Animal Control Code Of Ordinances 

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Adopted, January 9, 1986

Effective, February 1, 1986

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Published in 1986 by Order of the City Council,
First Republication in 1996 by Order of the City Council,
Second Republication in 2002 by Order of the City Council,
Third Republication in 2006 by Order of the City Council

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CURRENT OFFICIALS
OF THE
CITY OF PEABODY

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Edward A. Bettencourt, Jr.
Mayor

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Arthur W. Athas
Robert B. Driscoll
David R. Gamache
Michael V. Garabedian
Thomas L. Gould
David C. Gravel
James K. Liacos
Anne M. Manning-Martin
Rico E. Mello
Barry P. Osborne
Barry C. Sinewitz
City Council

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Michael T. Smerczynski
City Solicitor

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Timothy E. Spanos
City Clerk

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PREFACE

This Code constitutes a complete recodification of the ordinances of the city of a general and permanent nature.

Source materials used in the preparation of the Code were the 1969 Code, and ordinances subsequently adopted by the Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables appearing in the back of this volume, the reader can locate any section of the 1969 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.

The Code was republished in 1996 with the inclusion of ordinances received for codification subsequent to the publication of Supplement No. 7 to the 1986 publication, and this republication constituted a replacement volume to the prior Code.

The Code has been republished a second time in 2002 with the inclusion of ordinances received for codification subsequent to the publication of Supplement No. 1 to the 1996 republication through and including Ord. No. 28-2001, adopted December 20, 2001, and this republication constitutes a replacement volume to the prior Code.

The Code was again republished for a third time in 2006 with the inclusion of ordinances received for codification subsequent to the second republication through and including Ord. No. 08-06, adopted April 25, 2006, and this republication constitutes a replacement volume to the prior Code.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 3 is numbered 3-1 and the fourth section of Chapter 6 is 6-4. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 5-4 and 5-5 is desired to be added, such new sections would be numbered 5-4.1, 5-4.2, and 5-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 9 and 10, it will be designated as Chapter 9.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number shall be assigned to the new article or division.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into this Code, may be cited as a part hereof.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication of this Code was under the direct supervision of Alyce A. Whitson, Supervising Editor of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher’s staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Lawrence J. O’Keefe, City Solicitor, Dennis Healey, Assistant City Solicitor, Daniel B. Kulak, Assistant City Solicitor and Natalie A. Maga, City Clerk for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City’s affairs.

The first, second and third republications of the Code were under the direct supervision of Robert S. Hornyak, Editor, and credit is gratefully given to the other members of the publisher’s staff for their able assistance throughout these two projects.

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code for the City of Peabody, Massachusetts; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Manner of Amending and Supplementing Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Peabody, as Follows:

Section 1.  The Code of Ordinances, consisting of Chapters 1 to 31, each inclusive, is hereby adopted and enacted as the “Code of the City of Peabody, Massachusetts,” which Code shall supersede all general and permanent ordinances of the municipality adopted on or before May 15, 1984, to the extent provided in section 2 hereof.

Section 2.  All provisions of the Code shall be in full force and effect from and after February 1st, 1986, and all ordinances of a general and permanent nature of the municipality adopted on final passage on or before July 8, 1985, and not included in the Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of the Code.

Section 3.  The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4.  Unless another penalty is expressly provided, a violation of any provision of the Code, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punished by a fine of not more than three hundred dollars ($300.00) as provided in Section 1-10 of the Code.

Section 5.  Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the Council to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include such additions and amendments.

Section 6.  In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and in Section 1-10 of the Code shall apply to the section, as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 7.  Any ordinance adopted after May 15, 1984, which amends or refers to ordinances which have been codified in the Code, shall be construed as if it amends or refers to like provisions of the Code.

Section 8.  That the publication of this ordinance is also subject to Section 32A of Chapter 40 of the General Laws accepted by the City Council on April 27, 1967.

Section 9.  This ordinance and the Code adopted hereby shall become effective February 1, 1986.

Introduced       December 12, 1985

Ordered Published       December 12, 1985

Publication       December 19, 1985

Adopted       January 9, 1986

Publication of Adoption       January 27, 1986

Submitted to His Honor the Mayor, January 13, 1986

Approved by His Honor the Mayor, January 13, 1986

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(Honorable Peter Torigian, Mayor)

Attest  _____
(Natalie A. Maga, City Clerk)