HomeMy WebLinkAbout2006-07-31 Board of Selectmen PacketJUL-28-2006 14:50 FkOM:MWRR EXECUTIVE OFC 16177884893 TO:917819429081 P:2/3
DRAFT
July 31, 2006
Mr. Peter Hechenbleikner
Reading Town Manager
10 Lowell Street
Reading, MA 01867-2685
Subject: Agreement and Commitment of MWRA Water Supply to the Town of Reading
Dear Mr. llechenbleikner:
This letter is intended to complement the Administrative Consent Order .-NE - 06-F001
(A.CO) between the Town of Reading and the Department of Environmental Protection.
The ACO requires Reading, provided it has in place an agreement and commitment to
receive all of its water from MWRA, to reduce its withdrawal from. the Ipswich River basin to
the extent feasible in order to effect the purposes of the WMA and to ensure the delivery of a fit
and pure water supply. It states that beginning July 31, 2006, Reading may receive all of its
water tram the MWRA system provided it complies with certain requirements and conditions, as
set forth in the ACO. The ACO also commits Reading to a series of actions and milestones for
submission of documents related to MEPA and.ItA regulatory reviews.
The current Water Supply Agreement between Reading and MWRA commits MW.17A to
provide Reading with 219 million gallons of water on an annual volume basis. This letter hereby
amends that Agreement to reflect the disposition and order of the ACO. More specifically,
1. MWRA agrees to immediately provide the Town of Reading an annual average of
no more than 2.1 mgd; subject to both the term duration and conditions of the
ACO between DEP and Reading.
2. Water will be provided to Reading at the prevailing rate for its metropolitan area
communities.
3. MWRA agrees to work with and support the Town of Reading in an expedited.
review to become a fully sexed MWRA water conununity. MWRA will provide
technical assistance during this review.
/ C~-, I
JUL-28-2006 14:50 FROM:MWRA EXECUTIVE OFC 16177884893 TO:917el9429081 P:3/3
4. MWRA is committed to expedited planning, design, and construction of
distribution system improvements to improve system operability and reliability in
the Northern Intermcdiate High Service Area that serves Reading.
Kindly date and execute this amendment on the below signature line and return a fully
cxccuted copy to my attention.
Since-rely,
Fredcrick A, Laskey,
Executive Director
Agrecd to and accepted this day of 2006
Town of Rcading
By:
Peter Hechenbleikner, Town Managcr
Duly Authorized
QR.aFr
I
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the matter of
)
Town of Reading ) File No.: ACO-NE-06-F001
i
ADMINISTRATIVE CONSENT ORDER
1. THE PARTIES
1. The Massachusetts Department of Environmental Protection ("MassDEP" or
"Department") is a duly constituted agency of the Commonwealth of Massachusetts established
pursuant to M.G.L. c. 21A, § 7. The Department maintains its principal office at One Winter
Street, Boston, MA 02108, and its Northeast Regional Office at 205B Lowell Street,
Wilmington, MA 01887.
2. The Town of Reading ("Reading") is a Municipality with its Town Hall located at 16
Lowell Street, Reading, MA 01867. Reading's mailing address for purposes of this Consent
Order is 16 Lowell Street, Reading, MA 01867 ATTN: Peter Hechenbleikner. Reading is
responsible for the operations of the Reading Water Department and the Louanis Water
Treatment Plant ("WTP") located on Strout Avenue in Reading, MA 01867.
II. STATEMENT OF FACTS AND LAW
3. The Department is responsible for the implementation and enforcement of M.G.L. c. 21G
and the Water Resources Management regulations at 310 CMR 36.00, and M.G.L. c. 111, § 159 et
seq., 42 U.S.C. §§300f - 300j (the Federal Safe Drinking Water Act) and the Drinking Water
Regulations at 310 CMR 22.00. The Department has authority under M.G.L. C. 21 A, § 16 and
the Administrative Penalty Regulations at 310 CMR 5.00 to assess civil administrative penalties.
4. The following facts have led the Department to issue this Consent Order:
a. Reading has nine existing water supply sources located in the Ipswich River
basin. They are as follows: Revay Well #1 (03G), Well #2 (04G), Well #3 (05G),
B Line Well (06G), Town Forest Well (07G), Well #82-20 (08G), Well #66-8
(Well 09G), Well #13 (1OG), and Well #15 (11 G).
In the Matter of: Town of Reading
ACO-NE-06-F001
Page 2
b. Reading is Registered under the Water Management Act ("WMA") to withdraw
an annual average of 2.57 million gallons per day ("mgd") of water from the
Ipswich River basin pursuant to Registration Statement #3-17-246.01 originally
issued on February 15, 1991 and renewed on January 1, 1998.
c. The Ipswich River is one of the Commonwealth's most stressed rivers, with
streamflow in the upper watershed sometimes depleted to a dry riverbed.
d. Reading's streamside wells are located along the most impacted portion of the
Ipswich River, and Reading's withdrawals have a greater direct impact on the
Ipswich River than withdrawals by any other municipality.
e. Using 2005 data as an example, Reading's raw water withdrawals from the
Ipswich River basin would have been reduced by an annual average of 1.98 mgd
if Reading had received all of its water from the MWRA System.
f. Businesses located within the Zone II of Reading's wells use hazardous materials
and generate hazardous waste, or store oil or hazardous material in above ground
or underground tanks. In addition, Interstate Route 93 crosses the-west side of the
protective Zone I area around two of Reading's wells.
g. Reading has completed the entire process to purchase up to 219 million gallons of
water from the Massachusetts Water Resources Authority ("MWRA") Water
Works System ("MWRA System") from May 1St through October 31St. This
required Massachusetts Environmental Policy Act ("MEPA") review, MWRA
approval (including approvals from both the MWRA. Board of Directors and the
MWRA Advisory Board), and approval by the General Court for Reading to
become an MWRA member community. In addition, on June 9, 2005, the Water
Resources Commission ("WRC") conditionally approved Reading's request,
under the Interbasin Transfer Act ("ITA"), to join the MWRA System. The WRC
approved Reading's purchase and limited Reading's use of Ipswich River basin
sources to 1 mgd, subject to certain exceptions and conditions.
h. Reading seeks to obtain all of its water from the MWRA System.
III. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Reading hereby
consents to., this Order:
5. The parties have agreed to enter into this Consent Order because they agree that it is in
their own interests, and in the public interest, to proceed promptly with the actions called for
herein.
ay
In the Matter of: Town of Reading
ACO-NE-06-F001
Page 3
6. The Department's authority to issue this Consent Order is conferred by the Statutes and
Regulations cited in Part II of this Consent Order.
7. Reading shall perform the following actions:
a. Provided that Reading has in place an agreement and commitment to receive its
water from the MWRA System, Reading shall reduce its withdrawal of water
from the Ipswich River basin to the extent feasible in order to effect the purposes
df the WMA and to ensure the delivery of a fit and pure water supply. Beginning.
July 31, 2006, Reading may receive all of its water from the MWRA System
pursuant to an agreement and commitment with the MWRA, provided Reading
complies with the requirements set forth below.
b. On or before August 7, 2006, Reading shall file a Notice of Project Change and,
subsequently if required, an Environmental Impact Report to the MEPA office of
the Executive Office of Environmental Affairs (`BOER") regarding Reading's
request to receive an annual average of up to 2.27 mgd of water from the MWRA
System. Such submission shall meet the requirements of M.G.L. c. 30, 61-
62H and 301 CMR 11.00. [restore "Phase I Wavier Request" and "Supplemental
Final"
c. On or before December 1, 2006, Reading shall submit a request for approval to
the WRC under the ITA to receive an annual average of up to 2.27 mgd of water
from the MWRA System. Such submission shall meet the requirements of
M.G.L. c. 21, 8B-8D and 313 CMR 4.00.
d. Reading shall exercise best efforts to obtain, within one year of the effective date of
this Consent Order, all certificates, permits and approvals related to the submissions
required by Paragraphs b and c above. Without limitation, best efforts means that:
(i) Reading's submissions shall be complete and include all the information and
documentation required by the statutes and regulations identified in Paragraphs b
and c above; and (ii) Reading shall expeditiously respond to a request(s) for
additional information or documentation including, without limitation, responding to
any such request(s) within the timeline(s) established by EOEA or the WRC.
e. Effective immediately and during the review/approval processes under MEPA and
the ITA, Reading shall not exceed an annual average of 65 residential gallons per
capita day. Should Reading exceed an annual average of 65 residential gallons per
capita day, Reading shall the following calendar year impose the restrictions on
nonessential outdoor water use (Option 1: Calendar Trigger or Option 2: Stream
Flow Trigger using USGS South Middleton Gauge Station 01101500) as set forth in
MassDEP's Guidance Document for Water Management Act Permitting Policy
effective date January 17, 2006, Section IV. Summer Limits on Withdrawals.
In the Matter of. Town of Reading
ACO-NE-06-F001
Page 4
f. Except as otherwise provided in Paragraph e above, effective immediately and
during the review/approval processes under MEPA and the ITA, Reading shall
comply with: (i) Conditions 3, 6, 8, 9, 10, 11 and 12 of the June 9, 2005 WRC
Decision; (ii) Note #2 on page 29 of the June 9, 2005 WRC Decision; and (iii)
Attachment 1, Criterion #3 of the June 9, 2005 WRC Decision. Nothing in this
paragraph shall be construed as obviating the need for Reading to comply with all of
the requirements of the June 9, 2005 WRC Decision.
Noon 7/28 revision to 7e varauraph for ACO:
Effective immediately and during the review/approval processes under
MEPA and the ITA, Reading shall: (i) receive an annual average of no
more than 2.1 mgd from the MWRA System; and (ii) withdraw from its
registered water supply sources only to the extent provided in this Consent
Order or pursuant to an emergency declaration or other MassDEP
approval under M.G.L. c. 21 G, or as allowed under other applicable law.
This requirement shall not apply following Reading's receipt of final
certificates, permits or approvals under MEPA and the ITA to purchase its
water from the N1WRA System. Nothing herein shall be construed to
allow or approve Reading's purchase of more than 219 million
gallons of water from the 1M VVRA System from May 1St through
October 31St unless in compliance with MEPA.
9.
h. In the event the volume of water that Reading is approved to receive from the
MWRA System in response to the submissions required by Paragraphs b and c
above is less than 2.27 mgd, the maximum volume Reading may withdraw.from its
registered water supply sources shall be the difference between 2.57 mgd and the
volume of water that Reading is approved to receive from the MWRA System such
that Reading's overall finished water use shall not exceed an annual average of 2.27
mgd. Such withdrawals shall be in accordance with applicable law including,
without limitation, Reading's WMA Registration and any revisions thereto. This
Consent Order shall not be construed or operate as limiting or affecting MassDEP's
authority to revise the terms and conditions of Reading's WMA Registration in
accordance with applicable law, nor shall this Consent Order be construed or operate
as limiting or affecting Reading's ability to challenge any such revision in
accordance with applicable law. '
I 6L-, (0
In the Matter of. Town of Reading
ACO-NE-06-F001
Page 5
i. In the event Reading receives all of its water from the MWRA System while the
review/approval processes under MEPA and the ITA are ongoing, Reading shall, at
a minimum, continue to:
1. Maintain its existing water supply sources as an inactive water supply, in
accordance with the Drinking Water Regulations at 310 CMR 22.00 and
the Department's 2001 Guidelines and Policies for Public Water Supplies;
2. Maintain the capacity to provide water from its existing water supply
sources in the event of an emergency, including, in accordance with
M.G.L. c. 21G and the Drinking Water Regulations at 310 CMR 22.00,
the ability to provide disinfection,;
3. Maintain its distribution system in operable condition and retain the
necessary staff to do so, in accordance with the Drinking Water
Regulations at 310 CMR 22.00;
4. Maintain or improve its ownership or control of the Zone I for its wells in
accordance with the Drinking Water Regulations at 310 CMR 22.00;
5. Maintain or improve its Zone II wellhead protection in accordance with
the Drinking Water Regulations at 310 CMR 22.00; and
6. Maintain its WTP in operable condition.
j. Within forty-five (45) days of the effective date of this Consent Order, Reading shall
submit to MassDEP for review and approval a detailed plan and implementation schedule
to ensure compliance with the requirements set forth in Paragraph i.1-6 above. Reading
shall implement the plan and schedule as approved by MassDEP. .
k. Within thirty (30) days following receipt of final certificates, permits or approvals under
MEPA and the ITA to purchase all of its water from the MWRA System, Reading shall
submit to MassDEP for its review and approval a detailed plan and implementation
schedule to address, at a minimum, the following:
1. The decommissioning and demolition of Reading's WTP in accordance
with applicable law;
2. Conversion of Reading's existing water supply sources from inactive
status to emergency status in accordance with the Drinking Water
Regulations at 310 CMR 22.00. Said plan shall include the actions
necessary for Reading to maintain the capacity to provide water from its
existing water supply sources in the event of an emergency, including the
ability to provide disinfection;
3. Maintaining or improving its ownership or control. of the Zone I for its
wells in accordance with the Drinking Water Regulations at 310 CMR
22.00; and
4. Maintaining or improving its Zone.I1 wellhead protection in accordance
with the Drinking Water Regulations at 310 CMR 22.00.
0,-~
In the Matter of: Town of Reading
ACO-NE-06-F001
Page 6
Reading shall implement the plan and schedule as approved by MassDEP.
1. In the event Reading has not received final certificates, permits and approvals with respect
to the submissions required by Paragraphs b and c above by December 31, 2007, or by a
later date agreed to by the parties, Reading shall immediately cease its receipt of water from
the MWRA System under this Consent Order. In such event, Reading shall obtain its water
from the MWRA System pursuant to the WRC's June 9, 2005 Decision and from its own
water supply sources pursuant to its WMA Registration and any revisions thereto.
8. Except as otherwise provided, all notices, submittals and other communications required by
this Consent Order shall be directed to:
Eric Worrall
MassDEP-NERD
205B Lowell Street, Wilmington, MA 01887
Such notices, submittals and other communications shall be considered delivered by Reading
upon receipt by the Department.
9. Except as otherwise provided herein, actions required by this Consent Order shall be
taken in accordance with all applicable federal, state, and local laws, regulations and approvals.
This Consent Order shall not be construed as, nor operate as, relieving Reading or any other
person of the necessity of complying with all applicable federal, state, and local laws, regulations
and approvals.
10. The Department hereby determines, and Reading hereby agrees, that the deadlines set
forth above constitute reasonable periods of time for Reading to take the actions described.
11. Reading understands, and hereby waives, its right to an adjudicatory hearing before the
Department on, and judicial review of, the issuance and terms of this Consent Order and to
notice of any such rights of review. This waiver does not extend to any other order issued by the
Department.
12. This Consent Order may be modified only by written agreement of the parties hereto.
13. The provisions of this Consent Order are severable, and if any provision of this Consent
Order or the application thereof is held invalid, such invalidity shall not affect the validity of
other provisions of this Consent Order, or the application of such other provisions, which can be
given effect without the invalid provision or application, provided however, that the Department
shall have the discretion to void this Consent Order in the event of any such invalidity.
14. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue
any additional order or to seek any other relief with respect to the subject matter covered by this
la..., 8
In the Matter of: Town of Reading
ACO-NE-06-F001
Page 7
Consent Order, or (ii) any legal or equitable right of the Department to pursue any other claim,
action, suit, cause of action, or demand which the Department may have with respect to the
subject matter covered by this Consent Order, including,'without limitation, any action to enforce
this Consent Order in an administrative or judicial proceeding. Reading reserves any rights it
may have to appeal or defend any such order, claim, action, suit, cause of action, or demand,
except that Reading shall not challenge the validity, terms and binding nature of this Consent
Order.
15. This Consent Order shall not be construed or operate as barring, diminishing,
adjudicating, or in any way affecting, any legal or equitable right of the Department or Reading
with respect to any subject matter not covered by this Consent Order.
16. Reading shall not violate this Consent Order and shall not allow or suffer Reading's
departments, boards, committees, commissions, officers, employees, agents, contractors or
consultants to violate this Consent Order.
17. Reading shall pay stipulated civil administrative penalties to the Commonwealth, as
demanded by MassDEP, in accordance with the following schedule if Reading violates any
provision of this Consent Order:
For each day, or portion thereof, of each violation, Reading shall pay stipulated civil
administrative penalties in the following amounts:
Period of Violation Penaltv Der day
1 st through 21" days $100 per day
22nd through 30th days $250 per day
31St day and thereafter $500 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs
and shall continue to accrue until the day Reading corrects the violation or completes
performance, whichever is applicable. Stipulated civil administrative penalties shall accrue
regardless of whether the Department has notified Reading of a violation or act of
noncompliance. All stipulated civil administrative penalties accruing under this Consent Order
shall be paid within thirty (30) days of the date the Department issues Reading a written demand
for payment. If simultaneous violations occur, separate penalties shall accrue for separate
violations of this Consent Order. The payment of stipulated civil administrative penalties shall
not alter in any way Reading's obligation to complete performance as required by this Consent
Order. The Department reserves its right to elect to pursue alternative remedies and alternative
civil and criminal penalties which may be available by reason of Reading's failure to comply
with the requirements of this Consent Order. In the event the Department collects alternative
civil administrative penalties, Reading shall not be required to pay stipulated civil administrative
penalties pursuant to this Consent Order for the same violations.
a,,1
In the Matter of: Town of Reading
ACO-NE-06-F001
Page 8
Notwithstanding the foregoing, the Department agrees not to assess stipulated civil
administrative penalties under this Consent Order for a violation(s) of Paragraph 7.i.6. that
occurs following final decisions by MEPA and the WRC denying Reading's request to receive
all of its water from the MWRA System.
Reading reserves whatever rights it may have to contest the Department's determination that
Reading failed to comply with the Consent Order and/or to contest the accuracy of the
Department's calculation of the amount of the stipulated civil administrative penalty.
18. Reading shall pay all stipulated civil administrative penalties due under this Consent
Order by certified check, cashier's check, or money order made payable to the Commonwealth
of Massachusetts. Reading shall clearly print on the face of its payment Reading's full name, the
file number appearing on the first page of this Consent Order, and the Reading's Federal
Employer Identification Number, and shall mail it to:
Commonwealth of Massachusetts
MassDEP
Commonwealth Master Lockbox
P.O. Box 3982
Boston, MA 02241-3982
Reading shall simultaneously mail a copy of the payment to:
Eric Worrall
MassDEP-NERD
205B Lowell Street
Wilmington, MA 01887
In the event Reading fails to pay in full any civil administrative penalty as required by this
Consent Order, then pursuant to M.G.L. c. 21A, § 16, Reading shall be liable to the
Commonwealth for up to three (3) times the amount of the civil administrative penalty, together
with costs, plus interest on the balance due from the time such penalty became due and
attorneys' fees, including all costs and attorneys' fees incurred in the collection thereof. The rate
of interest shall be the rate set forth in M.G.L. c. 231, § 6C.
19. Failure on the part of the Department to complain of any action or inaction on the part of
Reading shall not constitute a waiver by the Department of any of its rights under this Consent
Order. Further, no waiver by the Department of any provision of this Consent Order shall be
construed as a waiver of any other provision of this Consent Order.
20. Reading agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to its water supply wells, water
treatment plant and other related facilities and systems for purposes of conducting any activity
related to its oversight of this Consent Order. Notwithstanding any provision of this Consent
A-" 10
Ic
In the Matter of. Town of Reading
ACO-NE-06-F001
Page 9
Order, the Department retains all of its access authorities and rights under applicable state and
federal law.
21. The undersigned certify that they are fully authorized to enter into the terms and
conditions of this Consent Order and to legally bind the party on whose behalf they are signing
this Consent Order.
22. This Consent Order shall become effective on the date that it is executed by the
Department.
Consented To:
TOWN OF READING
By:
Peter Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
Federal Employer Identification No.:
Date:
Issued By:
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Richard J. Chalpin
Regional Director
MassDEP-NERO
~CX.." U
A RTICU, 21 - On motion by Stephen A. Goldy, member of the Board of Selectmen, and
amendments by Mark L Dockser, Precinct 1, and William R. Grace, Precinct 1, it was voted to
rescind the entirety of Section 5.6 of the Reading General Bylaws, and replace it with the
following:
5.6 Animal Control
5.6.1 Definitions
As used in this bylaw, the following words and terms have the following meanings:
5.6.1.1 ACO: The Animal Control Officer.
5.6.1.2 Banishment: An order by the Animal Control Appeals Committee
(ACAC) that a vicious dog may no longer reside or visit in the Town of
Reading.
5.6.1.3 Destruction: An order by the Animal Control Appeals Committee
(ACAC) that a vicious dog be destroyed in accordance with
Massachusetts General Laws Chapter 140, and Massachusetts Society
for the Prevention of Cruelty to Animals guidelines.
5.6.1.4 Effective Voice Control: To be under effective voice control, the animal
must be within the keeper's sight and the keeper must be carrying a
leash and the animal must refrain from illegal activities.
5.6.1.5 Keener: Any person having charge of an animal within the Town of
Reading, including but not limited to the animal's owner, dog walkers,
dog sitters, members of the animal owner's household or family.
5.6.1.6 Kennel: Four or more dogs, six months of age or older, kept on .a single
property, whether for breeding, sale, training, hunting, companionship or
any other purpose.
5.6.1.7 Kennel License: A special license issued to a kennel, which allows.
payment of a single fee covering all dogs in the kennel; with the kennel
license, the kennel owner receives a special kennel tag for each dog in
.the kennel.
5.6.1,8 License: A dog's registration, evidenced by a tag issued annually by the
Town Clerk to the owner of each dog residing in Reading and worn by
the dog securely fixed to its collar or harness.
5.6.1.9 License. Transfer: The registration issued to a dog already licensed in
another U.S. jurisdiction, after the dog moves into the Town of Reading.
5.6.1.10 License Period: Annually, from January 1 through December 31.
0.
5.6.1.11 Muzzling: Using a device that fits over a dog's mouth and prevents it
from biting, but that does not cause any injury or interfere with the
vision or respiration of the dog that wears it.
5.6.1.12 Nuisance Animal: An animal that repeatedly violates Section 5.6.3 of
this bylaw.
5.6.1.13 Permanent Restraint: An order issued by the Animal Control Appeals
Committee under Section 5.6.5.3, requiring a vicious dog's keeper to
restrain it.
5.6.1.14 Restraint: Limiting, restricting; or keeping an animal under control by
means of a physical barrier (e.g., a leash, substantial chain or line,
visible or invisible fence).
5.6.1.15 Running at Large: A dog is running at large if it is not on the private
property of its keeper, or on private property with the express permission
of that property's owner, or on a leash, or under effective voice control
(i.e., within the keeper's sight and the keeper is carrying a leash).
5.6.1.16 Temnorarv Restraint: An order issued by the ACO under Section
5.6.3.2(4), requiring the dog's keeper to restrain a nuisance dog or
suspected vicious dog for 30 days.
5.6.1.17 Vicious Dog: A dog that, without provocation, bites a human being or
. kills or maims a domestic animal without provocation.
5.6.1.18 Any word or term defined in Massachusetts General Law Chapter 140,
Section 136A, and not otherwise defined here, is incorporated by
reference.
5.6.2 Vaccination.. Licensing and Fees
5.6.2.1 Three or fewer dogs:
5.6.2.1.1 License and vaccination requirements. All dogs six months and
older, while residing in the Town of Reading, must . have a
license. To obtain or renew the license, each dog owner must
annually present proof of a current rabies vaccination. When a
veterinarian determines that vaccination is inadvisable, the owner
may present a veterinarian's certificate exempting an old or sick
dog from vaccination for a stated period of time.
5.62.1.2 New dogs: Within 30 days of acquiring a dog six months of age
or older, each dog owner in Reading must present proof of that
dog's current rabies vaccination and obtain a license and dog tag
from the Town Clerk.
5.6.2.1.3 New puppies: Within six months of a puppy being born; each
dog owner in Reading must present proof of that puppy's current
rabies vaccination and obtain a license and dog tag from the
Town Clerk.
5.6.2.1.4 New residents. A new resident who owns a dog six months of
age or older must license it within 30 days after moving into
Reading. The Town Clerk will issue each dog a transfer license,
upon the owner's surrender of a current license from another
9-?
U.S. jurisdiction and proof of current rabies vaccination. The
transfer license is valid until the next regular licensing period.
5.6.2.1.5 Lost tags/replacement tags. Dog owners must replace a lost tag
within three business days of the loss, by obtaining a replacement
tag from the Town Clerk.
5.6.2.1.6 Tag exemptions for dog events and medical reasons:
(1) A dog while actually participating in an official dog sporting or dog
fancy event (if the event sponsors do not allow participants to wear tags) is
exempt from the requirement that its license tag be affixed to its collar,
provided its keeper has the tag at the event and available for inspection by
the ACO.
(2) When a veterinarian determines that a dog cannot wear a collar for
medical reasons, the dog is exempt until it recovers from the requirement
that its license tag be affixed to its collar, provided its keeper has the tag in
his or her possession and available for inspection by the ACO.
5.6.2.1.7 Annual renewal. Dog owners must renew each dog license
annually. The annual licensing period runs from January 1
through December 31.
5.6.2.1.8 License due date/late fee. The application form for obtaining,
renewing or transferring a license shall be available to each
household no later than December 31st each year. Dog owners
must return forms and fees to the Clerk by March 31st (or the,
first business day thereafter, if March 31st falls on Saturday,
Sunday or legal holiday). Any license renewed after this date is
overdue, and the owner must pay a late fee as determined by the
Board of Selectmen in addition to the license renewal fee. The
overdue license fee and the late fee may be added to the owner's
tax bill or may be recovered through the imposition of a
municipal charges lien on any property standing in the name of
the dog owner, pursuant to Massachusetts General Laws
Chapter 40, Section 58.
5.6.2.1.9 License fees. The fees for licensing each dog shall be determined
by the Board of Selectmen. The fees shall differentiate between
neutered or spayed dogs, and not neutered or non-spayed dogs.
The fee for neutered or spayed dogs shall be less than the fee for
non- neutered or non-spayed dogs.
5.6.2.2 Four or more dogs:
5.6.2.2.1 License and vaccination requirements. Anyone who owns or
boards four or more dogs within the Town of Reading must
apply for and obtain a kennel license from the Town Clerk.
(This requirement shall not apply to medical boarding by any
licensed veterinarian practicing in the Town of Reading.) To
obtain or renew the license, the kennel licensee who is also the
owner of the dogs must present proof of current rabies
vaccinations for each dog in the kennel older than six months.
b3
When it is off the kennel property, each dog in the kennel must
wear a kennel tag, issued by the Town Clerk, affixed to its
collar or harness. Kennel licensees who offer temporary
boarding services must obtain valid proof that each dog in the
kennel that is older than 6 months has received a current rabies
vaccination which proof must be maintained in accordance with
5.6.2.2.4(6) herein.
5.6.2.2.2 New dogs and new puppies. The kennel licensee who is also the
owner of the dogs must report to the. Town Clerk each new dog.
in the kennel within 30 days of its acquisition, show proof of
current vaccination, and obtain a kennel tag for that dog. The
kennel licensee must show proof of current vaccination and
obtain a tag for each puppy when it reaches six months old.
5.6.2.2.3 Application process. Every applicant for a new kennel license
must first obtain Zoning approval 'as required by the Reading
Zoning By-Laws prior to submitting an application to the Town
Clerk on a form prescribed by the Clerk.
5.6.2.2.4 Inspection process. Before the Town Clerk can issue the kennel
license, the Health Division Animal Inspector must inspect the,
proposed kennel, file a report on the inspection, and favorably
recommend that the kennel meets all the following requirements:
(1) The location of the kennel is appropriate for housing multiple dogs.
(2) The location of the kennel on the property will have no significant
adverse effect on' the peace and quiet or sanitary conditions of the
neighborhood.
(3) The area provided for housing, feeding, and exercising dogs is no
closer than 20 feet to any lot line.
(4) The area provided for housing, feeding, . and exercising dogs is no
closer than 50 feet to any existing dwelling on an abutting lot.
(5) The kennel will be operating in a safe, sanitary and humane condition.
(6) Records of the numbers and identities of the dogs are properly kept.
(7) The operation of the kennel will be consistent with the health and
safety of the dogs and of the neighbors.
5.6.2.2.5 Periodic inspections. Before a kennel license is renewed, and at
any time they believe it necessary, the ACO and/or the Health
Division may inspect any kennel. If the ACO or the Health
Division determine that it is not being maintained in a safe,
sanitary and humane condition, or if the kennel records on the
numbers and identities of the dogs are not properly kept, the
ACO will report the violations to the Animal Control Appeals
Committee (ACAC) for a hearing on whether to impose fines or
revoke the kennel license.
5.6.2.2.6 Kennel review hearings. Within seven business days after
receiving the ACO's report of violations, the ACAC will notify
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all interested parties of a public hearing to be held within 14 days
after the notice date. Within' seven business days after the public
hearing, the ACAC shall either revoke the kennel license,
suspend the kennel license, order compliance, or otherwise
regulate the kennel.
(1) Any person maintaining a kennel after the kennel license has been
denied, revoked, or suspended will be subject to the penalties in Section
5.6.7 of this bylaw.
5.6.2.2.7 Annual renewal. Each kennel licensee must renew the license
annually at the Town Clerk's Office. The annual licensing period
runs from January 1 to December 31.
5.6.2.2.8 License due date. Kennel license renewal forms will be sent to
each licensed kennel no later than December 1 each year. Kennel
licensees must return forms and fees to the Town Clerk by
January 15 (or the first business day thereafter, if the 15th falls
.on Saturday, Sunday or legal holiday). Failure to pay on time
will result.in a late fee, due in addition to the license fee. The
overdue license fee and the late fee may be added to the
licensee's tax bill or may be recovered through the imposition of
a municipal charges lien on any property standing in the name of
the kennel licensee, pursuant to Massachusetts General Laws
Chapter 40, Section 58. Nothing in this bylaw shall prevent or
abrogate the Board of Health's authority to license and inspect
kennels in the Town of Reading.
5.6.2.2.9 Fees. The fees for licensing each kennel shall be established by
the Board of Selectmen.
5.6.2.2.10 Incorporation. The following provisions of Massachusetts
General Laws Chapter 140 are expressly incorporated herein:
Section 137B - Sale or other delivery of unlicensed dog by
kennel licensee; Section 137D - Licensee convicted of violation
of statutes relating to offenses against animals; and Section 138A
- Importation of dogs and cats for commercial resale, etc:
5.6.3 Conduct of Animals
5.6.3.1 Endangering safety. No animal keeper shall allow its animal to bite,
menace or threaten, all without provocation, so as to endanger the safety of any
person. This section is not meant to preclude an animal from acting as a watchdog
on its keeper's property.
5.6.3.2 Disturbing the peace. No animal keeper shall allow the animal to disturb
the peace of any neighborhood by making excessive noise without
provocation. Noise is excessive if it is uninterrupted barking, yelping,
whining, or howling for a period of time exceeding 15 minutes. This
section is not meant to preclude a dog from acting as a watchdog on its
keeper's property.
5.6.3.3 Damaging property; No animal keeper shall allow the animal to damage
public or private property or realty.
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5.6.3.4 Running at large. When not on the private property of its keeper, or on
private property with the express permission of that property's owner, an
animal must be. on a leash or may be under effective .voice control in
locations noted below. To be under effective voice control, the animal
must be within the keeper's sight and the keeper must be carrying a leash.
(1) Voice control (in place of leash control) allowed. A dog may be under voice
control when within the Town Forest or on Conservation lands.
(2) Public gatherings - leash control only. An animal may, be at any public
gathering not otherwise specified in this bylaw only if it is on a six-foot or shorter
leash and the animal must refrain from illegal activities.
(3) School grounds - animals not allowed during school/leash control only at other
times. Unless the school Principal gives permission in advance, no animal may be
on school grounds from 30 minutes before classes begin until 30 minutes after
classes end. At all other times, the animal may be on school grounds only if it is
on a six-foot or shorter leash. An animal is not violating this prohibition if it
remains within a vehicle.
(4) Exception for assistance animals, (service animals). Section 5.6.3.4 does not
apply to any properly trained assistance animal or service animal while
performing its duties.
5.6.3.5 Chasing. No animal keeper shall allow the animal to chase a person,
motor-powered vehicle, human-powered vehicle, or animal drawing or
carrying a person.
5.6.3.6 Dog litter. Every dog keeper is responsible for expeditiously removing any
dog feces the dog deposits anywhere except on its keeper's private
property, on other private property with the property owner's permission.
This provision does not apply to any assistance dog or service dog while it
is performing its duties.
5.6.4 Animal Control Officer
5.6.4.1 Appointment. The Town Manager shall appoint an Animal Control Officer
(ACO) under the provisions of Massachusetts General Laws Chapter 140,
Sections 151 and 151A to carry out the provisions of this bylaw and to
perform such other duties and responsibilities as the Town Manager or his
designee may determine.
5.6.4.2 Duties. The ACO's duties shall include but not be limited to the following:
(1) Enforcement of the Town of Reading Animal Control Bylaws and relevant
State regulations.
(2) Explanation of bylaw violations.
(3) Notification to the owner of unlicensed dogs.
(4) Issuance of Temporary restraint orders. The ACO shall issue an order of
temporary restraint to the keeper of any animal that is a nuisance or that is
awaiting a decision under Section 5.6.6 as to whether it is vicious. An order of
temporary restraint is an order that the animal must be confined to its keeper's
property when not on a 6-foot or shorter leash or may be ordered to be sheltered at
a local kennel or veterinarian facility at the animal owner's expense; muzzling
will be at the ACO's discretion. It shall be in force for no more than 30 days
unless the ACO renews it in writing for subsequent 30-day periods. The ACO
shall rescind or stop renewing the order when, in the ACO's judgment, restraint is
no longer required. The animal's keeper can petition the Animal Control Appeals
Committee (ACAC) under Section 5.6.5.2 to rescind the order of temporary
restraint.
(5) Issuance of an order of confinement. The ACO may .make arrangements for
the temporary housing of any animal that is to be confined under the provisions of
this bylaw. The housing may be at local veterinary clinics, or at dog kennels
within the Town or neighboring towns, and shall be at the animal owner's
expense.
(6) Complaint resolution. The ACO shall investigate all complaints arising within
the Town pertaining to violations of this bylaw and try to mediate disputes
between Town residents pertaining to the behavior of an animal maintained or
located within the Town. If the mediation fails, the ACO will decide on a solution
and inform the animal owner and any resident that brought a complaint or problem
to the ACO's attention. Any party aggrieved by or disagreeing with the ACO's
decision may appeal that decision to the Animal Control Appeals Committee; the
ACO shall attend the meetings of the ACAC on the matter.
(7) Recordkeeping. The ACO shall keep accurate, detailed records of the
confinement and disposition of all animals held in custody and of all bite cases
reported, and the results of investigations of the same. The ACO shall maintain a
telephone log of all calls regarding animals and 'submit a monthly report
summarizing the log to the ACAC.
5.6.5 Animal Control AD-oeals Committee (ACAC)
5.6.5.1 Composition of the ACAC. The Animal Control Appeals Committee is
comprised of three Reading residents, none of whom can be employees of
the Town,. appointed to three-year overlapping terms by the Board of
Selectmen. The ACAC will annually select a member to serve as the
Chair. At least one of the three members must be a dog owner.
5.6.5.2 Right to appeal. When the Animal Control Officer has investigated a
complaint regarding an animal's behavior and has issued a fording or an
order of temporary restraint with which either the animal's keeper or the
complainant disagrees, then either party may appeal by sending a written
request to the Town Clerk within 10 business days after issuance of the
ACO's decision. Following the Clerk's receipt of a written appeal, the
ACAC shall hold a public hearing on the appeal within 14 days, at which
the dog owner, the complainant, and the ACO must appear.
5.6.5.3 Findings and further appeals. The ACAC shall vote at the public hearing
on whether to uphold, reverse, or modify the ACO's decision and shall
mail its ruling to the animal owner, complainant, and ACO within three
business days after the public hearing.
5.6.5.4 Hearings. The ACAC shall hold public hearings and make decisions on
any vicious dog declaration under Section 5.6.6.
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5.6.5.5 Further Appeals. An appeal from a decision of the ACAC may be made
by either the Owner or Complainant.
5.6.6 Vicious DoLs
5.6.6.1 Declaring a dog vicious. Any dog that, without provocation, bites a
human being or kills. or maims a domestic animal without provocation
may be declared vicious by the ACAC. An exception may be made for a
puppy (animal under six months old) that draws blood, or for a dog that
attacks or bites an unaccompanied domestic animal on the dog keeper's
property.
5.6.6.2 Procedure for declaring a vicious dog. Upon the written complaint of the
ACO, any other public safety agent, or upon the petition of not less than.
five individuals from five separate households the Animal Control
Appeals Committee (ACAC) shall hold a public hearing, after which it
will determine whether it should declare a dog vicious and, if so declared,
what remedy is appropriate.
5.6.6.3 Exceptions. A ,dog shall not be declared vicious if the ACAC determines
any of the following:
(1) :The person's skin was not broken.
(2) The person who was bitten was willfully trespassing, committing a
crime, or attempting to commit a crime on the premises occupied by the
dog's keeper.
(3) The dog was being teased, tormented, abused, or assaulted by the
injured person or animal prior to attacking or biting.
(4) The dog was protecting or defending a human being in its immediate
vicinity from attack or assault.
5.6.6.4 Remedies. Upon its finding that the dog is vicious, the ACAC shall order
one of the following remedies: permanent restraint, banishment, or
destruction in accordance with MSPCA guidelines.
(1) Permanent restraint order is an order that the dog must at all, times
while on its keeper's property be kept within the keeper's house or a
secure enclosure. The secure enclosure shall be a minimum of five feet
wide, 10 feet long, and five feet in height, with a horizontal top covering
the entire enclosure; shall be constructed of not less than 9 gauge chain
link fencing; the floor shall be not less than three inches of poured
concrete; with the bottom edge of fencing, embedded in the concrete;
shall be posted with a clearly visible warning sign including a warning
symbol; must contain and provide protection from the elements; and shall
comply with all applicable building codes and with the Zoning By-Laws
of the Town of Reading. In addition, the keeper of the dog shall annually
provide proof to the Town Clerk of a liability insurance policy of at least
one hundred thousand dollars ($100,000) for the benefit of the public
safety; whenever the dog leaves its keeper's property, it must be muzzled
and restrained on a lead no longer than six feet or confined in an escape-
proof enclosure.
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(2) Banishment is an order that a vicious dog may no longer reside or
visit in the Town of Reading. (A vicious dog that is confined to a vehicle
while passing through Reading is not "visiting" and therefore is not in
violation of the order. of banishment.)
(3) Destruction is an order that the dog be destroyed in accordance with
Massachusetts General Laws Chapter 140, and Massachusetts Society for
the Prevention of Cruelty of Animals guidelines.
5.6.1 Penalties
5.6.7.1 Fines. Any animal keeper who maintains a kennel after the kennel,license
has been denied, revoked or suspended, or who fails to obtain a kennel
license; and any animal keeper who fails to comply with Section 5.6.3
Conduct of Animals shall be subject to.penalties as determined.by the
Animal Control Appeals Committee, not exceeding $300 per day for
every day of the violation.
5.6.7.2 Reimbursement of costs. If the Animal Control Officer confines a dog
and the animal owner does not pay all fees directly to the kennel or
veterinary clinic, then the dog's keeper must reimburse the Town of
Reading for any expenses incurred in boarding that dog. If the dog has
not been licensed, the keeper must obtain a license and pay any
applicable late fee before the dog can be released.
5.6.7.3 Penalties for violating restraint orders. The ACAC shall determine a
schedule of penalties not exceeding $300 per day for each and every
violation of restraint orders.
5.6.8 Miscellanv
5.6.8.1 Non criminal disposition of violations. The ACO may, as an alternative
to initiating criminal proceedings, initiate and pursue proceedings for the
non-criminal disposition of any violation of this bylaw, in accordance
with the provisions of Massachusetts General Laws Chapter 40,
Section 21D, to the extent of the specific penalty provided therefore.
5.6.8.2 Incorporation of State law. The provisions of Massachusetts General Laws
Chapter 140, Sections 136A through 156 and 158 through 174D,
inclusive, as may be amended from time to time and except as modified
herein, are hereby incorporated into this bylaw.
5.6.8.3 Severability. The - invalidity of one or more sections, subsections,
paragraphs, sentences, clauses, or provisions of this bylaw shall not
invalidate or impair any other part of this bylaw nor invalidate the bylaw
as a whole.
A true copy. Attest:
Cheryl A. Johnson
Town Clerk
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