HOUSE DOCKET, NO. 2481        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2426

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David M. Rogers

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

David M. Rogers

24th Middlesex

1/19/2017

Sean Garballey

23rd Middlesex

 

Jack Lewis

7th Middlesex

 

Denise Provost

27th Middlesex

 

Sarah K. Peake

4th Barnstable

 

Josh S. Cutler

6th Plymouth

 

John W. Scibak

2nd Hampshire

 

Lori A. Ehrlich

8th Essex

 

James B. Eldridge

Middlesex and Worcester

 

Steven S. Howitt

4th Bristol

 

Susan Williams Gifford

2nd Plymouth

 

Daniel J. Ryan

2nd Suffolk

 

Kay Khan

11th Middlesex

 

James R. Miceli

19th Middlesex

 

Jonathan Hecht

29th Middlesex

 

John J. Lawn, Jr.

10th Middlesex

 

Jason M. Lewis

Fifth Middlesex

 

Bruce J. Ayers

1st Norfolk

 

Angelo L. D'Emilia

8th Plymouth

 

Natalie Higgins

4th Worcester

 

James J. Dwyer

30th Middlesex

 

Chris Walsh

6th Middlesex

 

Marjorie C. Decker

25th Middlesex

 

Danielle W. Gregoire

4th Middlesex

 

Mike Connolly

26th Middlesex

 

Marc R. Pacheco

First Plymouth and Bristol

 

Smitty Pignatelli

4th Berkshire

 

Diana DiZoglio

14th Essex

 

William C. Galvin

6th Norfolk

 

Michael S. Day

31st Middlesex

 

Steven Ultrino

33rd Middlesex

 

Angelo J. Puppolo, Jr.

12th Hampden

 

Joan B.  Lovely

Second Essex

 

Edward F. Coppinger

10th Suffolk

 

Denise C. Garlick

13th Norfolk

 

José F. Tosado

9th Hampden

 

Paul R. Heroux

2nd Bristol

 

James M. Murphy

4th Norfolk

 

Thomas J. Calter

12th Plymouth

 

Kimberly N. Ferguson

1st Worcester

 

Michelle M. DuBois

10th Plymouth

 

Linda Dean Campbell

15th Essex

 

Gailanne M. Cariddi

1st Berkshire

 

Paul Brodeur

32nd Middlesex

 

Kate D. Campanale

17th Worcester

 

Paul W. Mark

2nd Berkshire

 

Paul Tucker

7th Essex

 

Bradford R. Hill

4th Essex

 

Adrian Madaro

1st Suffolk

 

Kevin G. Honan

17th Suffolk

 

Sal N. DiDomenico

Middlesex and Suffolk

 

James M. Cantwell

4th Plymouth

 

Paul K. Frost

7th Worcester

 

Alice Hanlon Peisch

14th Norfolk

 

John H. Rogers

12th Norfolk

 

James Arciero

2nd Middlesex

 


HOUSE DOCKET, NO. 2481        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2426

By Mr. Rogers of Cambridge, a petition (accompanied by bill, House, No. 2426) of David M. Rogers and others relative to abandoned animals in vacant properties.  Municipalities and Regional Government.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

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 is hereby amended by adding the

following section:-

Section 30. Within 3 days after a lessor or property owner knew or should have known that a property has been vacated through foreclosure, termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises under this chapter or chapter 186A, the lessor, property owner or a designee shall inspect the property for the presence of abandoned animals.

If the lessor, property owner or designee encounters an abandoned animal, the lessor, property owner or designee shall immediately notify an animal control officer as defined in chapter 140, a police officer or other authorized agent of the presence and condition of the animal.

The lessor, property owner or designee who encounters an abandoned animal under this section shall not be considered the owner, possessor or person having charge or custody of the animal under section 77 of chapter 272.

For the purposes of this section, an animal shall be considered abandoned if it is found in a property vacated through foreclosure, termination of tenancy, abandonment or other removal or exclusion of a tenant from the premises under this chapter or said chapter 186A.

If the lessor, property owner or designee fails to comply with this section, the lessor or property owner shall be subject to a civil fine of not more than $500 for a first offense and not more than $1,000 for each subsequent offense.  The money collected from this fine shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.

SECTION 2. Section 4 of chapter 239 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “thereof”, in line 5, the following words:- ; provided, however, that if an animal is found on the land or tenement, the officer shall immediately notify an animal control officer  as defined in chapter 140, a police officer or other authorized agent of the presence and condition of the animal.

SECTION 3. Subsection (a) of said section 4 of said chapter 239, as so appearing, is hereby amended by adding the following sentence:- This section shall not apply to an animal removed under section 30 of chapter 186, section 41 of chapter 244 or section 14.

SECTION 4. Said chapter 239 is hereby further amended by adding the following section:-

Section 14. Within 3 days after the lessor or property owner knew or should have known that a property has been vacated as a result of summary process, the lessor, property owner or a designee shall inspect the property for the presence of abandoned animals.

If the lessor, property owner or designee encounters an abandoned animal under this section or section 4, the lessor, property owner or designee shall immediately notify an animal control officer as defined in chapter 140, a police officer or other authorized agent of the presence and condition of the animal.

The lessor, property owner or designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.

For the purposes of this section, an animal shall be considered abandoned if it is found in a property vacated as a result of summary process.

If the lessor, property owner or designee fails to comply with this section, the lessor or property owner shall be subject to a civil fine of not more than $500 for a first offense and not more than $1,000 for each subsequent offense. The money collected from this fine shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.

SECTION 5. Chapter 244 of the General Laws is hereby amended by adding the following section:-

Section 41. Within 3 days after the lessor or property owner knew or should have known that a property was vacated through a mortgage foreclosure, the mortgagee, property owner or a designee shall inspect the property for the presence of abandoned animals. If the mortgagee,property owner or designee encounters an abandoned animal under this section, the mortgagee, property owner or designee shall immediately notify an animal control officer  as defined in chapter 140, a police officer or other authorized agent of the presence and condition of the animal.

The mortgagee, property owner or designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.

For the purposes of this section, an animal shall be considered abandoned if it is found in a property vacated through mortgage foreclosure.

If the mortgagee, property owner or designee fails to comply with this section, the mortgagee or property owner shall be subject to a civil fine of not more than $500 for a first offense and not more than $1,000 for each subsequent offense. The money collected from this fine shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.