Sec. 4-11. - Maximum number of dogs and cats; exception.

(a)

No owner, lessee or occupant shall keep or permit to be kept more than three dogs over 12 weeks in age on any lot or parcel of land. For purposes of this section, multiple lots in common ownership are deemed to be a single parcel of land.

(b)

No owner, lessee or occupant shall keep or permit to be kept more than three cats over 12 weeks in age on any lot or parcel of land. For purposes of this section, multiple lots in common ownership are deemed to be a single parcel of land.

(c)

An owner, lessee or occupant shall not be in violation of subsection (a) or (b) of this section if a permit to keep a greater number has been granted by the board of public safety, which board shall grant such permission only after hearing, with notice to owners of property abutting the premises, and only if, after a report from the animal control officer and such other information as the permit applicant and abutters wish to present, the board shall determine that the number requested will not constitute a health hazard or nuisance.

(d)

Upon being apprised of a violation of either subsection (a) or (b) of this section, the animal control officer shall send written notice of the violation by registered mail to the owner, lessee or occupant informing such person of the right to apply by letter through the animal control officer to the board of public safety for a permit. If more than 14 days have passed after the notice has been sent and no application for a permit has been received by the animal control officer and the owner, lessee or occupant continues to own, lease or occupy property in violation of subsection (a) or subsection (b) of this section, then prosecution for violation of this section may be commenced in the city municipal court.

(e)

Any person found in violation of either subsection (a) or subsection (b) of this section shall be punished by a fine as provided in section 18-1, per day or where appropriate, the municipal court may impose a sentence in jail and impose a fine or both as set forth in G.L. § 45-2-19, which established the municipal court.

Any person who, having obtained a permit in accordance with subsection (c) of this section, violates the terms of that permit, shall be punished by a fine as provided in section 18-1, per day or where appropriate, the municipal court may impose a sentence in jail and impose a fine or both as set forth in G.L. § 45-2-19, which established the municipal court.

(Code 1971, § 3-11; Ord. No. O-11-5, § I, 4-26-11)