AN ACT FURTHER REGULATING ANIMAL CONTROL.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35VV the following section:-
Section 35WW. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Homeless Animal Prevention and Care Fund. The fund shall be used by the department of agricultural resources to offset costs associated with the vaccination, spaying and neutering of homeless dogs and cats, to offset costs associated with the vaccination, spaying and neutering of dogs and cats owned by low-income residents and to assist with the training of animal control officers consistent with section 151C of chapter 140. The department may use the fund for necessary and reasonable administrative and personnel costs related to the specific purposes of the fund. The commissioner of agricultural resources shall establish rules and regulations relating to the fund.
The fund shall consist of all revenues received by the commonwealth pursuant to the voluntary check-off donation indicated on the department of revenue’s annual income tax return authorized by section 6L of chapter 62 and from public and private sources as gifts, grants and donations to further reduce the population of homeless animals.
The state treasurer shall deposit amounts in the fund in accordance with section 34 of chapter 29 in a manner that will secure the highest interest rate available consistent with the safety of the fund and with the requirement that all amounts on deposit shall be available for immediate withdrawal at any time. The fund may be expended by the commissioner of agricultural resources without further appropriation for the purposes stated in this section and any funds remaining at the end of any fiscal year shall not revert to the General Fund and shall be available for use in subsequent fiscal years.
SECTION 2. Chapter 62 of the General Laws is hereby amended by inserting after section 6L the following section:-
Section 6M. (a) A person filing an individual or a joint return may voluntarily contribute all or part of any refund to which they are entitled, or may voluntarily add an amount on to any amount due, to be credited to the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
A contribution under this section may be made with respect to any taxable year at the time of filing a return of the tax established by this chapter for such taxable year. The commissioner shall prescribe the manner in which the contribution shall be made on the face of the return required by section 5 of chapter 62C; provided, however, that the commissioner shall assure that taxpayers filing any such forms are made clearly aware of their ability to make the contributions provided for by this section.
The commissioner shall annually report the total amount designated under this section to the state treasurer, who shall credit such amount to the Homeless Animal Prevention and Care Fund.
SECTION 3. Chapter 129 of the General Laws is hereby amended by inserting after section 39F the following section:-
Section 39G. (a) A dog or cat brought or shipped into the commonwealth shall be accompanied by an official health certificate issued by an accredited veterinarian, a copy of which shall be sent to the commissioner of agricultural resources.
(b) For purposes of this section, an “official health certificate” shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin and shall contain the name and address of the consignor and consignee. The official health certificate shall also show the age, sex, breed and description of each dog or cat and certify that the dog or cat is free from visual evidence of infectious or contagious disease. An official health certificate shall show proof of rabies vaccination within the previous 12 months. 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.
(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.
(d) A commercial establishment, pet shop, firm or corporation shall not import into the commonwealth, for sale or resale in the commonwealth, a cat or dog less than 8 weeks of age.
(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.
(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 80½ 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. In addition to the penalties set forth in this section, failure to provide such notice shall render a purchase agreement void. A violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of a trade or commerce under chapter 93A.
(g) The commissioner may, after notice and hearing, revoke or suspend a license issued under section 137A of chapter 140 or section 39A of this chapter for a violation of this section.
(h) Whoever is aggrieved by an order issued under this section may appeal within 30 days to the superior court in the county wherein the aggrieved party resides or where the aggrieved party’s kennel or pet shop, which is the subject of the license, is located. The appellant shall state the findings by the commissioner and the grounds of appeal therefrom. The court shall consider the proceedings de novo and the parties shall have right of exception and appeal.
SECTION 4. Chapter 140 of the General Laws is hereby amended by striking out sections 136A to 137A, inclusive, as appearing in the 2010 Official Edition, and inserting in place thereof the following 3 sections:-
Section 136A. The following words as used in sections 137 to 174E, inclusive, shall have the following meanings unless the context requires otherwise:
“Adoption”, the delivery of a cat or dog to a person 18 years of age or older for the purpose of taking care of the dog or cat as a pet.
“Animal control officer”, an appointed officer authorized to enforce sections 136A to 174E, inclusive.
“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 section 39A of chapter 129, 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.
“Commissioner”, the commissioner of agricultural resources.
“Dangerous dog”, a dog that either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) 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.
“Department”, the department of agricultural resources.
“Domestic animal”, an animal designated as domestic by regulations promulgated by the department of fish and game.
“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.
“Euthanize”, to take the life of an animal by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia.
“Hearing authority”, the selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department, the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints in a town or city.
“Keeper”, a person, business, corporation, entity or society, other than the owner, having possession of a dog.
“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.
“License period”, the period of time for which a municipal licensing authority prescribes the validity of a dog license, including the date of issuance of the license through the date on which the license expires, inclusive.
“Licensing authority”, the police commissioner of the city of Boston and the clerk of any other municipality.
“Livestock or fowl”, a fowl or other animal kept or propagated by the owner for food or as a means of livelihood, deer, elk, cottontail rabbit, northern hare, pheasant, quail, partridge and other birds and quadrupeds determined by the department of fisheries, wildlife and environmental law enforcement to be wild and kept by, or under a permit from, the department in proper houses or suitable enclosed yards; provided, however, that “livestock or fowl” shall not include a dog, cat or other pet.
“Nuisance dog”, a dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one’s quiet and peaceful enjoyment; or (iii) 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 4 dogs, 3 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, 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.
“Research institution”, an institution operated by the United States, the commonwealth or a political subdivision thereof, a school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, a medical diagnostic laboratory, a biomedical corporation, or biological laboratory or a hospital or other educational or scientific establishment within the commonwealth above the rank of secondary school which, in connection with any of the activities thereof, investigates or provides instruction relative to the structure or function of living organisms or to the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals.
“Shelter”, a public animal control facility or other facility which is operated by an organization or individual for the purpose of protecting animals from cruelty, neglect or abuse.
“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.
Section 137. (a) The owner or keeper of a dog over the age of 6 months shall obtain a license for the dog. The registering, numbering, describing and licensing of a dog shall be conducted in the office of the licensing authority in the city or town in which the dog is kept.
(b) A licensing authority shall not grant a license for a dog unless the owner of the dog provides the licensing authority with a veterinarian's certification that the dog has been vaccinated in accordance with section 145B, certification that such dog is exempt from the vaccination requirement under said section 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog.
(c) The license shall be granted upon condition that the dog shall be controlled and restrained from killing, chasing or harassing livestock or fowl. The owner of a dog may add descriptive words, not over 10 in number, upon the license form to indicate the color, breed, weight or special markings of the licensed dog. The owner or keeper of a licensed dog shall keep affixed around the dog’s neck or body, a collar or harness of leather or other suitable material, to which a tag shall be securely attached. The tag shall have inscribed upon it the dog’s license number, the name of the city or town issuing the license and the year of issue. If the tag becomes lost, the owner or keeper of the dog shall immediately secure a substitute tag from the licensing authority at a cost to be determined by the city or town and the fee for the substitute shall, if received by a city or town clerk, be retained by the clerk unless otherwise provided by law. This section shall not apply to a person to whom a valid kennel license has been issued.
(d) This section shall not apply to a dog or cat housed in a research institution.
Section 137A. (a) A person maintaining a kennel shall obtain a kennel license. An owner or keeper of less than 4 dogs, 3 months old or older, who does not maintain a kennel may elect to secure a kennel license in lieu of licensing the dogs under section 137 and shall be subject to this section, sections 137B and 137C and so much of section 141 as it relates to violations of this section to the same extent as though the owner or keeper were maintaining a kennel. In the case of an applicant for initial licensure and in the case of an applicant for license renewal, a licensing authority shall not issue a kennel license until a kennel has passed inspection by an animal control officer.
(b) A kennel license shall be in lieu of any other license for a dog kept at a kennel during any portion of the period for which the kennel license is valid. A kennel licensee shall cause each dog kept in its kennel to wear, while it is at large, a collar or harness of leather or other suitable material, to which a tag shall be securely attached. 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. Tags shall be furnished to the owner or keeper by the licensing authority in quantities not less than the number of dogs kept in the kennel. The issuing city or town shall determine the period of time for which a kennel license shall be valid, including the date of issuance of the license through the date on which the license expires, inclusive, and shall further determine the fee for the issuance and renewal of the license. To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.
(c) The licensing authority shall issue a kennel license without charge to a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse or for the relief of suffering.
SECTION 5. Section 137B of said chapter 140, as so appearing, is hereby amended by inserting after the word “town”, in lines 14 and 18, each time it appears, the following words:- or city.
SECTION 6. Said chapter 140 is hereby further amended by striking out section 137C, as so appearing, and inserting in place thereof the following section:-
Section 137C. The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer may at any time inspect a kennel or cause the inspection of a kennel. If, in the judgment of such person or body, the kennel is not being maintained in a sanitary and humane manner or if records are not properly kept as required by law, such person or body shall, by order, revoke or suspend the license for the kennel. 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. 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. Written notice of an order revoking or suspending the license, regulating the kennel or dismissing the petition shall be mailed immediately to the officer issuing the license and to the holder of the license. 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. After notice to all parties as the court may consider necessary, the court shall review the action, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel has been so revoked, or while such a license is suspended, shall be punished by a fine of not more than $250.
SECTION 7. Section 137D of said chapter 140, as so appearing, is hereby amended by striking out, in line 15, the word “two” and inserting in place thereof the following figure:- 5.
SECTION 8. Section 138 of said chapter 140, as so appearing, is hereby amended by inserting after the word “town”, in lines 2 and 3, each time it appears, the following words:- or city.
SECTION 9. Said section 138 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 9, the word “three” and inserting in place thereof the following figure:- 6.
SECTION 10. Section 138A of said chapter 140 is hereby repealed.
SECTION 11. Said chapter 140 is hereby further amended by striking out section 139, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-
Section 139. (a) The fee for a license shall, except as otherwise provided, be determined by a city or town; provided, however, that no fee shall be increased without a majority vote of the city or town council or the voters present at a town meeting.
(b) The license fee for a spayed or neutered dog shall be less than the license fee for an intact dog. 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.
(c) No fee shall be charged for a license issued under this section for a service animal as defined by the Americans with Disabilities Act or regulations promulgated thereunder. No fee shall be charged for a license for a dog owned by a person aged 70 years or over in a city or town that accepts this provision. No license fee or portion thereof shall be refunded because of the subsequent death, loss, spaying or removal from the commonwealth or other disposal of the dog, nor shall a license fee or portion thereof paid by mistake be paid or recovered after it has been paid over to a city or town under section 147.
SECTION 12. Section 139A of said chapter 140, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “deposit of not less than ten nor more than thirty dollars” and inserting in place thereof the following words:- written agreement is entered into and a deposit of not less than $40.
SECTION 13. Said section 139A of said chapter 140, as so appearing, is hereby further amended by adding the following paragraph:-
The commissioner may set fines for violations of this section and may further establish regulations to ensure compliance with this section. 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. Legal fees or court costs incurred in the enforcement of this section shall be the responsibility of the owner of the animal.
SECTION 14. Said chapter 140 is hereby further amended by striking out section 141, as so appearing, and inserting in place thereof the following section:-
Section 141. Whoever violates section 137, 137A, 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.
SECTION 15. Section 145 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “to the director of accounts upon application therefor”.
SECTION 16. Section 145A of said chapter 140, as so appearing, is hereby amended by striking out the fourth to seventh sentences, inclusive.
SECTION 17. Said chapter 140 is hereby further amended by striking out section 145B, as so appearing, and inserting in place thereof the following section:-
Section 145B. (a) Each owner or keeper of a dog, cat or ferret that is 6 months of age or older shall cause such dog, cat or ferret to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer’s directions and shall cause such dog, cat or ferret to be revaccinated at intervals recommended by the manufacturer. Unvaccinated dogs, cats or ferrets acquired or moved into the commonwealth shall be vaccinated within 30 days after the acquisition or arrival of such animal into the commonwealth or upon reaching the age of 6 months, whichever last occurs. It shall be the duty of each veterinarian, at the time of vaccinating a dog, cat or ferret, to complete a certificate of rabies vaccination which shall include, but not be limited to, the following information: the owner’s name and address; a description of the animal, including breed, sex, age, name and distinctive markings; the date of vaccination; the rabies vaccination tag number; the type of rabies vaccine used; the route of vaccination; the expiration date of the vaccine; and the vaccine lot number.
(b) The veterinarian shall issue a tag with each certificate of vaccination. 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. In the event that a tag is lost, the owner or keeper of the animal shall, upon presentation of the original vaccination certificate, be issued a new tag.
(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.
(d) A licensing authority may grant an exemption from this section for a dog, cat or ferret that:
(i) the local board of health has declared exempt from the rabies vaccination requirement upon presentation of a veterinarian’s certificate stating that because of an infirmity, other physical condition or regimen of therapy, such inoculation is considered inadvisable for a specified period of time for such reasons; (ii) is in transit; or (iii) was brought into the commonwealth temporarily for the sole purpose of display in a show or for exhibition.
(e) This section shall not apply to a dog, cat or ferret housed in a research institution.
(f) Whoever violates this section shall be punished by a fine of not more than $100.
SECTION 18. Section 146 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 5 to 8, inclusive, the words “to which such dog has been removed, and such clerk shall take up the same and issue to said owner or keeper a transfer license, together with a tag, for such dog upon payment of twenty-five cents” and inserting in place thereof the following words:- or city to which such dog has been removed and the clerk shall take up the same and issue to such owner or keeper a transfer license and a tag for such dog upon payment of an amount to be determined by the city or town.
SECTION 19. Said chapter 140 is hereby further amended by striking out sections 147 and 147A, as so appearing, and inserting in place thereof the following section:-
Section 147. The police commissioner of the city of Boston and the clerks of other cities and towns shall issue dog licenses and tags, receive the money therefor and pay such funds into the treasuries of their respective cities and towns on the first Monday of each month or more often, at their discretion. The clerks of cities and towns, except the city of Boston, may retain for their own use $.75 cents for each license issued, unless otherwise provided by law, and shall certify under penalties of perjury the amounts of money thus received and paid over to them. 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. Such records shall be open to public inspection during the usual office hours of the city or town clerk. All blanks for the licenses and tags and the record books shall be paid for out of the city or town treasury. The police commissioner of the city of Boston and any city or town clerk or city or town treasurer violating this section shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for not less than 1 month nor more than 1 year in a jail or house of correction, or both such fine and imprisonment. If a city or town clerk neglects or fails to pay the money into the city or town treasury as required by this section, the city or town may recover the amount thereof for the benefit of the city or town, with all damages sustained through such neglect or failure, and interest thereon, in an action on the official bond required, in the case of a city clerk, by section 13A of chapter 41 and, in the case of a town clerk, by section 13 of said chapter 41. All payments required under this section shall be subject to section 52 of said chapter 41.
SECTION 20. Section 147B of said chapter 140 is hereby repealed.
SECTION 21. Said chapter 140 is hereby further amended by striking out sections 149 to 151B, inclusive, as appearing in the 2010 Official Edition, and inserting in place thereof the following 6 sections:-
Section 149. Each city or town treasurer shall keep an accurate and separate account of all money received and expended by the treasurer under this chapter relating to animals.
Section 150. 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. An owner or keeper of a dog who refuses to answer or answers falsely to a person directed or authorized to make such a list shall be punished by a fine of not less than $20 which shall be paid to the city or town.
Section 151. (a) The mayor of each city and the board of selectmen of each town shall annually designate an animal control officer, who may be a police officer or constable. The mayor or board of selectmen shall immediately submit to the commissioner the names, addresses and dates of hire of such animal control officers. Except as provided in this section, if a city or town shall fail to make such appointment, the commissioner shall appoint an animal control officer for that city or town. An animal control officer who fails to comply with the terms of such officer’s warrant shall immediately be removed from office by the mayor or board of selectmen and notice of the removal shall immediately be given to the commissioner. Animal control officers shall have completed, under the supervision of a veterinarian registered under section 55 or 56C of chapter 112, a course of instruction in humane techniques for the execution of animals before euthanizing an animal. Before euthanizing or giving or turning over to another a dog or cat in the officer’s possession, an animal control officer shall first examine the animal for the presence of a microchip or tattoo, check the description of the animal against descriptions within the city or town relative to the species of animal licensed or registered in the municipality in order to verify the identity of the animal and to provide notice to the owner of the animal before the animal is euthanized, given away or turned over to another. 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 appointed under this section shall also attend to all complaints or other matters pertaining to animals, as prescribed by the officer’s respective city or town, in addition to the duties imposed upon the officer by the officer’s warrant, and shall be paid for such services by the town or city treasurer upon bills approved by the mayor or board of selectmen. The mayor of a city or the board of selectmen of a town may, instead of appointing an animal control officer, enter into a contract with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse to perform the duties required of an animal control officer. In that case, the payments to the corporation under the terms of the contract shall be in full for all services rendered by it in that capacity.
(b) An animal control officer shall not be a licensed animal dealer registered with the United States Department of Agriculture. 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. A municipality shall not give, sell or turn over an animal which may come into its custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. Whoever violates this subsection shall be punished by a fine of not more than $1,000.
Section 151A. (a) The mayor or board of selectmen, as the case may be, shall annually issue a warrant to the animal control officer directing the officer to seek out, catch and confine all dogs within the city or town which are not licensed, collared or harnessed, or tagged, as required by this chapter, and to enter and prosecute a complaint for failure to comply with this chapter against the owners or keepers of such dogs, if known, and to euthanize or cause to be euthanized only by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia, or by gunshot in case of emergency, each such dog not licensed, collared or harnessed, or tagged after being detained by or for the officer for a period of 7 days; provided, however, that after 7 days, the animal control officer may make available for adoption any dog found free of disease for a sum of not less than $3 to be determined by the city or town and shall keep an account of all moneys received by the officer for the adoption and shall immediately pay over the moneys to the treasurer who shall forward it to the city or town. Before delivery of a dog so adopted, the animal control officer shall require the purchaser to show identification and to procure a license and tag for the dog from the clerk of the city or town wherein the dog is to be kept. Dogs detained under this section shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition, or they may be placed in the care of the holder of a kennel license or of a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. The commissioner from time to time shall cause such places wherein animals are detained under this section to be inspected and shall make necessary orders in relation thereto. An animal control officer having custody of a detained dog or cat shall be allowed a sum determined by the city or town per day for the care of the dog or cat, payable by the owner or keeper, if known, otherwise by the city or town.
(b) Each animal control officer shall make, keep and maintain systems of records or forms which fully and correctly disclose the following information concerning each animal in the officer’s custody: (1) the date and location of apprehension; (2) a description of the animal; (3) the place of detainment; (4) if tagged, the name and address of the owner of the animal; (5) the name and address of a new owner, if any, including the date of sale or transfer of the animal; (6) if the animal is euthanized, the method and date of such euthanization and the name of the person who euthanized the animal; and (7) the date, location and description of an animal euthanized by gunshot in case of emergency, the disposition of the animal remains and a description of the situation requiring the gunshot.
Each animal control officer shall forward a copy of the record to the town or city clerk within 30 days. Copies of the record shall be kept for 2 years in the office of the city or town clerk wherein such animal control officer is employed.
Section 151B. A veterinarian registered under section 55 or 56A of chapter 112 who renders emergency care or treatment to, or who euthanizes, a dog or cat that is injured on any way shall receive payment from the owner of such dog or cat, if known, or, if not known, from the city or town in which the injury occurred in an amount not to exceed $250 for such care, treatment or euthanization; provided, however, such emergency care, treatment or euthanization shall be rendered for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of the dog or cat is identified or for 24 hours, whichever is sooner. A veterinarian who renders such emergency care or treatment to a dog or cat or euthanizes a dog or cat shall notify the municipal animal control officer and the animal control officer shall assume control of the dog or cat or the remains of the dog or cat.
Section 151C. The commissioner shall, from time to time and subject to the availability of funds from the Homeless Animal Prevention and Care Fund in section 35WW of chapter 10, provide for a training course for animal control officers. For a training course established under this section, there shall be a preference for persons who have been in the employ of a city or town as an animal control officer for 12 months or less. A training course that is offered by a private entity including, but not limited to, the Animal Control Officers Association of Massachusetts, shall not be eligible for reimbursement from the Homeless Animal Prevention and Care Fund unless such course has been approved by the commissioner.
SECTION 22. Section 152 of said chapter 140, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the word “dog” and inserting in place thereof the following words:- animal control.
SECTION 23. Said section 152 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “dogs”, in line 6, the following words:- and cats.
SECTION 24. Said section 152 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 10, the word “dogs” and inserting in place thereof the following word:- animals.
SECTION 25. Section 153 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “, except Suffolk county”.
SECTION 26. Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 13 to 18, inclusive, the words “by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have curariform-like action, electrocution or any other method which causes an unnecessarily cruel death” and inserting in place thereof the following words:- only by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia, except by gunshot in case of emergency.
SECTION 27. Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 18 to 21, inclusive, the words “ten days, shall not then have been duly licensed, collared or harnessed, and tagged, except that any male or any spayed female dog not found to be diseased may be made available for adoption for not less than three dollars” and inserting in place thereof the following words:- 7 days, shall not then have been duly licensed, collared or harnessed, and tagged, except that any dog not found to be diseased may be made available for adoption for not less than $3.
SECTION 28. Said section 153 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “dogs”, in line 34, the following words:- and cats.
SECTION 29. Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 41, the words “nineteen hundred” and inserting in place thereof the following figure:- 2000.
SECTION 30. Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 31. Section 156 of said chapter 140, as so appearing, is hereby amended by inserting after the first sentence, the following sentence:- A person killing or wounding a dog under the conditions set out in this section shall promptly report to the owner, animal control officer or police officer such killing or wounding.
SECTION 32. Said chapter 140 is hereby further amended by striking out sections 157 to 161, inclusive, as so appearing, and inserting in place thereof the following 6 sections:-
Section 157. (a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the city or town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog’s reaction was not grossly disproportionate to any of the following circumstances:
(1) the dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault;
(2) the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog;
(3) the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or
(4) at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing.
The hearing authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a nuisance dog; or (C) deem the dog a dangerous dog.
(b) If the hearing authority deems a dog a nuisance dog, the hearing authority may further order that the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior.
(c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following:
(i) that the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building;
(ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that “confined” shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog;
(iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length;
(iv) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance;
(v) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification;
(vi) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; or
(vii) that the dog be humanely euthanized.
No order shall be issued directing that a dog deemed dangerous shall be removed from the town or city in which the owner of the dog resides. No city or town shall regulate dogs in a manner that is specific to breed.
(d) Within 10 days after an order issued under subsections (a) to (c), inclusive, the owner or keeper of a dog may bring a petition in the district court within the judicial district in which the order relative to the dog was issued or where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by the court or a magistrate of the court. After notice to all parties, the magistrate shall, under section 62C of chapter 221, review the order of the hearing authority, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. A party shall have the right to request a de novo hearing on the complaint before a justice of the court.
(e) (1) Pending an appeal by an owner or keeper under subsection (d), a hearing authority may file a petition in the district court to request an order of impoundment at a facility the municipality uses to shelter animals for a dog complained of as being a dangerous dog. A municipality shall not incur liability for failure to request impoundment of a dog under this subsection.
(2) A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a humane place of detention that the municipality uses to shelter animals; or (iv) any other action as the court deems necessary to protect other animals and the public from the dog.
(f) A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Based upon credible evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties.
(g) If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the city or town for all reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals process, if any. Unpaid costs shall be recovered by the municipality in which the owner or keeper of the dog resides on behalf of the hearing authority by any of the following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or keeper of the dog.
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. If the organization or entity falls under the management or direction of the municipality, costs recovered shall be distributed at the discretion of the municipality.
If the court overturns an order of euthanasia, the city or town shall pay all reasonable costs incurred for the housing and care of the dog during any period of impoundment.
(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. If the keeper of the dog is in violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the hearing authority, within 7 days, for the return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person’s possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years. A hearing authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days.
(i) Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under subsection (d) or (f).
Section 157A. (a) An owner or keeper of a dog who fails to comply with an order of a hearing authority or district court shall be punished, for a first offense, by a fine of not more than $500 or imprisonment for not more than 60 days in a jail or house of correction, or both, and for a second or subsequent offense by a fine of not more than $1,000 or imprisonment for not more than 90 days in a jail or house of correction.
(b) No person over the age of 17 who has actual knowledge that a dog has been deemed dangerous under section 157 shall permit a child under the age of 17 to own, possess or have the care or custody of such dog.
(c) No person shall transfer ownership or possession of a dog which such person knows, or reasonably should have known, has been deemed dangerous under section 157 or offer such dangerous dog for sale or breed without informing the recipient of the dog of the finding of dangerousness.
Section 158. A police officer, constable or animal control officer may capture, detain or, in the case of a threat to public safety, euthanize a dog in a humane manner if found to be in violation of an order of a hearing authority or a district court and may euthanize a dog, in a humane manner, if it is living in a wild state.
Section 159. If a hearing authority or a district court has deemed a dog to be a dangerous dog and such dog wounds a person or worries, wounds or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort to the person injured by the dog for 3 times the amount of damages sustained by such person.
Section 160. The mayor of a city, the selectmen of a town, or their agents who are authorized in writing, to act in such mayor or selectmen’s stead may, after written notice to the owner or keeper of a dog, enter upon the premises of the owner or keeper known to such persons to have worried or killed livestock or fowl and then and there euthanize such dog in a humane manner unless such owner or keeper whose premises are entered for that purpose shall give a bond in the sum of $200, with sufficient sureties, conditioned that the dog shall be restrained for 12 months next ensuing. If the owner or keeper of the dog declares an intention to give such a bond, the selectmen, chief of police, or the agent of the selectmen or chief, as the case may be, shall allow the owner or keeper 7 days, exclusive of Sundays and holidays, in which to procure and prepare such bond and to present it, or to file it with the clerk of the town or city in which the owner or keeper resides.
Section 161. Whoever suffers loss by the worrying, maiming or killing of such person’s livestock or fowl by a dog outside the premises of the owner or keeper of the dog, may, if the damage is done in a city, inform the animal control officer and may, if the damage is done in a town, inform the chair of the board of selectmen of the town or, if the chairman is absent or ill, any of the selectmen. The officer, chair or selectman shall proceed to the premises where the damage was done to determine whether the damage was inflicted by a dog and, if so determined, appraise the amount of damage if it does not exceed $100. If in the opinion of the officer, chair or selectman, the amount of damage exceeds $100, the damage shall be appraised, on oath, by 3 persons, 1 of whom shall be the officer, chair or selectman, 1 of whom shall be appointed by the person alleged to be damaged and 1 shall be appointed by the other 2. Within 10 days thereafter, the appraisers shall consider and include in their appraisal the labor and time necessarily to be expended to find and collect the livestock or fowl injured or separated and the value of those lost or otherwise damaged by the dog. The officer, chair or selectman shall return a certificate of the damages found to the treasurer of the city or town in which the damage was done within 10 days after the appraisal is completed. The treasurer shall immediately submit the appraisal to the city or town clerk who, within 30 days, shall examine all bills for damages. The city or town clerk may summons the appraisers or, upon the request of an interested party, shall summons the appraisers and all parties interested and make such investigation as the clerk shall deem proper. The city or town clerk shall issue an order upon the treasurer of the city or town for such amounts, if any, determined to be just and shall notify all interested parties of the decision. The treasurer shall pay all orders drawn upon the treasurer in full, for the above purpose and payments made shall be charged to the city or town.
SECTION 33. Section 162 of said chapter 140 is hereby repealed.
SECTION 34. Said chapter 140 is hereby further amended by striking out section 163, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-
Section 163. If the mayor, aldermen or board of selectmen determines, after notice to parties interested and a hearing, the identity of the owner or keeper of a dog which is found to have worried, maimed or killed livestock or fowl, thereby causing damages for which the owner of the livestock or fowl may become entitled to compensation from the city or town under section 161, the mayor, aldermen or selectmen shall serve upon the owner or keeper of such dog a notice directing the owner or keeper, within 24 hours, to euthanize the dog in a humane manner or restrain the dog.
SECTION 35. Said chapter 140 is hereby further amended by striking out sections 164 and 165, as so appearing, and inserting in place thereof the following 2 sections:-
Section 164. A person who owns or keeps a dog and who has received such notice under section 163 and does not, within 24 hours, euthanize the dog or thereafter keep it on the owner’s or keeper’s premises or under the immediate restraint and control of some person, shall be punished by a fine of not less than $25 and a police officer, constable or animal control officer may euthanize the dog in a humane manner if it is found outside the enclosure of its owner or keeper and not under the owner or keeper’s immediate care.
Section 165. A city or town may investigate any case of damage done by a dog of which the chair of the board of selectmen, mayor or animal control officer shall have been informed as provided in section 161. If the chair, mayor or animal control officer believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog and believes that such owner or keeper is able to satisfy any judgment recovered in an action, the chair, mayor or animal control officer shall bring the action unless the owner or keeper pays the amount in settlement of the damage as the chair, mayor or officer deems reasonable before the action is brought. The action may be brought in the name of the chair, mayor or animal control officer prosecuting the action and the chair, mayor or animal control officer shall have the same powers and authority as animal control officers appointed under section 151 and acting under sections 136A to 174E, inclusive. All damages received or recovered under this section shall be paid over to the city or town treasurer.
SECTION 36. Said chapter 140 is hereby further amended by striking out section 167, as so appearing, and inserting in place thereof the following section:-
Section 167. The mayor, aldermen or board of selectmen may order that all dogs shall be restrained from running at large during such times as shall be prescribed by the order. Once passed, a certified copy of the order shall be posted in at least 2 public places in the city or town or, if a daily newspaper is published in the city or town, by publishing a copy once in that newspaper. Following publication, the mayor, aldermen or board of selectmen may issue a warrant to a police officer or constable in a city or town, who shall, not sooner than 24 hours after the publication of the notice, euthanize all dogs in a humane manner that are found running at large contrary to the order. Notwithstanding the foregoing, a police officer or constable may, in the officer’s or constable’s discretion, hold any such dog for not more than 7 days. If the owner of the dog claims it and pays to the officer or constable a penalty of $40 for each day that the dog has been held, the dog shall be returned to its owner. The amount shall be paid over to the city or town.
SECTION 37. Section 168 of said chapter 140, as so appearing, is hereby amended by striking out, in line 1, the words “or selectmen” and inserting in place thereof the following words:- , board of selectmen or mayor.
SECTION 38. Said section 168 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 5, the words “more than twenty-five dollars” and inserting in place thereof the following words:- less than $25.
SECTION 39. Section 169 of said chapter 140, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A city or town officer who refuses or willfully neglects to perform the duties imposed upon the officer by this chapter relating to dogs shall be punished by a fine of not less than $100, which shall be paid to the city or town.
SECTION 40. Section 170 of said chapter 140 is hereby repealed.
SECTION 41. Said chapter 140 is hereby further amended by striking out section 171, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-
Section 171. The owner or keeper of a dog which has done damage to livestock or fowl shall be liable in tort to the city or town for all damages so done which the mayor, aldermen or board of selectmen have ordered to be paid as provided in this chapter.
SECTION 42. Section 172 of said chapter 140 is hereby repealed.
SECTION 43. Said chapter 140 is hereby further amended by striking out section 173, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-
Section 173. A city or town may make additional ordinances or by-laws relative to the licensing and control of animals not inconsistent with sections 136A to 174E, inclusive.
SECTION 44. The first paragraph of section 173A of said chapter 140, as so appearing, is hereby amended by striking out the second to fourth sentences, inclusive, and inserting in place thereof the following 3 sentences:- For the first offense committed by a person within a calendar year, the clerk shall dismiss the charge without the payment of a fine. For a second offense in the city or town within a calendar year, the payment of a fine of $50 shall operate as a final disposition of the case. For a third offense in the city or town within a calendar year, payment of a fine of $60 shall operate as a final disposition of the case. For a fourth or subsequent offense in the city or town within a calendar year, payment of a fine of $100 shall operate as a final disposition of the case. Payment shall be made only by postal note, money order or check. Notwithstanding the foregoing procedure and schedule of fines, but subject to all other provisions of this section, a city or town may, by ordinance or by-law, provide for an alternative procedure and a different schedule of fines.
SECTION 45. Said chapter 140 is hereby further amended by striking out section 174A, as so appearing, and inserting in place thereof the following section:-
Section 174A. A dog or cat whose killing is authorized under this chapter shall be euthanized only by the administration of barbiturates in a manner deemed acceptable by the American Veterinary Medical Association Guidelines on Euthanasia or as otherwise allowed in section 151A.
SECTION 46. Section 174B of said chapter 140, as so appearing, is hereby amended by striking out, in line 4, the words “fifty dollars” and inserting in place thereof the following figure:- $100.
SECTION 47. Section 174D of said chapter 140, as so appearing, is hereby amended by inserting after the word “commissioner”, in lines 4, 5, 6, 9, 14, 16, 19, 28, 31 and 36, each time it appears, the following words:- of public health.
SECTION 48. Said chapter 140 is hereby further amended by inserting after section 174D the following section:-
Section 174E. (a) No person owning or keeping a dog shall chain or tether a dog to a stationary object including, but not limited to, a structure, dog house, pole or tree for longer than 24 consecutive hours. A tethering employed shall not allow the dog to leave the owner’s, guardian’s or keeper’s property. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used. No chain or tether shall weigh more than 1/8 of the dog’s body weight. Nothing in this section shall be construed to prohibit a person from walking a dog on a hand-held leash. No dog under the age of 6 months shall be tethered outside for any length of time.
(b) A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section, through the use of any of the following methods:
(1) inside a pen or secure enclosure, if the following conditions are met:
(i) the pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement;
(ii) the pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all 4 sides enclosed; and
(iii) the minimum height of the fence shall be adequate to successfully confine the dog;
(2) a fully fenced, electronically fenced or otherwise securely enclosed yard, wherein a dog has the ability to run but is unable to leave the enclosed yard; or
(3) a trolley system or a tether attached to a pulley in a cable run, if the following conditions are met:
(i) only 1 dog shall be tethered to each cable run;
(ii) the tether shall be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog’s throat through which 2 adult fingers may fit; provided, however, that a choke collar and a pinch collar shall not be used to tether a dog to a cable run;
(iii) there shall be a swivel on at least 1 end of the tether to minimize tangling of the tether;
(iv) the tether and cable run must each be at least 10 feet in length. The cable must be mounted at least 4 feet but not more than 7 feet above ground level; and
(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) A person owning or keeping a dog confined outside in accordance with subsection (b) shall provide the dog with access to clean water and appropriate dog shelter. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least 3 sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the dog’s entry and exit, and sturdy enough to block entry of weather elements. The shelter shall contain clean bedding and shall be small enough to retain the dog’s body heat and large enough to allow the dog to stand, lie down and turn comfortably. The enclosure shall be structurally sound and in good repair. Suitable drainage shall be provided so that water, ice or waste is not standing in or around the shelter.
(d) No person owning or keeping a dog shall leave a dog chained or tethered outside for longer than 24 consecutive hours.
(e) Exceptions to the above restrictions on outdoor confinement shall be made for dogs actively engaged in conduct directly related to the business of shepherding or herding cattle or other livestock or engaged in conduct that is directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog.
(f) No person owning or keeping a dog shall subject the dog to cruel conditions or inhumane chaining or the tethering at any time. 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
(3) subjecting a dog to dangerous conditions, including attacks by other animals.
(g) A person who violates this section shall, for a first offense, be issued a written warning or punished by a fine of not more than $50, for a second offense, be punished by a fine of not more than $100 and for a third or subsequent offense, be punished by a fine of not more than $300, and be subject to impoundment of the dog in a local shelter at the owner’s or guardian’s expense pending compliance with this section, or loss of ownership of the dog.
SECTION 49. Section 77 of chapter 272 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
A person convicted of a crime of cruelty to an animal shall be prohibited from working in any capacity that requires such person to be in contact with an animal, including a commercial boarding or training establishment, shelter, animal control facility, pet shop, grooming facility, commercial breeder service, veterinary hospital or clinic or animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals.
SECTION 50. Chapter 209A of the General Laws is hereby amended by adding the following section:-
Section 11. (a) Whenever the court issues a temporary or permanent vacate, stay away, restraining or no contact order or a judgment under section 18, 34B or 34C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or 20 of chapter 209C, or under section 3 to 7, inclusive, of chapter 258E or a temporary restraining order or preliminary or permanent injunction relative to a domestic relations, child custody, domestic abuse or abuse prevention proceeding, the court may order the possession, care and control of any domesticated animal owned, possessed, leased, kept or held by either party or a minor child residing in the household to the plaintiff or petitioner. The court may order the defendant to refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming or otherwise disposing of such animal.
(b) A party to any proceeding listed in subsection (a) may petition the court for an order authorized by said subsection (a).
(c) Whenever the court issues a warrant for a violation of a temporary or permanent vacate, stay away, restraining or no contact order or a judgment issued under section 18, 34B or 34C of chapter 208, or under section 32 of chapter 209, or under section 3, 4 or 5 of this chapter, or under section 15 or 20 of chapter 209C, or section 3 to 7, inclusive, of chapter 258E or otherwise becomes aware that an outstanding warrant for such a violation has been issued against a person before the court, the judge may make a finding, based upon the totality of the circumstances, as to whether there exists an imminent threat of bodily injury to any party to such judgment or the petitioner of any such protective order, a member of the petitioner’s family or household or to a domesticated animal belonging to the petitioner or to a member of the petitioner’s family or household. If the court makes a finding that such an imminent threat of bodily injury to a person or domesticated animal exists, the court shall notify the appropriate law enforcement officials of such finding and the law enforcement officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.
SECTION 51. An animal control officer if serving as such on the effective date of this act shall, within 24 months after the effective date of this act, and an animal control officer hired on or after the effective date of this act shall, within 12 months after the date of hire, complete a training course under section 151C of chapter 140 of the General Laws; provided, however, that such training requirement shall be subject to the availability of funds in the Homeless Animal Prevention and Care Fund, established in section 35WW of chapter 10 of the General Laws, as determined by the commissioner of agricultural resources. Priority for training animal control officers serving in that capacity before the effective date of this act shall be given to those officers having served for 12 months or less.
SECTION 52. The court administrator in the office of court management within the trial court department shall amend the relevant complaint forms for chapters 208, 209A, 209C and 258E of the General Laws or prescribe a new form to incorporate a petition for an order under section 11 of said chapter 209A, which shall be in such form and language to permit a plaintiff to prepare and file such complaint pro se.
SECTION 53. There shall be an advisory committee to assist the commissioner of agricultural resources in establishing procedures for the disbursement of funds from the Homeless Animal Prevention and Care Fund. Members of the advisory committee shall receive no compensation or reimbursement for expenses incurred in the performance of their duties. The advisory committee shall consist of: 1 member from a humane society, animal rescue or sheltering organization; 1 animal control officer or representative of an association organized in the commonwealth for animal control officers; 1 veterinarian or member of a veterinary medical association organized in the commonwealth; 1 member of the general public with an interest in the well being of domestic animals and 1 representative of a national pet industry trade association, all of whom shall be appointed by the governor. All members shall have an active interest in educating residents relative to the benefits of pet population control.Approved, August 2, 2012.