Dog Control and Licensing Bylaw
Accepted at the Special Town Meeting held on November 18, 2019 (Article 3)
Approved by the Attorney General's Office 2/14/2020. Effective 2/18/2020.
Section 1: Dog Regulation & Licensing To Be Governed By State Law
a) The town shall implement to the fullest extent possible the provisions of sections 136A through 174E of chapter 140 of the General Laws, as may be amended from time to time, as concerns the licensing and regulation of dogs and dog kennels, and, where applicable, cats and ferrets. The provisions of this bylaw shall be interpreted in accordance with said sections of chapter 140 of the General Laws, including the defined terms contained therein. In the event of any conflict between any part of this bylaw and any provision in sections 136A through 174E of chapter 140 of the General Laws, the provisions of the General Laws shall prevail.
b) For purposes of implementing sections 136A through 174E of chapter 140 of the General Laws, the “hearing authority” as stated in the General Laws shall be a “hearing officer” designated by the Board of Selectmen, such hearing officer may be an animal control officer or any other officer or employee of the town in any department under the jurisdiction of the Board of Selectmen.
Section 2:
No person owning or keeping any dog in the Town of Paxton shall permit the animal to go at large to the injury or nuisance of others or to constitute a nuisance or danger in any other way. Any dog shall be deemed at large if said dog is outside the boundaries of the property of its owner or keeper and not under the direct care and control of a person demonstrating the ability to properly care and control the animal.
Section 3: Definitions
“Animal Control Officer” (ACO) means a person appointed annually by the Board of Selectmen as further defined in Section 151 of chapter 140 of the General Laws and duly authorized to enforce sections 136A to 174E, inclusive, of chapter 140 of the General Laws and this bylaw.
“Go at large” any dog shall be deemed at large if said dog is outside the boundaries of the property of its owner or keeper and not under the direct care and control of a person demonstrating the ability to properly care and control the animal.
“Nuisance Dog” shall be defined by section 136A of chapter 140 of the General Laws.
“Kennel” a pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel. (MGL c. 140, § 136A) [MGL c. 140:136A]
“Personal Kennel” a pack or collection of more than 4 dogs 3 months or older, owned or kept under a 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, barter or distribute a dog not bred from its personally-owed 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. (MGL c.140, §136A) [MGL c.140:136A]
“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. (MGL c. 140, §136A) [MGL c. 140:136A]
“Domestic Charitable Corporation Kennel” a facility operated, owned or maintained by a domestic charitable corporation registered with the Massachusetts Department of Agriculture Resources 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. (MGL c. 140, §136A) [MGL c.140:136A]
“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 or 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. (MGL c.140, §136A) [MGL c.140:136A]
Section 4:
All dogs six months or older in the Town of Paxton shall be licensed by the Town Clerk annually beginning January 1st and not later than March 31st of each calendar year. Upon receipt of payment of the licensing fee, the Town Clerk shall issue a license and a tag. The tag, along with the current rabies tag, shall be worn by the dog on a collar or harness when the dog is off its owner’s or keeper’s property. The License Period shall be January 1 to December 31 of each calendar year.
Section 5: License Fees – Annual License fees for all dogs shall, except as otherwise provided is as follows:
(a) The fee for every dog license shall be:
Ten dollars ($10.00) for every spayed or neutered dog
Fifteen dollars ($15.00) for every intact (unspayed or unneutered) dog
There shall be no license fee for “service dogs” as defined by the Americans with Disabilities Act or regulations promulgated thereunder.
Proof of spaying or neutering shall be shown at time of licensing.
(b) Charge for lost tags:
The charge for replacing lost dog tags shall be $1.00
(c) Transfer License Fee, as further defined by MGL, Ch.140: Section 146:
The charge for a Transfer License shall be $3.00
(d) License fee waived for a dog owner 70 years or above however, the dog must be licensed. A late fee is not waived if dog is not licensed by April 1st.
(e) Kennel License fees: The fee for each kennel license shall be as follows:
Seventy-Five dollars ($75.00) for kennels with up to 5 dogs;
Seventy-Five dollars ($75.00) plus licensing amount for each dog over 5 dogs but no more than 10 dogs;
One Hundred Dollars ($100.00) for Commercial Kennels, not to exceed fifteen (15) dogs; and
One Hundred Fifty Dollars ($150.00) for Commercial Kennels of fifteen (15) or more dogs.
Section 6: Late Fees/Fines
(a) Any person who is the owner or keeper of a dog in the Town of Paxton and who fails to license said dog by the April 1st deadline in any year, shall be subject to a late fee of ten dollars ($10.00) per dog. If a dog is not licensed by July 1st, a late fee of fifty dollars ($50.00) per dog is to be payable to the Town Clerk upon demand by the Animal Control Office, in addition to license fee.
(b) Except as otherwise noted in sections 136A through 174E of chapter 140 of the General Laws, any owner found in violation of Section 4 shall be subject to a non-criminal violation enforced by the Animal Control Officer, according to the following schedule:
- First Offense: $50.00 if not paid by July 1st
- Second Offense: $25.00 if not paid by August 1st
- Subsequent Offense: $50.00
(c) Except as otherwise noted in sections 136A through 174E of chapter 140 of the General Laws, any owner found in violation of Section 2 shall be subject to a non-criminal violation, enforced by the Animal Control Officer, according to the following schedule:
- First Offense: $25.00
- Second Offense: $25.00
- Subsequent Offense: $50.00
(d) Except as otherwise noted in sections 136A through 174E of chapter 140 of the General Laws, any owner found in violation of Chapter 140 Section 145B (regarding rabies) of the General Laws shall be subject to a non-criminal violation, enforced by the Animal Control Officer, according to the following schedule:
- First Offense: $25.00
- Second Offense: $25.00
- Third Offense: $50.00