Title VIII - Public Health and Safety

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Article

Article 1: Public Safety And Good Order

 

Article 2: Canine Control

 

Article 3: Public Health Regulations

 

Article 4: Vehicles - Recreation

 

Article 5: Graffiti and Vandalism

 

Article 6: Mobile Food Vendors

 

Article 7: Public Consumption of Marihuana or Tetrahydrocannabinol

 

Article 8: Keeping of Hens/Poultry

 

 Article 9: Plastic Bag Reduction  

ARTICLE 1
PUBLIC SAFETY AND GOOD ORDER

Section 1. Peeping Tom

No person shall, not being an officer of the law acting in the performance of their legal duty, enter upon any premises or into any building in Arlington with the intention of peeping into any building, or part thereof, or spying upon any person therein.

Section 2. Firearms

No person shall, except in the performance of some legal duty, discharge any firearms, or any air gun within the limits of the town, except by permission of the Select Board.

Section 3. Fireworks and Firecrackers

No person shall set off, explode or cause to explode any fireworks or firecrackers within the town except under such regulations as the Select Board may prescribe.

Section 4. Door-to-Door Solicitors

(ART. 13, ATM – 05/04/09)
A. Definitions; applicability
(1) As used in this section, the terms “solicit” and “canvass” shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner:
(a) Seeking to obtain the purchase, or orders for the purchase, of goods, wares, merchandise, foodstuffs, or services of any kind, character, or description whatsoever for any consideration whatsoever; or

(b) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication.

(2) The provisions of this section shall not apply to officers or employees of the Town, county, state, or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers.
(3) If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of M.G.L. c. 101, § 34, shall apply.
(4) The provisions of this section shall not apply to any person soliciting solely for religious, charitable, or political purposes.
B. Registration required
It shall be unlawful for any person to solicit or canvass or engage in or conduct business as a canvasser or solicitor without first having obtained a certificate of registration from the Chief of Police as provided in this section.
C. Application for certificate of registration
(1) Application for a certificate of registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee of $25.
(2) An authorized representative of the sponsoring organization shall apply to the Chief of Police or the Chief’s designee either in person or by mail. All statements made on the application or in connection therewith shall be made under the pains and penalties of perjury. The applicant shall provide all information requested on the application, including:

(a) Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors;
(b) State and/or federal tax identification number of the sponsoring organization;
(c) Name, residential and business address, length of residence at such residential address, telephone number, social security number, and date of birth of each representative of the sponsoring organization who will be soliciting or canvassing in the Town,
(d) Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage;

(e) Period of time for which the certificate is applied (every certificate shall expire one year from date of issue);

(f) The date of the most recent previous application for a certificate under this section;

(g) Any previous revocation of a certificate of registration issued to the organization or to any officer, director, or representative of the organization by any city or town and the reasons therefor;
(h) Any convictions for a felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town;

(i) Names of the three communities where the organization has solicited or canvassed most recently;

(j) Proposed dates, hours, and method of operation in the
Town;
(k) Signature of authorized representative of the sponsoring organization.
(3) A photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application.
(4) No certificate of registration shall be issued to any person or to any organization having an officer or director who was convicted of commission of a felony, either state or federal, within five years of the date of the application, nor to any organization or person whose certificate of registration has previously been revoked as provided below.
(5) Fully completed applications for certificates shall be acted upon within five business days of receipt. The Chief of Police shall cause to be kept accurate records of every application received together with all other information and data pertinent thereto and of all certificates of registration issued under this section and of all denials.
(6) Upon approval of an application, each solicitor or canvasser shall be issued a certificate of registration to carry upon their person at all times while soliciting or canvassing in the Town and to display the certificate whenever asked by any police officer or any person solicited.
D. Revocation of certificate.
(1) Any certificate of registration issued hereunder may be revoked by the Chief of Police for good cause, including violation of any of the provisions of this section or a false statement in the application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the certificate in person or by certified mail addressed to their residence address set forth in the application.
(2) Immediately upon the giving of such notice, the certificate of registration shall become null and void. In any event, every certificate of registration shall state its expiration date, which shall be one year from date of issue.
E. Deceptive practices
No solicitor or canvasser may use any plan, scheme, or ruse to misrepresent the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office, or other establishment of any person in the Town.
F. Duties of solicitors and canvassers
(1) It shall be the duty of every solicitor and canvasser going onto any premises in the Town to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises.
(1) Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

G. Lawful hours to solicit or canvass
All canvassing or soliciting under this section shall be confined to the hours between 10:00 a.m. and 8:00 p.m. throughout the year.
H. Penalty for violations

Violation by a solicitor or canvasser of any provision of this section shall be punishable by a fine of not more than three hundred dollars but violation of M.G.L. c. 101, § 34, shall be punishable by a fine of not more than five hundred dollars or imprisonment of not more than six months, as provided therein.

Section 5. Second Hand Dealers

(ART. 18, ATM – 5/5/10), (ART. 10, ATM – 4/22/13)
A. License Required. The Select Board may license suitable persons to be Second Hand Dealers in accordance with Sections 54, 55, and 202 through 205 of Chapter 140 of the General Laws. No person may engage in the business of purchase, sale, or barter of junk, old metals, or second-hand articles within the Town without such a license.

Any licensed person must comply with the requirements of this section, as well as with any policies or procedures issued by
the Select Board and any specific conditions imposed on a license by the Select Board in accordance with Paragraph (G), below.

B. Sign Required, Premises. Every person engaged in the business of purchase, sale, or barter of junk, old metals, or second-hand articles, keeping a shop, shall maintain in a conspicuous place in the shop a sign with the name of the owner and occupation legibly inscribed thereon.
C. Records.

(i) Transaction Record. Every dealer licensed under this section (hereinafter, “Licensed Dealer”) shall prepare a record (hereinafter, “Transaction Record”) of the acquisition of any article, good, or item subject to licensing hereunder, regardless of the manner of acquisition. Said record shall be dated and shall include:

(a) The full name, current address, date of birth, and
driver’s license number or government-issued identification number of the person selling or bartering the article, good, or item that is received by the Licensed Dealer (hereinafter “Seller”);

(b) A full and accurate description of the article being received, including make, model, serial number(s), and any distinguishing marks or engravings;

(c) The amount paid for the article or other terms of the receipt of the article;

(d) The full name of the employee or other person receiving the article on behalf of the Licensed Dealer;

(e) The number assigned to the transaction under Sub-Paragraph (iii), below;

(f) A clear photograph of the article received by the Licensed Dealer;

(g) A photocopy of the Seller’s driver’s license or other government-issued identification; and

(h) The original signature of the Seller.

If the Chief of Police issues or approves a form to be used for Transaction Reports, that form shall be used by all Licensed Dealers.

(ii) Transmitting Records to Police Department. Once per week and on the same day each week, every Licensed Dealer shall transmit to the Chief of Police or the Chief’s designee copies of all Transaction Records reflecting receipt of any and all articles during the previous week.

If no articles were received during the previous week, the Licensed Dealer shall so notify the Chief of Police or the Chief’s designee in writing. These reports shall be transmitted electronically unless alternate arrangements are made with the Chief of Police or the Chief’s designee.

(iii) Transaction Book. Every Licensed Dealer shall maintain a bound book (hereinafter, “Transaction Book”) with sequentially numbered pages in which all transactions shall be recorded with the information required by Paragraph (i)(a)-(e), above. Each transaction shall be assigned a number in sequential order, which number shall also be printed on or affixed to the article received in the transaction.

(iv) Maintaining Records, Inspection. Every Licensed
Dealer shall maintain all Transaction Records and Transaction Books on site for a period of at least three years from the date of the last transaction recorded. All Transaction Records and Transaction Books shall be open to inspection by the Chief of Police or the Chief’s designee at any time.

D. Receipt of Items.

(i) From Minors, Prohibited. No Licensed Dealer shall purchase, barter for, or otherwise acquire -- directly or indirectly -- any article from anyone under the age of 18.

(ii) Questionable Status, Reporting. Any Licensed Dealer receiving any article under circumstances that would cause a reasonable person in the position of the Licensed Dealer to question whether the article might be stolen shall immediately report receipt of the article to the Chief of Police or the Chief’s designee and shall immediately make the article available to the Police Department for inspection and identification.

E. Holding Period. No Licensed Dealer shall sell, barter, exchange, encumber, remove from the premises, or otherwise dispose of any article received under this section, or disguise, secrete, or alter the appearance of any such article until 30 days have elapsed since receipt of the article and until the Transaction Record detailing the article’s receipt has been transmitted to the Chief of Police or the Chief’s designee.
F. Inspections. The shop of any Licensed Dealer and its contents regulated under this section shall be open to inspection by the Chief of Police or the Chief’s designee at any time the shop is open for business.

The Chief of Police or the Chief’s designee may report any violation of this section to the Select Board and/or may issue a notice of violation and penalty to the Licensed Dealer, as provided below.

G. Enforcement. The following penalties shall apply to violations of this section and shall be enforceable through criminal indictment or complaint under Section 21 of Chapter 40 of the General Laws or by non-criminal disposition under Section 21D of Chapter 40 of the General Laws:

1st offense in calendar year $100
2nd offense in calendar year $200
3rd and subsequent offense in calendar year $300

In addition, for one or more violations of this section over any period of time, the Select Board may revoke any license in accordance with Section 54 of Chapter 140 of the General Laws or may impose any other sanction up to revocation, including but not limited to written warning, probation, imposition of conditions, or suspension.

Section 6. Cigarettes

(ART. 8, STM – 11/15/93)
The sale of cigarettes by machine is prohibited. Any person or entity that offers or permits the sale of cigarettes by machine on premises owned or controlled by said entity or person shall be punished by a fine of $50 for the first offense and $300 for each subsequent offense, each day thereof to be considered a separate offense.

ARTICLE 2
CANINE CONTROL

Section 1. Dogs

(ART. 13, ATM – 4/29/13)
A. Nuisance and Dangerous Dogs

1. Definitions.

a. “Nuisance dog” is a dog that:

(i) by excessive barking or other disturbance is a source of annoyance to a sick person residing in the vicinity;

(ii) by excessive barking, causing damage or other interference, behaves in a manner that a reasonable person would find disruptive to quiet and peaceful enjoyment; or

(iii) has threatened or attacked livestock, a domestic animal, or a person in a manner not grossly disproportionate under all the circumstances.

b. “Dangerous dog” is a dog that either:

(i) without justification, attacks a person or domestic animal causing injury or death; or

(ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.

c. No dog shall be deemed dangerous:

(i) solely based upon growling, barking, or both;

(ii) based upon the breed of the dog; or

(iii) if, at the time of the incident in question, the dog was reacting to another animal or person in a manner not grossly disproportionate to any of the following circumstances:

(a) the dog was protecting or defending itself, its offspring, another domestic animal, or a person from attack or assault;

(b) the person attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog;

(c) the person attacked or threatened was engaged in teasing, tormenting, battering, assaulting, injuring, or otherwise provoking the dog; or

(d) at the time of the attack or threat, the person or animal attacked or threatened had breached an enclosure or structure, including but not limited to a gated and fenced-in area, in which the dog was kept apart from the public, without being authorized to do so by the owner of the premises.

A child under age 7 shall be rebuttably presumed not to have been committing a crime, provoking the dog, or trespassing at the time of the attack or threat.

2. Complaint. Any person may file a written complaint with the Select Board that a dog kept in the Town is a nuisance dog or a dangerous dog.

3. Disposition. The Select Board shall investigate or cause to be investigated the complaint, including an examination under oath of the complainant at a public hearing. Based on credible evidence and testimony presented at the public hearing, the Select Board or its designee (“Hearing Authority”) shall take the following action:

a. Nuisance dog. If the dog is complained of as a nuisance dog, the Hearing Authority shall either (a) deem the dog a nuisance dog; or (b) dismiss the complaint.

b. Dangerous dog. If the dog is complained of as a dangerous dog, the Hearing Authority shall either (a) deem the dog a dangerous dog; (b) deem the dog a nuisance dog; or (c) dismiss the complaint.

c. Report to Town Clerk. The Hearing Authority shall report any finding that a dog is a nuisance dog or a dangerous dog to the Town Clerk.

d. Order valid throughout Commonwealth. Unless later overturned on appeal, any order of the Hearing Authority shall be valid throughout the Commonwealth.

4. Remedies.

a. Nuisance dog. If the Hearing Authority has deemed the dog a nuisance dog, it may order the owner or keeper of the dog to take remedial action to ameliorate the cause of the nuisance behavior.

b. Dangerous dog. If the Hearing Authority has deemed the dog a dangerous dog, it may order one or more of the following remedies:

(i) that the dog be humanely restrained, but no order shall require a dog to be chained or tethered to an inanimate object such as a tree, post, or building;

(ii) that the dog be confined to the premises of the owner or keeper, meaning securely confined indoors or confined outdoors in a securely enclosed pen or dog run area that has a secure roof, has either a floor secured to all sides or is embedded into the ground for at least two feet, and provides the dog with proper shelter from the elements;

(iii) when removed from the premises of the owner or keeper, the dog be securely and humanely muzzled and restrained with a tethering device with a maximum length of three feet and a minimum tensile strength of three hundred pounds;

(iv) that the owner or keeper provide (i) proof of insurance of at least $100,000 insuring the owner or keeper against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from the intentional or unintentional acts of the dog; or (ii) proof that reasonable efforts were made to obtain such insurance;

(v) that the owner or keeper provide to the Town Clerk, the Animal Control Officer, or other entity as directed with identifying information for the dog including but not limited to photographs, videos, veterinary records, tattooing, microchip implantations, or a combination of these;

(vi) that the dog be altered so as not to be reproductively intact, unless the owner or keeper provides evidence of a veterinary opinion that the dog is medically unfit for such alteration; or

(vii) that the dog be humanely euthanized.

c. Restrictions following dangerousness finding.

(i) No dog that has been deemed dangerous shall be ordered removed from the Town.

(ii) No person over the age of 17 who has actual knowledge that a dog has been deemed dangerous under this Bylaw shall permit a child under the age of 17 to own, possess, or have care or custody of that dog.

(iii) No person shall transfer ownership or possession of a dog that been deemed dangerous under this Bylaw or offer such dog for sale or breeding without informing the recipient of the dog of the finding of dangerousness.

(iv) If, subsequent to a determination by a Hearing Authority or reviewing court that a dog is dangerous, such dog wounds a person or worries, wounds, or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort for treble damages.

5. Appeal. Within ten days of the issuance of any order under this section, the owner or keeper of the affected dog may bring a petition for judicial review in the district court for the judicial district in which the kennel is located, which shall consider the petition in accordance with Section 157 of Chapter 140 of the General Laws.

6. Impoundment Pending Appeal.

a. Order of impoundment. Pending an appeal, the Hearing Authority may petition the district court for an order to impound the dog at a shelter facility used by the Town. Failure to request such impoundment will not result in liability for the Town, the Hearing Authority, or any of its agents. The district court shall consider this petition in accordance with Section 157 of Chapter 140 of the General Laws.

b. Costs of impoundment.

(i) If the district court affirms the Hearing Authority’s order of euthanasia, the owner or keeper shall reimburse the Town for all reasonable costs incurred for the housing and care of the dog during the period of impoundment. The Town may recover unpaid charges by any of the following methods:

(a) a lien on any real property owned by the owner or keeper of the dog; (b) an additional, earmarked charge on the vehicle excise of the owner or keeper of the dog; or (c) a direct bill sent to the owner or keeper of the dog.

(ii) If the district court reverses the Hearing Authority’s order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and care of the dog during the period of impoundment.

7. Penalties.

a. Seizure/impoundment. If an owner or a keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. If it is the keeper in violation, all reasonable efforts shall be made to notify the owner of such seizure and impoundment and the owner may, within seven days, petition the Hearing Authority for return of the dog.

b. Capture/euthanasia. A dog found to be in violation of a Hearing Authority order or district court issued under this section may be captured or detained by a police officer, animal control officer, or constable. In the case of a threat to public safety or of the dog is living in a wild state, the police officer, animal control officer, or constable may euthanize it humanely.

c. Fines/imprisonment. A dog owner or keeper who fails to comply with an order of a Hearing Authority or the district court issued under this section shall be punished by a fine of not more than $500 or imprisonment in a jail or house of correction for not more than 60 days, or both for a first offense or by a fine of not more than $1,000 or imprisonment in a jail or house of correction for not more than 90 days, or both for a second or subsequent offense.

d. Future licensure. Any owner or keeper who fails to comply with an order of a Hearing Authority or the district court issued under this section shall be prohibited from licensing a dog within the Commonwealth for five years.

C. Chaining or Tethering Dogs and Humane Conditions
(ART. 10, ATM – 04/23/18)
1. No person owning or keeping a dog shall chain or tether a dog to a stationary object including, but not limited to, a structure, dog house, pole or tree for longer than 5 hours in a 24-hour period or outside from 10:00 p.m. to 6:00 a.m. unless the tethering is not for more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper.. A tethering so employed shall not allow the dog to leave the owner’s, guardian’s or keeper’s property. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used.
No chain or tether shall weigh more than 1/8 of the dog’s body weight. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash. No dog under the age of 6 months shall be tethered outside for any length of time.
2. A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section, through the use of any of the following methods:
a. inside a pen or secure enclosure, if the following conditions are met:
(i) the pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement;
(ii) the pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all 4 sides enclosed; and
(iii) the minimum height of the fence shall be adequate to successfully confine the dog;
b. a fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the ability to run but is unable to leave the enclosed yard; or
c. a trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:
(i) only 1 dog shall be tethered to each cable run;
(ii) the tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog's throat through which 2 adult fingers may fit; provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;
(iii) there shall be a swivel on at least 1 end of the tether to minimize tangling of the tether;
(iv) the tether and cable run must each be at least 10 feet in length. The cable must be mounted at least 4 feet but not more than 7 feet above ground level; and
(v) the length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described herein; provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner’s, guardian’s or keeper’s property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals.
3. A person owning or keeping a dog confined outside in accordance with this section shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least 3 sides, roofed and have a solid floor.
The entrance to the shelter shall be flexible to allow the dog's entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog’s body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.
4. No person owning or keeping a dog shall leave a dog chained or tethered outside for longer than 5 hours in a 24-hour period or outside from 10:00 p.m. to 6:00 a.m. unless the tethering is not for more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper.
5. Exceptions to the above restrictions on outdoor confinement shall be made for dogs actively engaged in conduct directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
6. No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane chaining or tethering at any time. For the purposes of this subsection, “cruel conditions and inhumane chaining or tethering” shall include, but not be limited to, the following conditions:
a. filthy and dirty confinement conditions including, but not limited to, exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog's physical or emotional health;
b. taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog; and
c. subjecting a dog to dangerous conditions, including attacks by other animals.
d. leaving a dog outside when a weather advisory, warning or watch is issued by a local, state or federal authority or when outside environmental conditions including, but not limited to, extreme heat cold, wind, rain, snow or hail pose and adverse risk to the health or safety of the dog, unless tether is for not more than 15 minutes; and
7. No person shall confine an animal in a motor vehicle in a manner that could reasonably be expected to threaten the health of the animal due to exposure to extreme heat or cold.
a. After making reasonable efforts to locate a motor vehicles owner, an animal control officer, law enforcement officer or fire fighter may enter a motor vehicle by any reasonable means to protect the health and safety of an animal. Such personnel shall leave written notice is a secure and conspicuous location on or in the motor vehicle bearing the officer’s or fire fighter’s name and title and the address of the location where the animal may be retrieved. The owner may retrieve the animal only after pavement of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.
b. An animal control officer, law enforcement officer or fire fighter who removes or otherwise retrieves an animal from a motor vehicle under subsection (a), and the Town shall be immune from criminal or civil liability that might otherwise result from removal.
8. A person who violates this sections 1 through 6 above shall, for a first offense, be issued a written warning or punished by a fine $50, for a second offense, be punished by a fine of $200 and for a third or subsequent offense, be punished by a fine of $300, and be subject to impoundment of the dog in a local shelter at the owner’s or guardian’s expense pending compliance with this section, or loss of ownership of the dog.
A person who violates section “7” above shall, for the first offense be punished by a fine of $150, for a second offense, be punished by a fine of $300, and for a third and each subsequent offense, by a fine of $300, and may be subject to prosecution under G.L. c. 272 section 77.

Section 2. Leashing of Dogs

(ART. 10, ATM – 04/28/03)
(ART. 27, ATM – 05/05/04)
(ART. 36, ATM – 05/12/10)
(ART. 19, ATM – 04/27/11)
(ART. 13, ATM – 04/29/13)

A. Leash Required No person owning or keeping a dog in the Town of Arlington shall permit such dog to be at large in the Town of Arlington elsewhere than on the premises of the owner or keeper, except if it be on the premises of another person with the knowledge and permission of such other person.

Such owner or keeper of a dog in the Town of Arlington, which is not on the premises of the owner or upon the premises of another person with the knowledge and permission of such person shall restrain such dog by a chain or leash not exceeding six feet in length.

In any prosecution hereunder, the presence of such dog at large upon premises other than the premises of the owner or keeper of such dog shall be prima facie evidence that such knowledge and permission was not had.

This provision shall not apply, however, in any area designated by the Board of Parks and Recreation Commissioners as a “Dog Park”, “Dog Run” or “Dog Exercise Area”.

In areas so designated, dogs are not required to be restrained by a leash provided the owner or keeper of such dog is present and attentive to the dog. The Board of Parks and Recreation Commissioners may designate a dog park, dog run, or dog exercise area only if same is enclosed by appropriate fencing to preclude the escape of any dog into any other area of the park or playground not so designated as a dog park, dog run, or dog exercise area.

B. Enforcement Any dog found to be at large in violation of this By-Law shall be caught and confined by the dog officer who shall notify forthwith the licensed owner or keeper of said dog giving the owner or keeper a period of seven days within which to recover the dog.

Return of the dog to the licensed owner or keeper shall be dependent on admission of ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper.

The dog officer shall enter and prosecute a complaint against the owner or keeper of any dog taken into the officers’ custody under this section, as provided for in this By-Law.

A dog officer having custody of a dog confined under this By-Law shall be allowed the sum of forty dollars per day for each day of confinement for the care of such dog, payable by the owner or keeper thereof.

C. Fines (ART. 40, ATM – 05/08/91 (ART. 17, ATM – 04/26/06)
(ART. 19, ATM – 04/27/11)

Violations of Sections 2 of this Article shall be punishable as
follows:

First offense By a fine of $ 75.00
Second offense By a fine of $100.00
Third offense By a fine of $150.00
Fourth and each subsequent offense By a fine of $200.00

The Park and Recreation Commission shall provide for a hearing process to consider community input regarding the creation, placement and use of dog parks, dog runs or dog exercise areas. The Commission shall adopt rules and regulations concerning these hearings subject to the approval of the Town Manager.

D. Notwithstanding the foregoing, from park opening time until 9 am, a maximum of two dogs per handler may be off-leash, under effective owner control, in all lands under control of the Parks and Recreation Commission except:

1. those lands directly contiguous to school properties;
2. within 15 feet of playground equipment;
3. by specific exclusion of the Parks and Recreation Commission.

Section 3. No Fouling of Sidewalks, Etc.

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 their 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 their dog on any private property neither owned nor occupied by said person.

B. Duty to Possess Means of Removal No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog.

Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.

C. Method of Removal and Disposal For the purposes of this regulation, the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public.

Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of canine feces, or as otherwise designated as appropriate by the Board of Health.

D. Fines (ART. 40, ATM – 05/08/91)
Violation of Section 3 of this Article shall be punishable
as follows:
First offense By a fine of $ 75.00
Second offense By a fine of $100.00
Third and each subsequent offense By a fine of $150.00

E. Exemption This regulation shall not apply to a dog accompanying any handicapped person who, by reason of their handicap, is physically unable to comply with the requirements of this By-Law, or to any individual who utilizes a guide dog.

F. Severability The provisions of this section are severable; and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Section 4. Licensing

(ART. 25, ATM – 04/27/88)
(ART. 23, ATM – 05/04/2009)
(ART. 13 -04/29/13)

A. Licensing Requirement.

1. License required. The owner or keeper of any dog over the age of six months kept in the Town of Arlington shall obtain a license for the dog from the Town Clerk.

2. Annual renewal. Licenses issued under this section shall be renewed on an annual basis in accordance with procedures to be determined by the Town Clerk.

3. Transfer. Within 30 days of moving into the Town within a licensing period, the owner or keeper of a dog must apply to the Town Clerk to transfer the dog’s license. The Town Clerk shall issue a transfer license for a fee and in accordance with procedures that the Town Clerk shall determine.

B. Conditions.

1. Rabies vaccination. The Town Clerk shall not grant a license unless (i) the license applicant provides a veterinarian’s certification or notarized letter that the dog has been vaccinated against rabies; or (ii) the dog is exempted from the vaccination requirement by the Town of Arlington Board of Health or the Town Clerk in accordance with Section 145B of Chapter 140 of the General Laws.

2. Control. Any license granted under this section is granted on the condition that the licensed dog shall be controlled and restrained from killing, chasing, or harassing livestock or fowl.

3. Previous conviction of animal cruelty. Town Clerk shall not grant a license under this section or Section 5, below, to an applicant who has been convicted of one or more of the offenses set forth in Section 137D of Chapter 140 of the General Laws within the preceding five years.

C. License Forms.

1. Symptoms of rabies. Every license issued to the owner of a dog shall have a description of the symptoms of rabies printed thereon, as supplied by the state Department of Public Health.

2. Description of dog. The owner of a dog to be licensed under this section may add to the license application form up to ten descriptive words indicating the dog’s color, breed, weight, or any special markings.

D. Tags.

1. Issuance. Along with the license, the Town Clerk shall issue a durable tag inscribed with the license number, designation of the Town of Arlington, and the year of issue.

2. Affixed to dog. The owner or keeper of the licensed dog shall keep a collar or harness of leather or other suitable material affixed around the dog’s neck or body to which the tag shall be securely attached.

3. Lost tags. If the tag is lost or destroyed, the owner or keeper shall immediately secure a substitute tag from the Town Clerk for a fee to be determined by the Town Clerk.

E. Exemptions. The requirements of this section shall not apply:

(1) to a person to whom the applicable kennel license has been issued under this Bylaw and remains in force; or (2) to a dog housed in a research institution.

F. Fees. (ART. 10, ATM – 04/23/18)

1. Annual license fees. The annual license fees are as follows:

a. female: $20
b. spayed female: $15
c. male: $20
d. neutered male: $15

To be charged the lower fee for licensing a spayed or neutered dog, the license applicant must provide proof of spay or neuter in the form of either: (a) a certificate from the veterinarian who spayed or neutered the dog; (b) a veterinary bill for performing the procedure; or (c) a statement signed under the penalties of perjury by a veterinarian registered and practicing in the Commonwealth describing the dog and stating that the veterinarian has examined the dog and that the dog appears to be spayed or neutered and therefore incapable of propagation.

2. Failure to comply; penalties.

a. Penalty for failure to comply with licensing requirements.

Failure to comply with this section shall be punishable by a fine of $50.

b. Additional late fees.

Failure to comply with this section within the first Thursday following 45 business days of the date that the licensing or re-licensing obligation arises shall be punishable by a fine of $50. An additional $50 fine shall be applied where owners fail to register a dog for an entire calendar year, due upon registration the following calendar year. These late fees shall be in addition to any other applicable penalty provided for in this Bylaw.

3. Waiver of fees.

a. Service animal.
No fee shall be charged for the licensure of a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder.

b. Owner aged 70 and over.

If the Town so votes in accordance with Section 139(c) of Chapter 140 of the General Laws, no fee shall be charged for the licensure of a dog owned by a person aged 70 years and older.

4. No refund of fees. No license fee paid under this section shall be refunded, in whole or in part, due to mistake or due to the subsequent death, loss, spay or neuter, removal from the Town or the Commonwealth, or other disposal of the licensed dog.”; and

Section 5. Kennels

(ART. 13 -04/29/13)
A. Personal Kennel (Kennel A)

1. License optional (Kennel A-1). An owner or keeper of four or fewer dogs, three months or older, may elect to secure a Personal Kennel License from the Town Clerk rather than licensing each dog under Section 4, above.

2. License mandatory (Kennel A-2). An owner or keeper of five or more dogs, three months or older, must secure a Personal Kennel License from the Town Clerk or other type of kennel license as may be applicable under this section.

3. Definition. A Personal Kennel is a pack or collection of five or more dogs (or fewer dogs, as in the case of a License-Optional Personal Kennel (Kennel A-1) as defined above at Section 5.A.1), three months or older, owned or kept under single ownership for private personal purposes.

4. Breeding. Breeding of dogs owned or kept under a Personal Kennel License may be done only for the purpose of improving, exhibiting, or showing the breed; for legal sporting activity; or for other personal reasons.

5. Sales allowed. Dogs bred at a Personal Kennel may be sold, traded, bartered, or otherwise distributed only by private sale to other breeders or individuals and not to wholesalers, brokers, or pet shops.

6. Sales prohibited, restricted. No holder of a Personal Kennel License may sell, trade, barter, or otherwise distribute any dog not bred from a personally owned dog, except dogs temporarily housed at a Personal Kennel in conjunction with an animal shelter or rescue program registered with the state Department of Agricultural Resources if the sale, trade, barter, or other distribution is not for profit.

B. Other Types of Kennels.

1. Commercial Boarding or Training Kennel (Kennel B) is an establishment used for boarding, holding, day care, overnight stays, or training of animals that are not the property of the owner of the establishment where such services are rendered for a fee or other consideration and generally rendered in the absence of the owner of the animal. A “Commercial Boarding or Training Kennel” shall not include an animal shelter or animal control facility, a pet shop licensed by the state Director of Animal Health, a grooming facility operated solely for the purpose of grooming animals and not for overnight boarding, or an individual who temporarily and not in the normal course of business boards or otherwise cares for animals owned by others.

2. Commercial Breeder Kennel (Kennel C) is an establishment, other than a Personal Kennel, engaged in the business of breeding animals for sale or exchange to wholesalers, brokers, or pet shops for a fee or other consideration.

3. Domestic Charitable Corporation Kennel (Kennel D) is a facility operated, owned, or maintained by a domestic charitable corporation registered with the state Department of Agricultural Resources or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, including a veterinary hospital or clinic operated by or under the supervision of a licensed veterinarian that operates consistent with such purposes while providing veterinary treatment and care.

4. Veterinary Kennel (Kennel E) is a veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment and care; a “Veterinary Kennel” shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary case.

C. License Requirements

1. License required. A person or entity maintaining any type of kennel listed in this section (except a License-Optional Personal Kennel (Kennel A-1) as defined above at Section 5.A.1) shall obtain the appropriate kennel license from the Town Clerk and in accordance with procedures that the Town Clerk shall determine.

2. Renewal. Licenses issued under this section shall be renewed periodically in accordance with a schedule and procedures to be determined by the Town Clerk.

3. License fees, calculation, and exemption. The fees for licenses issued under this section will be established by the Town Clerk. For purposes of calculating kennel license fees, only dogs over the age of six months shall be counted in the total number of dogs kept in a kennel. No kennel license fee shall be charged to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect, abuse, or suffering.

4. Licensing inspection. No kennel license shall be issued or renewed until a kennel has passed inspection by the Town Animal Control Officer or designee.

5. Failure to comply, penalty. Failure to comply with the licensing requirements of this section shall be punishable by a fine of $50.

D. Kennel Operation.

1. Standards. Kennels must be operated and maintained in a sanitary and humane manner.

2. Records. The name and address of the owner of each dog kept in a kennel, other than dogs belonging to the person maintaining the kennel, shall be kept at the kennel and available for inspection at any time.

3. Kennel tags. A holder of a kennel license shall cause each dog kept in its kennel to wear, while in the kennel, a collar or harness of suitable material to which a tag shall be securely attached. This tag shall be inscribed with the number of the kennel license, name of the Town of Arlington, and year of issue. Such tags shall be issued by the Town Clerk in such number as the number of dogs kept in the kennel.

4. Inspections. The Select Board, the Chief of Police, the Animal Control Officer or the agent of any of these (“Inspecting Authority”) may inspect any kennel at any time for compliance with the above requirements.

5. License suspension, revocation. If the Inspecting Authority determines that the kennel is not being maintained in a sanitary or humane manner or if records are not properly kept, the Inspecting Authority may revoke or suspend the kennel license.

E. Citizen Complaints.

1. Filing. Twenty-five citizens of the Town may file a petition with the Select Board stating that they are aggrieved or annoyed to an unreasonable extent due to excessive barking or other conditions associated with a kennel.

2. Hearing. Within seven days of the filing of such petition, the Select Board shall give notice to all interested parties of a public hearing concerning the petition to be held within fourteen days after the date of the notice.

3. Investigation. At the hearing, the Select Board may cause an investigation of the kennel that is the subject of the petition or take such other action as it deems prudent.

4. Disposition. Following the public hearing and any investigation or other proceedings, the Select Board may suspend or revoke the kennel license, may take other such action to regulate the kennel that it deems prudent, or may dismiss the petition. The Select Board shall cause written notice of any order issued under this section to be mailed immediately to the holder of the kennel license and the Town Clerk.

5. Appeal. Within ten days of the issuance of any order under this paragraph, the holder of the affected license may bring a petition for judicial review in the district court for the judicial district in which the kennel is located, which shall consider the petition in accordance with Section 137C of Chapter 140 of the General Laws.

6. Penalties. A person maintaining a kennel after revocation or during suspension of a license under this section shall be punished by a fine of $250.”

Section 6. Non-Criminal Disposition

(ART. 40, ATM – 05/08/91)

Enforcement of Title VIII, Article 2, Sections 2 and 3, of the bylaws may, in the first instance, be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a non-criminal disposition.

The enforcing persons shall be any police officer of the Town, any employee of the Board of Health, or any Animal Control Officer of the Town.

ARTICLE 3
PUBLIC HEALTH REGULATIONS

(ART. 45, ATM – 05/12/97)

Section 1. Sewer Connection Requirement

Every building hereafter erected on a public street, court or passageway in this Town, in which there is a public sewer, shall unless otherwise ordered by the Board of Health, be required to be connected by a good and sufficient particular drain with said sewer.

Section 2. Privy Vault

No permanent privy vault or cesspool shall hereafter be constructed in this Town without a permit from, and in accordance with the rules and regulations of the Board of Health.

Section 3. Refuse Disposal

No person shall throw or put into or upon any public or private way, public enclosure or grounds, bodies of water, streams or brooks in this Town any decayed animal or vegetable matter, waste material of any kind, or other refuse whatever. Any person violating this section shall for each offense, be punished by a fine of twenty-five ($25) dollars for the first offense; and fifty (50) dollars for each additional offense.

Section 4. Disinfection of Rooms

Upon the death, removal or recovery of a person ill with any communicable disease, the immediate family of such, or if in a lodging or boarding house, the proprietor thereof shall cause the room or rooms occupied by such person to be disinfected in a manner satisfactory to, and in accordance with the rules and regulations of the Board of Health.

(ART. 17, ATM – 05/04/2009) – DELETION OF SECTION 5, RABIES VACCINATION CLINIC
REMAINING SECTIONS WERE
RENUMBERED

Section 5. Removal of Paint Regulated

(ART. 19, ATM – 04/28/10)
A permit is required for removal of paint by abrasive blasting, which shall include machine sanding, from any interior or exterior surface of any structure within the Town of Arlington. Such permits shall be granted in writing by the Board of Health only in accordance with the Town of Arlington Board of Health Rules and Regulations for Paint Removal. Violations of this section shall be punishable by a fine of $50 for the first offense and $200 for any subsequent offense. This section may be enforced by non-criminal disposition in accordance with
G.L. c. 40, § 21D.

Section 6. Enforcement of Regulations

(ART. 47, ATM – 05/14/97)
Any regulations promulgated by the Board of Health may in the first instance be enforced by the non-criminal disposition procedure pursuant to the provisions of 21D of M.G.L. c.40. The enforcement person shall be any duly constituted agent of the Board of Health who shall be a Town employee.

Section 7. Revocation of Permits and Licenses

(ART. 48, ATM – 05/14/97)
The Board of Health is hereby authorized to suspend or revoke any license or permit it issues for good cause shown after a hearing.

Section 8. Prohibition of Products Containing Mercury

(ART. 31, ATM – 05/09/01)
The sale in the Town of devices or products containing mercury, with the exception of fluorescent bulbs, special purpose batteries and medical and dental devices as used by professional medical and dental personnel in medical and dental facilities is hereby prohibited.

ARTICLE 4
VEHICLES - RECREATION

(ART. 24, ATM – 05/05/04)

Section 1. Definitions

“Recreational Vehicle”, shall include the following types of registered or unregistered vehicles: motorized scooters, motorized skateboards, snowmobiles, all-terrain vehicles, go-carts, minibikes, and similarly styled vehicles.

“Motorized Scooter”, any multi-wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion.

“Motorized Skateboard”, any four or eight-wheeled device that is designed to be stood or sat upon by the operator, which may or may not have an upright handlebar for steering, which is powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion.

“Way”, any public highway or private way laid out under authority of Massachusetts General Laws dedicated to public use, including but not limited to Town streets and sidewalks, or any area under the control of the Town of Arlington, Arlington School Department, or Redevelopment Board or body having like powers, including but not limited to school grounds, parks, playgrounds, and parking lots and cemeteries.

Section 2. Recreational Vehicles; Operation Regulations:

No recreational vehicle shall be operated upon any way in the Town of Arlington by any person under sixteen (16) years of age, nor at a speed in excess of twenty-five (25) miles per hour by any person. No recreational vehicle shall be operated upon any way by any person not possessing a valid operator’s license pursuant to General Laws Chapter 90 Section 8B, or by permit or license given by reciprocity to nonresidents under General Laws Chapter 90 Section 3 and Section 10.

Section 3. Exemptions:

The following recreational vehicles shall be exempt from the provisions of this By-Law:
(a) Recreational Vehicles licensed by the Commonwealth of Massachusetts as Motor Vehicles,
(b) Recreational Vehicles used by handicapped persons,
(c) Equipment used for landscaping and snow removal,
(d) Recreational Vehicles used by any governmental agency, and
(e) Recreational Vehicles used during any declared emergency when authorized by the Chief of Police.

Section 4. Violations and Penalties:

Whoever violates the provisions of the By-Laws shall be punished by a fine of $100.00 for the first offense, and $200.00 for the second offense, and $300.00 for the third and each subsequent offense.

Any Recreational Vehicle being operated by a person under the age of sixteen (16) years may be confiscated by the Arlington Police Department and held at the Arlington Police Station until retrieved by a parent or guardian.

Section 5. Enforcement:

The Arlington Police shall enforce the provisions of this By-Law.

ARTICLE 5
GRAFFITI AND VANDALISM

(ART. 14, ATM – 05/14/07)

Section 1 Purpose and Intent

Vandalism and the existence of graffiti within the Town are considered a public and private nuisance.

The purpose of this bylaw is to protect public and private property from acts of vandalism and defacement, which is specifically intended to include the application of graffiti on such property.

Vandalism and graffiti affects the quality of life of residents, the rights and values of property owners, and the entire Arlington community; therefore, this bylaw shall be strictly enforced. For the purposes of this bylaw, graffiti is intended to mean the intentional painting, marking, scratching, etching, coloring, tagging, or other defacement of any public or private property without the prior written consent of the owner of such property.

Section 2 Prohibited Conduct

Whoever intentionally, willfully, maliciously, or wantonly destroys, defaces, mars, injures or applies graffiti to the real or personal property of another including, but not limited to, any part of any public or private building, appurtenance to such building, or any monument, tablet, statue, or other object erected to mark a public place or to commemorate an historic event or figure, or any equipment, apparatus or fixture located on or comprising public property, or any fence, wall, post, traffic signaling device or pole, awning, or any other structure, shall, upon conviction, be punished by the maximum criminal fine allowed by state law, and in addition, shall forfeit to the property owner the reasonable cost of repairing, replacing, removing or obliterating such defacement, graffiti or act of vandalism.

In addition such person shall be subject to a civil fine of two hundred dollars ($200.00) which may be disposed in the first instance by the non-criminal disposition procedure provided in Title IX of the by-laws.

Section 3 Enforcement

Upon determining that graffiti exists on any private or other non-Town owned property and that such graffiti can be viewed from a public place within the Town, the Chief of Police, or their designee, shall mail or deliver a notice to the owner of the property on which the graffiti exists advising the owner that the graffiti must be removed within three business days.

In the case of graffiti on private property, the property owner shall, within three business days of delivery of the notice, either remove the graffiti or submit a written request to the Director of Public Works along with a release requesting the Town to enter the property and assist in removing the graffiti.

Upon receipt of the property owner’s written request and release, the Director of Public Works, or the Director’s designee, shall determine whether the Town can effectively assist in removal of the graffiti and if so, what procedures it can employ to facilitate such removal. If the Town assists in the removal of such graffiti, the Town shall charge the property owner a fee in the amount of the actual cost of removal.

Failure to remove the graffiti or make such request within three business days shall subject such owner to the provisions of G. L. c. 40, s. 21D and Article 2 of Title IX Enforcement and Fees of these bylaws with a fine of fifty dollars ($50.00) per day each and every day to be considered a separate offense. Any fee charged by the Town for the cost of graffiti removal under this section remaining unpaid after sixty days of notice of such charge shall be subject to the provisions of G.L. c. 40, s. 58.

ARTICLE 6
MOBILE FOOD VENDORS

(ART. 14, ATM – 05/04/09)

Definitions. “Mobile food vendor,” a mobile operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption either on or off premises, regardless of whether there is a charge for the food.

Permits. No one may operate as a Mobile Food Vendor within the Town without a permit from the Arlington Board of Health.
Any person applying for a permit must be duly licensed to operate a motor vehicle in the Commonwealth of Massachusetts or duly licensed in the state in which they reside. The operator of the vehicle must provide a valid State Hawker’s license issued by the Commonwealth of Massachusetts before a Permit to Operate a Mobile Food Vehicle will be issued.

Vehicles. Mobile food vendor operations shall have identification, such as person’s name and/or business name, city and telephone number in letters not smaller than three inches, on the left and right door panels of the vehicle or on the left and right sides of the trailer.

Any hawker who sells frozen desserts from a motor vehicle must equip said vehicle with a flashing amber dome light and front and rear warning lights which shall flash alternately and which shall be kept flashing when such vehicle is stopped for the purpose of selling frozen desserts, in accordance with Chapter 101, section 16A, of the Massachusetts General Laws.

Operation. Mobile Food Vendors operating within the Town may not:

(1) stand in one place in any public place or street for more than ten minutes unless actively vending;
(2) vend within 150 feet of any school between the hours of 8:00AM and 3:00PM on school days during the school year;
(3) stop or remain on any crosswalk;
(4) park or remain within fifteen feet of any intersection;
(5) vend in the parking lot of the Arlington Reservoir (bathing beach) located on Lowell Street at any time;
(6) drive in reverse in order to make or attempt a sale; or
(7) vend after 8:00PM or sunset, whichever is later, except or sporting events at illuminated Town fields.

ARTICLE 7
PUBLIC CONSUMPTION OF MARIHUANA
OR TETRAHYDROCANNABINOL

(ART. 16, ATM – 05/04/09)
(ART. 16, ATM – 04/28/10)

Section 1.

No Public Consumption. No person shall smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol (as defined in General Laws Chapter 94C, Section 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under control of the Town, or in or upon any bus or other passenger conveyance operated by a common carrier within the Town, or in any place accessible to the public within the Town.

Section 2.

Violation and Penalties. Violation of Section 1 is punishable by a fine of $300, enforceable through criminal indictment or complaint under General Laws Chapter 40, Section 21 or by non-criminal disposition under General Laws Chapter 40, Section 21D. Any penalty imposed under this Bylaw shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.

ARTICLE 8
KEEPING OF HENS/POULTRY

(ART.12, ATM – 05/06/09)

SECTION 1. Purpose

a. The purpose of this bylaw is to regulate the keeping of hens for the purposes of pets, home egg production, gardening, or similar purposes. This bylaw details the obligations of the hen keeper so as to prevent a nuisance to surrounding lots or any public health concerns, as well as the permit issuing process.

SECTION 2. Definitions

a. Hen – a female chicken. “Chicken” may also be used to refer to hens.
b. Henhouse or coop – a structure designed to house chickens.
c. Pen or run – a completely enclosed outdoor area designed to allow chickens access to the outdoors while providing protection from predators.
d. Predator – any creature that would seek to harm or consume chickens.
e. Pests – any unwanted animal that would seek access to chicken feed, such as mice or rats.

SECTION 3. Nuisance Control

a. Noise.
i. No roosters (male chickens) are permitted.
ii. The number of hens shall be limited to 6.
iii. Perceptible noise from chickens at the property boundary must conform to all existing noise bylaws.
b. Odor.
i. Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
ii. If possible, waste must be composted with carbonaceous material such as hay, bedding, or leaves. If the weather is too cold, or composting is otherwise not possible, waste must be stored in a sealed container until disposal.
iii. Weekly cleaning of henhouses is required, more frequent cleanings may be required as needed to prevent odor.
iv. The henhouse and attached pen must conform to all relevant property setbacks for accessory structures as specified in sections 6.18 and 8.23 of the zoning bylaws.
c. Other
i. All chickens shall be confined to the permit holder’s property at all times to prevent wandering and straying onto other properties.

SECTION 4. Predator and Pest Control.

a. Chicken feed must be stored securely in a rodent-proof container.
b. Chicken feed leftover from feeding may not remain past dusk in an area accessible to rodents or other pests.
c. Henhouse construction
i. Henhouse and attached pen must be constructed securely so as to exclude predators.
ii. The pen must be completely enclosed, including aviary netting or other predator-proof material across the top of the pen.
iii. Henhouse and food sources must be constructed and stored so as to exclude pests.

d. Necessary measures must be taken to prevent a buildup of pest or rodent populations due to the presence of hens on the property.

SECTION 5. Health & Disease Concerns

a. Hens must be enclosed and segregated from wild migratory fowl. They may only be allowed out of the enclosure into a securely fenced area when supervised.
b. All henhouses shall be located not less than 200 feet from the high water mark of any known source of drinking water supply or any tributary thereof, and not less than 50 feet from any well.
c. The Board of Health or its agent may order the removal of the chickens upon a determination that the chickens pose a health risk.
d. Chickens may not be slaughtered on a residential property within the border of the Town of Arlington.
e. If a chicken dies, it must be disposed of promptly in a sanitary manner.

SECTION 6. Humane Treatment

a. Chickens must be treated in a humane manner at all times, including access to fresh food, water and protection from the elements as needed.
b. Chickens shall not be subject to debeaking or forced moulting.
c. The henhouse must have a minimum interior floor surface of at least 2 square feet per bird.
d. A pen area is required and must have a minimum ground surface of at least 5 square feet per bird.

SECTION 7. Regulation and Permit Process

a. No person shall keep hens within the limits of the Town of Arlington, in any building, or on any premises of which such person is the owner, lessee, tenant or occupant, without first obtaining an annual permit from the Board of Health.

b. In order to receive a permit the following must be completed:
i. A completed application form provided by the Board of Health;
ii. A submitted plan drawn to scale which includes the following information: Size of entire lot with existing structures as well as the henhouse and pen, including fences; distance of henhouse and pen from all abutters;
iii. A submitted written maintenance plan describing cleaning schedule, pest and predator control measures, and nuisance prevention measures.
iv. Verification that all abutters have been notified, not more than thirty(30 but no less than fourteen (14) days in advance of the hearing before the Board or its Agent, of the applicant’s intent. Such verification shall be in the form of a signed letter or receipt from the U.S. Post Office that a certified letter has been received by each abutter.
v. If the property where the hens are to be located is owned by multiple owners, written statements signed by all property owners granting permission.

c. Action by Health Department on Initial Permit
i. Upon receipt of a completed application as defined above, the Board or its Agent shall inspect the property;
ii. The Board or its Agent shall provide a hearing for the applicant to speak regarding their application, and for abutters to express any concerns, questions, support or opposition to the application. The Board or its Agent may require the applicant to furnish additional information needed to make a determination whether to grant the permit.
iii. The Board or its Agent(s) shall act on the completed application. Notice of the Board’s or its Agent(s)’ decision shall be mailed to the applicant within seven (7) working days of the decision and will include any conditions imposed by the Board or its Agent(s);
iv. If the permit is issued, it shall be issued to the owner of the property or the tenant of the property with the written permission of the property owners. If permission from the property owners is rescinded, the permit shall be valid until the end of its annual renewal period; and
v. The issuance of such permit does not in any way relieve the permitee of the necessity to comply with other laws and regulations concerning zoning and construction. A henhouse and attached pen is considered an accessory structure similar to a greenhouse for zoning purposes.

d. An initial inspection fee or an annual renewal fee for a permit shall be set by the Town Manager in consultation with the Board of Health. The appropriate fee shall be paid at the time the application is submitted for review. The fee shall not exceed the expected cost of processing the application.

e. Fines may be charged for re-inspection or violations of this article, to cover the cost of any personnel time or expense. The amount of any fines may be set by the Board of Health; the amount of such fines shall be publicly known in a manner that is customary and consistent with other Board of Health processes.

Any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to revoke the permit, and remove the chickens and the chicken-related structures.

SECTION 8. Severability

a. The provisions of this section are severable; and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

ARTICLE 9
PLASTIC BAG REDUCTION

(ART.17, ATM – 04/26/17)

SECTION 1. Purpose and Intent

The reduction in the use of disposable single-use plastic shopping bags by retail establishments in the Town of Arlington (“Town”) is a public purpose that has
positive impacts on the environment, including, but not limited to: protecting the marine environment, reducing solid waste and unnecessary strains on recycling resources, minimizing litter, reducing the Town's carbon footprint, and protection local water ways.

The purpose of this bylaw is to reduce the number of single-use plastic bags provided by all retail establishments in the Town by banning, after a reasonable phase-in period, the distribution of single-use bags provided at checkout.

SECTION 2. Definitions

A. Checkout Bag: A carry-out bag provided by a retail establishment to a customer at the point of sale. Checkout bags shall not include:

(1) Bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or checkout area of the retail establishments;

(2) Laundry or dry cleaner bags;

(3) Newspaper bags; or

(4) Bags used to contain or wrap frozen goods, meat or fish, whether
prepackaged or not, to prevent leakage or contain moisture.

B. Department: The Arlington Department of Health and Human services

C. Director: The Director of Health and Human services

D. Disposable, Single-Use Plastic Shopping Bag: Any checkout bag made predominately of plastic derived from either petroleum, natural gas, or a biologically based source, such as corn or other plan sources, which is provided to a customer at the point of sale. The term, "disposable single-use plastic shopping bat" includes:

(1) Degradable plastic bags/ and

(2) Biodegradable plastic bags that are not commercially compostable as well as commercially compostable plastic bags.

The term "disposable single-use plastic shopping bag" shall not include:

(1) Reusable bags;

(2) Produce bags; or

(3) Product bags.

As used in this definition, the terms, "produce bag" or "product bag" mean
any bag without handles used exclusively to carry produce, meats or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

E. Reusable Bag: A sewn bag with stitched handles that is: specifically designed and manufactured for multiple reuse; manufactured from polyester, polypropylene, cotton or other durable material excluding polyethylene or polyvinyl chloride; and which also meets the following requirements.

(1) Can carry at least 25 pounds over a distance of 300 feet;
(2) Is machine washable or is made of a material that can be cleaned or disinfected at least 125 times; and
(3) Is at least 4 mils (4/1000 inch) thick.

F. Recyclable Paper Bag: A paper bag that is 100 percent recyclable and contains at least 40 percent post-consumer recycled content, and displays the words "Recyclable" and "made from [at least] 40% post-consumer recyclable content" in a visible manner on the outside of the bag

G. Retail Establishment: Any commercial enterprise, whether for or not-for- profit, including, but not limited to the following: restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, household goods stores and any other business that offers the sale and display of merchandise.

SECTION 3. Restrictions of Use of Disposable Plastic Shopping Bags

A. No retail establishment,, as defined in section 2, shall provide a disposable plastic shopping bag to any customer for the purpose of enabling the
customer to carry away goods from the point of sale.

1. This section shall not preclude any retail establishment from making reusable bags available for sale to customers or utilizing recyclable paper bags at the point of sale or other checkout point.

2. The Director may promulgate additional rules and regulations to implement this section consistent with the foregoing.

SECTION 4. Penalties and Enforcement

A. Each retail establishment, as defined in section 2, located in the Town shall comply with this by-law.

1. If it is determined that a violation has occurred, the Director , or their designee in the Department, shall first issue a "warning notice" to the retail establishment for a first time violation.

2. If after 14 days from receipt of the warning notice, the retail establishment continues to violate this by-law or commits a second violation, the Director shall issue a notice of violation and shall impose a penalty against the retail establishment.

3. The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:

(i) $50 for the first offense;
(ii) $100 for the second offense;
(iii) $150 for the third and all subsequent offenses.

4. No more than on penalty shall be imposed upon a retail establishment within a seven calendar day period.

5. Retail establishments shall have 15 calendar days after the date that a notice of violation is issued to pay the penalty or request a hearing in writing to the Director.

B. The Director may promulgate additional guidelines and regulations
necessary for the effective enforcement of this bylaw, consistent with the foregoing.

SECTION 5 Effective Date

All of the requirements set forth in this by-law shall take effect on or before
March 1, 2018, for retail establishments with a floor area equal to or exceeding 10,000 square feet, and on or before July 1, 2018, for retail establishments with a floor area of less than 10,000 square feet.

SECTION 6 Waivers

In the event that compliance with the effective date of this by-law is not feasible for a retail establishment because of either unavailability of alternative checkout bags or economic hardship, the Director may grant a waiver of not more than six months upon application of the owner or owner's representative. The Director may provide one additional six-month waiver upon showing of continued infeasibility or hardship, as set forth above.

SECTION 7 Severability

The provisions of this bylaw are severable; and if any of the provisions of this bylaw shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

ARTICLE 10
POLYSTYRENE REDUCTION

(ART.29 ATM – 05/01/19)

Section 1. Purpose and Intent

The use and disposal of polystyrene has significant impacts on our Town and our environment, including:

A. Harm to aquatic life when ingested;
B. Pollution of waterways;
C. Human health risks from potential exposure to chemicals leaching from polystyrene food containers and consumption of aquatic wildlife that contains polystyrene microplastics;
D. Limited recycling options for polystyrene containers and other polystyrene products.

With the goal of protecting the health of residents and our natural resources, consistent with the Town Goals adopted by Town Meeting in 1993, and given that inexpensive, safe alternatives to polystyrene are easily obtained, the Town will phase out the use of certain polystyrene plastics by January 1, 2020.

Section 2. Definitions

A. “Department” shall mean the Arlington Department of Health and Human Services.

B. “Director” shall mean the Director of Health and Human Services.

C. “Food Establishments” shall mean any operations that store, prepare, package, serve, vend or otherwise provide food for human consumption, including, but not limited to, restaurants, mobile food vendors, caterers, residential kitchen operators, schools, farmers markets, and public venues. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000, et. seq., shall be considered a Food Establishment for the purpose of this bylaw.

D. “Polystyrene” shall mean and includes:

(1) blown polystyrene and expanded and extruded foams (sometimes called “Styrofoam,” a Dow Chemical Co. trademarked form of insulation) also referred to as expanded polystyrene (EPS), which is herein referenced in this bylaw as "Foam Polystyrene." Foam Polystyrene is generally used to make opaque cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons; and
(2) clear or solid polystyrene, which is also known as “oriented,”
which is herein referenced in this bylaw as “Rigid Polystyrene.” Rigid Polystyrene is generally used to make clear clamshell containers, and clear or colored cups, plates, straws, lids and utensils.

Polystyrene may be labeled with the recycling number “6” or “PS 6”.

E. “Polystyrene Disposable Food Services Containers” shall mean single-use disposable products used for serving, consuming, or transporting food or beverages, including, but not limited to, take-out foods or leftovers from partially consumed meals prepared by a restaurant or other food establishment. This includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, cup lids, and cutlery. It shall also include single-use disposable packaging for uncooked foods prepared on the premises, as well as disposable catering trays.

F. “Public Venues” shall mean operations including, but not limited to, meeting halls, churches, Town offices, the Senior Center, Recreation Department facilities, libraries, and public schools operating in Arlington.

G. “Retail Establishments” shall mean any commercial business facility, whether for-profit or not-for-profit, that sells goods directly to consumers including, but not limited to, grocery stores, pharmacies, liquor stores, convenience stores, theaters, and all other retail stores.

Section 3. Use Regulations

A. Food Establishments: Effective January 1, 2020, food establishments shall be prohibited from using, distributing, or selling polystyrene disposable food service containers made from foam or rigid polystyrene, or polystyrene cutlery or other polystyrene single use disposable products within the Town of Arlington.

B. Retail Establishments: Effective January 1, 2020, retail establishments shall be prohibited from selling or distributing polystyrene disposable food service containers made from foam polystyrene within the Town of Arlington.

C. Exemptions: This bylaw shall not apply to:

1. Polystyrene foam packaging peanuts;
2. Prepackaged meat and produce trays, egg cartons, and other food or beverage products bought from or packaged by any supplier located outside of Arlington; or
3. Polystyrene foam freezer chests.

Section 4. Penalties and Enforcement

A. Each food establishment or retail establishment, as defined in Section 2, located in the Town shall comply with this bylaw.

1. If it is determined that a violation has occurred, the Director, or his or her designee in the Department, shall first issue a "warning notice" to the food establishment or retail establishment for a first time violation.

2. If after 14 days from receipt of the warning notice, the food establishment or retail establishment continues to violate this bylaw or commits a second violation, the Director shall issue a notice of violation and shall impose a penalty against the food establishment or retail establishment.

3. The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:

(i) $50 for the first offense;
(ii) $100 for the second offense;
(iii) $150 for the third and all subsequent offenses.

4. No more than one penalty shall be imposed upon a food establishment or retail establishment within a seven calendar day period.

5. A food establishment or retail establishment shall have 15 calendar days after the date that a notice of violation is issued to pay the penalty or request a hearing in writing to the Director.

B. The Director may promulgate additional guidelines and regulations necessary for the effective enforcement of this bylaw, consistent with the foregoing.

Section 5. Waivers

In the event that compliance with the effective date of this bylaw is not feasible for a food establishment or retail establishment because of either unavailability of alternative containers or products or economic hardship, the Director may grant a waiver of not more than six months upon application of the owner or owner's representative. The Director may provide one additional six-month waiver upon showing of continued infeasibility or hardship, as set forth above.

Section 6. Severability

The provisions of this bylaw are severable; and if any of the provisions of this bylaw shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.