The superior court department of the trial court shall have authority to enjoin any violation of this section or to take such other actions as equity or justice may require. CREDIT(S) Amended by St.1934, c. 320, § 30. 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. Added by St.1967, c. 802, § 1. In cases where the victim is under seven years old, the law … A violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of a trade or commerce under chapter 93A. Repealed by 2011, 194, Sec. (b) A licensing authority shall not grant a license for a dog unless the owner of the dog provides the licensing authority with a veterinarian's certification that the dog has been vaccinated in accordance with section 145B, certification that such dog is exempt from the vaccination requirement under said section 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog. License valid throughout state; removal of dog into another town or city. 2 § 14; M.G.L.A. A person who owns or keeps a dog and who has received such notice under section 163 and does not, within 24 hours, euthanize the dog or thereafter keep it on the owner's or keeper's premises or under the immediate restraint and control of some person, shall be punished by a fine of not less than $25 and a police officer, constable or animal control officer may euthanize the dog in a humane manner if it is found outside the enclosure of its owner or keeper and not under the owner or keeper's immediate care. An animal control officer who fails to comply with the terms of such officer's warrant shall immediately be removed from office by the mayor or board of selectmen and notice of the removal shall immediately be given to the commissioner. Within 10 days after the order, the holder of the license may bring a petition in the district court within the judicial district in which the kennel is maintained, addressed to the justice of the court, praying that the order be reviewed by the court. Emergency treatment of dogs or cats injured on ways; payment to veterinarians. The owner of a dog may add descriptive words, not over 10 in number, upon the license form to indicate the color, breed, weight or special markings of the licensed dog. (c) No person shall transfer ownership or possession of a dog which such person knows, or reasonably should have known, has been deemed dangerous under section 157 or offer such dangerous dog for sale or breed without informing the recipient of the dog of the finding of dangerousness. Oct. 31, 2012; St.2018, c. 219, § 13, eff. Penalty on officer; report of refusal or neglect of officer to perform duties, § 171 . If a dog does damage to another person's body or property ( not limited to … Under Massachusetts law, a dog is considered property. 12B; 2017, 56, Sec. 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. Any police officer, constable or dog officer shall kill a dog which the selectmen of a town, chief of police of a city, or the county commissioners, or, upon review, the district court, shall have ordered to be restrained if such dog is again found outside the enclosure of its owner or keeper and not under his immediate care, and may kill a dog which is living in a wild state. Amended by St.2018, c. 219, § 16, eff. Whoever wrongfully removes the collar from a dog which is licensed and collared as provided in chapter one hundred and forty shall be punished by a fine of not more than one hundred dollars, or by six months' imprisonment, or both. No city or town shall regulate dogs in a manner … (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. Training of hunting dogs; field trials. 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. Except in Boston, such person shall have the right to select his own physician, who shall be paid by the city or town at a rate established as hereinafter provided, and the fact that a physician is a member of a board of health shall not disqualify him from being so selected and from being paid by the city or town for his services. “Domestic charitable corporation kennel”, a facility operated, owned or maintained by a domestic charitable corporation registered with the department or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates consistent with such purposes while providing veterinary treatment and care. Oct. 31, 2012. 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. Amended by Service animal final rule, effective January 11, 2021. Fees; certificate or statement that dog has been spayed; dogs serving blind persons; dogs owned by persons aged 70 or over; dogs serving deaf persons; refunds, § 139A . Registration and licensing of dogs. (h) If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. Credits Added by St.1975, c. 146. M.G.L.A. 2; St.1997, c. 19, § 59. Oct. 31, 2012. In addition to requiring the sides and tailgate of the vehicle to reach a certain height, dogs … Nuisance or dangerous dogs; orders for remedial action; appeal; violation of order. Treble damages for injuries caused by dogs ordered to be restrained, § 160 . Oct. 31, 2012. 131 § 23. Credits Added by St.2012, c. 193, § 21, eff. Whoever violates the provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than $300 nor more than $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment for each violation. A kennel licensee shall cause each dog kept in its kennel to wear, while it is at large, a collar or harness of leather or other suitable material, to which a tag shall be securely attached. A municipality shall not give, sell or turn over an animal which may come into its custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. Except as provided in this section, if a city or town shall fail to make such appointment, the commissioner shall appoint an animal control officer for that city or town. § 155. § 141B. Massachusetts regulations (105 CMR 590.007) follow the federal Food and Drug Administration’s Food Code (1999 edition) (section 6-501.115), which states that “live animals may not be allowed on the premises of a food establishment”, with certain exceptions, which include fish in aquariums or edible seafood under refrigeration or on display, live fish bait, patrol dogs … In that case, the payments to the corporation under the terms of the contract shall be in full for all services rendered by it in that capacity. To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. Top-requested sites to log in to services provided by the state, Amended by St.2018, c. 219, § 9, effective November 7, 2018, Amended by St.2018, c. 219, § 10, effective November 7, 2018, Amended by St.2018, c. 219, § 11, effective November 7, 2018, Amended by St.2018, c. 219, § 12, effective November 7, 2018, Amended by St.2018, c. 219, § 13, effective November 7, 2018, Amended by St.2018, c. 219, § 14, effective November 7, 2018, Amended by St.2018, c. 219, § 15, effective November 7, 2018, Amended by St.2018, c. 219, § 16, effective November 7, 2018. “Veterinary kennel”, a veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that “veterinary kennel” shall not include a hospital or clinic used solely to house dogs that have undergone veterinary treatment or observation or will do so only for the period of time necessary to accomplish that veterinary care. If any dog injures a person, the dog's owner or keeper will be liable for damages, so long as the victim was not committing a trespass or other tort or was not teasing, tormenting, or abusing the dog at the time of the injury. Oct. 31, 2012; St.2018, c. 219, § 14, eff. A city or town may investigate any case of damage done by a dog of which the chair of the board of selectmen, mayor or animal control officer shall have been informed as provided in section 161. Credits Amended by St.1934, c. 320, § 19; St.1951, c. 156; St.2012, c. 193, § 31, eff. Any deposit not claimed under this section shall be used only for the following purposes: (1) a public education program to prevent overpopulation of dogs or cats; (2) a program to spay or neuter dogs or cats; (3) a follow up program to assure that animals sold or given away by the shelter are spayed or neutered; or. 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. Unpaid costs shall be recovered by the municipality in which the owner or keeper of the dog resides on behalf of the hearing authority by any of the following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or keeper of the dog. § 173. 2. If the chair, mayor or animal control officer believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog and believes that such owner or keeper is able to satisfy any judgment recovered in an action, the chair, mayor or animal control officer shall bring the action unless the owner or keeper pays the amount in settlement of the damage as the chair, mayor or officer deems reasonable before the action is brought. 112 § 12Z; M.G.L.A. (a) No person owning or keeping a dog shall chain or tether a dog for longer than 5 hours in a 24-hour period and outside from 10:00 p.m. to 6:00 a.m., unless the tethering is for not more than 15 minutes and the dog is not left unattended by the owner, guardian or keeper. (vii) that the dog be humanely euthanized. (f) A person who removes an animal from a motor vehicle pursuant to subsection (e) shall be immune from criminal or civil liability that might otherwise result from the removal. § 137D. Credits Amended by St.1934, c. 320, § 20; St.1976, c. 530; St.1978, c. 478, § 73; St.1985, c. 455; St.1995, c. 286; St.2012, c. 193, § 32, eff. Your feedback will not receive a response. In the case of an applicant for initial licensure and in the case of an applicant for license renewal, a licensing authority shall not issue a kennel license until a kennel has passed inspection by an animal control officer. § 171. Nov. 7, 2018. Damages caused by dogs not reimbursable; amount of awards, § 163 . The Massachusetts director … Any such order shall be in effect forty-eight hours after publication in one or more newspapers circulated in such city or town. ... Leash laws vary from town to town. 137 to 175. (a) The owner or keeper of a dog over the age of 6 months shall obtain a license for the dog. Treble damages for injuries caused by dogs ordered to be restrained. The fine for a third offense shall be $300. 27… Legal fees or court costs incurred in the enforcement of this section shall be the responsibility of the owner of the animal. 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. The dog shelter shall allow the dog to remain dry and protected from the elements and shall be fully enclosed on at least 3 sides, roofed and have a solid floor. 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. Oct. 31, 2012. Whoever suffers loss by the worrying, maiming or killing of such person's livestock or fowl by a dog outside the premises of the owner or keeper of the dog, may, if the damage is done in a city, inform the animal control officer and may, if the damage is done in a town, inform the chair of the board of selectmen of the town or, if the chairman is absent or ill, any of the selectmen. A dog owner or keeper is strictly liable for dog bites unless the victim was trespassing, teasing, tormenting or abusing the dog… Additionally, an animal control officer, an officer licensed under section 57 of chapter 22C, a police officer or the owner, director or a duly authorized agent of an animal shelter from which an animal was obtained may bring a petition in the district court within the judicial district in which the dog or cat is owned or kept for an action of forfeiture and relinquishment of ownership. Oct. 31, 2012. The clerks of cities and towns, except the city of Boston, may retain for their own use $.75 cents for each license issued, unless otherwise provided by law, and shall certify under penalties of perjury the amounts of money thus received and paid over to them. Application of law; licensed pet shops exempted. Violation of dog control laws; non-criminal disposition, § 174A . Credits Added by St.1934, c. 320, § 3. A training course that is offered by a private entity including, but not limited to, the Animal Control Officers Association of Massachusetts, shall not be eligible for reimbursement from the Homeless Animal Prevention and Care Fund unless such course has been approved by the commissioner. Generally speaking, a seller cannot … § 21. All payments required under this section shall be subject to section 52 of said chapter 41. 266 § 47; M.G.L.A. Training of hunting dogs; field trials, § 21A . A municipality shall not incur liability for failure to request impoundment of a dog under this subsection. 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. (d) An animal control officer, law enforcement officer or fire fighter who removes or otherwise retrieves an animal from a motor vehicle under subsection (b), and the agency or municipality that employs the officer or fire fighter shall be immune from criminal or civil liability that might otherwise result from the removal. Added by St.1967, c. 802, § 1. Anti-rabic vaccine and treatment; reimbursement for cost, § 145B . Issuance of warrant to officers; duties; confinement of dogs; allowance for care, § 151B . § 159. Liability for damage caused by dog; minors; presumption and burden of proof, § 155A . § 146. The tether shall be designed for dogs and no logging chains or other lines or devices not designed for tethering dogs shall be used. April 13, 2005; St.2012, c. 139, § 11, eff. Restraint of dogs in public highway rest areas; penalty. An animal control officer shall not give, sell or turn over any animal which may come into the officer's custody to a business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture either privately or in the course of carrying out the officer's official assignments as an agent for the officer's municipality. Credits Amended by St.1934, c. 320, § 13; St.1948, c. 11, § 1; St.1956, c. 78, § 2; St.1978, c. 573; St.1983, c. 631, § 4; St.2012, c. 193, § 21, eff. Nov. 7, 2018. For purposes of this paragraph the term “animal” shall refer to the dog and cat specifically and all other sentient creatures except humans. Copies of the record shall be kept for 2 years in the office of the city or town clerk wherein such animal control officer is employed. § 167. After notice to all parties, the magistrate shall, under section 62C of chapter 221, review the order of the hearing authority, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. No shelter shall sell or give away any dog or cat that has not been spayed or neutered, unless a written agreement is entered into and a deposit of not less than $40 for spaying or neutering such dog or cat has been tendered to the shelter. § 166. Symptoms of rabies printed on license; description supplied by department of health. Amended by St.2012, c. 193, § 47, eff. Under the new rule, only dogs can be service animals, and emotional support animals are no longer permitted. 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