The penalty for breaches of any of the Bylaws [SPR1] for the Town shall be a fine not exceeding $300 ~~$50~~ for each offense, except where a different penalty is specifically ~~specially~~ provided for such breach by these Bylaws or by any other controlling provision of law [SPR2] . After delivery of a written notice of a violation to the offending party, each day that a violation exists shall constitute a separate offense.

[See MGL c.40 §21]

§1-2. Recovery of fine by indictment or complaint.

All fines ~~Said fine~~ may be recovered by indictment or on complaint before a district court, or by noncriminal disposition in accordance with MGL Ch. 40 §21D[SPR3] . All fines shall inure to the Town and unless otherwise directed by a Town Meeting shall be paid over to the Town Treasurer for the use of the Town. ~~and fine shall continue for each day~~[SPR4] .

ARTICLE II, Terms and References

§1-3. Reference to statute[SPR5] .

Any reference within these Bylaws to a regulation or statute enacted by the Commonwealth of Massachusetts shall incorporate by reference the provisions of said regulation or statute, as they may be amended in the future. In the event the provisions of a Bylaw conflict with the provisions of state regulation or statute, the more restrictive and/or more definitive provisions shall prevail, unless otherwise mandated by law.

§1-4. Town website[SPR6] .

All references in these Bylaws to the “Town website” or “Town’s website” shall mean the official town website registered and operated by the Town of Abington.

CHAPTER 7, ALCOHOLIC BEVERAGES

GENERAL REFERENCES

Peace and good order – See Ch. 113.

ARTICLE I, Consumption in Public

§7-1. Drinking on public or private property restricted.

No person shall drink alcoholic beverages as defined in Chapter 138, Section 1 of the General Laws while on, in or upon any public way or upon any way to which the public has a right of access, or any public park, public playground or public recreational area, or any place to which members of the public have access as invitees or licensees, ~~park or playground or~~ nor while on, in or upon any private land or place without the consent of the owner or person in control thereof. The Board of Selectmen may, however, grant temporary or limited permits to allow the consumption and possession of alcoholic beverages on public property.[SPR7]

§7-2. Seizures of alcoholic beverages.

All alcoholic beverages being used in violation of this Bylaw shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court.

§7-3. Violations and penalties.

Whoever violates any provision of this Bylaw shall be liable to pay a fine ~~a penalty~~ of not more than $100 ~~$50~~ for each violation.

CHAPTER 11, ANIMALS

ARTICLE I, Pasturing of Certain Animals

§11-1. Pasturing within streets or ways prohibited.

No person shall pasture or cause to be pastured any cattle or other animals upon or within the limits of any street or way of the Town, either with or without a keeper.

ARTICLE II, Dogs

§11-2. Running at large prohibited; exception for hunting purposes.

An owner or keeper of a dog shall not cause or permit such a dog to run at large in any street or public place or upon the premises of anyone other that the owner of keeper, unless the owner or occupant of such premises grants permission. While in any public place or street, dogs shall be under restraint by owner or keeper. A dog is under restraint within the meaning of this Bylaw if it is controlled by a leash or at “heel” beside a competent person and obedient to that person’s ~~persons or~~ commands, or confined within a vehicle driven or parked on a street.

However, this section shall not be construed ~~constructed~~ to limit or prohibit the use of hunting dogs during the hunting season, or the training of hunting dogs, or during field trials for hunting dogs.

§11-3. Impoundment; maintenance and administrative charges.

Dogs running at large will be impounded. If the owner is known, notice shall be given within three days to such owner. If the owner is unknown, disposition of a dog shall be as provided under Massachusetts General Laws, Chapter 140, Section 151A. The owner or keeper of any dog so impounded may reclaim such dog upon payment of the dog license fee if it is then unpaid, and upon payment of any outstanding fines, ~~the following~~ maintenance and administrative charges [SPR8] .

A. ~~Current boarding rate as allowed under Chapter 140, Section 151A for each day dog is held in the pound.~~

B. ~~Violation of Leash Law.~~

1. ~~First offense: $15.~~

2. ~~Second offense: $25.~~

3. ~~Third offense: $30.~~

4. ~~Fourth offense: $50.~~

5. ~~If there has been no subsequent violation within one calendar year the violation schedule shall begin again with the first offense upon another violation.~~

C. ~~Dog Bite~~

1. ~~First offense: $15.~~

2. ~~Second offense: $25.~~

3. ~~Third offense: $30.~~

4. ~~If there has been no subsequent violation within one calendar year the violation schedule shall begin again with the first offense upon another violation.~~

D. ~~Dog found in school yard: $10.~~

E. ~~Failure to comply with order of restraint: $25.~~

F. ~~Failure to comply with notice to kill or confine: $25.~~

G. ~~Failure to vaccinate dogs against rabies: $25.~~

§11-4. Registration required; dogs disturbing the peace; license period.

Every owner or keeper of a dog who is three months old or over shall register it with the Town Clerk on or before July 1 ~~January 1~~ of each year. Every owner or keeper of a dog which becomes three months old subsequent to July 1 ~~January 1~~ of any year shall register it with the Town Clerk when it becomes three months old. The owner or keeper of every dog which is so registered shall cause it to wear at all times a license tag issued for the purpose by the Town Clerk. No person shall own or keep in the Town any dog which by biting, barking or howling, or in any other manner disturbs the peace and quiet of any neighborhood or endangers the safety of any persons. An annual dog license shall be valid from July 1 to June 30[SPR9] . ~~Dog license period will be from January 1 to December 31, of each year.~~

§11-5. Confinement of dogs during heat.

If the Dog Officer determines that a dog in its oestrus cycle (in heat) is attracting other dogs and such attraction is causing damage or disturbance to any neighborhood, the Dog Officer shall order in writing that the owner or keeper of such dog to restrain the dog for the duration of its oestrus cycle. If the Dog Officer determines that such owner or keeper is not complying with such order, the Dog Officer shall impound said dog for the duration of its oestrus cycle and the owner shall pay the current boarding fee as allowed under Chapter 140 Section 151A for each day the dog is held in the pound.

§11-6. Violations and penalties; Fees.

Whoever violated the foregoing provisions of this Chapter ~~article~~ shall be liable to a fine of not more than $50[SPR10] , in accordance with Massachusetts General Laws, Chapter 140, Section 173A. A schedule of all current fines and fees shall be established pursuant to MGL c.40 §22F and shall be held on file with the Town Clerk.

§11-7. Pit bull terriers.

A. No person shall keep or maintain, within the boundary limits of the Town of Abington, the breed of dogs known as American Staffordshire Terrier, Stafford Pit Bull Terrier, or Bull Terrier, unless same is restrained on the private property of the owner in a secure area so that the animal cannot gain access to public areas or private property of others.

B. Any owner transporting a “pit bull” on the public ways for medical or veterinary care shall properly restrain and muzzle the animal. Any such dog not properly restrained and not wearing a muzzle shall constitute a public nuisance and be banned within the limits of the Town of Abington.

C. Any person who violated this Bylaw shall be subject to a fine of not more than $50 for each offense, and the said dog shall be banned from ~~within~~ the limits of the Town of Abington. ~~Each subsequent day of violation shall be considered a separate offense under this Bylaw.~~[SPR11]

§11-8. Kennels.

A. Any person maintaining a kennel shall have a kennel license.

B. Any owner or keeper of four or more dogs, three months of age or over, shall obtain a kennel license upon submission of a written application to the Town Clerk with the prior approval from the Animal Control Department and the Zoning Board of Appeals. ~~to the Town Clerk~~. The kennel license shall be on a prescribed form and shall specify the name of the owner, the name of the kennel, the name of the keeper, and the location of such kennel. Such license shall specify the maximum number of dogs to be kept on the premises at any one time. Prior to approving any application, the Animal Control Department shall deliver notice of said kennel application by first class mail to all owners of property situated within 100 feet of the boundaries of the proposed kennel property, in accordance with a certified abutters list issued for said purpose by the Board of Assessors. All costs of said notice shall be paid by the applicant, and said notice shall inform the abutters of their right to submit written comments about the proposed kennel within ten (10) days of its mailing. A kennel application shall be approved if said application complies with all state and local laws, and sufficient conditions are imposed at the discretion of the Animal Control Department to prevent any nuisance to neighboring properties. Any party thereafter objecting to the decision of the Animal Control Department may appeal said decision to the Board of Selectmen for independent review.[SPR12]

C. The fees for each classification of kennel license shall be established pursuant to MGL c.40 §22F and held on file with the Town Clerk. ~~as follows:~~

1. ~~Kennel license for up to four dogs: $50.~~

2. ~~Kennel license for five to 10 dogs: $80.~~

3. ~~Kennel license for 11 to 25 dogs: $150.~~

D. License period includes January 1 to December 31, both dates inclusive.

E. A kennel license shall be required in addition to ~~in lieu of~~ any other license ~~upon a variance granted by the Zoning Board,~~ required for any dog which may be kept in such kennel for any portion of the period for which the license is issued. The owner or keeper of such kennel shall renew the license prior to the commencement of each succeeding license period.

F. While at large, each dog in a kennel shall wear a collar or harness to which shall be securely attached a tag upon which shall appear the number of the kennel license and the year of issuance and the name of the Town.

G. A veterinary hospital shall not be considered a kennel unless it contains an area for the grooming or selling of dogs, or for the boarding of dogs other then medical or surgical purposes, in which case it shall apply in writing to the Town Clerk, submitting proof of prior approval from the Zoning Board and the Animal Control Department ~~Office~~ for the required kennel license.

H. The Chief of Police or Animal Control Officers of the Town shall at any time inspect or cause to be inspected any kennel, and if in their judgment the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, shall by order revoke or suspend said kennel license.

I. In the case of suspension of said licenses, the Board of Selectmen may reinstate such license and impose conditions and regulations upon the operation of said kennel after holding a public hearing. Notice of said public hearing shall be mailed at least seven days prior to the hearing by first class mail to all owners of property situated within 100 feet of the boundaries of the kennel property [SPR13] .

J. All kennels shall be limited to the number of dogs that the kennel license states are to be maintained on said premises. ~~It shall be a violation of this article to have any dogs on said premises over and above said number.~~[SPR14]

K. In addition to all other sums due and owing for any license fee hereunder, a person who applies for a license hereunder shall be obligated to pay all prior amounts of license fees determined to be due and owing by the Town Clerk. ~~pursuant to this article, for past periods in which said person was obligated to obtain license.~~ ~~It shall be a violation of this article to fail to pay any sum due hereunder this remedy shall be cumulative.~~ [SPR15]

L. Violations of ~~§11-7, Kennels,~~ this bylaw shall be incur the following fines;

1. For each dog over said license per day: $25.

2. For running a kennel without a license: $50.

3. ~~For running a kennel after you have been told to get a kennel license: $100 a day.~~

M. Before a kennel license can be issued, letters must go out to all abutters of said property of where the kennel will be. The abutters will have one week to contact the Animal Control Officers in writing about said kennel or kennels. If needed there will be an open hearing to all the abutters and the kennel owner or keepers of the property.[SPR16]

§11-9. Animal waste.

A. The owner or custodian of every dog or animal[SPR17] shall be responsible for any fecal matter deposited by the ~~owner’s~~ animal(s) on public walks, streets, recreation areas or private property of another.

B. The owner or custodian of an animal ~~or person(s) who posses or controls the dog~~ when appearing with the animal ~~dog~~ on any public walk, street, recreation area, or private property shall posses the means of removal of any fecal matter left by such animal ~~dog~~.

C. For purposes of this regulation, the means of removal shall include any tool, implement, or other device carried for the purpose of picking up and containing such fecal matter. Disposal shall be accomplished by transporting such fecal matter to a place suitable and regularly reserved for the disposal of human fecal matter, specifically reserved for disposal of animal ~~dog~~ fecal matter or otherwise designated as appropriate by the Board of Health.

D. Any owner or person in control of any animal ~~dog~~ who fails ~~faults~~ to comply with Subsections A, B, or C of this section shall be punished by a fine of $25 ~~$10~~ for each violation.

CHAPTER 17, BOARDS, COMMITTEES AND COMMISSIONS

GENERAL REFERENCES

Council on Aging -- See Ch. 40.

Finance Committee – See Ch.. 67.

Historical Commission – See Ch. 89.

Town Meetings – See Ch. 152.

ARTICLE I, Terms of Office

§17-1. Term to be specified at creation; default term.

The term of office for a member of any committee appointed by the Town Meeting, the Town Manager, the Board of Selectmen, or the Moderator shall be specified at the time of the creation of the committee, and if no such term is specified the term of office shall be three years.

ARTICLE II, Organization

§17-2. Reorganization by elected officials.

Elected officials shall reorganize their respective board, committee, commission, council or authority on or before May 15 of each year, or at the next regularly scheduled meeting after the Annual Town Election[SPR18] ~~on or before May 1, or at the next regularly scheduled meeting after May 1 of each year following the Annual Town Election~~. The present chairperson ~~chairman~~ of the board, committee, commission, council or authority shall step down and the secretary or senior member shall take nominations from the floor for chairperson. ~~chairman~~. All members of the board, committee, commission, council or authority~~, with the exception of the chairman,~~[SPR19] may nominate candidates for chairperson. ~~chairman~~. All members~~, including the current chairman,~~ may vote on all nominations for officers of their respective board, committee, commission, council or authority. The Town Manager ~~The Board of Selectmen~~ and the Town Clerk shall be notified in writing of the newly reorganized board, committee, commission, council or authority no later than June 15 ~~May 20~~ of the same year.

§17-3. Reorganization by appointed officials.

Appointed officials shall reorganize their respective board, committee, commission, council or authority on or before May 15 of each year, or at the next regularly scheduled meeting after the Annual Town Election[SPR20] . ~~on or before May 1, or at the next regularly scheduled meeting after May 1 of each year following the Annual Town Election.~~ The present chairperson ~~chairman~~ of the board, committee, commission, council or authority shall step down and the secretary or senior member shall take nominations from the floor for chairperson. ~~chairman~~. All members of the board, committee, commission, council, or authority~~, with the exception of the chairman,~~ may nominate candidates for chairperson. ~~chairman~~. All members~~, including the current chairman,~~ may vote on all nominations for officers of their respective board, committee, commission, council or authority. The Town Manager ~~The Board of Selectmen~~ and the Town Clerk shall be notified in writing of the newly organized board, committee, commission, council or authority no later than June 15 ~~May 20~~ of the same year.

ARTICLE III, Public Hearings

§17-4. Minimum notice requirements. ~~Advertising required.~~

All appointed and elected boards, committees, and commissions required by either state statute or internal rules to hold a public hearing on any matter within their jurisdiction shall advertise said public hearing by posting a notice of said hearing at the Town Offices and on the Town website, and if specifically required, as a display advertisement within the required newspaper(s)[SPR21] .

CHAPTER 25, BUILDINGS, NUMBERING OF

GENERAL REFERENCES

General penalty -- See Ch. 1, Art. I.

§25-1. Display of numbers.

At the time of the sale, rental, new occupancy or transfer of any building ~~dwelling house~~ in the Town, numbers representing the address of such building and assigned to such ~~dwelling houses~~ building by the Assessors shall be affixed to such building in such a manner that they are clearly visible from the nearest street and/or driveway entrance which provides access to such building. ~~from the public way.~~ Said numbers shall be no less than 4" in height and shall be of a color in direct contrast to the surface to which it is attached. In addition to affixing numbers on the building, a building which is not clearly visible from the street or the driveway entrance, whether due to distance, topography, vegetation or other obstruction, may also be required by the Fire Department to affix its assigned numbers on a sign or other marker of a size and design acceptable by the Fire Department, which shall be erected in a more visible area along the public way as determined by the Fire Department. Nothing in this section shall prohibit a property owner from voluntarily erecting or affixing building numbers on a sign or marker in a location more visible to the public, so long as said sign or marker conforms to the sign bylaws and zoning bylaws of the Town.[SPR22] [SPR23]

[See MGL Ch. 148 §59]

§25-2. Verification by Fire Department.

No sale, rental, new occupancy, or transfer of a building ~~such dwelling house~~ shall take place until the Fire Department verifies that such numbers are affixed in accordance with this Bylaw [SPR24] .

~~CHAPTER 29, CARBON MONOXIDE DETECTORS~~[SPR25]

~~GENERAL REFERENCES~~

~~General penalty – See Ch. 1, Art. I~~

~~Fire prevention – See Ch. 75.~~

~~§29-1. Installation required upon sale of property.~~

~~Upon the sale of property the installation of carbon monoxide detectors shall be required.~~

CHAPTER 35, CONDOMINIUM CONVERSIONS

GENERAL REFERENCES

Investigation of land use complaints – See Ch. 98, Art. I.

Zoning – See Ch. 175.

§35-1. Declaration of emergency.

The Town of Abington, acting by and through its Town Meeting, finds and declares that a serious public emergency exists within the Town with respect to the availability and affordability of rental housing to citizens of said Town, particularly to elderly and handicapped persons and to families of low and moderate income; that this emergency results from the aggravated local impact of factors set forth in Chapter 527 of the Acts of 1983, most particularly from limited rental housing development, prolonged increases in sales and rental housing costs exceeding increases in personal income, the increased pressures on the Town’s housing stock from the metropolitan housing market and the conversion of existing rental housing to more expensive condominiums or cooperative sales housing; that this rental housing shortage generates serious threats to the public health, safety, and general welfare of the citizens of the Town; that increased protection of the present tenants of rental housing and of future occupants of converted units, requires local action including establishment of provisions protecting a greater portion of the rental housing stock, extending the effective conversion notice period, lessening tenant uncertainty regarding conversion plans, encouraging appropriate safety improvements to converted housing, and establishing a local permit system to regulate and oversee the conversion process; and that this bylaw is accordingly adopted pursuant to the provisions of Chapter 527 of the Acts of 1983.

§35-2. Purpose.

A. To provide the community with the ability to oversee and regulate the conversion of property for use as condominium or cooperative housing.

B. To assure compliance with state and local regulations for the construction and physical features of buildings which are to be used for condominiums.

C. To require landlords who seek to convert their rental property into condominium, cooperative, or other form of non-rental property to give their tenants a reasonable period of notice before evicting them in furtherance of the conversion. Such prior notice will provide the potentially displaced tenants with sufficient time to examine the housing market, evaluate available housing alternatives, formulate future housing plans, secure any necessary financing and decided whether to acquire the housing accommodations being converted or to relocate.

§35-3. Definitions.

APPLICANT – A person who records, or proposes to record, the condominium instruments or on whose behalf the condominium instruments are recorded, thereby subjecting the property to condominium ownership, and includes successors or persons who come to stand in the some relation to the condominium development as all applicants.

BOARD – The Planning Board of the Town of Abington.

CONDOMINIUM CONVERSION – Creation of units for condominium or cooperative ownership in a building, which was at any time before the recording of the declaration wholly or partially occupied by persons other than purchasers and persons who occupied with the consent of the purchasers.

CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION – An eviction of a tenant by a landlord or any agent thereof for the purpose of removing such tenant from a housing accommodation in connection with the initial sale and transfer of legal title to that housing accommodation to a prospective purchaser as a condominium unit, cooperative or similar form of ownership, or, and eviction of a tenant by any other person who has purchases a housing accommodation when the tenant whose eviction is sought was a residents of that housing accommodation as a condominium unit, cooperative or unit held in a similar form of ownership. A conversion eviction shall not include an eviction by reason of the tenants; substantial violations of the terms of the tenancy.

CONDOMINIUM UNIT – A unit of a condominium as that is defined in Chapter 183A of the Massachusetts General Laws or any successor statute with respect to condominiums (the “condominium statute”).

COOPERATIVE UNIT – A unit in a housing cooperative as set forth in Massachusetts General Laws, Chapter 157.

ELDERLY TENANT – A tenant who is a person or group of persons residing in the same housing accommodation any of who has reached the age of 60 years or over as of the date of receipt of the notice provided for hereunder.

HANDICAPPED PERSON – A person as defined in Sections 3(20 of the U.S. Housing Act of 1937 as amended by the Housing and Community Development Act of 1974.

HOUSING ACCOMMODATION – Any building, structure, or part thereof or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes containing three or more dwelling units, together with all services connected with the use or occupancy of such property.

LANDLORD – The individual who holds legal title to any housing accommodations in any manner including, but not limited to, a partnership, corporation or trust. For the purposes of this Bylaw, the rights and duties of a landlord hereunder shall be the obligated of anyone who manages, controls, or customarily accepts rent on behalf of the landlord.

LOW AND MODERATE INCOME HOUSING – Households whose total income for the previous ear was equal to or less than the qualification income for the Section 8 housing Assistance Program as designated from time to time by the United St