Skip to Content


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

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

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_______________

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:

James B. Eldridge

Middlesex and Worcester

Carlo Basile

1st Suffolk

William N. Brownsberger

Second Suffolk and Middlesex

Jason M. Lewis

31st Middlesex

Danielle W. Gregoire

4th Middlesex

Peter V. Kocot

1st Hampshire

Kathi-Anne Reinstein

16th Suffolk

Mark J. Cusack

5th Norfolk

Ruth B. Balser

12th Middlesex

Gloria L. Fox

7th Suffolk

Denise Provost

27th Middlesex

Eugene L. O'Flaherty

2nd Suffolk

David M. Rogers

24th Middlesex

Tom Sannicandro

7th Middlesex

Martin J. Walsh

13th Suffolk

Lori A. Ehrlich

8th Essex

Carl M. Sciortino, Jr.

34th Middlesex

David M. Nangle

17th Middlesex

Christine E. Canavan

10th Plymouth

Jennifer L. Flanagan

Worcester and Middlesex

Anne M. Gobi

5th Worcester

Elizabeth A. Poirier

14th Bristol

Michael D. Brady

9th Plymouth

William Smitty Pignatelli

4th Berkshire

Mark C. Montigny

Second Bristol and Plymouth

Sal N. DiDomenico

Middlesex and Suffolk

Cheryl A. Coakley-Rivera

10th Hampden

Jonathan Hecht

29th Middlesex

Kenneth I. Gordon

21st Middlesex

Denise Andrews

2nd Franklin

James M. Murphy

4th Norfolk

Chris Walsh

6th Middlesex

Timothy R. Madden

Barnstable, Dukes and Nantucket

Kay Khan

11th Middlesex

Thomas J. Calter

12th Plymouth

John P. Fresolo

16th Worcester

Brian R. Mannal

2nd Barnstable

Angelo L. D'Emilia

8th Plymouth

James T. Welch

Hampden

John J. Lawn, Jr.

10th Middlesex

Paul Brodeur

32nd Middlesex

Paul R. Heroux

2nd Bristol

Bruce J. Ayers

1st Norfolk

Sean Garballey

23rd Middlesex

John W. Scibak

2nd Hampshire

Colleen M. Garry

36th Middlesex

Patricia D. Jehlen

Second Middlesex

Timothy J. Toomey, Jr.

26th Middlesex

Byron Rushing

9th Suffolk

Keiko M. Orrall

12th Bristol

Brian M. Ashe

2nd Hampden

Kate Hogan

3rd Middlesex

Thomas P. Conroy

13th Middlesex

Thomas A. Golden, Jr.

16th Middlesex

Steven M. Walsh

11th Essex


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

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

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 942) of James B. Eldridge, Carlo Basile, William N. Brownsberger, Jason M. Lewis and other members of the General Court for legislation to protect abandoned animals in vacant properties.  Municipalities and Regional Government. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

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.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error