[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:
ATTACK
Aggressive physical contact initiated by an animal.
COMMERCIAL BOARDING OR TRAINING KENNEL
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.
COMMERCIAL BREEDER KENNEL
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.
DANGEROUS DOG
A dog that either:
A. 
Without justification, attacks a person or domestic animal causing physical injury or death; or
B. 
Behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.
DOMESTIC CHARITABLE CORPORATION KENNEL
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.
KENNEL
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.
NUISANCE DOG
A dog that:
A. 
By excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or
B. 
By excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or
C. 
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.
PERSONAL KENNEL
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}
RUNNING AT LARGE
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.
VETERINARY KENNEL
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:
A. 
Be unlicensed, uncollared, or untagged;
B. 
Be a dangerous dog;
C. 
Be a nuisance dog;
D. 
Interfere with or disrupt organized school or public activities;
E. 
Interfere with the use of a public right-of-way;
F. 
Chase moving vehicles; or
G. 
Run at large.
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.