Spay/Neuter Law in Marion, Massachusetts

As used in this bylaw, the following terms shall have the meanings indicated:

A collection of more than four dogs, three months old or older, owned or kept under a single ownership for private personal use, providing that selling, trading, bartering or distributing shall be to other breeders or individuals by private sale and not to brokers, wholesalers, or pet shops and limited to animals bred from personally owned dogs.

§ 109-10 Kennel licenses.

A. Any owner or keeper of a commercial kennel, commercial breeder kennel, or personal kennel shall obtain a kennel license; provided, however, that before the Town Clerk issues such license, the owner or keeper provides the Town Clerk a completed application with:

(1) An opinion, in writing, by the Animal Control Officer based on the fact that he/she has investigated the property of the proposed kennel with respect to the following items:

(a) The location, construction, and soundproofing of the kennel area.

(b) The sanitary conditions of the kennel and the property in general.

type of kennel for which the kennel license would be issued.

(d) The concerns of the neighbors.

(e) The Animal Control Officer may require the need for a structure to be constructed or an existing structure to be utilized for the purposes of housing the dogs. The ACO shall request an opinion, in writing, from the Building Commissioner that the proposed or existing structure/structures and the use comply with both state and local regulations.

(f) Any other pertinent issues that come within the expertise and discretion of the Animal Control Officer.

(2) The issuance of a commercial kennel, commercial breeder kennel, or personal kennel license shall be contingent upon an inspection by the Animal Control Officer to ensure that the basic standards of cleanliness and proper care and confinement of said dogs exists on the premises, and the maintenance of a kennel will not result in a health hazard or be injurious to the health of the neighbors by reason of prospective noise or otherwise.

B. A special permit for a commercial kennel or commercial breeder kennel must meet the provisions and requirements of the Marion Zoning Bylaw pursuant to §§ 230-7.2, 230-7.4, and 230-7.6.

C. The kennel license shall be issued by the Town Clerk and there shall be a fee for such kennel license, to be paid by the owner. All fees under this section shall be determined by the Select Board and may be changed from time to time as it deems appropriate.

D. A kennel license shall be in lieu of any other license required for a dog, for the period of time the dog is kept in such kennel per MGL c. 140, § 137A. The owner or keeper of such kennel shall renew the license prior to the commencement of each succeeding license period.

E. While at large, each dog in a kennel shall wear a collar or harness with a tag securely attached. The tag shall have the number of the kennel license, the name of the town that issued the kennel license, and the year that the license was issued. Such tag shall be in the form prescribed and furnished by the Town Clerk and shall be issued by the Town Clerk.

F. If a kennel owner desires to increase the capacity of his/her kennel during a license period, or its use, he/she shall apply to the Town Clerk with a new kennel application.

G. The Town Clerk shall issue, without charge, upon written application and written approval of the Board of Appeals, a kennel license to any domestic charitable corporation, incorporated in the commonwealth, exclusively for the purpose of protecting animals from cruelty, neglect, or abuse or for the relief of suffering except for commercial kennels which shall require compliance with § 230-7.4 of the Zoning Bylaw, provided that there is compliance with the terms and conditions of this chapter.

H. A veterinary clinic, office, or hospital 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. If it is considered a kennel, the owner or keeper shall, before the Town Clerk issues such license, provide the Town Clerk with the written approval of the Board of Appeals or special permitting authority.

I. All holders of kennel licenses shall notify the Town Clerk, in writing, of the sale of any dog or puppy, which includes the description of the animal, the age, color, breed, identifying marks, sex, and whether the dog has been spayed or neutered. The kennel owner shall forward a copy of such notice to the clerk of the city or town in which the new owner of the dog resides.

§ 109-12 Issuance and revocation of licenses; kennel inspections; complaints.

A. Violation of any substantive provisions of this chapter shall be grounds for the revocation of a license issued for a kennel pursuant to this chapter. The Town Clerk may revoke or suspend any license upon receiving a written directive from the Select Board that was based on information concluding a kennel is operating in violation of this chapter from the Animal Control Officer or the Chief of Police or his/her designee. Prior to such revocation, the Select Board shall hold a public hearing during which the kennel licensee shall have been offered, in writing, an opportunity to be heard. In such case of suspension of said license, the Select Board may reinstate such kennel license and impose conditions and regulations upon the operation of the kennel.

B. If an applicant is shown to have withheld or falsified any material information on the application, the Town Clerk may refuse to issue or may revoke a license.

C. The Animal Control Officer or the Chief of Police of the Town of Marion or other persons authorized under the General Laws may at any time inspect or cause to be inspected any kennel, and if, in his or her judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the Select Board shall by order revoke or suspend such license. In the case of suspension, the Select Board may reinstate such license and impose conditions and regulations upon the operation of said kennel.

D. Upon the petition of 25 or more citizens filed with the Select Board setting forth they are aggrieved or annoyed to an unreasonable extent by one or more dogs at a kennel located in Town, because of excessive barking, vicious disposition or vicious actions or any other conditions connected with the kennel that constitute a public nuisance, the Select Board shall, within seven days of the filing of such petition, give notice to all parties concerned of a public hearing to be held within 14 days after the date of such notice. The Select Board shall, within seven days, after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order, either suspend or revoke the kennel license, otherwise regulate the kennel, or dismiss the petition. Written notice of any order under this section revoking, suspending or reinstating a license shall be mailed forthwith to the office issuing such license and to the holder of the license.

E. Any person maintaining a kennel after the license has been so revoked, or while such license is so suspended, shall be charged a fee of $50 per day up to $250 (MGL c. 140, § 137C).

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