for a third or subsequent offense.”
c. Notice.
A written notice under this Section(a) of an order revoking or suspending the license, further regulating the kennel or dismissing the petition shall be mailed immediately to the licensee and to the officer that issued the license. Not more than 10 days after the written notice of the order, the licensee may file a petition in the district court in the judicial district in which the kennel is maintained seeking review of the order. After notice to all parties as the court may consider necessary, the court shall review the action, hear the witnesses and affirm the order unless the court determines that it was made without proper cause or in bad faith, in which case the order shall be reversed. The decision of the court shall be final and conclusive upon the parties.
d. Penalties.
A person maintaining a kennel after the license to maintain a kennel has been revoked or suspended shall be assessed a fine by the licensing authority of not more than $250 for a first offense, by a fine of not less than $500 for a second offense and by a fine of not more than $1,500 for a third or subsequent offense.
Section 6. Non-Criminal Disposition
(ART. 40, ATM – 05/08/91)
Enforcement of Title VIII, Article 2, Sections 2 and 3, of the bylaws may, in the first instance, be pursued through the provisions of Section 21D of Chapter 40 of the General
Laws, which provides for a non-criminal disposition.
The enforcing persons shall be any police officer of the Town, any employee of the Board of Health, or any Animal Control Officer of the Town.