Bill S.2187

FILED ON: 10/20/2017

SENATE . . . . . . . . . . . . . . No. 2187

The Commonwealth of Massachusetts

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

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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 2014 Official Edition, 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 the charge or custody of an 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 further 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 an 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.

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

Section 41. Within 3 days after the mortgagee or property owner knew or should have known that a property was vacated through 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 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 an 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.