SENATE DOCKET, NO. 618        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 942

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting abandoned animals in vacant properties.

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PETITION OF:

SENATE DOCKET, NO. 618        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 942

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act protecting abandoned animals in vacant properties.

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 186 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following section:-

Section 23. Within 5 days of a property being vacated through foreclosure, termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises pursuant to said chapter 186 or chapter 186A, the lessor or owner shall inspect the property for the presence of abandoned animals. 

If the lessor or owner encounters an abandoned animal pursuant to this section, the lessor or owner shall immediately notify an animal control officer appointed pursuant to chapter 140 or police officer or any other authorized agent of the presence and condition of the animal.

Prompt reporting shall be considered evidence of sufficient regard for the suffering of the animal. The lessor or owner who encounters an abandoned animal pursuant to this subsection shall not be considered the owner, possessor, or person having the charge or custody of an animal under Section 77 of chapter 272.

For the purposes of this section, an animal shall be deemed abandoned if it is found in a property vacated through foreclosure, summary process, termination of tenancy or abandonment.

SECTION 2.  Section 4 of chapter 239 of the General Laws, as so appearing, is hereby amended in subsection (a) by inserting after the first sentence the following words:- , except that if an animal is found on the land or tenement, said officer shall immediately notify an animal control officer appointed pursuant to chapter 140 or police officer or any other authorized agent of the presence and condition of the animal.

SECTION 3.  Said chapter 239 of the General Laws, as so appearing, is hereby further amended by inserting the following section:-

Section 14.  Within 5 days of a property being vacated as a result of summary process the lessor or owner shall inspect the property for the presence of abandoned animals.

If the lessor or owner encounters an abandoned animal pursuant to this section or section 4, the lessor or owner shall immediately notify an animal control officer appointed pursuant to chapter 140 or police officer or any other authorized agent of the presence and condition of the animal.             

Prompt reporting shall be considered evidence of sufficient regard for the suffering of the animal. The person or entity who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor, or person having the charge or custody of an animal under Section 77 of chapter 272.

For the purposes of this section, an animal shall be deemed abandoned if it is found in a vacated property through foreclosure, summary process, termination of tenancy or abandonment.

SECTION 4. Section 4 of said chapter 239, as so appearing, is hereby amended in the first paragraph by inserting after the last sentence the following sentence:- This section shall not apply to animals removed in accordance section 23 of chapter 186 or section 41 of chapter 244 or section 14 of this chapter.

SECTION 5.  Chapter 244 of the General Laws, as so appearing, is hereby amended by inserting the following section:-

Section 41.  Within 5 days of a property being vacated through mortgage foreclosure, the mortgagee or owner shall inspect the property for the presence of abandoned animals.

If the mortgagee or owner encounters an abandoned animal pursuant to this section, the lessor or owner shall immediately notify an animal control officer appointed pursuant to chapter 140 or police officer or any other authorized agent of the presence and condition of the animal.

Prompt reporting shall be considered evidence of sufficient regard for the suffering of the animal. The person or entity who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor, or person having the charge or custody of an animal under Section 77 of chapter 272.

For the purposes of this section, an animal shall be deemed abandoned if it is found in a vacated property through foreclosure, summary process, termination of tenancy or abandonment.