[HISTORY: Adopted by the Town of Bolton 5-7-2012 ATM by Art. 10 (Section
1.9, 1.9.1, 1.9.4 and 1.9.5, of the Town Bylaws). Amendments noted
where applicable.]
[Amended 5-4-1981 ATM by Art. 12; 5-2-1994 ATM by Art. 14; 5-5-1997
ATM by Arts. 37 and 38; 12-13-1999 ATM by Art. 11; 5-1-2000 ATM by Art. 20; 11-9-2001 ATM by Art.
13; 5-6-2002 ATM by Art. 17; 5-5-2008 ATM by Art. 10; 5-4-2009
ATM by Art. 9]
[Amended 5-6-2013 ATM by Art. 11]
The Town of Bolton adopts this Dog and Kennel Bylaw in accordance
with, and to conform with, MGL c. 140, §§ 136A
through 174E.
[Amended 5-6-2013 ATM by Art. 11]
For the purposes of this bylaw, the following terms shall have
the meanings indicated:
Aggressive physical contact initiated by an animal.
An establishment used for boarding, holding, day care, overnight
stays or training of animals that are not the property of the owner
of the establishment at which such services are rendered in exchange
for consideration and in the absence of the owner of any such animal;
provided, however, that "commercial boarding or training kennel" shall
not include an animal shelter or animal control facility, a pet shop
licensed under MGL c. 129, § 39A, a grooming facility operated
solely for the purpose of grooming and not for overnight boarding
or an individual who temporarily, and not in the normal course of
business, boards or cares for animals owned by others.
An establishment, other than a personal kennel, engaged in
the business of breeding animals for sale or exchange to wholesalers,
brokers or pet shops in return for consideration.
A dog that either:
A facility operated, owned or maintained by a domestic charitable
corporation registered with the department or an animal welfare society
or other nonprofit organization incorporated for the purpose of providing
for and promoting the welfare, protection and humane treatment of
animals, including a veterinary hospital or clinic operated by a licensed
veterinarian, which operates consistent with such purposes while providing
veterinary treatment and care.
A pack or collection of dogs on a single premises, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel.
A dog that:
By excessive barking or other disturbance, is a source of annoyance
to a sick person residing in the vicinity; or
By excessive barking, causing damage or other interference,
a reasonable person would find such behavior disruptive to one's quiet
and peaceful enjoyment; or
Has threatened or attacked livestock, a domestic animal or a
person, but such threat or attack was not a grossly disproportionate
reaction under all the circumstances.
A pack or collection of more than four dogs, three months
old or older, owned or kept under single ownership for private personal
use; provided, however, that breeding of personally owned dogs may
take place for the purpose of improving, exhibiting or showing the
breed or for use in legal sporting activity or for other personal
reasons; provided, further, that selling, trading, bartering or distributing
such breeding from a personal kennel shall be to other breeders or
individuals by private sale only and not to wholesalers, brokers or
pet shops; provided, further, that a personal kennel shall not sell,
trade, or barter or distribute a dog not bred from its personally
owned dog; and provided, further, that dogs temporarily housed at
a personal kennel, in conjunction with an animal shelter or rescue
registered with the department, may be sold, traded, bartered or distributed
if the transfer is not for profit.
[Amended 10-16-2013 STM
by Art. 3}
Any dog off premises of its owner or keeper, and not under
the direct control of a person demonstrating the ability to properly
control the dog.
A veterinary hospital or clinic that boards dogs for reasons
in addition to medical treatment or care; provided, however, that
"veterinary kennel" shall not include a hospital clinic used solely
to house dogs that have undergone veterinary treatment or observation
or will do so only for the period of time necessary to accomplish
that veterinary care.
[Amended 5-6-2013 ATM by Art. 11]
At no time shall a person owning or keeping a dog in the Town
allow such dog to:
Every person owning or keeping a dog that is six months old
or older shall obtain a dog license from the Town Clerk, and every
person maintaining a kennel shall obtain a kennel license from the
Town Clerk, as required by MGL c. 140, §§ 137
and 137A. Every such dog and kennel license shall be valid for one
year beginning on April 1 and ending on March 31. Each license shall
contain the name, address, and telephone number of the owner or keeper
of the dog, and such other information as the Town Clerk deems appropriate;
in addition, each kennel license shall include the number of dogs
maintained in the kennel. Each license shall be issued upon the condition
that the owner or keeper shall comply with the provisions of this
bylaw and any law, rule, or regulation relating to the ownership and
control of dogs.
[Amended 5-6-2013 ATM by Art. 11; 5-3-2021 ATM by Art. 10]
As allowed by MGL c. 140, § 173, all owners or keepers
of dogs kept in the Town of Bolton, who on the first day of May of
each year have not licensed said dog or dogs as prescribed by MGL
c. 140, §§ 127 and 137A, and this bylaw shall be required
to pay an additional fee of $25 per dog, payable to the Town of Bolton.
If still unlicensed, uncollared, and untagged after June 1, a fine
of $50 per dog shall be imposed. The Select Board shall, by June 11,
issue a warrant directing the Animal Control Officer to seek out,
catch, and confine all such dogs; and to enter and prosecute a complaint
in District Court against the owners or keepers, if known, of said
dogs, in accordance with MGL c. 140, § 151A.
Every holder of a kennel license shall maintain the kennel in
a sanitary and humane manner, and shall keep a record of all dogs
kept in the kennel, including their license numbers.
[Amended 5-3-2021 ATM by Art. 10]
The Select Board, the Chief of Police, or the Animal Control Officer, or their designees, may at any time inspect, or cause to be inspected, any kennel licensed under these kennel provisions, and if, in their judgment, the kennel is not being maintained in a sanitary or humane manner, or if records are not properly kept as required by this bylaw or other applicable law, or if the kennel is in violation of any provision of this Article I, the Select Board shall by order revoke or suspend, and, in the case of suspension, may reinstate, such license.
[Amended 5-6-2013 ATM by Art. 11]
Violations of this Article I and Article II, § 110-9, or MGL c. 140, §§ 136A through 174D, shall be subject to impoundment of the animal by the Animal Control Officer, and/or a fine upon the owner or keeper of a dog or livestock so found to be at large, dangerous or a public nuisance; and/or by criminal or noncriminal disposition as provided in MGL c. 140, §§ 151A, 157, 157A, and 173A. Such fines shall not be more than $25 for the first offense, not more than $50 for the second offense, and not more than the maximum allowed by law for subsequent offenses. Any violation resulting in impoundment shall also require payment to the Town of Bolton of a pickup fee of $10, plus normal boarding fees.
[Amended 11-19-2001 STM by Art. 12; 5-2-2022 ATM by Art. 11]
No livestock, including but not limited to horses, swine, sheep,
goats, cattle, fowl/poultry or llamas, shall be allowed to run at
large in any roadway of the Town.
No person shall tie a horse or other animal to any tree, nor to any structure protecting such tree, in the public streets of the Town. The provisions of this section may be enforced by noncriminal disposition pursuant to Chapter 1, General Provisions, Article III, § 1-5, of the Code of the Town of Bolton.
