Revised Proposed Kennel By-Laws
April 2, 2003
ARTICLE 28
KENNEL REGULATIONS
28.1 Definitions.
As used in this article, the following words and terms have the following meanings:
(a) “Kennel” shall mean four or more dogs, six months of age or older, kept for boarding on a single premises for commercial purposes.
(b) “Kennel License” shall mean an annual license permitting a kennel to operate within the Town which shall be issued to a kennel which has demonstrated compliance with the requirements of this By-Law.
(c) “Licensing Period” shall be the time between January first and the following December thirty-first, both dates inclusive.
(d) “Kennel Inspector” shall mean the Town’s Animal Control Officer or such other qualified party as may be designated by the Board of Selectmen or the Board of Health.
(e) A veterinary hospital shall not be deemed to be a kennel unless it contains an area for the boarding of dogs, for other than medical or surgical purposes, in which case it shall apply for a kennel license as provided in this By-Law.
28.2 Licenses, Requirements.
28.2.1. Kennel License required.
No person shall operate a kennel within the Town without first obtaining a kennel license from the Board of Selectmen in accordance with the provisions of this By-Law.
28.2.2. The following requirements shall at all times apply to a kennel:
(a) The location and operation of the kennel shall be appropriate for housing the number of dogs allowable under this By-Law and will not be detrimental to the health and safety of the dogs or persons;
(b) The kennel shall be operated in a safe, sanitary, and humane condition;
(c) The kennel shall not keep more than 25 dogs on the premises at any time;
(d) The kennel shall not contract with security dog firms or other businesses to board on the premises protection or security dogs or protection or security dogs in training, other than a security dog kept on the premises for the kennel’s own security purposes;
(e) The operations of the kennel, including the exercising of dogs, shall be in an enclosed area, except that individual dogs may be exercised one at a time in a prescribed outdoor area;
(f) The kennel shall at all times keep and maintain on its premises accurate records of the identities of all dogs kept on the premises, as identified by its dog license, and the number of dogs on the premises on each day; and
(g) In addition to the requirements of this Article 28, the provisions of Section 20.10.5 (Public Safety and Property) and Article 23 (Noise By-Law) shall apply to kennels regulated hereunder.
28.3 Application Process.
28.3.1. Application. The Town Clerk shall provide a kennel license application, in a form prescribed by the Town Clerk, which shall be completed by any person seeking a kennel license or renewal thereof. The application shall include a statement that the applicant acknowledges receipt of a copy of this By-Law and agrees to comply with all applicable provisions.
28.3.2. License Renewal Application. Any application for a renewal of a kennel license must be submitted to the Town Clerk not later than the first Monday in October of each year.
28.3.3. Inspection and Report. Upon receipt of a completed application, the Town Clerk shall so notify the kennel inspector who shall forthwith conduct an inspection of the applicant’s kennel as provided in Section 28.4.1. Upon receipt of the kennel inspector’s report, the Town Clerk shall submit the completed application and such report to the Board of Selectmen for its consideration and review.
28.3.4. Review by Board of Selectmen. Upon its review of the kennel application and inspection report, the Board of Selectmen shall determine whether the kennel is in compliance with the requirements of this By-Law, and if so, shall issue a kennel license to the applicant; or, if the kennel is found to not be in compliance with the requirements of this By-Law, the Board shall deny the application and state the reasons therefore.
28.4 Inspections.
28.4.1. Annual Inspections.
Upon receipt by the Town Clerk of a completed kennel license application or renewal thereof, the kennel inspector shall forthwith inspect the applicant’s kennel and submit a report to the Town Clerk which shall indicate whether or not the kennel meets all of the applicable requirements of Section 28.2.2.
28.4.2. Periodic Inspections.
Kennels shall be subject to periodic inspections by the kennel inspector at the request of the Board of Selectmen or the Board of Health. If, in the judgment of either Board, the kennel is not in compliance with all applicable requirements of this By-Law, the Board of Selectmen may by order revoke or suspend the kennel license.
28.4.3. Re-Inspection.
In the event a kennel license application or renewal thereof is denied, the applicant may request a re-inspection after it has reasonably demonstrated to the kennel inspector that it has brought the kennel into compliance with the requirements of this By-Law. The kennel inspector shall then, as soon as is practicable, re-inspect the kennel and report his/her findings to the Board of Selectmen which shall, within a reasonable time, review the application in accordance with Section 28.3.4.
28.5 Petitions to Review Kennel Licenses.
Any group of twenty-five residents over the age of 18 may file a petition with the Board of Selectmen setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in the Town, because of the excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance.
28.6 Kennel License Review Hearings.
Within seven days after the filing of a residents’ petition, the Board of Selectmen shall give notice to all parties in interest of a public hearing to be held within fourteen days after the date of such notice. Within seven business days after the public hearing, the Board of Selectmen shall make an order either dismissing the petition, revoking or suspending the kennel license, or otherwise regulating the kennel.
28.7 Inspection and Review After Suspension.
In the event a kennel license is suspended, upon the expiration of such suspension period and after the license holder has reasonably demonstrated to the kennel inspector that it has brought the kennel into compliance with the requirements of this By-Law or otherwise acted in accordance with an order of the Board of Selectmen, the kennel inspector shall then, as soon as is practicable, re-inspect the kennel and report his/her findings to the Board of Selectmen which shall, within a reasonable time, review the application in accordance with Section 28.3.4.
28.8 Appeal to District Court.
Pursuant to the provisions of Chapter 140, Section 136C of the General Laws, if the Board of Selectmen issues an order suspending or revoking a license, the kennel license holder may, within ten days after entry of such order, bring a petition in the local district court praying that such order be reviewed by the court.
28.9 Fees.
The Board of Selectmen is authorized to establish reasonable fees for original kennel license applications, and annual renewal applications provided that such fees do not exceed the actual cost of administering this By-Law. The fee for any application for a kennel license or renewal thereof shall be $150.00.
28.10 Initial Licensing after Attorney General Approval.
A kennel owner shall apply for a kennel license pursuant to this By-Law within thirty days of the approval of this By-Law by the Office of the Attorney General.
28.11 Severability.
The invalidity of any part or parts of this By-Law shall not affect the validity of the remaining parts.
Proposed Amendment to Section 20.10.16
Penalties for violations under Section 20.10 are currently assessed as follows:
"20.10.16 Violations of this Section 20.10 shall be disposed of, in the discretion of the Board of Health, either in the manner provided in Section 8.5 of the General By-Laws or, if applicable, pursuant to the provisions of Section 173A of Chapter 140 of the General Laws. A non-criminal fine of $25 shall be imposed for each violation. The fine specified in the preceding sentence shall be in lieu of the schedule of fines specified in Section 173A."
The Committee proposes an amendment to this schedule of fines so that Section 20.10.16 would read as follows:
"20.10.16 Violations of this Section 20.10 shall be disposed of, in the discretion of the Board of Health, either in the manner provided in Section 8.5 of the General By-Laws or, if applicable, pursuant to the provisions of Section 173A of Chapter 140 of the General Laws. A non-criminal citation will be issued on the following schedule: First offense –– written warning; Second offense - $25; Third offense - $75 and $100 for the fourth and each succeeding offense of the same section of the By-Law occurring within a 12 month period. The fines specified in the preceding sentence shall be in lieu of the schedule of fines specified in Section 173A."
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