Amendment #5 to S3028

Issuance of Citations for Animal Cruelty Violations

Mr. Puppolo of Springfield moves to amend the bill by adding the following new section: SECTION XX, Section 174E of said chapter 140 of the General Laws, as so appearing, is hereby amended striking out subsections (f) and (g) and inserting in place thereof the following subsections:-

(f) No person owning or keeping any animal shall subject such animal to cruel conditions.

For the purposes of this subsection, “cruel conditions” shall include, but shall not be limited to, the following:

(i) exposure to excessive animal waste, garbage, non-potable water, excessive noxious odors that create a health threat to people or animals, dangerous objects or other animals that could injure or kill an animal upon contact, other circumstances that could cause harm to the health or safety of the animal based on species, age or physical condition; or failure to provide access to appropriate food and water based on the animal’s species, age or physical condition;

(ii) lack of protection when wind or environmental or weather conditions pose an adverse risk to the health or safety of the animal based on the animal’s species, age or physical condition, or lack of reasonable opportunity to go outdoors for exercise and waste elimination, based on the animal’s age, size, breed or physical condition; provided, however, that temporary indoor confinement due to illness, injury, disability, inclement weather or other emergency conditions shall not, by itself, constitute cruel conditions; and (iii) as applied to a dog, inhumane chaining or tethering at any time, taunting, prodding, hitting, harassing, threatening or otherwise harming a tethered or confined dog, including circumstances that could cause harm to a dog’s physical or emotional health.

(g) A person who violates this section shall: (i) for a first offense, be issued a written warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of not more than $500; provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner’s, keeper’s or guardian’s expense pending compliance with this section or the owner, keeper or guardian may lose ownership of the animal.

Additional co-sponsor(s) added to Amendment #5 to S3028

Issuance of Citations for Animal Cruelty Violations