Dog Licenses

30400 ANIMAL CONTROL BY-LAW

REVISED MARCH 1999

 

Office of the Town Clerk
600 Chief Justice Cushing Way
Scituate, MA 02066
(781) 545-8743

DOG LICENSE BY MAIL-See application at the bottom of this screen.

The Town of Scituate By-Laws, Section 30400, mandates the yearly licensing of all dogs.  Every dog age 6 months or older must be licensed by July 1st each year.

Fees are:
Male/Female……………………….$15 each dog
Neutered/Spayed …………………$10 each dog

Licensing is available at the Town Clerk’s Office during regular business hours.  However, for your convenience an application is available for download.  The application form enables you to license your dog(s) by mail.  Please complete the form and enclose it in an envelope marked DOG LICENSE.

Please check that the envelope contains the following:

  1. The Application form
  2. The required documentation (copy of rabies certificate and copy of neutering/spaying certificate).
  3. A check – payable to the Town of Scituate. This check is separate from a check for the beach/transfer station sticker program.
  4. A stamped, self-addressed envelope for mailing this year’s dog tag to you. If a stamped, self-addressed envelope is not included, please add .50 for mailing to the amount of the check.

NOTE: The Town Clerk’s office receives notification from all local veterinarians when a Scituate dog is vaccinated. This office maintains a list of all unlicensed dogs in the Town. Failure to license shall result in the fee doubling as of October 1st of each year. Additionally, there is a fee of $25 (Section 30430) for any unlicensed dog violation.

SECTION 30410 PURPOSE

A. The purpose of this by law is to achieve the objectives of the animal control enabling legislation contained in Chapter 129, §§21-44 and Chapter 140, §147A of the Massachusetts General Laws, which includes the regulation of domesticated and regulated animals within the borders of the Town of Scituate, the licensing of dogs, and the establishment of fines for violation of this by law.

B. This by law is adopted for the above purposes under the authority provided by, and in accordance with the provisions of Chapter 140, §147A of the General Laws, as amended.

SECTION 30420 DEFINITIONS

As used in this chapter, the following words and phrases shall have the following meanings:

"Animal Control Board" - Shall mean the five-member body appointed by the Board of Selectmen to oversee the enforcement of the Animal Control Bylaw and to serve as the permit granting authority pursuant to this Chapter.
"Animal Control Officer" - Any officer or assistant officer appointed pursuant to this Chapter for the enforcement of animal control laws, and who shall be responsible for this Chapter.
"Breeder Kennel" - A kennel maintained for a collection of seven to ten dogs, or for the breeding of dogs and which sells dogs from less than four litters per year; and which does not exceed ten dogs on a single premises.
"Commercial Kennel" - A kennel maintained as a business for the boarding of dogs, for the grooming of dogs, or one which sells dogs born and raised on the premises from four or more litters per year.
"Domesticated Animals" - Any such animals made domestic or converted to domestic use and habituated to live in or about the habitations of men, or such as contribute to the support of a family including tamed animals; e.g. horses, sheep, dogs, cats, etc.
"Hobby Kennel" - A kennel maintained for any collection of four to six dogs.
"Keeper" - Any person, corporation, or society, other than the owner, harboring, or having in his possession a dog.
"Kennel" - Any single premises on which are kept a pack or collection of four or more dogs over the age of three months.
"Kennel License" - A license for any type of kennel.
"License Period" - The time between July first and the following June thirtieth, both dates inclusive.
"Livestock or Fowl" - Animals or fowl kept or propagated by the owner for food; deer, elk, cottontail rabbits and northern hares, pheasants, quail, partridge and other birds, and quadrupeds determined by the Department of Fisheries, Wildlife and Recreational Vehicles to be wild and kept by, or under a permit from said Department, in proper houses or suitable enclosures.
"Owner" - Includes corporations, societies, associations, partnerships, individuals and any persons or agencies or political subdivisions provided they show ownership of an animal by possession of a current and valid license or other satisfactory proof of ownership.
"Regulated Animals" - Swine, horses, cows, goats, sheep, burros, lamas, deer, chicken, ducks, pigeons or other fowl, or other farm or domesticated animals stabled outside homes within the Town.
"Stable" - Any building, enclosure, premises or portion thereof where regulated animals over twenty (20) pounds, other than house pets, are kept.

SECTION 30430 LICENSES AND TAGS

  • The owner or keeper of a dog within the town shall cause the dog to be initially licensed when it attains the age of six months and annually thereafter.  Proof of rabies vaccination shall be required prior to the issuance of any license.
  • The Clerk of the town shall issue dog licenses and license tags.  The Animal Control Officer may accept applications and fees for license and shall transmit same to the Clerk who shall cause the license to be issued.
  • The owner or keeper shall state upon each license application the following description of the dog: name, age, sex, reproductive status, weight, breed, color, and special markings, as well as the name, address, and telephone number of the owner.  For each license issued, the Clerk shall record the name, address, and telephone number of the owner, the description of the dog, and the license registration number.
  • The license fee for each dog registered pursuant to this section shall be determined by the Board of Selectmen each year. Failure to pay the annual review license due by July 1st each year pursuant to this section shall result in a doubling of the licensing fee after October 1st.
  • A license duly recorded in another jurisdiction shall be valid in the Town of Scituate, except that, in the case of the permanent removal of a dog into the Town of Scituate, the owner or keeper shall, within fourteen days of such removal, present the original license, license tag, and proof of rabies vaccination to the Clerk, along with the sum of two dollars.  The Clerk of the town shall take same and shall issue to the owner or keeper a transfer license and license tag which shall be valid until the expiration of the license period.  For purposes of this subsection, " permanent removal" shall be construed to mean any period in excess of ninety days.  The penalty for failure to comply with this subsection shall be twenty-five dollars.
  • The owner or keeper of any dog who intends to keep said dog within the town for a period in excess of thirty days but less than ninety days shall, within fourteen days of removal of the dog into the town, present to the Clerk of the town a completed dog license application form and proof of rabies vaccination if said dog is over the age of six months, or shall do same when said dog attains the age of six months.  The Clerk shall record such information in the license registration book.  If the owner presents proof of valid registration in another jurisdiction, the owner or keeper of said dog shall apply for the appropriate license as if the dog were to be kept permanently in the Town of Scituate and the fees for licensing shall be the same as those enumerated in subsection D of this section.
  • No fee shall be charged for licensing dogs specifically trained to lead or serve a blind or deaf person so long as such dog is so employed and a certificate of such training is presented to the Clerk of the town.
  • Tags and licenses shall not be transferable.
  • The fee for a replacement tag shall be two dollars.
  • No license shall be issued to any child under the age of eighteen.  If a dog is owned or kept by a child under the age of eighteen, the license shall be issued in the name of the child's parent or legal guardian who shall be deemed the keeper of the animal for purposes of this Chapter.
  • A license fee shall not be refunded because of a subsequent death, loss, spaying, neutering, or removal from the town of said dog.
  • The owner or keeper of a dog shall securely attach the license tag to said dog's collar or harness.  If the tag is lost, the owner or keeper shall promptly apply for a replacement tag and shall attach same to the collar or harness of the dog. The penalty for a violation of this subsection shall be fifteen dollars; the penalty for a second violation of this subsection within the same calendar year shall be thirty-five dollars; and the penalty for a third or subsequent violation of this subsection within the same calendar year shall be fifty dollars.
  • The provisions of this section shall not apply to institutions licensed under Chapter 49A of the General Laws, to pet shops licensed under §39A of Chapter 129 of the General Laws, or, except as provided herein, to any person operating a licensed kennel.

SECTION 30440 KENNEL LICENSES

Any owner or keeper of four or more dogs, three months or older, or who maintains a breeder kennel, as defined, or who maintains a commercial kennel, as defined, shall apply to the Animal Control Board for the appropriate kennel license, in writing upon forms provided to the applicant by the Clerk. The Animal Control Board shall hold a public hearing to consider any application for a Hobby Kennel license or a Breeder Kennel license.  Commercial kennels shall continue to be regulated by the Zoning Board of Appeals. It shall be the responsibility of the applicant to notify all abutters within 500 feet of the premises, by certified mail not less than seven days in advance of the impending public hearing.
In granting a kennel license, the Animal Control Board shall assure, in addition to any specific requirements in the bylaws, that:

  • The specific site is an appropriate location for the kennel;
  • The kennel will not adversely affect the neighborhoods;
  • There will be no nuisance to the public; and
  • Adequate and appropriate facilities will be provided to assure public safety.

The Animal Control Board may impose such conditions, safeguards and limitations as it may deem reasonably appropriate to protect the neighborhood and otherwise serve the purpose of the by law.  Such application shall specify the maximum number of dogs to be kept on the premises at any one time.  The Animal Control Board shall, within sixty days of said application, approve or deny same. If the Animal Control Board denies approval of an application, it shall set forth in writing the reasons for denial.
The annual fees for kennel licenses shall be set annually by the Board of Selectmen. Failure to pay the annual renewal license fee due July lst shall result in the fee being doubled if not paid in full by October 1 each year.

The Clerk shall issue, without charge, upon written approval of the Animal Control Board, a kennel license to any domestic charitable corporation incorporated in the Commonwealth exclusively for the purpose of protecting animals from cruelty, neglect, or abuse.

A veterinary hospital shall not be considered a kennel unless it contains an area for the grooming or selling of dogs, or for boarding of dogs for other than medical or surgical purposes, in which case it shall apply in writing to the Animal Control Board for the required kennel license.  If a kennel owner desires to increase the capacity of his kennel during a license period, he shall apply to the Animal Control Board for a license modification.  If the Animal Control Board approves the modification, the Clerk shall issue a modified license upon payment by the owner of the difference between the existing kennel license and the fee for the kennel license most recently approved.  If the Animal Control Board denies approval of a modification, it shall set forth in writing the reasons for denial. If the Animal Control Board denies a request for a kennel license or expansion of same, the applicant may appeal said denial to the Board of Selectmen.

Kennels licensed prior to the adoption of this section shall not be required to obtain approval of the Animal Control Board. Kennel licenses shall not be transferable.

The owner or keeper of a kennel shall renew the license annually prior to the commencement of each succeeding license period.  The penalty for failure to renew a kennel license shall be twenty-five dollars.

A license issued pursuant to this section shall be in lieu of any other license required for any dog  which may be kept in such kennel for any portion of the period for which the license is issued.

While at large, each dog belonging to a kennel shall wear a collar or harness to which shall be securely attached a tag upon which shall appear the number of the kennel license, the name of the town, and the year of issuance.  All provisions and penalties of this chapter relating to dogs at large shall apply to the dog of a kennel when such dog is at large.

Whenever a kennel owner sells any dog or pup, he shall, within five days of such sale, notify the Clerk in writing, including in the notification the age, breed, color, identifying marks, sex, and reproductive status of the animal and address of the purchaser. 

The Clerk shall cause a copy of such notice to be forwarded to the Clerk of the town in which the new owner resides.  The penalty for a failure to comply with this notification requirement by the seller shall be twenty-five dollars for each violation.

SECTION 30450 KENNEL LICENSE AND INSPECTION

The Animal Control Officer may at any time inspect or cause to be inspected any kennel and, if he/she believes after such inspection that the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, shall report same to the Animal Control Board.  Upon receipt of such report, the Animal Control Board shall notify the kennel license holder of such report and shall convene within seven business days of the receipt of the report to determine whether the license should be temporarily suspended.  Regardless of whether the license is temporarily suspended, the Animal Control Board shall, within ten business days of receipt of such report conduct a hearing at which the kennel license holder shall be permitted to defend against any suspension or revocation. Any order of the Animal Control Board suspending or revoking a kennel license may be appealed to the Board of Selectmen.  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.

Upon the petition of twenty five citizens filed with the Animal Control Board, setting forth that they are aggrieved or annoyed to an unreasonable extent by one or more dogs at a kennel located within the town because of excessive, unprovoked barking, vicious behavior of one or more dogs, or other conditions connected with the kennel that allegedly constitute a public nuisance, the Animal Control Board shall, within ten business days of the filing of such petition, give notice to all parties signing such petition and to the holder of the kennel license of a public hearing to be held within fourteen days of such notice. Within thirty days after the public hearing, the Animal Control Board shall make an order either revoking or suspending such kennel license or otherwise regulating operation of said kennel, or shall dismiss the petition.  Within seven business days following the entry of any order or dismissal by the Animal Control Board the petitioners or the kennel license holder may file an appeal to the Board of Selectmen.  After hearing, the Board of Selectmen shall, by order, either affirm or reverse the action of the Animal Control Board, by suspending, revoking or amending such kennel license, by otherwise regulating said kennel, or by dismissing the complaint. 

Within ten days of an order of the Selectmen, the holder of such kennel license may bring a petition in the local district court praying that such order be reviewed by the court.

The penalty for maintaining a kennel after the license has been suspended or revoked shall be fifty dollars per day.

SECTION 30460 LEASH LAW

A. No owner or keeper of a dog shall permit said dog to be in any street, including public or private ways or ways in existence prior to the adoption of these bylaws, or public place, or on the property of another without the express permission of the owner or occupant of such property, without such dog being effectively restrained by chain or leash, which chain or leash shall be under the direct and positive control of such owner, keeper or other person. No owner or keeper of a dog shall permit said dog, whether leashed or unleashed, to be on a beach between the hours of 10 a.m. and 6 p.m. from June fifteenth through September fifteenth, inclusive or playgrounds, cemeteries and athletic fields maintained by the Town at any time.

The penalty for the first violation of this subsection within a calendar year shall be twenty five dollars; the penalty for the second violation of this subsection within a calendar year shall be fifty dollars; the penalty for a third or subsequent violation of this subsection within a calendar year shall be seventy-five dollars.

B. The Animal Control Officer shall impound any dog running at large contrary to this section.  If the owner of said dog is known, the Animal Control Officer shall give notice to such owner immediately.  If the owner claims the dog, furnishes proof of payment of outstanding license fees, together with the current impoundment, the dog shall be returned to the owner.  Said owner shall also be responsible for emergency veterinary care required during impoundment.

Whenever a dog running at large contrary to this section is quarantined pursuant to General Laws Chapter 129, §21, the animal shall be impounded for the duration of the quarantine period and its owner, if known, shall be liable for the payment of the impoundment fee.  Whenever the Animal Control Officer has reason to believe that a dog running at large contrary to this section has bitten more than one person, said Officer shall be required to make a complaint in writing to the Animal Control Board, which may order impoundment of said dog and its owner, if known, shall be liable for the payment of the daily impoundment fee. Any dog which has been impounded for the mandatory holding period and which remains unclaimed by its owner or keeper may be placed for adoption. The Animal Control Officer may order the confinement of any unspayed female in estrous cycle, commonly termed "in heat," for the purpose of abating a public nuisance.

SECTION 30470 COLLAR/HARNESS

The owner or keeper of a dog shall cause same to wear around its neck or body a collar or harness of leather or other durable material. The fine for a violation of this section shall be fifteen dollars; the fine for a second violation of this section within the same calendar year shall be thirty- five dollars; the fine for the third or subsequent violation under this section within the same calendar year shall be fifty dollars.

SECTION 30480 POOPER SCOOPER

The owner or keeper of a dog shall cause to be removed any defecation made by said dog, at the time made, from any street, public way, public place or property of another. Failure to comply with this section shall result in a penalty of twenty-five dollars; the penalty for a second violation of this section within the same calendar year shall be fifty dollars; the penalty for a third violation of this section within the same calendar year shall be seventy-five dollars.

SECTION 30490 RABIES VACCINATIONS

A. The owner keeper of a dog which has reached the age of six months shall cause the dog to be vaccinated against rabies by a veterinarian using a vaccine approved by the Department of Public Health. Unvaccinated dogs acquired or brought into the town shall be vaccinated within ten days or upon reaching the age of six months, which ever is later. Vaccinated dogs shall be re-vaccinated periodically in accordance with rules adopted and promulgated by the Department of Public Health.  The penalty for failure to comply with this section shall be fifty dollars.

The Board of Health of the town shall furnish free of charge upon application of any resident without health insurance which would cover the same, thereof who has been or may have been exposed to rabies, anti-rabies vaccine and treatment in accordance with the rules of the Department of Public Health and accepted medical practice.

Such person shall have the right to select his own physician who shall be paid by the town at a rate established by the Board of Health of the town. The fact that a physician is a member of the Board of Health shall not disqualify him from being so selected and paid by the town for his services.

The Board of Health of the town shall provide free of charge to the Animal Control Officer a rabies vaccination upon request of such Officer.

SECTION 30500 FAILURE TO ANSWER CENSUS

The owner or keeper of a dog within the town shall acknowledge the ownership or keeping of such dog on the annual census form promulgated by the Registrars of Voters. The penalty for failure to comply with this section shall be twenty -five dollars.

SECTION 30510 FAILURE TO ACKNOWLEGE TO POLICE/ANIMAL CONTROL OFFICER

It shall be an offense under this Chapter for any owner or keeper of a dog to refuse to answer or to provide false information to a police officer or Animal Control Officer pertaining to said owner's or keeper's ownership or possession of a dog.  The penalty for a violation of this section shall be twenty- five dollars.

SECTION 30520 VICIOUS DOGS

If any person shall make a written complaint to the Animal Control Board that any dog harbored within the town is a nuisance by reason of vicious behavior, the Animal Control Board shall investigate or cause to be investigated such complaint. 

Notwithstanding the provisions of Section 30460 (B) paragraph 2, the Animal Control Officer may file a complaint with the Animal Control Board if he/she believes that any dog harbored within the town poses a threat to public safety.  The Animal Control Officer can order a dog to be muzzled for the following: (a) biting or menacing a person; (b) injuring a domestic animal or fowl; and (c) excessive barking as defined in Section 30530. Only the Animal Control Officer has the power to remove a muzzle order if he/she so desires; i.e., an exception is feeding time.

If a dog bites a person, the animal must be quarantined subject to M.G.L. c.129, §21. Any and all violations of a quarantine order will be subject to general penalties under M.G.L. c.129, §30.  The Animal Control Board shall conduct a hearing no less then seven business days after said owner or keeper has been notified by the Animal Control Board of the date of the hearing.  After hearing, the Animal Control Board may make an order concerning the restraint or destruction of said dog as may be necessary, or may dismiss the complaint.  The owner shall confine within a building or secure enclosure, every fierce, dangerous, or vicious dog, and not take such dog out of such building or secure enclosure unless such dog is securely muzzled, and upon a leash, as directed by the Animal Control Board. 

Within seven days after the issuance of an order or dismissal, the Animal Control Board shall report the action taken, in writing, to the Board of Selectmen.  Within seven days following the entry of any order or dismissal by the Animal Control Board, the complainant or the owner or keeper of the dog may file an appeal to the Board of Selectmen in writing.  After hearing, the Board of Selectmen shall, by order, either affirm, reverse, or amend the action of the Animal Control Board by entering an order that the dog be restrained, that the dog be destroyed, or that the complaint be dismissed.  Within ten days of an order to restrain or destroy a dog, the owner or keeper of such dog may bring a petition in the local district court praying that such order be reviewed by the court.

The penalty for violating an order of the Animal Control Board if such is not appealed, for violating an order of the Board of Selectmen if such is not appealed, or for violating an order of the court made pursuant to this section shall be fifty dollars. If the Board determines a nuisance exists, fines and penalties shall accrue for each day and until final disposition of the Board or Court of the nuisance abatement.  If, following an order by the Animal Control Board to destroy an animal if such is not appealed, or an order of the Board of Selectmen if such is not appealed, or an order of court affirming an order of the Board of Selectmen to destroy an animal, said owner or keeper fails to destroy such dog, the Animal Control Officer shall enter onto the property of the owner or keeper of the dog, take the dog, and cause to be killed such dog in a manner prescribed by Chapter 140, §151A of the General Laws.  The act of a dog in attacking or biting another dog or other animal, livestock, or fowl may be made the subject of a complaint under the provisions of this section.

SECTION 30530 BARKING DOGS

No owner keeper of a dog shall permit same to engage in excessive, barking for more than thirty (30) minutes between the hours of 10:00 p.m. to 7:00 a.m. or at any other time for more than one hour.  The penalty for a violation of this subsection shall be ten dollars for the first offense in a calendar year; the penalty for a second offense within the same calendar year shall be twenty dollars; the penalty for a third offense within the same calendar year shall be thirty dollars; the penalty for a fourth offense within the same calendar year shall be forty dollars; and the penalty for a fifth or subsequent offense within the same calendar year shall be fifty dollars.

If any person shall make a complaint in writing to the Animal Control Board that any dog owned or harbored within the town is a public nuisance by reason of excessive barking as defined above in Section A. or other unprovoked disturbance, or by reason of excessive, unprovoked noise a source of annoyance to any sick person residing in the vicinity, the Animal Control Board or Animal Control Officer shall investigate or cause to be investigated such complaint. If the Board determines a nuisance exists, fines and penalties shall accrue for each day and until final disposition of the Board or Court of the nuisance abatement.
Any person lodging such a written complaint shall be required to testify at a hearing before the Animal Control Board.  After hearing, the Animal Control Board may make an order requiring the silencing or removal of such dog, or dismissing the complaint. 

Within ten days following the issuance of such an order, either party may apply in writing to the Board of Selectmen for an appeal hearing.  The Board of Selectmen, after an appeal hearing, may make an order requiring the silencing of or removal of such dog, or dismissing the complaint.  Within seven days following an order of the Selectmen, the owner or keeper of such dog may bring a petition in the local district court praying that the order be reviewed by the court. The penalty for refusal to obey an order of the Animal Control Board and/or Board of Selectmen, if such is not appealed, or refusal to obey an order issued by the court, shall be fifty dollars.

SECTION 30540 DAMAGE TO LIVESTOCK, FOWL, REGULATED OR DOMESTICATED ANIMALS

The owner or keeper of a dog who has done damage to livestock or fowl shall be liable for such damage.  Whoever suffers loss by the worrying, killing, or maiming of his livestock or fowl by any dog shall inform the Animal Control Officer who shall forthwith proceed to the scene to view the damage and determine whether the damage was done in fact by a dog and, if so, report the extent of damage to the Animal Control Board in writing.  The Animal Control Board shall cause to be investigated and appraised the amount of damage and may hold a hearing on assessment of damage.

If the owner of the dog who damaged livestock or fowl is known, the Animal Control Board shall order the owner of said dog to pay to the town the assessed amount of damages.  If the owner of the dog who damaged livestock or fowl is not known, the Animal Control Board shall so state in writing.  The Animal Control Board shall, after its determination, transmit to the Town Treasurer a request for payment in the amount of the assessed damages to the owner of the damaged livestock or fowl.  Any person aggrieved by an order of the Animal Control Board under this section may, within seven days after issuance of said order, request in writing a hearing by the Board of Selectmen.  The Board of Selectmen, after hearing, shall either affirm or reverse an order of the Animal Control Board or may reassess damages. 

In the event that the owner or keeper of a dog known to have done damage to livestock, fowl, regulated or domesticated animal and refuses to pay upon order of the Animal Control Board if such is not appealed, or refuses to pay upon order of the Board of Selectmen, the penalty for such refusal shall be fifty dollars.  If the Board determines a nuisance exists, fines and penalties shall accrue for each day and until final disposition of the Board or Court of the nuisance abatement.  In addition the Animal Control Board or Board of Selectmen whose order has been violated shall enter or cause to be entered a complaint in the local district court for the enforcement of the order. No owner of livestock or fowl shall be reimbursed by the town for damages inflicted by his own dog or dogs. No award for damages shall exceed the fair market cash value of such livestock or fowl.  No reimbursement shall be made in the case of damage to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge, or other livestock or fowl determined by the Department of Fisheries, Wildlife and Recreational Vehicles to the wild.

SECTION 30550 ENFORCEMENT

A. Criminal Complaint
Whoever violates any provision of this Chapter may, except as otherwise required by law, be prosecuted by indictment or a complaint brought in the district court. 

B. Non-criminal Disposition
Any provision of this Chapter, and any order of the Animal Control Board or the Board of Selectmen, the violation of which is subject to a specific monetary fine or penalty, may, in the discretion of the town official who is the enforcing person and as an alternative to criminal proceedings, be enforced in the manner provided in § 21D of Chapter 40 of the General Laws.  The term "enforcing person" shall mean the Animal Control Officer or any police officer of the town.

Any specific monetary fine or penalty that is set forth in any provision of this Chapter for the violation of same shall be considered to apply only to a non-criminal disposition of such violation, and shall not be construed as a limitation upon the monetary penalty recoverable through criminal proceedings.

Last modified  5/19/2010

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