Section 137C: Inspection of kennels; revocation, suspension and reinstatement of licenses; nuisances; notice; review
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/ma/part-i/title-xx/chapter-140/137c·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 137C.
(a)The mayor of a city, the select board of a town, the town manager of a town, the police commissioner of the city of Boston, a chief of police or an animal control officer shall inspect or cause the inspection of every kennel licensed within the city or town at least once per year. If a licensee or a person applying for a license to maintain a kennel refuses to allow an inspector to enter and inspect a kennel, the refusal shall be grounds for denial, suspension or revocation of the license.
Twenty-five citizens of a city or town may file a petition with the mayor of a city, the select board of a town or the police commissioner of the city of Boston, as the case may be, stating that they are aggrieved or annoyed to an extent that constitutes a nuisance by a dog maintained in the city or town due to excessive barking or other conditions connected with a kennel. The mayor, select board, town manager or police commissioner of the city of Boston, as the case may be, shall, not more than 7 days after the filing of such petition, give notice to all interested parties of a public hearing.
The hearing shall be held not more than 14 days after the date of the notice. The mayor, select board, town manager or police commissioner of the city of Boston shall, not more than 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order:
(i)suspend the license;
(ii)revoke the license;
(iii)further regulate the kennel; or
(iv)dismiss the petition.
(b)A written notice under subsection
(a)of an order revoking or suspending the license, further regulating the kennel or dismissing the petition shall be mailed immediately to the licensee and to the officer that issued the license. Not more than 10 days after the written notice of the order, the licensee may file a petition in the district court in the judicial district in which the kennel is maintained seeking review of the order. After notice to all parties as the court may consider necessary, the court shall review the action, hear the witnesses and affirm the order unless the court determines that it was made without proper cause or in bad faith, in which case the order shall be reversed. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel has been revoked or suspended shall be assessed a fine by the licensing authority of not more than $250 for a first offense, by a fine of not less than $500 for a second offense and by a fine of not more than $1,500 for a third or subsequent offense.