All right. Well, you will call the meeting to order at 6:02. Welcome back, everyone. Uh, we're going to start. Did we do I don't think we did planning board that we made no changes. Doesn't look we have any changes. >> Alarm systems are at
>> alarm systems. Oh, we just made no changes in there. >> That's where we were starting with alarm systems. >> Where are we? >> 305, right? >> Yep. Part four, chapter 305, alarm systems. Yep. Can we put in the minutes that Ralph has
to complete his homework? Yes. >> He's not the only one. [Applause] >> We uh got it. >> Where are we? 305. >> 305. >> I just want 250. >> You getting me? Yeah. >> Oh, there we go. Oh, new start. See?
Look at that. >> Yeah. >> Um I'm just curious how many systems are now is it something that's still normal to tie into the police or the fire department? >> I have no idea.
>> Um >> like alarm systems like answering services. >> Yeah. And I think this was for a direct connection, right? This is back in 1982. >> Yeah. >> Which is transmitted to the department
by fire. >> That would count that that would count any of the buildings that have uh a monitoring service that would call it in. >> Mhm. >> Has it been a $50 fine? I >> This is transmitted to the department by
an electronic fire alarm. >> That would be a call in. >> Yeah. Well, there may still be some businesses or manufacturing sites that automatically call.
>> I would just like to find out um as a question. I'm not against >> We should ask the fire department. >> Yeah, >> let's just ask the fire department if this is even relevant anymore. And they may say, "Oh my god, yeah, we have tons of these money, right?"
Um, I can follow up with the chief if you want. >> Uh, I'm gonna tag him right now. >> Okay. Sorry. I keep forgetting about technology. Yeah, >> me too. >> Yeah. >> And so enforcement is going to be difficult by the fire chief um for
reasons being we've never um given the fire chief authority. Um, so the council made the police department uh authorized agents, >> but not the fire chief.
>> So, so he's got to notify the police department issued the fine. >> It would be the police department issuing the fine. >> Yeah. >> Um, >> we want to alter that fine. Has it been $50 since the 80s? >> I'm thinking we're just going to end up removing it.
>> Okay. >> It's going to be my thought because I don't think that this is done at all now. Okay, >> she want to hold talk to the chief. >> And this is different than the schedule of fees that we talked about like months ago, right? Finds her that schedule fees only in that
>> if the chief >> wants to die on that whole hill, then it would have to be added to that, I would imagine. Right, Ralph? >> I think it's actually in the schedule of fees. >> Oh, is it? >> I don't know if it's >> You can pull you can do a false alarm
twice and not get charged until the third time for $50. with the Swedes. >> Yeah. >> Oh, hold on. I got the fee schedule. >> 500. >> Yeah, it says fee, fine, and penalty. So, it should go there if it goes there.
I guess [Applause] >> it's going to look like what? Oh, there's Yeah, 500-6 fire department. >> It's in here somewhere. I'm still in five.
>> Not in there. N >> permits and inspection, then all the ambulance fees. So it if they want it, it's a line item for a false alarm. >> $312. So if they want it, this has to go into the fee schedule.
>> Yep. >> None of them are around. So >> how did that get missed? >> 350 and 35. Reinsspection fee. Reinspection. >> Nope. Not in this. Not >> there.
>> No. >> So, we're going to put this on hold. Just >> So, we'll flag it to the fire department. And then um then if he says yes, you know, that should stay in um then we'll just have to make a note that under
500-6 this fee has got to be added to it. >> Okay. All right. So, we will just skip over 305. We'll hear back from the chief >> and go on to alcoholic beverages.
>> 310. >> Oops. Article one, restrictions on public consumption 310-1. Consumption on public ways prohibited. Whoever shall live in the town whether this that a public way is a town way,
county highway or a private way open to the public or in other place where the public shall have the right of access consume intoxicating beverages shall be punished by a fine not exceeding $100. Think I kind of read that kind of messed up but yeah >> I think you understand it.
>> Is that in this fee schedule as well? >> No clue. I got to go back >> um >> where within within the town. >> No. >> Okay. So, um let's just think about >> 310 and then 310-9
uh is the fees. If you if you went back up to chapter 310, um it was easier for me to find in the left hand. Yeah, if you open that up and then under 310. >> Yep. The part three. >> Yeah.
>> And 500-9. >> Oh, sorry. Under part four. >> Yeah. >> Yeah. And all all the fees have to be under 500. >> Right. Right. >> But that's where they are. 310-9. >> Yeah.
So, you can be fined $100 >> if you're drinking in your driveway. >> No, that's not a public place, >> right? It's a private place. It's open to the public. >> Driveways are unless it's posted. >> And then >> once it's posted,
>> um, there are no soliciting signs. Well, let let's think of something a little bit different. Um, we have a carnival every year that takes place on public property. Yeah. And we allow consumption of alcohol there. >> But that that comes under the next provision where it's uh licensed by
>> the um some place. >> Oh yeah. >> 310-3. The foregoing shall not apply to any >> activity duly licensed by the town council under the applicable provisions of Massachusetts general laws. >> Yeah. >> As long as we say you can drink, you can
>> Yeah. >> Yeah. I don't think anybody's going to come up your driveway and take your beer away. But you really get specific while such person is standing, sitting, walking, running or otherwise present.
The section must also be construed so as to prohibit the consumption of intoxicating beverages by any person while such person is standing, sitting, walking, running or otherwise present within such way or public place as here and above defined or within any vehicle whether parked or moving with which is
within the limits of such public way or place as here in defined. That sounds like standard language that >> Yeah, some lawyer wrote that for sure. >> Yeah, >> I mean it still feels applicable from 3101 to 3104.
>> Yeah, >> we have exceptions. We have enforcement. >> Yeah. >> Yeah. Irving has the same language. Dongham. >> Really? Yeah. Yeah. Yeah.
>> Well, I I move that we accept 3101 to through 3104 without any changes. >> Second that uh for discussion. Do we want to kick this to the police chief to see if this is something that's even done?
>> I mean, I was It's 22 or more recent than that. So they've looked at it somewhat recently, I presume. >> I'm I'm sure this is something the police chief would like his officers be able to do. >> Yeah. To have the ability to. >> Yeah. >> Any enforcement was last year that was
amended. So I'm guessing they look at it. >> Yeah. >> All right. Uh motion made and second. Any further discussion? All those in favor of recommending chapter 310 as written. I >> I
>> I >> Any opposed? Any abstensions? Motion carries. >> So currently I have yet to find that fee in our fee schedule. >> It's not in there. >> So that will be a note that
that fee has to be added to it. >> All the fees. >> Um yeah. Well, it's $100. >> Um is there any different >> in public ways? And there's another one for public buildings. another $100 fee for that. You're fine.
>> Yeah. You go down a couple pages, that's where all the fees are. >> So, if all the fees Oh, >> okay. Um >> Oh, >> yeah. But under that,
the first fee is not listed under 310-9 fees. >> Yeah. Well, cuz I think that's a fine. So, they probably broke it out within this section that way because of that, >> right? But the fees uh 310-9 are listed
under chapter 500. >> It's just this fine that's not listed. >> So, I would just recommend that that fine be added to >> chapter 500. Okay. >> I put the I added the comments in for that for those two
>> for chapter 500. >> Yep. >> All right. 310-5. Compliance with state law required. Additional local restrictions. All establishments serving liquor shall abide by the requirements of the Massachusetts General Laws and
Regulations of the Alcohol Beverages Control Commission. Seems like that's kind of a no-brainer. >> Yeah. In addition, the LLA, what's the LLA? Local licensing authority. Local licensing authorities.
>> Is that spelled out top anywhere? >> Um, >> yeah, it's uh in 3 310-4. >> You're right. >> Yeah, >> it's split across the last two wires. >> Yeah. >> Last call for service. Alcohol,
beverages, or drinks shall be 30 minutes before closing. Police shall be contacted promptly in the event of any alteration that becomes physical. >> Can we define closing? I mean >> that's done by their their license the liquor license. >> Okay. >> Yes. >> What time what's delays are allowed to
stay open? >> Um >> 2 a.m. >> It varies. >> The state is 2 a.m. Right. >> Yeah. >> But then the town can restrict it further. >> Yeah. The the operating hours of >> believe 1:00 a.m. is the latest we have
any place. Yeah. Yeah. A lot of them closed long before that. >> We've given the opportunity to a lot of restaurants to close at 1:00 and by 10:00 there's no patrons. So they just >> because New Indian restaurant just had a discussion about it.
>> A nice way to put that. >> What? Modu. >> Yes. >> Like two tables in there. >> Well, it was outside too. >> Oh, >> and the outside was the problem. the uh so anything else for 310-5.
>> Um the local licensing authority may after deliberation and hearing impose penalties for violation of any applicable regulations and laws including but not limited to the following. Sale of alcoholic beverages to persons under the age of 21.
Permitting persons under the age of 21 to consume, furnishing or causing to be furnished alcoholic beverages to persons under the age of 21. [Applause] Absence of manager of substitute manager of record on the licensed premises. Failure to call police for physical
disturbance on the licensed premise. Sales of alcoholic beverages to intoxicated persons. Failure to comply with last call requirement. Sale and or consumption of alcoholic beverages after closing time whether by the public by employees of the lency or friends of the lency's
employees. Service of alcohol in impermissible areas of the licensed premises. Consumption of alcohol by employees of the lency while on duty. Substitution of brands of alcoholic beverages. Failure of license or employees of the lency to
permit inspection of the premises by the local licensing authority or its agent. Sale/possession of alcoholic beverages not permitted by the lency. Keg registration violations. Misrepresentation of material facts on an initial license application or
renewal application. Presence of licences managers or employees of the licensed premises while in an intoxicating condition. Knowing allowance by lency manager or employee of the use of licensed premises for the purpose of engaging in or promoting any illegal activity. Jeez.
>> Wow. >> So, there fines for any of these or just goes >> This uh just says that they can impose penalties. >> Okay. >> Which could be like uh >> uh 310-8 has penalties. It >> has penalties. >> First offense, second offense.
>> Um these have all been updated uh pretty recent too. Okay. Um 312 24 >> the letter I just sort of interested that mean like if you say you're serving a certain type of liquor but you're really serving a lesser brand like you put in the bottle.
>> I just just watched a thing on YouTube with John Tapper today about that. >> That's exactly >> putting Poland bring Jin in a Hrix bottle. >> Yeah. Exactly. We laugh, but it does happen. >> Oh, I know it does.
>> Uh 310-7 hearings. Upon written notification to the LLA from the police chief or other law enforcement source that a violation has allegedly occurred on a licensed premises, the LLA will consider whether or not to not a reasonable basis exists to conduct a violation hearing. If it is determined
that reasonable basis for a violation hearing does not exist, the LLA will so inform shall so inform the lency and reporting source. If it is determined that a reasonable basis for a violation hearing exists, the LLA shall send written notice via United States Postal
Service to the Lency setting forth the alleged violations in the hearing date. A lency may be represented by an attorney or other trial person, but need not be. Hearings shall be conducted informally without the application of the rules of evidence or the need for
testimony under oath. Who who was the LLA? >> The town council. >> Town council. The whole town council. >> The whole town council was the liquor licensing authority. We have a uh subcommittee that examines everything
and reports to the full council. Um but any hearings or anything would have to be a vote at a full council. And I will say most of these are done through the state um and not the local licensing authority.
>> So it's just like the penalties are monetary. It's just um suspensions of the liquor license. >> Yeah. >> Monetary I know it is but I wouldn't be opposed to putting a monetary one on top of it too. >> Let us see. are the need for testimony
under all what is I mean they're not they're not >> nature >> yeah they're conducted informally >> yeah that doesn't make sense does it >> I mean it's like a regular town council meeting instead of a more
>> they don't have power okay >> if it's going to be something that serious state's going to be involved Yeah. Okay. Okay. >> 310- Everyone's good with 3107. We have
310A. Penalties. For a first offense, the LA LLA me issue up to a 5-day liquor license suspension. For a second offense within a 24-month period, the LLA may issue up to a 10-day liquor license suspension. For a third
or subsequent offense within a 36-month period, the LLA may authorize relocation of the liquor license. Notwithstanding the above, the LLA may in its discretion determine on a case- by case basis whether or any such said
suspension or relocation shall be issued or held in obeyance or served. The LLA may in its discretion issue a letter of warning to be added to the lency's file. If a subsequent violation occurs during the period of suspension or obeyance, the lency shall serve any period
remaining in suspension or obeyance on the violation previously adjudicated and will face an additional penalty for the new violation. The LLA shall have authority and discretion to issue a more severe penalty, including but not limited to the revocation of a license for the
first offense upon determination after hearing on a particular violation that a license e constitute constitutes a threat to the public health and safety based upon said violations. >> Do we need to say or is that kind of
cover in this word suit that you can add like additional rules? Interestingly, the board of selectman forever ago like they told the Meadows that they had to hire an officer like every Friday and Saturday night. >> Um,
>> that wouldn't be as part of a penalty. Um, that would be a part condition or something. >> Okay. >> And so we've done that on certain ones. Yeah. >> Um, it just said, you know, when there's a wedding or more than 100 people that
we expect you to have a officer on duty. >> Uh, fees. I think that's a town council thing. >> Every was going over 310-9. >> 310-10 enforcement. Any police officer
of the town is an agent of the LLA and authorized to enforce the provisions of this article. Couldn't say that any easier. >> Yeah. >> I make a motion to accept 310-5 through 310-5.
>> No. So, um, under 310, >> should it read any East Long Meadow Police Officer? >> No. Police officer of the town. Same thing. >> Okay. Don't we got to move the the fees to isn't >> on
these 10 is in >> right. But do we need to strike it from here? Doesn't it Why are the fees in two places? >> Not a bad point. >> That's a good point because you'd have to amend it both places if you changed it. >> Right. >> Yeah.
>> Yeah. I think that's what we had been looking at and we've done it in other chapters. Correct. put it into the fee schedule but not kept it within. >> Right. >> Yeah. Because I thought we were doing with that with the two uh the $100 false
alarm and the $100 whatever the liquor license one was. >> Yep. >> Yeah. We actually hadn't talked about removing it from the chapter. >> Oh, okay. >> We had talked about adding it to the fee schedule. >> I assume included the deletion. Okay.
Um, wasn't that something we had discussed that as we go through because we're doing it? >> Yeah, that probably should >> to get them into the fee schedule and remove them out of here. >> Yeah. >> Um, >> make those edits above then too. >> I added comments for the ones above.
>> Yeah. >> Yeah. To just add to but remove from here as well. >> So 310-9 is removed because it's already seen already listed in 500. >> Yeah. That whole thing is just
>> that's what I'm suggesting. >> Should we just add some language in there? >> So chapter 500 >> with that. So like leave the section header but and just change 500. >> Yeah. Refer to
>> chapter 500- whatever. >> Insert hyperlink. >> Well, it's already in there because that's what I clicked. It took me right there. So >> yeah. Uh, you want to do your motion now?
>> Yeah. Sorry. No, I'll make a So, I'll make a motion that we approve 310-5 through 310-10 with the amendment to 3- 310-9 with the amendment to 310-9. >> Second move and second. Any further
discussion? >> All those in favor signify by saying I. >> I. >> Any opposed? Are any abstensions? Motion carries. I thought an exciting one. Animal control. >> That's actually a fitting one that we're
on because I have something for >> uh 315 animal control. >> Article one, animal control. 315-1 Dogs at large. No person owning or keeping a dog in a
town shall allow such animal to roam at large upon the land of another except if it be on the premises of another person with the knowledge and permission of such other person. Such owner or keeper of the an animal in the town which is not on the premises of the owner or upon
the premises of another person with the knowledge and permission of such person person shall restrain such animal by a chain or leash not exceeding six feet in length. The unauthorized presence of an animal on the land of any person other than the owner or keeper of such animal when the
such animal is not restrained as above mentioned shall be primmaacia evidence of a violation of the provisions of this section. >> What is primmaaccia? What is that defined as? >> Uh I forget what it means. It's like obvious or just like
>> Yeah. And for if I if I put like a bag of drugs on the table and I just put it there like obvious like so >> it's obvious. >> I forget what the Latin is. >> Accept it as correct unless until proved otherwise. >> Yeah. >> Oh, say it again. >> Accepted as correct until proved otherwise.
>> Based on first impressions. >> Yeah. >> So we are under 315-1 which is dogs at large >> but B states the presence of any animal. >> Right. So, shouldn't that say any dog?
Because any animal, it could be someone's chicken that wandered onto the neighbors. >> Hey, I'm just saying it's happened a lot. >> But should but should we change the dogs to animal at large? >> Uh, cats room >> 350-1. >> But I think all of this language was
based on um the language out of the state >> because we don't regulate cats either, right? There's no should we should we say licensed animals? I think I think dogs were like I'd rather change the to say dog, but
>> I'd rather the other way. I'd rather change dogs to animals at large. >> Yeah, would you? >> But animals at large, I mean, you're talking someone's cat, >> chicken, >> guinea pig, >> keep your guinea pig off my yard. >> A cat, a cat could come into a yard and
scratch up a kid, right? >> You know, I'm joking. So you should see what people come in with the emergency department service. What do you have to stand on? >> I had a woman come with a parakeet the other day. >> So that's why I'm that's why I'm s I don't know. >> Like any animal can come into someone's yard and do damage to the yard or hurt a
person. >> And then we get down to 359 and it talks about bulls vicious and attack animals. >> Oh good. >> Bulls. We have a running you draft. >> Uh any other change?
>> We'll change B to dog. >> Okay. Go with that route. Okay. >> Yeah. >> No or >> uh everybody go with 315-1. >> Um Oh, hey dog. Yeah. Yeah. Yeah. Works. >> All right. 315-2. Violations and
penalties. Impound fees. A violation of this article one, including section 315-8, shall be punishable by a fine of $25 for the first offense and $50 for sub for the second and third offenses within a calendar year. The fourth and subsequent offenses shall be punishable by a
mandatory hearing and a fine of $75. So, that was the one that um Tom and I were actually just talking about that he had to have a mandatory hearing today because of that language, but it doesn't really seem to make sense because they're just like scheduling something
for someone to not show up. And what are you even going to do out of it other than assess them the $75? >> So, so essentially, I'm not sure what the mandatory hearing is for. >> Somebody has been fined four times for having their dog off. Mhm.
>> You have to go talk to Tom. >> Yeah. >> So, were we going to move all fees, fines, and penalties to the fee schedule? >> Yeah. >> Yeah, that's a good idea.
>> And I think this is already in the fee schedule. >> What do you do with letter C then? >> I'm not sure yet. >> We're working on B. >> A and B. Okay. One thing at a time. >> I think it's under guard's not allowed on school property.
>> They are not. >> Yeah. Is that is that's somewhere in this >> that was a regulation of the school, >> right? >> Yeah. >> Yeah. Animal control violations. Uh >> not very much enforced though. Uh >> someone who lives on hand
>> 31510 >> deals with schools. >> You know what should be driven or ridden or walked I guess. Okay. I see they have to say 31510. So, uh, for 3152A, do we want to
shall be punishable by a fine as defined in chapter >> 500 fee schedule? >> 500-7. >> Is it 500-7? >> Yeah. animal control violations
>> and then 500-7 points back to 3152. So those >> Yeah, those will get cleaned up. >> Yeah, >> I guess. Do we even have the B anywhere in the fee schedule? It wasn't right
next to >> Yeah, it was uh I did see it in there. >> Oh, >> yeah. redemption of dog impounded for violation of animal control by law. >> And that reverts back to this section. >> Is this like two sentences that say the
same exact thing? >> That's redundant. You know, >> I thought it was, but I think it's saying like if it didn't, which I don't even know if that's a thing anymore. But if they were released before it went to the pound, it was $25, but it's also $25
if it went to the pound. >> So, it's $25 to the town. >> $25 to the pound. >> Oh, okay. >> That's what it's saying. So, the pound receives the money uh for the dog that was picked up and the town receives a a penalty
uh for dealing with it. >> That's that's the gist of it. Yeah. >> I don't know if when you read it, you actually get that out of that, but >> I didn't. >> So, whenever um whenever that kennel border road kennels pick someone up, a
dog up, they get 25 bucks or is it is not considered the pound. >> So, if our animal control officer goes out and picks up a dog, they bring them to Porter Road Pet Care because that is the the pound facility. >> Okay.
>> Mhm. And so they would get >> the pound fee for animals >> is $25 >> and the town receives the penalty. >> Mhm. >> So before you can pick up your dog, you have to pay the town and the pound. >> Mhm.
>> Uh so I just changed I took out the $25 and said shall pay a fee as defined in chapter 500-7 to the town before release of the of the dog to from the pound. So we say in addition >> the pound fee
animals we're saying animals are dogs here again >> we have the word animals in there for blood letter be >> the owner of any dog is the pound fee for >> dogs in right >> but if any other animal goes to the the
pound then they don't pay the fee. >> Yeah there are other animals get picked up. Yeah. >> You know, >> got horses running around town. >> Really? >> Yeah. >> Yeah. >> But I would say the fee schedule should
be adjusted a little bit. >> Yeah. To make that clear, too, >> because it's just the redemption of dog impounded for violations of animal control bylaw. >> Lot of anti-dog bias in this bylaws. A lot of issues with uh dogs in town.
>> Yeah. And should it be per day to the pound? >> That's an interesting point. >> Yeah. It's some take care of a dog for a week and you give 25 >> bucks. My dog please. I'm going away for a week.
>> Go ahead and run. >> I need to add I think that would be a recommendation >> uh that the town council would have to take up. >> Yeah. I don't know if there's volume to where it matters, but it seems like like
if they're holding it indefinite period, then the amount paid should also be indefinite. >> Yeah. >> Yeah. I agree with that. There's nothing else about that, right? >> Not that I saw. >> There's a lot in this section.
>> There is. >> I skipping ahead. I didn't see um that's what I saw for fines. And then it's what? Um >> got the fees under 3153. >> Yeah. >> And then the 1515 is the violations and penalties. That's the only other place
that something like that comes up to move to 500. >> Uh so just to wrap up 315-2 C. In addition to the above described procedures, the provisions of this article may also be enforced by the animal control officer by any police officer of the town by noncriminal
disposition procedure pursuant to chapter 1, article two of the bylaws. Good. >> So what are we looking at doing total in 315-2? Are we looking to remove A and B and just have those in the fee schedule and then make C number A?
>> Uh C is not being full or A is not being fully struck. It's referring to the fee schedule. >> Oh yeah. >> Okay. >> But yes, everything else. Yes. >> Basically just points to chapter 500-7. >> Y >> okay.
>> Uh 3153 license fees and requirements. The fee required by MGL chapter 140 section >> subsection >> subsection 137 to 174 inclusive as amended for the licensing of dogs within the town shall be increased by $10 for
any license purchased after the due date said additional fees shall be retained by the town. Dogs shall be required to be vaccinated against rabies and proof of the same shall be required before licensing unless the dog is exempt from vaccination in accordance with MGL
chapter 140 section 145B. >> There's exceptions for dogs. >> Yes. >> You don't want to get out for your dog. So the master law chapter 140 the double subsection should should be uh
subsection 137 to subsection 174. Right? >> Is that the way you guys have it printed up? >> Yeah. With the double sub the double >> double those should be separated. So one should be in front of 137 and one should be in front of >> That's what threw me off. And you're
like subsection something I don't know I guess. Oh, I see. >> I have a grammatical fix. >> Oh, that's a >> a licensing authority may grant an ex an in exemption for a dog, cat, or ferret.
>> What? >> If if your pet has an infirmary, you can request from the local licensing authority for an exemption from >> Oh, for rabies. >> Yeah. For uh Yes. Yes, just rabies. I
guess that's it. >> Does uh so he said it increases by $10, >> which I think that shows up under the clerk fees maybe >> like hopefully it's already listed. I
could see it as like a parenthetical for like late add $10. Well, when we put in these bylaws to point towards able to decode automatically hyperlink it >> I think so >> usually >> what is it >> but e-code also said that they scanned
the entire document and any fees that were in it were highlighted so that we could get them in the fee schedule and >> which is I bet they only search for fees because we've seen fines and penalties so
>> but um It seems to work that way. Like that's how I got there on e-code. They like I find the PDF easier to read, but ecodes easier to find. >> It makes sense. >> Uh so do we need to add
>> clerk 500 >> language for the license fee? >> All we say is that's increased by $10, which we should say shall be increased as defined in chapter 500. I mean to me none that matters. It's just more who does it. Is it the clerk? Like where do
you get it? >> After due date. So it is uh referenced under 500-12 fee schedule dog licensed after due date additional $10 and it's under code subsection 315-3.
>> But we don't have the initial >> fee. Um, kennel licenses for a dog license is listed under 500-12. Dog license is $10. A dog license for
non-spayed or neutered is 20. >> But there's no bylaw that says you have to pay that initial 10, >> you know. So like license fees and all the only thing we have defined in license fees is that you have to pay an additional 10 if you're beyond the due date. Unless we just took that base 10.
Maybe that was defined in MGL as like the fixed amount or something. But I don't I don't know. >> Cats aren't required to get shots. >> Cats don't have license. >> Just run around all wild. the fee required by Mass General Law.
So, I'm assuming if you look up Mass General Law, chapter 140, it probably has what the fee is. Inclusive as amended for the licensing of dogs within the town. So, Mass General Law Chapter 140
probably has a fee and then it's an increase of $10 to that fee. >> Oh, yeah. Uh 139 fees >> shall be determined by the city or town. >> Oh, >> okay. >> Which it is under the fee schedule. >> Yeah.
town council or the voters present a town meeting. You have to go to town meeting change that >> um we used to. >> Is that why it's still 10 bucks? What was it before that? >> It's $20. Uh, everybody good or?
>> Yeah. >> Mhm. >> Right. Uh, 315-4. Disposition of fees. Pound or other fees for violation of the animal control law shall be collected by the animal control officer and shall be turned over to the town collector treasurer.
>> The pound doesn't get the $25. I thought that we just said up above that the pound gets 25 and the town gets 25. >> Yeah. So it says pound and other fees go to the treasure. The treasure treasure must pay >> then pay it out. >> Yeah.
>> We probably town probably pays for the dogs, wouldn't it? Otherwise they're getting a deal. >> Yeah. >> Well, the 3156 says that the owner has to pay >> uh for the food. Oh, okay. >> Okay.
>> So, >> all right. So, everybody's go with 315-4. >> 315-5. Dog parks. A town manager or design may designate times and places on town property where dogs may be exercised or trained off the leash but under the control and supervision of their masters.
>> Good. Any animal found to be at large in violation of this article shall be caught and confined by the animal control officer and or assistance who shall notify forth with the licensed owner or keeper of such animal given that owner or keeper of such animal a
period of 10 days within which to recover such animal. Animals confined under the authority of this order shall be confined in a place suitable for the care and detention. Oh my god, it's long. >> I know animals. or they may be placed in the care of the holder or kennel license such place or
holder of a kennel license to be designated by the town manager or designate. At the end of the 10-day period, any animal not so claimed may be disposed of in the manner provided by law. The owner or keeper of such animal shall be required to pay the reasonable expense of maintaining such animal in confinement, including but not limited
to the cost of feeding, medical care, medicines, and the like. Return of the animal to the licensed owner or keeper shall be dependent upon admission of the ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper. The animal control officer shall enter and and
prosecute a complaint against the owner or keeper of the animal taken into custody under this section. Provided that if within the 12 months not next proceeding this offense, the owner or keeper has not been convicted of for violation of this section or an animal
owned or kept by the owner or keeper has not been taken into custody for violation of this section. The animal control officer may wave prosecution. Again, we're mixing up animal and dogre in this one. >> Well, yeah.
>> And my opinion, we it ought to be animal including pounding of animals at large because we do have >> right farms, horses, pigs. >> Yep. >> Okay. >> Right. Under the state law. >> Yeah.
>> What are we discussing? Because I think this came right out of the state uh writing. I I If I remember right, the health department a few years back um had given us most of this and said this is the way
it needs to be written. >> Um but again I I just I think if you have a heading impounding of dogs at large then you can't talk about impounding someone's cat or chicken or something. It just it doesn't make sense because you always go back to the
heading of the >> the chapter to find out. >> Okay. >> I just No, I'm not saying that the state didn't write it like this. >> I'm going back to my original. I think that pounding of dogs should be a
pounding of animals at large. I do. >> I mean, just a historical perspective. Remember Tom O'Connor? >> A good friend of mine. He used to he told me he was grabbing snakes and uh and hearts and everything. Yeah. >> You know, and pounding the air.
So, if we're doing that, do we almost break up this into two different things? You talk about dogs and the penalties and all, >> and then you talk about animals >> or because it's animal control, do we just
say other animals at large or animals at large? >> Animals at large? >> Yeah, animals at large. >> So, if that's the case, are we going to start finding people when their cats cross over the fence? >> No. So, I I take this as being different. So, we talk about dogs being
licensed and off leash on somebody else's property, that's narrow. But if a like if a horse gets out or a pig and somebody's got to take it to the pound, like >> it's not sitting in the back of a police car, like >> Yeah. >> I guess the only thing I'm unsure about
is what short of reading all those different sections and matched general law like what we can even regulate at a local level when it comes to animals. We know dogsange chickens, >> right? And to your point, like I don't think they would I don't think they would impound a calf or a chicken.
>> Yeah. >> Although chicken maybe maybe a chicken. Yeah. >> I mean, part of it is what if a large animal gets loose and it's not identified what they don't know who the owner is. >> I mean, you know, either you're either
capturing or shooting it. I mean, there are people in town who keep pigs as pets >> and uh if they get out and they're wandering around the neighborhood and somebody the animal control officer picks them up, he doesn't know who owns them. >> He's going to put them in the pound. >> Yeah.
>> Okay. And the owner then would have to responsible if they come forward to pay for that that housing and and feeding and so on. >> Except I don't know if there's a pound a porter road pig pound.
>> Yeah, >> they they take all kinds of animals, >> do they? >> Yeah, they do. >> They do. They were keeping our town geese neck geese from the swans for a while over the winter. your town swans.
>> Yeah. >> Oh, that's a long >> You're not sure you want to go there. >> It was It was that town at its best. >> So, it was an expensive uh >> goose control experiment.
>> Yeah. Were you introduced that? >> Yeah. They thought they bought two males, but they got a male and a female and they started breeding. like swan law and got attacking people.
>> That shows rack is more realistic than you think. >> Yeah. Right. >> That's funny. >> Uh so are we good with 315-6 changing that to animals? >> Yeah. And then the one reference to dog in there should >> change to animal.
>> The upon admission of the ownership the keeping of the dog should be keeping the animal. Oh, nuisance complaints. >> The animal control officer town manager designate shall appoint animal control officer in such assistance as are deemed necessary to administer or enforce this
bylaw in the sections of MGL chapter 140 as amended relating to dogs. They deal with more than dogs. >> They do. >> And it doesn't say that here. We may need to add um a part another line saying the animal control officer shall
be responsible for dealing with um problem animals and leave it at that because I you know a snake is a problem animal depending on the snake. >> Do uh should we kick this to Tammy the
board of health director board of health? Well, I think being specific to dog, >> I think that's referencing MGL chapter 140 >> 140. So that's one of the responsibilities, but I think >> you're thinking another chapter,
>> another subset subset saying that he has other responsibil he um has other responsibilities as well for problem animals. >> But you want to stay with the language animals at large.
I just problem animals because for instance uh if bear bear becomes troublesome >> we got bears in here. >> Okay. If a bear suddenly decides he's going to live in the backyard, >> um, which mine is trying to do, then um,
>> really? >> Yeah. >> Well, that's cuz it's hunting season right now for them. >> Hunting season and they were also feeding up for winter. But, um, no, seriously, there are bears wandering through people's backyards. And if you have little kids,
>> you call the ACL. Okay. >> I had a I had a bobcat make a nice afternoon on my patio furniture. I was on vacation and my neighbor like called me cuz they had little kids and they had chickens and I was like I can't >> I can't do anything. Even if I was home I wasn't going to do anything about it.
>> So just just to jump ahead a little bit >> 31511 is animals regulated by the board of health is horses, cows, goats, swine, poultry and other animals. Oops. Sorry. >> Mhm.
>> You have to pay a fee to get the copies of the regulations. >> Regulations. Yes. >> Is that in the fee schedule? >> Should we point them to that? >> This regulation should be available online. >> That's all. Yeah. Well, what rules do I
have to follow? Well, you got to pay to find out. >> Yeah. >> And then pay when you're not following. >> I know. Don't worry. There really isn't any. I've been in and asked for them and they went, "What? H
>> uh town manager or design may appoint an animal control officer, a special police officer or constable." to be comments there. >> Yeah. >> As a special officer. >> Yeah. >> Special officer or console.
>> Yeah, that makes more sense. >> Nuisance complaints. Uh does everybody go with the 3157? >> Mhm. >> Uh eight nuisance complaints. If any person shall make a complaint in writing to the town manager or designate that any animal owned or harbored within the town is a nuisance by a reason of
vicious disposition, excessive barking or other disturbance, the town manager shall take any action as provided in MGL chapter 140 double section again 137 to 174 inclusive or any other chapter or any amendments there too. Such
disturbance causing a nuisance shall include but not be limited to the following. biting persons, running in packs, breaking or damaging shrubbery or crops in gardens, chasing cars, running at large in violation of this bylaw.
Sever complaint to the town manager or design shall include the name and address of the owner and keeper of such animal and the name and address of the persons making the complaint. >> Chase me down the road. pack of chickens damaging my shrubbery.
Uh, I fixed the double section thing. Any other amendments there, too? >> All right. 315-9. Bulls, vicious, and attack animals. No bull or vicious animal shall be kept within the town unless securely confined within an enclosure adequate to prevent its escape
there from the fire and police departments are to be notified of areas where these there are animals trained to attack. >> Nobody bers in town. >> No. Well, you just have to notify them. >> Okay. >> So, what they're actually talking about
is pit bulls. They're not talking about >> cows bowls. Yeah. >> Um, really? I didn't think of that. >> Yeah. So, uh, here's the problem. You can't just say pitbull because
it's a broad, um, it it it should cover more than just the breed of pitbull. Um, that's why they said bulls. >> No, bulls are are male cows. >> Okay. And no, seriously, >> but again, what we're actually talking
about is if you look at this chapter >> Yeah. And if you look at chap mass general law chapter 140, we're talking dogs. And there there's the issue that we have here is this whole chapter is intermixing the two, >> right? >> And >> yeah,
>> it's our job to recommend how do we straighten this out because this is a mess. Um, I I mean I understand I mean the first thing I read when I said bulls, that's what I thought. I thought it and I'm like and >> but when you put it into context and
perspective that this chapter is actually talking about dogs. >> Um, I think somehow we got to fix the whole thing. >> Not volunteering. I think we kick it to
the board of health, department of board of health to Tammy, >> their department, >> they're the experts >> and and I would simply recommend and say any suggestions on rewriting this whole thing so that we keep dogs and animals
separate. Um, and maybe there's separate context for each. >> Yeah. And if you wanted to have like a shared section on things that apply to any animal, that's fine, too. >> Exactly. >> Yeah. I just think I mean it's a mess. We got to clarify it and clean it up
somehow. [Music] >> Does the animal control officer answer to the board of health or to the town manager? >> Animal control officer works under the board of health. >> Really? >> Yeah. again.
>> So, can you if you have a pit boy, you're not really even supposed to walk it in around town >> on a sixoot leash. I read that earlier. And again, I think that's one of the things I think some of these bylaws when a problem occurred, well, how do we
write something in? Okay, well, we'll talk about bowls. Okay, well, if you have one, you can't do this or that. and something else comes up and they write in something else to change it. [Applause] >> All right. Uh, a couple members can't go
past seven. So, uh, I think we'll wrap up at this point. >> Yeah. So, we're sending this whole article one animal control to water health. >> Yep. I said to review section 315
>> kind of dog waste too. >> Oh, leave on a good part. >> Yeah. Then so when we come back, we'll start with that. And well, that's an interesting combo. Alco stretch energy code.
That's where we're at. Okay. Progress. Uh, do instead of going an hour and a half, do we want to go every Thursday or three Thursdays? Kind of skip around.
Is it real confusing for everybody? >> When? So, we're on page 83 of 280 right now. What's our deadline to get this done? March unless we propose a bylaw change before then to push the deadline out further.
>> But the majority of it's being done by a consultant. >> Okay. >> All the zoning ones. >> This is being you. >> Yeah. >> Which is >> I mean we could keep going every other week for an hour and a half and push >> or every other week for an hour. Yeah. starts.
>> We could always if we need >> if we get to January and it's like shoot we still have a lot more to do then we could >> go every week >> or push the meeting a little longer. >> Yeah, I think good progress. >> Yeah, if if we don't have to worry about the zoning once then I think we'd be
fine. >> We'll just have to review. >> Yeah, >> but it's hopefully >> is at least 100 pages long >> and open. So we were at three zoning starts at 149. So we're >> over halfway
>> with taking the summer off. I I don't think we need to increase frequency yet. >> Yeah. >> Um so stay with the hour every other week. >> Yeah. >> Okay. >> Re revisit it in October, mid October. >> Yeah. Like that. >> If we start getting bogged down because we have tabled some and we got to chase
people at the end. Um >> we may one slightly longer one at some point in October. I don't know yet, but originally the consultant for the zoning chapter had thought that they would do something later this month
>> with this committee, but now that probably won't end up being until sometime in October, but I don't have a date yet on when they're planning to meet with us. >> Yeah, if we can keep October, that'd be great. November is going to get dicey for me. how we're expecting our first kid November 6.
>> So, I don't know if I can duck out. >> Well, really important work. >> All by >> Yeah, we got to go two hours now. Yeah. >> So at the borrow down >> so maybe maybe we look to like add an
extra meeting in October or something depends available. >> All right. So >> we also have to overall look at what we have and what we don't have which may be to look at other towns
>> to see if we're missing stuff. >> Yeah. Um, >> and again, I think that would be more independent. >> Um, if you have a chance to take a look at other people's >> proposed additions. >> Yeah. So that we can make additions if
we so think that they're needed. Um, >> y >> proactive instead of reactive. >> I mean, we had nothing on drones, for instance. I believe that was voted down. >> Wouldn't that be at the state level? The
>> It's FAA. >> It's FAA. Yeah. >> Oh, yeah. >> Any anytime the drone leaves the ground, whether it's below or above 500 ft, the FAA is in charge of it. >> It's pretty cool how it's enforced. It's a hard ceiling. >> It um Yeah, it's
>> Well, we do have a zoning bylaw that prohibits helports. >> Okay. And so if you've got a distribution company in the industrial garden park that wants to launch drones, does that to deliver does that come under the
helport or is that something else? >> That's going to be something else. >> We can save that discussion for another day. >> Okay. >> Yeah. >> Well, again, I mean >> because as soon as it takes >> from the ground at all, it's FAA. We
have no jurisdiction whatsoever. Right. >> We can control or Yeah. landing and driving, >> right? >> Not the activities. >> That the helport basically says, "Yeah, we're not allowing any of those."
>> Um, >> I'll entertain a motion to adjurnn. >> Second. >> Second. Move. Second. Any further discussion? Nope. Hearing none. All those in favor signify by saying I. Any opposed? Any attention? None. Motion is adjourned at 7:05.