Excerpt from the General Bylaws of the Town of Burlington

ARTICLE XIII

PUBLIC SAFETY

2.0 Control of Dogs

2.1 No dog shall be permitted away from the premises of its owner or keeper except when in the charge of a competent person at least twelve (12) years old and controlled by a leash; or obedient to command; or confined within a vehicle; or confined to another premises.

Note: Amended Art. 27 Spec. TM 12/7/70. App. A.G. 2/16/71. Pub. BTU 4/8, 4/15, 4/22/71.

2.2 Penalties - An owner or keeper who violates Section 2.0 of this article shall be liable to a fine according to the following procedure and schedule:

2.2.1 Enforcement Procedure and Schedule of Fines

The Dog Officer of the Town shall send a written notice to the owner or keeper stating that such person is in violation of Section 2.0 of this article. If it is the first offense within the preceding twelve (12) month period, the fine shall be $15; if it is the second offense within the preceding twelve (12) month period, the fine shall be $25; if it is the third offense within the preceding twelve (12) month period, the fine shall be $35; and if it is the fourth or subsequent offense within the preceding twelve (12) month period, the fine shall be $50.

Note: Amended Art. 63 TM 5/26/76. App. A.G. 9/14/76. Pub. Burl. News 9/23, 9/30, 10/7/76.

2.2.2 The fine for an unlicensed dog as of July 1st of any year shall be $50.

Note: Adopted Art. 15, TM 9/18/89. App. A.G. 12/21/89. Pub. Burl. News 1/4. 1/11/90.

2.2.3 An owner or keeper of a dog kept in the Town of Burlington who has not licensed said dog by the first day of June shall be required to pay a fine of Ten Dollars ($10.00), a dollar of which shall be paid to the Animal Control Officer, and the remainder to be paid to the Town Treasury.

2.2.4 A notice shall be sent by the Animal Control Officer to each owner/keeper of a dog in the Town of Burlington no later than May 1st each year informing said resident of the deadline for licensing dogs and of the $10.00 fine for late licensing.

Note: Section 2.2.3 amended and 2.2.4 adopted Art. 24 TM 9/30/85. App. A.G. 10/19/85. Pub. Burl. News 11/28, 12/5/85.

2.3 Licensing Fees (superceded by the acceptance of MGL Chap. 40, Section 22F at the 5/21/97 Town Meeting)

Note: Repealed under Article 6, May 14, 2001 Town Meeting

2.4 Kennels

Any owner/keeper of four dogs or more, three months old or over, shall apply for a kennel license.

Kennel licenses shall not be issued unless the Animal Control Officer has made a favorable recommendation to the Town Clerk and unless a license has been obtained from the Board of Health. The recommendation of the Animal Control Officer shall be based on the annual inspection of the premises as provided in Chapter 140 Section 137C of the Mass. General Laws in addition to complaints registered and violations committed in the previous 12 month period against the owner/keeper.

A "kennel" constitutes one pack or collection of dogs on a single premise, whether maintained for breeding, sale, training, hunting, or other purposes, including a shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept by a person on a single premise, irrespective of the purpose for which they are maintained.

The Clerk shall upon application issue without charge a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse and for the relief of suffering among animals.

2.5 Property Damage

Owner/keeper of dogs, if known, are responsible for any damages caused to property, livestock or fowl belonging to any other resident. Whoever suffers loss by the worrying, maiming or killing of his livestock or fowls by dogs, whose owner/keeper is unknown, may inform the Animal Control Officer who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof, not to exceed $50. The Animal Control Officer shall submit a report of the damages found to the Selectmen who shall examine all bills for damages and issue an order upon the Treasurer for such amounts as they decide to be just and shall notify all interested parties of their decision. The Treasurer shall pay all orders drawn upon him in full for the above purposes.

2.5.1 No reimbursement shall be made for damage by a dog to dogs, cats, and other pets.

2.5.2 If any provision of this Bylaw be deemed unenforceable, the remaining provisions shall continue in full force and effect.

Note: Adopted Art. 20 TM 9/22/86. App. A.G. 10/16/86. Pub. Burl News 10/23, 10/30/86.

2.6 Regulation and Licensing of Vicious Dogs

2.6.1 Declaration of Purpose

2.6.1.1 It is hereby declared that vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of the Town of Burlington, in that vicious dogs have in recent years assaulted without provocation and seriously injured numerous individuals, particularly children, and have killed numerous dogs. Many of these attacks have occurred in public places.

2.6.1.2 The number and severity of these attacks is also attributable to the failure of owners to register, confine and properly control vicious dogs.

2.6.1.3 It is further declared that the owning, keeping or harboring of vicious dogs is a nuisance, and if such dog is not properly controlled its license should be revoked.

2.6.1.4 It is further declared that because of the danger posed to the public health, safety and welfare by vicious dogs, this Bylaw constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare of the citizens of the Town of Burlington.

2.6.2 Definitions

As used in the Bylaw, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

2.6.2.1 "Vicious Dog" means:

(a) Any dog that has bitten or attacked a human being or animal;

(b) Any dog owned or harbored, primarily or in part for the

purpose of dog fighting, or any dog trained for dog fighting.

2.6.2.2 "Enclosure" means a fence or structure of at least six (6) feet in height, suitable to prevent the entry of young children, and confine a vicious dog; but not to include a whole yard if the fence is greater than six (6) feet in height. Such enclosure shall have sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.

2.6.2.3 "Animal Control Officer" means any person designated by the Town Selectmen, and may be a Police Officer or Constable.

2.6.2.4 "Impounded" means taken into the custody of the Animal Control Officer or other designated agents of the Town.

2.6.2.5 "Person" means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership or trust.

2.6.2.6 "Muzzle" means a device constructed of strong, soft material or a metal muzzle. Such muzzle may not interfere with the vision or respiration of any dog nor shall it cause any injury to the dog. It must prevent the dog from biting any animal or person.

2.6.2.7 "Licensing Authority" means the Office of the Town Clerk or other duly authorized licensing authority.

2.6.3 Requirements for Licensing

2.6.3.1 Every dog kept in the Town of Burlington which is three months old or older shall be licensed. The Animal Inspector shall notify the Licensing Authority of all vicious dogs as defined in this Bylaw. Upon such notice, the Licensing Authority shall notify the dog owner/keeper that unless contested within 48 hours, the dog will be considered vicious and any previously issued license will be considered immediately revoked. Owners/keepers must relicense the dog as "vicious" or notify the Licensing Authority as to the disposition of the animal within 60 days of the notice. No vicious dog shall be licensed by the Town of Burlington for any licensing period commencing after January 1987 unless the owner or keeper of such vicious dog shall meet the following requirements:

Amended Art. 15, TM 9/18/89. App. A.G. 12/21/89. Pub. Burl. News 1/4, 1/11/90.

(a) The owner or keeper shall present to the Licensing Authority proof that the owner/keeper has procured liability insurance in the amount of at least One Hundred Thousand Dollars, ($100,000.00) covering any damage or injury which may be caused by such vicious dog during the twelve (12) month period for which licensing is sought. The policy shall contain a provision requiring the Town to be named as additional insured for the sole purpose of the Licensing Authority to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.

(b) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license.

(c) The owner or keeper shall have a licensing number assigned to any vicious dog, or such other identification number as the Licensing Authority shall determine. That number shall be noted on the city or town licensing files of such vicious dog.

(d) The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. The sign shall be visible and capable of being read from the public highway or roadway.

(e) The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced enclosure for the vicious dog on the property where the vicious dog will be kept or maintained.

(f) The owner or keeper shall notify the Licensing Authority if said dog is unconfined, has attacked another animal or has attacked a human, or has died or has been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide the Licensing Authority with the name, address and telephone number of the new owner of the vicious dog.

(g) The Animal Control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this Bylaw, and such Animal Control Officer is empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions hereof.

2.6.4 Control of Vicious Dogs

2.6.4.1 All vicious dogs shall be confined in an enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure.

2.6.4.2 It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or outside of the enclosure, unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog, or to sell or give away the vicious dog or to comply with the commands or directions of the Animal Control Officer with respect to the vicious dog, or to comply with the provisions of this Bylaw. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.

2.6.5 Purpose or Intent ‑ Harboring

2.6.5.1 No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to unprovoked attacks on human beings or domestic animals.

2.6.5.2 No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the Town any vicious dog.

2.6.6 Vicious Dog ‑ Seizure

2.6.6.1 In the event that a Animal Control Officer or law enforcement agent has cause to believe that a vicious dog is being harbored or cared for in violation of this Bylaw, the Animal Control Officer or law enforcement agent may order the seizure and impoundment of the vicious dog.

2.6.7 Revocation of Licenses and Review

2.6.7.1 The license of a vicious dog shall be liable to revocation if said dog is kept in violation of this Bylaw, or attacks a person or animal.

2.6.7.2 If the Animal Control Officer shall determine that any vicious dog is being kept in the Town in violation of this Bylaw, or any vicious dog has attacked a person or animal, the Animal Control Officer shall so notify the Selectmen. After giving notice to the owner of the hearing, the Selectmen shall hold a public hearing on whether to revoke the license of said dog. If the Selectmen revoke the license of said dog, they shall notify the owner or keeper of the dog and the Licensing Authority that said dog will be impounded and destroyed if it is found within the Town.

2.6.7.3 If the Selectmen revoke the license of a vicious dog, once a seven day notification period after the revocation has occurred, the Animal Control Officer or other authorized agent shall impound and destroy such dog as unlicensed if found within the Town, pursuant to this Bylaw and the practice of M.G.L. C.140, S.157 or the procedure therein.

2.6.8 Parallel Procedure

Nothing in this Bylaw shall be construed to affect or supersede the provision of G.L. C.140, S157 or the procedure therein.

2.6.9 Severability

If any provision of this Bylaw, or the application thereof to any person or circumstances, is held invalid, the validity of the remainder of the Bylaw and the application of such provisions to the other persons and circumstances shall not be affected thereby.

Note: Adopted under Art. 27 TM 1/12/87. App. A.G. 4/8/87. Pub. Burl. News 4/16, 4/23/87. Amended Art. 1 Spec. TM 5/20/87. App. A.G. 9/16/87. Pub. Burl. News 9/24, 10/1/87.

2.7 Pooper Scooper

(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 his/her 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 his/her dog on any private property upon request by the owner or occupant of said private property and for which permission has been granted by a lawfully authorized person for the disposal of such feces on said private property.

(b) Method of Disposal

Disposal shall be accomplished by transporting and disposing of such feces to and at a place suitable and lawful for the disposal of canine feces or as otherwise designated as appropriate by the Town.

Enforcement of this bylaw may be by Animal Control Officer, any Police Officer, and Board of Health Agent. Violation of this section shall be punishable as follows:

First offense and each subsequent occurrence $50.00

Note: Adopted Art. 10 9/30/96, app. A.G. 11/18/96, pub. Burl. Union 12/12, 12/19/96.