Lowell, Massachusetts

§ 104-1 Definitions.

Unless otherwise set out in this article, any term defined in MGL c. 140, § 136A shall have the same meaning in this article and shall be expressly incorporated herein. As used in this article, the following terms shall have the meanings indicated:

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PERSONAL KENNEL

A pack or collection of more than four dogs, three 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.

§ 104-3 Kennels.

A. Any person maintaining a kennel shall have a kennel license.

B. Any person who meets any requirement of the Code of the City of Lowell and MGL c. 140, § 137A, upon application and approved inspection, may obtain a kennel license from the City Clerk on a form prescribed and supplied by the City Clerk and for a fee as set out in § 104-4 of this article. The City Clerk shall, upon application and approved inspection, issue without charge a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering among animals. Prior to the issuance of any kennel license, an inspection of the kennel premises shall be made by the Animal Control Officer and the Animal Inspector.

C. The provisions of MGL c. 140, §§ 137B and 137C, as amended, shall be expressly incorporated under this article.

D. The City Manager, Superintendent of Police or Animal Control Officer may at any time inspect or cause to be inspected any kennel and if, in his judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, he shall file with the City Council a petition setting forth the facts. Upon this petition, or upon a petition of 25 citizens setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in the City, because of excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, said City Council shall, within seven days after the filing of such petition, give notice to all parties in interest of a public hearing to be held within 14 days after the date of such notice. Within seven days after such public hearing said City Council shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. Within 10 days after such order the holder of such license may bring a petition in the District Court of Lowell, as outlined in MGL c. 140, § 137C. The decision of the court shall be final and conclusive upon the parties. Any person maintaining a kennel after the license therefor has been so revoked, or while such license is so suspended, shall be punished by a fine as set forth in § 104-17 of this article. The City Council may in the case of any suspension reinstate such license.

E. The provisions of MGL c. 140, § 137D, as amended, shall be expressly incorporated under this article.

§ 104-8 Disposition of dogs.

Any dog confined by the Animal Control Officer, unless picked up by the owner, shall be kept for at least seven days, at which time said dog may be disposed of in a manner determined by the City Manager, provided that at the end of seven days, the Animal Control Officer may make available for adoption any neutered male or any spayed female dog not found to be diseased. Any dog confined by the Animal Control Officer shall not be released to the owner until the owner produces evidence of a current dog license and pays a sum equal to the per-day contract fee for care of the animal, each day or part of a day counted as one day. For any dog adopted under this section, a sum equal to the per-day contract fee for care shall be charged, and said dog shall be licensed before adoption. Any fees in this section are to be in addition to fees or fines as specified elsewhere in this article and/or under Massachusetts General Laws. No dog shall be turned over or sold in any manner inconsistent with MGL c. 140, § 151A.

§ 104-26 Sterilization.

No unclaimed dog shall be released for adoption without being sterilized or without written agreement from the adopter guaranteeing that such animal will be sterilized, and a deposit of at least $15 must be paid at the time of adoption, which deposit will be refunded after proof of sterilization.