SECTION 4B-26 – PROPOSED ORDINANCE WITH COUNCILOR BURKE CHANGES
Sec 4B-26. Prohibited behavior, impounding, release and disposition of dogs.
(a) The owner or keeper of a dog or both may be prosecuted for the following
violations of this section and/or the dog may be impounded:
(1) If found without a license when a license is required by law;
(2) If found at large;
(3) For having bitten, injured or physically molested any person;
(4) For having bitten or injured any domestic animal;
(5) For chasing any vehicle on a public way or on any way open to public traffic in the city;
(6) For repeatedly causing a nuisance, such as, but not limited to barking or littering;
(7) If found, not muzzled, off the property of its owner or keeper while a muzzling order
with respect to it is in effect under section 4-29 herein below;
(8) For leaving defecation
(a) on a private property other than that of its owner
(b) on a public sidewalk or
(c) on trees or lawns; or
(9) If any person owning, harboring, keeping or in charge of any dog, except a Seeing Eye Dog,
shall cause, suffer or allow such dog to soil, defile, defecate or commit any nuisance on
any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where
people congregate or walk, or on any public property whatsoever, or on any private property
without the permission of the owner of said property.
(b) The owner or keeper may obtain the release of an impounded dog as follows:
In the case of a violation of subparagraph (1) herein above, upon obtaining
a license as required by law and by payment of a late filing fee;
(2) In the case of a violation of subparagraphs (2) through (8), inclusive, of
paragraph (a) herein above, upon the agreement of the owner or keeper to
undertake such restriction or control of the dog as the dog officer shall require;
(3) In addition to compliance with subparagraphs (1) and (2) of this paragraph (b),
all pound fees and fines, if any, must be paid before the dog is released.
(c) No later than two (2) days after the impoundment of any dog, the owner or keeper shall be
notified, or if the owner or keeper of the dog is unknown, or, after reasonable efforts, is not
contacted, written notice shall then be posted for ten (10) consecutive days on a K9 bulletin
board in the office of the city clerk describing the dog and the place and time of taking.
(d) Dogs impounded and unclaimed by the owner or keeper after such a ten (10) day period, shall
be disposed of in accordance with the provisions of Mass. Gen. Law Chapter 140, section151A.
(e)(1) From and including Memorial Day to and including Labor Day of each year, dogs will be
permitted in Lynch Park (excluding Gardens, playing fields and playground equipment areas)
only between the hours of 6:00 am to 7:45am.
(e)(2) From and including Memorial Day to and including Labor Day of each year, dogs will be
permitted in any other City Park (excluding Gardens, playing fields and playground equipment
areas) only between the hours of 7:30 pm to 8:00 am.
(e)(1) Dogs restrained by a leash of appropriate length shall be permitted in City parks
(excluding Gardens, playing fields and playground equipment areas).
(e)(2) Dogs unrestrained by a leash shall be permitted only in areas designated by the
City Council upon recommendation by the Animal Recreation Citizen Advisory Committee.
(f) Cats impounded and unclaimed by the owner or keeper after a two day period may be
disposed of in accordance with the provisions of Mass. Gen. Law Chapter 140, Section151A.
(Rev. Ords. 1973, § 16-36; Ord. No. 30, § 1, 7-7-87; Ord. No. 543, 10-15-90; Ord. No. 153, § 1,
12-7-92; Ord. No. 148, 12-18-95; Ord. No. 40, 5-7-2003; Ord. No. 173, 6-4-2003)
Cross reference - Parks and recreation, Ch 16
(g) Animal Recreation Citizen Advisory Committee.
(1) Composition -- There is hereby established the Animal Recreation Citizen Advisory
Committee consisting of six members. Of the six members, one shall reside in
Ward I, one shall reside in Ward II, one shall reside in Ward III, one shall reside
in Ward IV, one shall reside in Ward V, and one shall reside in Ward VI, and shall
be nominated by their respective ward councilor. All members shall be residents of
the city and shall not be in the employ of the city of Beverly. All appointments shall
be for three year terms. All appointments shall be subject to review by the City Council.
(2) Authorities and Responsibilities -- The Animal Recreation Advisory Committee shall act in
an advisory and consulting capacity to the City Council and other interested city
departments, boards, committees or commissions and to the citizens of the city,
relative to matters concerning off-leash areas, dog license fees, fines, and other
matters referred from the Beverly City Council or one of its standing committees.
Sec. 4B-28. Dogs; restraint required.
(a) No person owning, harboring or having custody and control of a dog shall permit such dog to
be at large in the City of Beverly at any time, elsewhere than on the premises of the owner, except
if such dog be on the premises of another person with the knowledge and assent of such person.
Further, any person owning, harboring or having custody and control of a dog in the City of
Beverly, when such dog is not on the premises of the owner or upon the premises of another
person with the knowledge and assent of such person, shall control and restrain such dog by
a leash of appropriate length.
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