Leasing … The mayor or board of selectmen shall immediately submit to the commissioner the names, addresses and dates of hire of such animal control officers. This site is not a law firm and cannot offer legal advice. Among the provisions include licensing laws, dangerous dog laws, and rabies vaccination provisions. (e) A dog or cat sold in the commonwealth by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating the date and type of each vaccine administered to each such dog or cat. The police commissioner of the city of Boston and each city or town clerk shall make a record of the name of the owner or keeper of each dog licensed and the name, registered number and description of each dog licensed. § 161A. Section 174E: Chaining or tethering dog; confinement; restrictions; penalty Section 174E. Election of remedy by person damaged, § 167 . § 21A. § 139. Nov. 7, 2018. Credits Amended by St.1934, c. 320, § 32; St.2012, c. 193, § 41, eff. Credits Added by St.1983, c. 631, § 8. Persons authorized or directed by section 4 of chapter 51 or by a special law, to make lists of residents 3 years of age or older shall make a list of all dogs owned by the inhabitants at the time of making such lists and shall annually return the same, in duplicate, to the city or town clerk or to the police commissioner in the city of Boston. Damages caused by dogs and paid by county; compensation for appraisers. 137 to 175. Any deposit not claimed under this section shall be used only for the following purposes: (1) a public education program to prevent overpopulation of dogs or cats; (2) a program to spay or neuter dogs or cats; (3) a follow up program to assure that animals sold or given away by the shelter are spayed or neutered; or. The cable must be mounted at least 4 feet but not more than 7 feet above ground level; and. § 20. (d) This section shall not apply to a dog or cat housed in a research institution. If a dog or cat is imported into the commonwealth with an official health certificate that reflects that the dog or cat is not currently vaccinated for rabies, the dog or cat shall be vaccinated as required under section 145B of chapter 140. Each research institution licensed under this chapter shall before such license issues pay to the commissioner of public health a license fee of fifty dollars. A person owning, keeping or possessing a dog shall not allow, permit or consent to such dog chasing, hunting, molesting, attacking or killing a deer. Upon application for a license, a city or town clerk shall require a certificate from the veterinarian who spayed or neutered the dog as proof that the dog is spayed or neutered; provided, however, that if the city or town clerk is satisfied that the certificate of the veterinarian who spayed or neutered the dog cannot be obtained, the clerk may instead accept a receipt of a bill from the veterinarian who performed such procedure or a statement signed under the penalties of perjury by a veterinarian registered and practicing in the commonwealth describing the dog and stating that the veterinarian has examined the dog, which appears to have been spayed or neutered and incapable of propagation. (f) A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Lists of dogs; refusal to answer person listing dogs; false answers. Massachusetts Dog Law Liability Statute. (c) A dog or cat purchased within the commonwealth for resale by a commercial establishment or pet shop shall be accompanied by an official health certificate. The license shall authorize members of the licensee to shoot and kill with firearms, under the supervision of an environmental police officer of the division of law enforcement except that, in the case of such a field trial conducted on property under the ownership or control of the division, under the supervision of an employee of the division, pheasants, quail, chukar partridge, mallard ducks, or other species authorized by the director, which are propagated or legally acquired by members of the licensee, and released by members of the licensee at the field trial held at the time and place specified in the license. Amended by St.2018, c. 219, § 16, eff. Chapter 140. (e) This section shall not apply to a dog, cat or ferret housed in a research institution. Fees; certificate or statement that dog has been spayed; dogs serving blind persons; dogs owned by persons aged 70 or over; dogs serving deaf persons; refunds. The shelter may make appropriate arrangements for the spaying or neutering of such dog or cat by a licensed veterinarian, or may return the deposit to the person purchasing or receiving the dog or cat upon presentation of a written statement or receipt from a veterinarian or clinic that the dog or cat has been spayed or neutered by a licensed veterinarian. Notwithstanding any general or special law to the contrary, the effective date of this section shall be January 1, 2010. Upon the petition of 25 citizens, filed with the mayor of a city, the selectmen of a town or the police commissioner in the city of Boston setting forth a statement that such citizens are aggrieved or annoyed to an unreasonable extent by a dog maintained in such city or town due to excessive barking or other conditions connected with a kennel constituting a nuisance, the mayor, selectmen or police commissioner, as the case may be, shall, within 7 days after the filing of the petition, give notice to all parties in interest of a public hearing to be held within 14 days after the date of such notice. Both the ADA and the Massachusetts Service Animal Laws are put in place to protect those individuals with physical, mental, or emotional disabilities. Administration of the Government. CreditsAmended by St.1992, c. 133, § 496; St.2012, c. 193, § 43, eff. Credits Amended by St.1934, c. 320, § 10; St.1941, c. 133, § 1; St.2012, c. 193, § 18, eff. Unfair hunting practices prohibited. Examples of service animals that must be allowed into public accommodations under the ADA include: hearing dogs… 192; 2016, 176, Sec. Violation of dog control laws; non-criminal disposition. “Keeper”, a person, business, corporation, entity or society, other than the owner, having possession of a dog. “Licensing authority”, the police commissioner of the city of Boston and the clerk of any other municipality. The fine for a third offense shall be $300. There is an exception if damage was sustained to a person who was trespassing or teasing a dog. Official health certificate requirement for dog or cat brought or shipped into commonwealth; purchase of animal for resale; vaccination record; devocalization prohibited, § 47. This section shall not apply to a person to whom a valid kennel license has been issued. Credits Amended by St.1934, c. 320, § 5; St.1939, c. 23; St.1941, c. 132; St.1956, c. 44, § 2; St.1962, c. 35, § 1; St.1966, c. 535, § 11; St.1971, c. 19; St.1983, c. 59; St.1983, c. 585, § 6; St.2002, c. 369; St.2004, c. 505, eff. (f) No commercial establishment, pet shop, firm, corporation or person shall sell a dog or cat that has been surgically devocalized, as defined in section 80 ½ of chapter 272, unless written notice that such devocalization has been conducted on the animal is provided to a prospective purchaser before the purchaser enters into an agreement to purchase that animal. <[ Text of section effective until January 15, 2020. For the purposes of this subsection, “cruel conditions and inhumane chaining or tethering” shall include, but not be limited to, the following conditions: (1) filthy and dirty confinement conditions including, but not limited to, exposure to excessive animal waste, garbage, dirty water, noxious odors, dangerous objects that could injure or kill a dog upon contact or other circumstances that could cause harm to a dog's physical or emotional health; (2) taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog; and. Chaining or tethering dog to stationary object; confinement; restrictions; penalty. Treble damages for injuries caused by dogs ordered to be restrained, § 160 . (b) An animal control officer shall not be a licensed animal dealer registered with the United States Department of Agriculture. Bills for such services shall be approved by the mayor of the city or the board of selectmen of the town in which the dogs or cats are kept or euthanized and shall be paid by that city or town. An animal control officer shall not give, sell or turn over any animal which may come into the officer's custody to a business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture either privately or in the course of carrying out the officer's official assignments as an agent for the officer's municipality. Credits Added by St.1969, c. 207. Nov. 7, 2018. Credits Added by St.2012, c. 193, § 32, eff. The tag shall have inscribed upon it the number of the kennel license, the name of the city or town issuing the license and the year of issue. Section 82. Additionally, an animal control officer, an officer licensed under section 57 of chapter 22C, a police officer or the owner, director or a duly authorized agent of an animal shelter from which an animal was obtained may bring a petition in the district court within the judicial district in which the dog or cat is owned or kept for an action of forfeiture and relinquishment of ownership. Within 10 days after the order, the holder of the license may bring a petition in the district court within the judicial district in which the kennel is maintained, addressed to the justice of the court, praying that the order be reviewed by the court. The superior court department of the trial court shall have authority to enjoin any violation of this section or to take such other actions as equity or justice may require. Oct. 31, 2012; St.2018, c. 219, § 14, eff. Hereof fail not, and make due return of this warrant with your doings therein, on or before the first day of October next, on or before the first day of January next, and on or before the first of April next, and at the expiration of your term of office, stating the number of dogs caught, confined and/or killed, or adopted, and the name of the owners or keepers thereof, and whether all unlicensed dogs and cats in said city (or town) have been caught, confined and/or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of said chapter one hundred and forty, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said chapter one hundred and forty. The fine for a second offense shall be $100. § 141B. All funds recovered by a municipality under this subsection shall be transferred to the organization or entity charged with the responsibility of handling dog complaints and impoundment. Dogs and cats must be vaccinated against rabies not more than 12 months before importation if over 6 months of age. “Department”, the department of agricultural resources. Added by St.1967, c. 802, § 1. Animal control officers; reimbursement of cities and towns for services; contracts with corporation to perform duties of officers; turning over or sale of animals; penalty. Amended by St.1985, c. 231, § 49; St.1991, c. 412, § 74; St.1996, c. 450, § 175. Massachusetts General Laws Annotated. This law holds a dog's "owner or … (h) If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. The Massachusetts Department of Agricultural Resources, Division of Animal Health has jurisdiction over domestic … 131 § 23. Dogs and cats entering the state must have a health certificate. Amended by St.1979, c. 474, § 2; St.1980, c. 100, § 2; St.1983, c. 525, § 2; St.1989, c. 187; St.1992, c. 237; St.2012, c. 193, § 17, eff. Damages caused by dogs not reimbursable; amount of awards. Massachusetts regulations (105 CMR 590.007) follow the federal Food and Drug Administration’s Food Code (1999 edition) (section 6-501.115), which states that “live animals may not be allowed on the premises of a food establishment”, with certain exceptions, which include fish in aquariums or edible seafood under refrigeration or on display, live fish bait, patrol dogs … The tag shall be secured by the owner or keeper of the dog, cat or ferret to a collar or harness made of suitable material to be worn by the dog, cat or ferret; provided, however, that the owner of a cat or ferret may choose not to affix the tag, but shall have the tag available for inspection by authorized persons. No person shall be given a license and tag under authority of section one hundred and thirty-seven and one hundred and thirty-seven A during a period of 5 years from the date of his being found guilty or penalized as aforesaid, and any such license and tag so issued shall be void and shall be surrendered on demand of any authority granting such license and tag. St. 2016, c. 248 An Act Preventing Animal Suffering And Death was signed in a ceremony by Governor Charlie Baker August 24 after Bill S.2369‘s enaction in mid-August.. Massachusetts joins 22 states with laws … Oct. 31, 2012. Application of law; licensed pet shops exempted. Notice to kill dog which has caused damage. § 168. Credits Amended by St.1932, c. 289, § 1; St.1934, c. 320, § 2; St.1943, c. 111, § 2; St.1945, c. 140; St.1956, c. 44, § 1; St.1956, c. 78, § 1; St.1979, c. 474, § 1; St.1980, c. 100, § 1; St.1983, c. 525, § 1; St.1987, c. 118; St.2012, c. 193, § 4, eff. Whoever violates section 137, 137B or 138 shall be assessed a penalty of not less than $50, which shall be paid to the city or town wherein the violation occurred. Nov. 7, 2018. Oct. 31, 2012. Upon application to the director by an incorporated or unincorporated club or organization having a membership of citizens who have been residents of the commonwealth for at least six consecutive months immediately prior to making application, and upon payment of a fee by the applicant, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, the director may issue a license to such club or organization to hold a field trial under the rules and regulations of the American Kennel Club, Inc., American Field or other bird dog or kennel association as recognized by the director for retriever or bird dogs at the time and place stated in the license. The commissioner of public health shall annually renew each license upon the application of the licensee unless, after notice and hearing, he finds that by reason of the standards, facilities, practices or activities of the licensee such renewal is not in the public interest. CreditsAdded by St.2016, c. 248, § 8, eff. A party shall have the right to request a de novo hearing on the complaint before a justice of the court. Chaining or tethering dog to stationary object; confinement; restrictions; penalty, § 174F. Massachusetts has a statewide leash law that prohibits having dogs off-leash in public places. (v) the length of the tether from the cable run to the dog's collar or harness shall allow continuous access to clean water and appropriate shelter at all times as described in subsection (c); provided, however, that a trolley system or tether shall be of appropriate configuration to confine the dog to the owner's, guardian's or keeper's property, to prevent the trolley system or tether from extending over an object to an edge that could result in injury to or strangulation of the dog and to prevent the trolley system or tether from becoming tangled with other object or animals. (c) In order for a dog, cat or ferret to be accepted at an animal hospital, veterinarian's office or boarding facility, an owner or keeper of such animal shall show proof of current vaccination against rabies; provided, however, that if an animal has not been so vaccinated or such owner or keeper fails to show proof of vaccination, the animal shall be vaccinated against rabies prior to being discharged if the animal's medical condition permits. The mayor, selectmen or police commissioner shall, within 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order, either suspend or revoke the kennel license, otherwise regulate the kennel or dismiss the petition. Amended by St.1975, c. 706, § 285; St.1985, c. 231, § 55. Credits Amended by St.1934, c. 320, § 12; St.1954, c. 357; St.1985, c. 477, § 48; St.2012, c. 193, § 21, eff. Notice to kill dog which has caused damage, § 164 . 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