Amended by St.1937, c. 95; St.1943, c. 111, § 3; St.1975, c. 706, § 284; St.2012, c. 193, § 4, eff. A research institution desiring to obtain a license shall make application to the commissioner of public health. Amended by St.2018, c. 219, § 16, eff. In Massachusetts, claims involving dog bites and dog attacks are brought under M.G.L., Chapter 140: Section 155. (2) A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a humane place of detention that the municipality uses to shelter animals; or (iv) any other action as the court deems necessary to protect other animals and the public from the dog. Whoever knowingly violates any of the provisions of this section shall be liable for a civil penalty of not more than one hundred dollars for each offense. The police commissioner of the city of Boston and the clerks of other cities and towns shall issue dog licenses and tags, receive the money therefor and pay such funds into the treasuries of their respective cities and towns on the first Monday of each month or more often, at their discretion. All damages received or recovered under this section shall be paid over to the city or town treasurer. The entrance to the shelter shall be flexible to allow the dog's entry and exit, and sturdy enough to block entry of weather elements. § 139. (c) A dog or cat purchased within the commonwealth for resale by a commercial establishment or pet shop shall be accompanied by an official health certificate. Nov. 7, 2018. § 145A. § 82. Emergency treatment of dogs or cats injured on ways; payment to veterinarians, § 151C . It shall be the duty of each veterinarian, at the time of vaccinating a dog, cat or ferret, to complete a certificate of rabies vaccination which shall include, but not be limited to, the following information: the owner's name and address; a description of the animal, including breed, sex, age, name and distinctive markings; the date of vaccination; the rabies vaccination tag number; the type of rabies vaccine used; the route of vaccination; the expiration date of the vaccine; and the vaccine lot number. In the event that a tag is lost, the owner or keeper of the animal shall, upon presentation of the original vaccination certificate, be issued a new tag. A city or town may make additional ordinances or by-laws relative to the licensing and control of animals not inconsistent with sections 136A to 174F, inclusive. § 139A Dog or cat from shelter must be spayed or neutered, or the new owner must agree to do so § 141 Penalties for violations Amended by St.2018, c. 219, § 12, effective November 7, 2018 On receipt of such application the commissioner of public health shall make or cause to be made such investigation as he may deem necessary to determine whether the public interest would be served by the issue of such license. The commissioner of public health shall issue such license unless, after notice and hearing, he finds that the research institution, by reason of its standards, facilities, practices or activities, is not a fit and proper institution to receive such license, and that the issue thereof is not in the public interest. Such certificate shall bear the date of purchase, exchange or gift and, with the tag, shall, for a period of two weeks following such date, be a legal substitute for a license. Massachusetts Dog Law Liability Statute. In addition to the penalties set forth in this section, failure to provide such notice shall render a purchase agreement void. Before delivery of any dog so adopted you shall require the purchaser to show identification and to register and procure a license and tag for such dog from the town clerk of the town where the dog is to be kept, in accordance with the provisions of section one hundred and thirty-seven of said chapter one hundred and forty of the General Laws. Each license shall expire on June thirtieth next following the date of issue. Credits Amended by St.2012, c. 193, § 21, eff. The fine for the first offense committed by a person shall be $50. (f) A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Oct. 31, 2012. The city or town clerk may summons the appraisers or, upon the request of an interested party, shall summons the appraisers and all parties interested and make such investigation as the clerk shall deem proper. Credits Amended by St.1934, c. 320, § 19; St.1951, c. 156; St.2012, c. 193, § 31, eff. The shelter shall contain clean bedding and shall be small enough to retain the dog's body heat and large enough to allow the dog to stand, lie down and turn comfortably. § 174D. CREDIT(S) Amended by St.1934, c. 320, § 30. Breed safety laws :: Over 900 U.S. cities have enacted breed-specific legislation and wolf-dog hybrid laws. Indemnification of law enforcement officers; damages caused by dogs used in performance of official duties, § 156 . Vaccination against rabies; certificate; tag; proof of vaccination; penalty, § 146 . The following words as used in sections 137 to 174F, inclusive, shall have the following meanings unless the context requires otherwise: ''Adoption'', the delivery of a cat or … The license shall be valid only during the daylight hours, and the written consent of the owner of or the person having legal control of, the land on which such field trial is held shall first be obtained. Bills for such services shall be approved by the mayor of the city or the board of selectmen of the town in which the dogs or cats are kept or euthanized and shall be paid by that city or town. § 165. … Section 137. Amended by St.1945, c. 282, § 4; St.1966, c. 153, § 2; St.1987, c. 124, § 2.; St.2004, c. 319, § 2, eff. The commissioner may set fines for violations of this section and may further establish regulations to ensure compliance with this section. The police commissioner of the city of Boston and any city or town clerk or city or town treasurer violating this section shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for not less than 1 month nor more than 1 year in a jail or house of correction, or both such fine and imprisonment. Oct. 31, 2012. § 174E. Credits Amended by St.1932, c. 289, § 4; St.1934, c. 320, § 11; St.1941, c. 133, § 2; St.1957, c. 47; St.1971, c. 125; St.1981, c. 351, § 82; St.1991, c. 436; St.2012, c. 193, § 19, eff. Non-compliance of dog owner or keeper with order; transferring ownership or selling of dangerous dog. (b) An animal control officer shall not be a licensed animal dealer registered with the United States Department of Agriculture. If a dog or cat is imported into the commonwealth with an official health certificate that reflects that the dog or cat is not currently vaccinated for rabies, the dog or cat shall be vaccinated as required under section 145B of chapter 140. Under the new rule, only dogs can be service animals, and emotional support animals are no longer permitted. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years. Change of owner or keeper of licensed dog; dog brought into commonwealth, § 139 . 27… Amended by St.1985, c. 231, § 49; St.1991, c. 412, § 74; St.1996, c. 450, § 175. Lists of dogs; refusal to answer person listing dogs; false answers. CreditsAmended by St.1934, c. 320, § 7; St.1987, c. 404; St.2012, c. 193, § 14, eff. Credits Amended by St.1934, c. 320, § 10; St.1941, c. 133, § 1; St.2012, c. 193, § 18, eff. “Domestic animal”, an animal designated as domestic by regulations promulgated by the department of fish and game. Massachusetts is a strict liability dog bite state. A person killing or wounding a dog under the conditions set out in this section shall promptly report to the owner, animal control officer or police officer such killing or wounding. A person who during any license period becomes the owner or keeper of a dog which is duly licensed in the town or city where it is to be kept shall forthwith give notice in writing to the clerk of such town or city, or if kept in Boston to the police commissioner, that he has become such owner or keeper and said clerk or police commissioner, as the case may be, shall change the record of such license to show the name and address of the new owner or keeper. A person maintaining a kennel after the license to maintain a kennel has been so revoked, or while such a license is suspended, shall be punished by a fine of not more than $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense. If, in the judgment of such person or body, the kennel is not being maintained in a sanitary and humane manner or if records are not properly kept as required by law, such person or body shall, by order, revoke or suspend the license for the kennel. The mayor, aldermen or board of selectmen may order that all dogs shall be restrained from running at large during such times as shall be prescribed by the order. Oct. 31, 2012. Massachusetts has a specific written law, or statute, that covers dog bite injuries. Awards shall in no case exceed the fair cash market value of such live stock or fowls. This page, Mass. Damages caused by dogs and paid by county; compensation for appraisers, § 161A . (d) This section shall not apply to a dog or cat housed in a research institution. Whenever a dog has been found chasing, hunting, molesting, attacking or killing a deer and the owner or keeper of the dog has been so notified by the director, and the same dog is thereafter found so chasing, hunting, molesting, attacking or killing, it shall be prima facie evidence that such chasing, hunting, molesting, attacking or killing was with the knowledge or consent of the owner or keeper. Dogs detained under this section shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition, or they may be placed in the care of the holder of a kennel license or of a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. Credits Added by St.1934, c. 320, § 14. Application of law; licensed pet shops exempted, §§ 142 to 144. Notwithstanding the foregoing procedure and schedule of fines, but subject to all other provisions of this section, a city or town may, by ordinance or by-law, provide for an alternative procedure and a different schedule of fines; provided, however, that the fines shall not be lower than those stated in this section. 28 CFR 35.104 … Oct. 31, 2012. M.G.L.A. Credits Added by St.1987, c. 331, § 2. Dogs, running at large; protection of deer. The Massachusetts director … This law holds a dog's "owner or … Every holder of a kennel license, on delivering an unlicensed dog to a purchaser or to any other person, shall attach to such dog a collar or harness which shall carry a tag marked with the name and address of such kennel licensee, and a number, which number shall be properly recorded on the records of such licensee, and shall also furnish to the person to whom the dog is delivered a certificate bearing the same number and a description of the dog. Credits Amended by St.1934, c. 320, § 23; St.2012, c. 193, § 32, eff. Within 10 days thereafter, the appraisers shall consider and include in their appraisal the labor and time necessarily to be expended to find and collect the livestock or fowl injured or separated and the value of those lost or otherwise damaged by the dog. Massachusetts bans private possession of exotic pets, and requires licenses for those who deal and propagate wild species for other reasons. 137 to 175. A shelter may enter into a cooperative agreement with another shelter and with a veterinarian in carrying out the provisions of this section. § 21A. Payment shall be made only by money order or check. Credits Added by St.1983, c. 631, § 8. Issuance of warrant to officers; duties; confinement of dogs; allowance for care, § 151B . § 139A. (b) Each animal control officer shall make, keep and maintain systems of records or forms which fully and correctly disclose the following information concerning each animal in the officer's custody: (1) the date and location of apprehension; (2) a description of the animal; (3) the place of detainment; (4) if tagged, the name and address of the owner of the animal; (5) the name and address of a new owner, if any, including the date of sale or transfer of the animal; (6) if the animal is euthanized, the method and date of such euthanization and the name of the person who euthanized the animal; and (7) the date, location and description of an animal euthanized by gunshot in case of emergency, the disposition of the animal remains and a description of the situation requiring the gunshot. (d) A commercial establishment, pet shop, firm or corporation shall not import into the commonwealth, for sale or resale in the commonwealth, a cat or dog less than 8 weeks of age. Application of law; licensed pet shops exempted. All payments required under this section shall be subject to section 52 of said chapter 41. Nov. 7, 2018. Among the provisions include licensing laws, dangerous dog laws, and rabies vaccination provisions. If any person fails to appear in accordance with the summons issued upon such complaint, the clerk of the court shall send such person, by registered mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within twenty-one days from the sending of such notice, a warrant for his arrest will be issued. The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer may at any time inspect a kennel or cause the inspection of a kennel. 2 § 14; M.G.L.A. (a) No research institution shall employ dogs or cats in scientific investigation, experiment or instruction or for the testing of drugs or medicines without having first been issued a license therefor under this section by the commissioner of public health. (b) A person owning or keeping a dog may confine such dog outside, subject to the restrictions in this section, through the use of any of the following methods: (1) inside a pen or secure enclosure, if the following conditions are met: (i) the pen or secure enclosure shall have adequate space for exercise with a dimension of at least 100 square feet; provided, however, that commercial dog kennels with pens intended for the temporary boarding of dogs shall be exempt from this requirement; (ii) the pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all 4 sides enclosed; and. Varies town to town. Sale or other delivery of unlicensed dog by kennel licensee, § 137C . Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog. A tethering employed shall not allow the dog to leave the owner's, guardian's or keeper's property. Each city or town treasurer shall keep an accurate and separate account of all money received and expended by the treasurer under this chapter relating to animals. Restraint of dogs in public highway rest areas; penalty, § 174D . A veterinarian registered under section 55 or 56A of chapter 112 who renders emergency care or treatment to, or who euthanizes, a dog or cat that is injured on any way shall receive payment from the owner of such dog or cat, if known, or, if not known, from the city or town in which the injury occurred in an amount not to exceed $250 for such care, treatment or euthanization; provided, however, such emergency care, treatment or euthanization shall be rendered for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of the dog or cat is identified or for 24 hours, whichever is sooner. The officer, chair or selectman shall return a certificate of the damages found to the treasurer of the city or town in which the damage was done within 10 days after the appraisal is completed. The tag shall have inscribed upon it the number of the kennel license, the name of the city or town issuing the license and the year of issue. In addition, Section 173 gives cities and towns the right to create local laws … The treasurer shall immediately submit the appraisal to the city or town clerk who, within 30 days, shall examine all bills for damages. Chaining or tethering dog to stationary object; confinement; restrictions; penalty. In Massachusetts, officials in charge of animal control can order "disposal" of the dog after an investigation, but the owner also has the right to petition the local court for a hearing. Tags shall be furnished to the owner or keeper by the licensing authority in quantities not less than the number of dogs kept in the kennel. Amended by St.1979, c. 474, § 2; St.1980, c. 100, § 2; St.1983, c. 525, § 2; St.1989, c. 187; St.1992, c. 237; St.2012, c. 193, § 17, eff. Damages caused by dogs and paid by county; compensation for appraisers. Both the ADA and the Massachusetts Service Animal Laws are put in place to protect those individuals with physical, mental, or emotional disabilities. Section 155 of the Massachusetts General Laws states that if any dog damages someone’s property or causes an injury, the … The commissioner of public health or an agent designated by him may, in connection with the granting, continuance or renewal of a license, visit and inspect the animal research and care facilities of any licensee or of any research institution which has applied for a license. The shelter may make appropriate arrangements for the spaying or neutering of such dog or cat by a licensed veterinarian, or may return the deposit to the person purchasing or receiving the dog or cat upon presentation of a written statement or receipt from a veterinarian or clinic that the dog or cat has been spayed or neutered by a licensed veterinarian. (e) After making reasonable efforts to locate a motor vehicle's owner, a person other than an animal control officer, law enforcement officer or fire fighter shall not enter a motor vehicle to remove an animal to protect the health and safety of that animal in immediate danger unless the person: (i) notifies law enforcement or calls 911 before entering the vehicle; (ii) determines that the motor vehicle is locked or there is no other reasonable means for exit and uses not more force than reasonably necessary to enter the motor vehicle and remove the animal; (iii) has a good faith and reasonable belief, based upon known circumstances, that entry into the vehicle is reasonably necessary to prevent imminent danger or harm to the animal; and (iv) remains with the animal in a safe location in reasonable proximity to the vehicle until law enforcement or another first responder arrives. Legal fees or court costs incurred in the enforcement of this section shall be the responsibility of the owner of the animal. (c) An animal control officer, law enforcement officer or fire fighter who removes or otherwise retrieves an animal under this section shall leave written notice in a secure and conspicuous location on or in the motor vehicle bearing the officer's or fire fighter's name and title and the address of the location where the animal may be retrieved. Amended by St.1971, c. 526; St.1973, c. 627; St.1978, c. 144; St.1992, c. 133, § 497; St.1993, c. 182, § 23; St.1996, c. 450, § 182; St.2012, c. 193, § 44, eff. While Massachusetts does not currently have a law requiring dogs to wear seat belts when riding inside a vehicle, dogs being transported in the bed of a truck must be properly restrained. § 151B. (f) Whoever violates this section shall be punished by a fine of not more than $100. April 13, 2005; St.2012, c. 139, § 11, eff. Animal control officers shall have completed, under the supervision of a veterinarian registered under section 55 or 56C of chapter 112, a course of instruction in humane techniques for the execution of animals before euthanizing an animal. Whenever a complaint is sought in a district court for a violation of an ordinance or by-law, made under the provisions of section one hundred and seventy-three, the clerk shall send a written notice to the person complained against stating that such a complaint has been sought and will issue unless such person appears before such clerk and confesses the offense either personally or through an agent duly authorized in writing, or by mailing to such clerk, with the notice the fine provided herein. If a hearing authority or a district court has deemed a dog to be a dangerous dog and such dog wounds a person or worries, wounds or kills any livestock or fowl, the owner or keeper of the dog shall be liable in tort to the person injured by the dog for 3 times the amount of damages sustained by such person. (a) The fee for a license shall, except as otherwise provided, be determined by a city or town; provided, however, that no fee shall be increased without a majority vote of the city or town council or the voters present at a town meeting. § 21. Animal control officers; reimbursement of cities and towns for services; contracts with corporation to perform duties of officers; turning over or sale of animals; penalty. 8, § 145 . 129 § 39G; M.G.L.A. Dog officers; reimbursement of cities and towns for services; contracts with corporation to perform duties of officers; turning over or sale of animals; penalty, § 151A . Upon application to the director by an incorporated or unincorporated club or organization having a membership of citizens who have been residents of the commonwealth for at least six consecutive months immediately prior to making application, and upon payment of a fee by the applicant, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, the director may issue a license to such club or organization to hold a field trial under the rules and regulations of the American Kennel Club, Inc., American Field or other bird dog or kennel association as recognized by the director for retriever or bird dogs at the time and place stated in the license. 14.]>. 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