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Massachusetts

Part I. Administration of the Government. Title XX. Public Safety and Good Order. Chapter 140. Licenses. Dogs.

Statute Details
Printable Version
Citation: MA ST 140 § 136A - § 175; MA ST 131 § 21A, 82

Citation: M.G.L.A. 140 § 136A - § 175; M.G.L.A. 131 § 21A, 82


Summary:   These Massachusetts statutes comprise the state's dog laws.  Among the provisions include licensing laws, dangerous dog laws, and rabies vaccination provisions.


Statute in Full:

Licensing and Kennel Provisions:

§ 136A. Definitions

§ 137. Registration and licenses

§ 137A. Kennel licenses

§ 137B. Sale or other delivery of unlicensed dog by kennel licensee

§ 137C. Inspection of kennels; revocation, suspension and reinstatement of license; nuisance

§ 137D. Surrender of license or tag for offenses against animals

§ 138. Change of owner or keeper of licensed dog; dog brought into commonwealth

§ 138A. Importation of dogs and cats for commercial resale; health certificates; violations

§ 139. 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

§ 139. 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. Shelters; sale or gift of dog or cat not spayed or neutered

§ 140. Repealed, 1934, 320, Sec. 6

§ 141. Violation of statutes

§ 141A. Application of law; exception

§ 141B. Application of law; licensed pet shops exempted

§§ 142 to 144. Repealed, 1934, 320, Sec. 8

Rabies Provisions:

§ 145. Symptoms of rabies printed on license; description supplied by department of health

§ 145A. Anti-rabic vaccine and treatment; reimbursement for cost

§ 145B. Vaccination against rabies; certificate; tag; proof of vaccination; penalty

Local and Municipal Provisions:

§ 146. License valid throughout state; removal of dog into another town

§ 147. Issuance of licenses; disposition of fees; return of license books and tags to county; penalties; action on official bond

§ 147A. By-laws and ordinances relative to regulation of dogs

§ 147B. Counties; rules and regulations relating to dogs; limitations

§ 148. Repealed, 1932, 289, Sec. 6

§ 149. Accounts of treasurers

§ 150. Lists of dogs; refusal to answer person listing dogs; false answers

§ 151. 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. Issuance of warrant to officers; duties; confinement of dogs; allowance for care

§ 151B. Emergency treatment of dogs or cats injured on ways; payment to veterinarians

§ 152. Returns by officers

§ 153. Form of warrant to officers

§ 154. Repealed, 1934, 320, Sec. 17

Damage Done by Dogs/ Dangerous Dogs:

§ 155. Liability for damage caused by dog; minors; presumption and burden of proof

§ 156. Killing dogs under certain conditions; wounded dogs

§ 157. Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs

§ 158. Killing unrestrained dogs or dogs in wild state

§ 159. Treble damages for injuries caused by dogs ordered to be restrained

§ 160. Killing dogs which have worried or killed stock or fowl; bond

§ 161. Damages caused by dogs and paid by county; compensation for appraisers

§ 161A. Damages caused by dogs not reimbursable; amount of awards

§ 162. Reward for killing dog or for evidence determining owner

§ 163. Notice to kill dog which has caused damage

§ 164. Failure to kill, confine or restrain dog after notice

§ 165. Investigators; investigation of damages caused by dogs; settlement; action against owner or keeper; payments over to county treasurer

§ 166. Election of remedy by person damaged

§ 167. Ordering dogs to be muzzled or restrained; killing unmuzzled or unrestrained dogs

§ 168. Service of order to muzzle or restrain dogs; penalty

§ 169. Penalty on officer; report of refusal or neglect of officer to perform duties

§ 170. Suffolk county; disposition of money received; determination and payment of claims for damages caused by dogs

§ 171. Liability to county or town of owner or keeper of dog; action

§ 172. Disposition of balance of dog fund

§ 173. Ordinances and by-laws relating to dogs

§ 173A. Violation of dog control laws; non-criminal disposition

§ 174. Recovery of penalties

Euthanasia:

§ 174A. Killing of dogs by carbon monoxide fumes

Leash Provisions:

§ 174B. Restraint of dogs in public highway rest areas; penalty

§ 174C. Repealed, 1976, 299, Sec. 1

Research/Experimentation Provisions:

§ 174D. Research institutions; license to use dogs or cats; rules and regulations

§ 175. Repealed, 1945, 276, Sec. 2

Wildlife Provisions

Part I. Administration of the Government (Ch. 1-182). Title XIX. Agriculture and Conservation (Ch. 128-132B). Chapter 131. Inland Fisheries and Game and Other Natural Resources.

§ 21A. Unfair hunting practices prohibited

§ 82. Dogs, running at large; protection of deer

 

 

§ 136A. Definitions

The following words and phrases as used in sections one hundred and thirty-seven to one hundred and seventy-five, inclusive, unless the context otherwise requires, shall have the following meanings:

"Adoption", the delivery of a cat or dog to any person eighteen years of age or older for the purpose of harboring as a pet.

"Commissioner", the commissioner of public health.

"Director", the director of the division of accounts of the department of corporations and taxation.

"Dog fund", the fees, fines and reimbursements collected in connection with the licensing of dogs and the enforcement of said sections.

"Dog officer", any officer appointed under said sections to enforce the laws relating to dogs.

"Keeper", any person, corporation or society, other than the owner, harboring or having in his possession any dog.

"Kennel", one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.

"License period", the time between April first and the following March thirty-first, both dates inclusive.

"Live stock or fowls", animals or fowls kept or propagated by the owner for food or as a means of livelihood; also deer, elk, cottontail rabbits and northern hares, pheasants, quail, partridge and other birds and quadrupeds determined by the department of fisheries, wildlife and environmental law enforcement to be wild and kept by, or under a permit from, said department in proper houses or suitable enclosed yards. Such phrase shall not include dogs, cats and other pets.

"Research institution", any institution operated by the United States or by the commonwealth or a political subdivision thereof, or any school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, medical diagnostic laboratory or biological laboratory, hospital or other educational or scientific establishment within the commonwealth above the rank of secondary school, which, in connection with any of its activities, investigates or gives instruction concerning the structure or functions of living organisms or the causes, prevention, control or cure of diseases or abnormal conditions of human beings or animals.

"Shelter", a public animal control facility, or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect, or abuse.

CREDIT(S)

Added by St.1934, c. 320, § 1. Amended by St.1943, c. 111, § 1; St.1975, c. 706, § 283; St.1983, c. 631, §§ 2, 3; St.1985, c. 231, § 54; St.1987, c. 331, § 1.

§ 137. Registration and licenses

A person who at the commencement of a license period is, or who during any license period becomes, the owner or keeper of a dog six months old or over which is not duly licensed, and the owner or keeper of a dog when it becomes six months old during a license period, shall cause it to be registered, numbered, described and licensed until the end of such license period, and the owner or keeper of a dog so registered, numbered, described and licensed during any license period, in order to own or keep such dog after the beginning of the succeeding license period, shall, before the beginning thereof, cause it to be registered, numbered, described and licensed for such period. The registering, numbering, describing and licensing of a dog, if kept in Boston shall be in the office of the police commissioner or if kept in any other town in the office of the clerk thereof.

No town clerk or, in Boston, the police commissioner, shall grant such license for any dog unless the owner thereof provides such town clerk or, in Boston, the police commissioner, either a veterinarian's certification that such dog has been vaccinated in accordance with the provisions of section one hundred and forty-five B, or has been certified exempt from such provision as hereinafter provided, or a notarized letter from a veterinarian that a certification was issued or a metal rabies tag bearing an expiration date indicating that such certification is still in effect.

A dog licensing official may grant an exemption from the provisions of section one hundred and forty-five B for any dog which has not yet attained the age of six months, any dog which the local board of health, for a specified period of time, declared exempt upon presentation of a veterinarian's certificate stating that because of an infirmity, other physical condition or regimen of therapy, that inoculation is thereby deemed inadvisable, or any dog in transit, or dog brought into the commonwealth, temporarily, for the sole purpose of showing in dog shows or exhibition.

The license shall be in a form prescribed by the director, upon a blank to be furnished, except in the county of Suffolk, by the county in which the town is located, and shall be subject to the condition expressed therein that the dog which is the subject of the license shall be controlled and restrained from killing, chasing or harassing live stock or fowls. The owner of any dog may add descriptive words, not over ten in number, upon the license form to indicate the color, breed, weight and special markings of the licensed dog. The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag in a form prescribed by the director, and upon which shall appear the license number, the name of the town issuing such license and the year of issue. Such tags shall be furnished in the same manner as the license blanks, and if any such tag shall be lost the owner or keeper of such dog shall forthwith secure a substitute tag from the town clerk or, in Boston, from the police commissioner, at a cost of ten cents which, if received by a town clerk, shall be retained by him unless otherwise provided by law. This section shall not apply where it is otherwise provided by law, nor shall it apply to a person having a kennel license.

CREDIT(S)

Amended by St.1932, c. 289, § 1; St.1934, c. 320, § 2; St.1943, c. 111, § 2; St.1945, c. 140; St.1956, c. 44, § 1; St.1956, c. 78, § 1; St.1979, c. 474, § 1; St.1980, c. 100, § 1; St.1983, c. 525, § 1; St.1987, c. 118.

§ 137A. Kennel licenses

Every person maintaining a kennel shall have a kennel license. Any owner or keeper of less than four dogs three months old or over who does not maintain a kennel may elect to secure a kennel license in lieu of licensing such dogs under section one hundred and thirty-seven, and during such time as he does not license such dogs thereunder shall have a kennel license and shall be subject to this section and to sections one hundred and thirty-seven B and one hundred and thirty-seven C and to so much of section one hundred and forty-one as relates to violations of this section, section one hundred and thirty-seven B or section one hundred and thirty-seven C to the same extent as though he were maintaining a kennel. Kennel licenses under this section shall be issued by the police commissioner of the city of Boston if the dogs are to be kept under such license in said city or by the clerk of any other town if to be so kept in said town.

Such license shall be in a form prescribed by the director, upon a blank to be furnished, except in the county of Suffolk, by the county in which the town is located. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a kennel shall cause each dog kept therein to wear, while it is at large, a collar or harness of leather or other suitable material, to which shall be securely attached a tag upon which shall appear the number of such kennel license, the name of the town issuing such license and the year of issue. Such tags shall be in a form prescribed by the director, and shall be furnished to such owner or keeper by the clerk of the town in which such kennel is licensed, or, if licensed in Boston, by the police commissioner, in quantities not less than the number of dogs kept in such kennel. The fee for each license for a kennel shall be ten dollars if not more than four dogs are kept in said kennel, twenty-five dollars if more than four but not more than ten dogs are kept therein and fifty dollars if more than ten dogs are kept therein; provided, that, for the purpose of determining the amount of such fee for any kennel, dogs under the age of six months shall not be counted in the number of dogs kept therein. The name and address of the owner of each dog kept in any kennel, if other than the person maintaining the kennel, shall be kept on file thereat and available to inspection by the county commissioners and by any dog officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.

The clerk of any town, or in Boston the police commissioner, shall upon application issue without charge a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse and for the relief of suffering among animals.

Any holder of a license for a kennel in any town may remove his kennel to a location in any other town in the same county, with the written approval of such new location of the mayor or selectmen of the town to which he removes his kennel. Before such removal he shall deliver to the clerk of the town into which he intends to remove his kennel the written approval of the mayor or selectmen thereof and his original license, and the clerk shall thereupon, on payment of a fee of one dollar, issue to him a new license covering the new location for the balance of the period of the original license.

CREDIT(S)

Added by St.1934, c. 320, § 3. Amended by St.1937, c. 95; St.1943, c. 111, § 3; St.1975, c. 706, § 284.

§ 137B. Sale or other delivery of unlicensed dog by kennel licensee

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. 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. The purchaser or other recipient of a dog shall, within two weeks of the purchase or receipt of such dog, either return the same to the licensee from whom it was received, together with the collar or harness, tag and certificate, or return to such licensee said tag, and a certificate signed by the clerk of the town where the dog is to be kept and certifying that the dog has been licensed in the name of such purchaser or recipient or of some other person. If any such purchaser or recipient fails to comply with the preceding sentence, such licensee shall notify the clerk of the town in which he is licensed of the purchase, exchange or gift of such dog and shall furnish to such clerk the date thereof, and the name and address of the purchaser or recipient.

CREDIT(S)

Added by St.1934, c. 320, § 3.

§ 137C. Inspection of kennels; revocation, suspension and reinstatement of license; nuisance

The mayor of a city or selectmen of a town, or in Boston the police commissioner, or a chief of police or a dog officer within his jurisdiction, may at any time inspect or cause to be inspected any kennel and if, in their or his judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the county commissioners, or in Boston the police commissioner, shall by order revoke or suspend, and in case of suspension may reinstate, such license. Upon the petition of twenty-five citizens, filed with the mayor of a city or the selectmen of a town, or in Boston with the police commissioner, setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in such city or town, because of the excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, said mayor, selectmen or police commissioner, as the case may be, within seven days after the filing of such petition, shall give notice to all parties in interest of a public hearing to be held within fourteen days after the date of such notice. Within seven days after such public hearing said mayor or selectmen, in Nantucket county or in Suffolk county elsewhere than in Boston, or in Boston said police commissioner, shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. In counties other than Nantucket or Suffolk, said mayor or selectmen within said seven days shall report in writing to the county commissioners their recommendations and within seven days after receipt of such report said county commissioners shall investigate or cause to be investigated the subject matter of such petition and shall, by order, either affirm or deny such recommendations by suspending or revoking such kennel license or otherwise regulating such kennel, or by dismissing the petition. Written notice of any order under this section revoking, suspending or reinstating a license shall be mailed forthwith to the officer issuing such license and to the holder of such license. Within ten days after such order the holder of such license may bring a petition in the district court within the judicial district of which such kennel is maintained, addressed to the justice of the court, praying that the order may be reviewed by the court, and, after such notice to the officer or officers involved as the court may deem necessary, it shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. The decision of the court shall be final and conclusive upon the parties. Any person maintaining a kennel after the license therefor has been so revoked, or while such license is so suspended, shall be punished by a fine of not more than fifty dollars.

CREDIT(S)

Added by St.1934, c. 320, § 3. Amended by St.1939, c. 206; St.1997, c. 43, § 103.

§ 137D. Surrender of license or tag for offenses against animals

Unless otherwise specifically provided by law, every license and tag issued under the provisions of sections one hundred and thirty-seven and one hundred and thirty-seven A, or under any ordinance or by-law relative to the licensing of dogs made under the authority of this chapter, held by any person found guilty of, or penalized in any manner for, a violation of any provision of sections seventy-seven, eighty A, ninety-four or ninety-five of chapter two hundred and seventy-two, shall be void, and shall immediately be surrendered to the authority issuing such license and tag.

The clerk of the court in whose jurisdiction such finding has been made shall notify the licensing authority in the city or town where the guilty person resides.

No person shall be given a license and tag under authority of section one hundred and thirty-seven and one hundred and thirty-seven A during a period of two years from the date of his being found guilty or penalized as aforesaid, and any such license and tag so issued shall be void and shall be surrendered on demand of any authority granting such license and tag. No fee received for a license and tag made void under this section shall be refunded to the holder thereof.

CREDIT(S)

Added by St.1948, c. 329.

§ 138. Change of owner or keeper of licensed dog; dog brought into commonwealth

A person who during any license period becomes the owner or keeper of a dog which is duly licensed in the town where it is to be kept shall forthwith give notice in writing to the clerk of such town, 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. Any person bringing or causing to be brought from another state or country any dog licensed under the laws thereof which is three months old or over or will be three months old before the expiration of thirty days therefrom shall, on or before the expiration of thirty days following the arrival of such dog within the commonwealth, cause such dog to be registered, numbered, described and licensed for the remainder of the then current license period.

CREDIT(S)

Amended by St.1934, c. 320, § 4; St.1938, c. 92; St.1943, c. 111, § 4.

§ 138A. Importation of dogs and cats for commercial resale; health certificates; violations

All dogs or cats brought or shipped into the commonwealth for commercial resale shall be inoculated against distemper not more than thirty nor less than seven days before entry and shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the commissioner of agriculture. If such certificate is unavailable in the state of origin then a similar examination and certification shall be made within fourteen days of the arrival of the animal in the commonwealth.

An official health certificate shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin containing the names and addresses of the consignor and consignee, or in the case of examination after entry into the commonwealth the name of the consignee. The certificate or form shall also show age, sex, breed and description of each dog or cat and that the dogs are free from visual evidence of communicable disease such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and intestinal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, and intestinal parasites, distemper, feline panleukipenia, and feline respiratory infections and feline distemper.

Dogs or cats purchased within the commonwealth for resale by commercial establishments or pet shops shall be accompanied by a health certificate issued by an accredited veterinarian. The certificate shall show age, sex, breed, and description of each dog or cat and that the dogs are free from visual evidence of communicable diseases such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and internal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, intestinal parasites, and feline respiratory infections and feline distemper.

No commercial establishment, pet shop, firm or corporation shall import into the commonwealth for sale or resale in the commonwealth any cat or dog less than eight weeks of age.

All dogs or cats imported for resale shall be held in isolation by the importer for a period of two days prior to offering for sale.

All dogs or cats sold in the state by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating dates and types of vaccine administered.

Whoever is convicted of a violation of any of these sections may be punished by a fine of not less than fifty nor more than one hundred dollars for each such offense. In addition thereto or in lieu thereof, the commissioner of agriculture may, after notice and hearing, revoke or suspend a pet shop, kennel, and boarding kennel license providing any person, firm or corporation maintaining such pet shop, kennel and boarding kennel violates any of these regulations.

Any person, firm or corporation aggrieved by an order under this section may, by petition, appeal within thirty days to the superior court where said person resides, or where the firm or corporation is located. Such person shall, in substance, state the findings by the commissioner and the grounds of appeal and said court shall consider said proceedings de novo and the parties thereto shall have right of exception and appeal.

Nothing in this act shall be construed to prohibit the temporary importation of dogs for racing or field trials or the temporary importation of dogs or cats for show purposes, nor shall it prohibit the importation of dogs and cats as pets by individual owners.

CREDIT(S)

Added by St.1980, c. 430. Amended by St.2000, c. 233.

§ 139. 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

The fee for every license shall, except as otherwise provided, be three dollars for a male dog and six dollars for a female dog, unless a certificate of a registered veterinarian who performed the operation that said female dog has been spayed and has thereby been deprived of the power of propagation has been shown to the town clerk, in which case the fee shall be three dollars. If the town clerk is satisfied that the certificate of the veterinarian who spayed the dog cannot be obtained, he may accept in lieu thereof a statement signed under the penalties of perjury by a veterinarian registered and practicing in the commonwealth, describing the dog and stating that he has examined such dog and that it appears to have been, and in his opinion has been, spayed and thereby deprived of the power of propagation or a receipt of a bill from the veterinarian who performed the operation that spayed such female dog. No fee shall be charged for a license for a dog specially trained to lead or serve a blind person; provided, that the Massachusetts commission for the blind certifies that such dog is so trained and actually in the service of a blind person. No fee shall be charged for a license for a dog owned by a person aged 70 years or over in any city or town that accepts this provision. No fee shall be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided, that the director of the office of deafness certifies that such dog is so trained and actually in the service of the deaf person. The office on disability shall adopt rules and regulations for the licensing of service dogs and no fee shall be charged for a license for a dog recognized as a service dog. No license fee or part thereof shall be refunded because of the subsequent death, loss, spaying, or removal from the commonwealth or other disposal, of the dog, nor shall any license fee or part thereof paid by mistake be paid or recovered back after it has been paid over to the county under section one hundred and forty-seven.


CREDIT(S)

Amended by St.1934, c. 320, § 5; St.1939, c. 23; St.1941, c. 132; St.1956, c. 44, § 2; St.1962, c. 35, § 1; St.1966, c. 535, § 11; St.1971, c. 19; St.1983, c. 59; St.1983, c. 585, § 6; St.2002, c. 369; St.2004, c. 505, eff. April 13, 2005.

§ 139A. Shelters; sale or gift of dog or cat not spayed or neutered

No shelter shall sell or give away any dog or cat that has not been spayed or neutered, unless a deposit of not less than ten nor more than thirty dollars for spaying or neutering such dog or cat has been tendered to the shelter. 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.

Any dog or cat six months of age or older at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days, or the deposit shall be deemed unclaimed. Any dog or cat under six months of age at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days after reaching six months of age, or the deposit shall be deemed unclaimed.

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

(4) costs incurred under this section.

A shelter may enter into a cooperative agreement with another shelter and with a veterinarian in carrying out the provisions of this section.

CREDIT(S)

Added by St.1987, c. 331, § 2.

§ 140. Repealed, 1934, 320, Sec. 6

§ 141. Violation of statutes

Whoever violates any provision of sections one hundred and thirty-seven, one hundred and thirty-seven A, one hundred and thirty-seven B, or one hundred and thirty-eight shall forfeit not less than twenty-five dollars, which shall be paid, if the dog was kept in any town in Suffolk county, to the treasurer of the town, or, if kept in any other county, to the treasurer thereof. If the dog as to which such violation occurs was unlicensed at the time of such violation, the court shall impose the forfeiture provided herein.

CREDIT(S)

Amended by St.1934, c. 320, § 7; St.1987, c. 404.

§ 141A. Application of law; exception

Sections one hundred and thirty-seven to one hundred and forty-one, inclusive, shall not apply to any institution licensed under the provisions of chapter forty-nine A.

CREDIT(S)

Added by St.1957, c. 298, § 2.

§ 141B. Application of law; licensed pet shops exempted

Sections one hundred and thirty-seven to one hundred and forty-one, inclusive, shall not apply to any pet shop the owner of which is licensed under the provisions of section thirty-nine A of chapter one hundred and twenty-nine.

CREDIT(S)

Added by St.1973, c. 854.

§§ 142 to 144. Repealed, 1934, 320, Sec. 8

§ 145. Symptoms of rabies printed on license; description supplied by department of health

Every license issued to the owner of a dog shall have a description of the symptoms of rabies printed thereon. Such description shall be supplied by the department of public health to the director of accounts upon application therefor.

CREDIT(S)

Amended by St.1932, c. 289, § 2.

§ 145A. Anti-rabic vaccine and treatment; reimbursement for cost

The board of health of a city or town shall, upon application, furnish free of charge to any uninsured resident thereof who has been exposed to rabies, or may have been so exposed, anti-rabic vaccine and anti-rabic treatment, in accordance with rules and regulations which the department of public health is hereby authorized to make. 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. Boards of health shall establish rates of compensation for such treatment. A city or town so furnishing vaccine and treatment shall be reimbursed for the cost thereof, not exceeding fifty dollars in the case of any one person, from the dog fund of the county in which is situated the city or town where the person treated was exposed to rabies, except that if such exposure occurred in Suffolk county such reimbursement shall be made by the city or town where such person was exposed to rabies, and except that if such vaccine and treatment are given by the board of health of a city or town because of a bite by or other exposure to rabies from a dog required to be licensed therein, the city or town shall not be so reimbursed, unless such dog is licensed at the time of such bite or other exposure. No such reimbursement shall include any part of the salary of a salaried city or town physician. The county commissioners of all counties except Suffolk, acting jointly, or the county commissioners of each county, except Suffolk, shall contract for the supplying of such vaccine to the several cities and towns on the order of their respective boards of health, and shall, from time to time, notify said boards of the terms and conditions of contracts made hereunder. No city or town for which a supply of such vaccine is provided by a contract as aforesaid shall be reimbursed hereunder for any such vaccine not purchased under such contract.

CREDIT(S)

Added by St.1932, c. 289, § 3. Amended by St.1934, c. 320, § 9; St.1937, c. 375; St.1939, c. 42; St.1996, c. 151, § 337.

§ 145B. Vaccination against rabies; certificate; tag; proof of vaccination; penalty

Whoever is the owner or keeper of a dog or cat in the commonwealth six months of age or older shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer's directions, and shall cause such dog or cat to be revaccinated at intervals recommended by the manufacturer. Unvaccinated dogs and cats acquired or moved into the commonwealth shall be vaccinated within ninety days after the acquisition or arrival into the commonwealth or upon reaching the age of six months, whichever last occurs. It shall be the duty of each veterinarian, at the time of vaccinating any dog or cat, 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.

The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; provided, however, that the owner of a cat may choose not to affix a tag to his cat, but shall have the tag available for inspection by authorized persons. 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.

In order for a dog or cat to be accepted at an animal hospital, veterinarian's office or boarding facility an owner or keeper of such animal shall show proof of current vaccination against rabies; provided however, that if a dog or cat has not been so vaccinated or such owner or keeper fails to show such proof the animal shall be vaccinated against rabies prior to being discharged if the animal's medical condition permits.

The provisions of this section shall not apply to dogs or cats housed in a research institution.

Whoever violates the provisions of this section shall be punished by a fine of not more than fifty dollars.

CREDIT(S)

Added by St.1969, c. 207. 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.

§ 146. License valid throughout state; removal of dog into another town

A license duly recorded shall be valid throughout the commonwealth, except that, in the case of the permanent removal of a dog into another town within the commonwealth, the owner or keeper thereof shall, within thirty days after such removal, present the original license and tag of such dog to the clerk of the town to which such dog has been removed, and such clerk shall take up the same and issue to said owner or keeper a transfer license, together with a tag, for such dog upon payment of twenty-five cents which shall be retained by the clerk unless otherwise provided by law. The provisions of section one hundred and thirty-seven relative to the form and furnishing of licenses and tags shall apply to licenses and tags issued under this section.

CREDIT(S)

Amended by St.1934, c. 320, § 10; St.1941, c. 133, § 1.

§ 147. Issuance of licenses; disposition of fees; return of license books and tags to county; penalties; action on official bond

The police commissioner of Boston and the clerks of other cities and of towns shall issue said licenses and tags, receive the money thereof and pay it into the treasuries of their respective cities and towns on the first Monday of each month or more often, retaining, except in Boston, for their own use seventy-five cents for each license unless otherwise provided by law, and shall certify under penalties of perjury to the amounts of money thus received and paid over by them. The city and town treasurers shall pay into the treasuries of their respective counties, except in Suffolk county, on or before June first and December first of each year, the amounts received by them on account of such licenses and not previously paid over and shall certify under penalties of perjury to the amounts of money thus received and paid over by them; provided, however, that in Worcester county payment into the treasury shall be made on or before the last day of each month. All such licenses shall bear date of issue and no other. The police commissioner of Boston and each such city or town clerk shall make a record, in books kept therefor and to be furnished, except in the county of Suffolk, by the county in which such city or town is located, of each license issued by him, of the name of the owner or keeper of each dog licensed, and of the name, registered number and description of each such dog, and such books shall be open to public inspection during the usual office hours of such police commissioner or city or town clerk. All blanks for such licenses and tags and all such record books shall be paid for out of the dog fund. Each city or town clerk, except in Suffolk county, shall, within thirty days next succeeding April first in each year return to the county all license books and tags furnished for the preceding license year, including all stubs and void licenses and unused license blanks and all licenses and tags taken up in accordance with section one hundred and forty-six. The said police commissioner and any city or town clerk or city or town treasurer violating any provision of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not less than one month nor more than one year, or both. If such a city or town clerk neglects or fails to pay such money into the city or town treasury as required by this section, the city or town may recover the amount thereof for the benefit of the county, with all damages sustained through such neglect or failure, and interest, in an action on the official bond required, in the case of a city clerk, by section thirteen A of chapter forty-one and, in the case of a town clerk, by section thirteen of said chapter forty-one. All payments required hereunder shall be subject to the provisions of section fifty-two of said chapter forty-one.

CREDIT(S)

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.

§ 147A. By-laws and ordinances relative to regulation of dogs

Any city or town which accepts the provisions of this section is hereby empowered to enact by-laws and ordinances relative to the regulation of dogs. Except as hereinafter provided in clauses (a), (b) and (c), and notwithstanding any contrary provision of sections one hundred and thirty-seven to one hundred and seventy-four D, inclusive, relating to the regulation of dogs or any special law relating to the regulation of dogs, such by-laws and ordinances may relate to, but not be limited to dog licensing, establishing dog fees, disposition of fees, appointment of dog officers, kennel licensing and regulations, procedures for the investigation of and reimbursement for damage caused by dogs, restraining of dogs and establishing penalties for a breach thereof. No such by-law or ordinance shall be inconsistent with the provisions of this chapter relating to (a) the turning over or sale of animals to any business or institution licensed or registered as a research facility or animal dealer, as provided in section one hundred and fifty-one; (b) the minimum confinement period of dogs as provided in section one hundred and fifty-one A; and (c) the methods of execution, as provided in said section one hundred and fifty-one A.

In any city or town which accepts this section, all money received from licenses or recovered as fines under any by-law or ordinance enacted pursuant to the provisions of this section, shall be paid into the treasury of said town or city and shall not thereafter be paid over by the town or city treasurer to the county in which said town or city is located.

Any and all functions relating to the regulation of dogs pursuant to section one hundred and thirty-seven to one hundred and seventy-four D, inclusive, which would otherwise be performed by the county, by the county commissioner or otherwise, shall not be performed by the county on behalf of any city or town which is not a member of the county dog fund.

Any and all costs which would otherwise be paid out of the county dog fund shall not be paid by the county to any city or town which is not a member of the county dog fund, or to any city or town which accepts this section and such cities and towns shall thereupon be responsible for all costs and expenses relating to the regulation of dogs.

CREDIT(S)

Added by St.1985, c. 308. Amended by St.1986, c. 201, § 1.

§ 147B. Counties; rules and regulations relating to dogs; limitations

Any county which by a two-thirds vote of the county commissioners and with advisory board approval accepts the provisions of this section is hereby authorized to establish rules and regulations relative to the regulation of dogs; provided, however, that such rules and regulations shall not have effect in a city or town which accepts the provisions of section one hundred and forty-seven A. Except as hereinafter provided in clauses (a), (b) and (c), and notwithstanding any contrary provision of sections one hundred and thirty-seven to one hundred and seventy-four D, inclusive, relating to the regulation of dogs, such rules and regulations may relate to, but not be limited to, dog licensing, establishing dog fees, disposition of fees, appointment of dog officers, kennel licensing and regulations, procedures for the investigation of and reimbursement for damage caused by dogs, restraining of dogs and establishing penalties for a breach hereof. No such rule or regulation shall be inconsistent with the provisions of this chapter relating to (a) the turning over or sale of animals to any business or institution licensed or registered as a research facility or animal dealer, as provided in section one hundred and fifty-one; (b) the minimum confinement period of dogs as provided in section one hundred and fifty-one A; (c) the methods of execution, as provided in said section one hundred and fifty-one A; (d) emergency care, treatment or disposal of injured dogs or cats, as provided in section one hundred and fifty-one B.

CREDIT(S)

Added by St.1986, c. 201, § 2.

§ 148. Repealed, 1932, 289, Sec. 6

§ 149. Accounts of treasurers

Each county, city and town treasurer, except in Suffolk county, shall keep an accurate and separate account of all money received and expended by him under the provisions of this chapter relating to dogs.

HISTORICAL AND STATUTORY NOTES

2002 Main Volume

St.1859, c. 225, § 1.
G.S.1860, c. 88, § 53.
St.1864, c. 299, § 4.
St.1867, c. 130, § 4.
P.S.1882, c. 102, § 85.
R.L.1902, c. 102, § 135.

§ 150. Lists of dogs; refusal to answer person listing dogs; false answers

Persons authorized or directed by section four of chapter fifty-one or by any special law to make lists of residents three years of age or older shall make a list of all dogs owned by the inhabitants at the time of making lists required under such section and return the same in duplicate to the city or town clerk, or, in Boston, to the police commissioner on or before April first. An owner or keeper of a dog who refuses to answer or answers falsely to persons directed or authorized to make a list of the owners of dogs shall be punished by a fine of not less than ten dollars which, except in Suffolk county, shall be paid into the county treasury.

CREDIT(S)

Amended by St.1934, c. 320, § 12; St.1954, c. 357; St.1985, c. 477, § 48.

§ 151. Dog officers; reimbursement of cities and towns for services; contracts with corporation to perform duties of officers; turning over or sale of animals; penalty

The mayor of each city and the board of selectmen of each town shall annually on May first designate one or more dog officers, who may be police officers or constables and who, except as herein provided, shall hold office for one year or until their successors are qualified. The mayor or board of selectmen shall forthwith submit to the county commissioners the names and address of such officers. Except as hereinafter otherwise provided, if any city or town shall fail to make such appointment, the county commissioners shall on June first thereafter appoint a dog officer for such city or town. Any dog officer who fails to comply with the terms of his warrant shall forthwith be removed from office by the mayor or board of selectmen, and notice of such removal shall forthwith be given to the county commissioners. Dog officers, other than those employed under regular pay, shall receive from the treasurers of their respective cities and towns two dollars for each dog killed, as provided in section one hundred and fifty-one A, in full compensation for their services; provided, however, that any dog officer shall, prior to engaging in execution of animals, have completed under the supervision of a veterinarian registered under the provisions of section fifty-five or fifty-six C of chapter one hundred and twelve a course of instruction in humane techniques for the execution of animals. Each dog officer before disposing of any dog in his possession shall check its description against the descriptions issued on dogs licensed within his city or town. Bills for such services shall be approved by the mayor of the city or the board of selectmen of the town in which said dogs are kept or killed, and in Suffolk county shall be paid out of the dog fund. Cities and towns in counties other than Suffolk shall be reimbursed by the treasurers of their respective counties from the dog fund. Each dog officer appointed under this section shall also attend to all complaints or other matters pertaining to dogs in their respective towns, in addition to the duties imposed upon him by his warrant, and shall be paid for such services by the town treasurer upon bills approved by the mayor or by the board of selectmen. The mayor of any city or the board of selectmen of any town may, instead of appointing dog officers as hereinbefore provided, enter into a contract with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse, to perform the duties required of dog officers, which contract shall, except in Suffolk county, be subject to the approval of the county commissioners. In any such case the payments to such corporation under the terms of the contract shall be in full for all services rendered by it in such capacity. Whenever in the opinion of the county commissioners the co-operation of the local dog officer with a county dog officer is necessary for the proper enforcement of sections one hundred and thirty-seven to one hundred and seventy-five, inclusive, they may require such co-operation.

No dog officer shall be a licensed animal dealer registered with the United States Department of Agriculture, and no dog officer, either privately or in the course of carrying out his official assignments as an agent for his municipality, shall give, sell, or turn over any animal which may come into his custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. No municipality shall give, sell, or turn over any 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. Whoever violates the provisions of this paragraph shall be punished by a fine of not less than fifty nor more than two hundred dollars.

CREDIT(S)

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.

§ 151A. Issuance of warrant to officers; duties; confinement of dogs; allowance for care

In the several cities and towns of the several counties, except Suffolk county, the mayor or board of selectmen shall annually within ten days after June first issue a warrant to such dog officer or officers directing him or them to seek out, catch and confine all dogs within the city or town which then have not been licensed, collared or harnessed, and tagged, as required by this chapter, and to enter and prosecute a complaint for failure to comply with the provisions of this chapter against the owners or keepers thereof, if known, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have curariform-like action, electrocution or any other method which causes an unnecessarily cruel death each such dog which after being detained by or for him for a period of ten days shall not then have been licensed, collared or harnessed, and tagged; provided, that at the end of ten days such dog officer may make available for adoption any male or any spayed female dog not found to be diseased, for a sum not less than three dollars and shall keep an account of all moneys received by him for such adoption and shall forthwith pay over such sums to the town treasurer who shall forward all such money to the county treasurer in the same manner as dog license money as provided in section one hundred and forty-seven. Before delivery of any dog so adopted such dog officer shall require the purchaser to show identification and to procure a license and tag for such dog from the clerk of the town where the dog is to be kept. Dogs confined under authority of 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. The county commissioners from time to time shall cause all such places to be inspected and shall make necessary orders in relation thereto. A dog officer having custody of a confined dog shall be allowed the sum of three dollars per day for the care of such dog, payable by the owner or keeper thereof, if known, otherwise from the dog fund.

Every dog officer shall make, keep, and maintain systems of records or forms which fully and correctly disclose the following information concerning each animal in his custody:

The date and location of each apprehension; a description of each animal; place of confinement; if tagged, the name and address of owners of such animal; name and address of new owner including the date of sale or transfer of such animal; and, if animal is destroyed, the dog officer shall record the method and date of destruction and the name of the person who executed such animal. Every dog officer shall forward a copy of said record to the town or city clerk as soon as possible. Copies of such record shall, for a period of two years, be kept in the offices of the county dog office and the city or town clerk where such dog officer is employed.

In the cities and towns of Suffolk county, the mayor or board of selectmen shall annually within seven days after June first issue a warrant to such dog officer or officers directing him to seek out, catch and confine all dogs within the city or town which then have not been licensed, collared or harnessed, and tagged, as required by this chapter, and to enter and prosecute a complaint for failure to comply with the provisions of this chapter against the owners or keepers thereof, if known, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have curariform-like action, electrocution or any other method which causes an unnecessarily cruel death each such dog which after being detained by or for him for a period of seven days shall not then have been licensed, collared or harnessed, and tagged; provided, that at the end of seven days such dog officer may make available for adoption any male or any spayed female dog not found to be diseased, for a sum not less than three dollars and shall keep an account of all moneys received by him for such adoption and shall forthwith pay over such sums to the town treasurer who shall forward all such money to the county treasurer in the same manner as dog license money as provided in section one hundred and forty-seven. Before delivery of any dog so adopted such dog officer shall require the purchaser to procure a license and tag for such dog from the clerk of the town where the dog is kept. Dogs confined under authority of 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. The county commissioners from time to time shall cause all such places to be inspected and shall make necessary orders in relation thereto. A dog officer having custody of a confined dog shall be allowed the sum of three dollars per day for the care of such dog, payable by the owner or keeper thereof, if known, otherwise from the dog fund.

CREDIT(S)

Added by St.1934, c. 320, § 14. Amended by St.1948, c. 11, § 2; St.1957, c. 48; St.1957, c. 298, § 3; St.1962, c. 98; St.1969, c. 18; St.1973, c. 49, § 2; St.1974, c. 778, § 2; St.1976, c. 289, § 2; St.1983, c. 137, §§ 1, 2; St.1983, c. 458; St.1983, c. 631, § 5; St.1985, c. 394, §§ 1, 2; St.1986, c. 123.

§ 151B. Emergency treatment of dogs or cats injured on ways; payment to veterinarians

Any veterinarian registered under the provisions of section fifty-five or fifty-six A of chapter one hundred and twelve who renders emergency care or treatment to, or disposes of, 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 dog fund of the county in which the injury occurred, in an amount not to exceed twenty dollars for such care, treatment or disposal; provided, however, such emergency care, treatment or disposal shall be for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of twenty-four hours, whichever is sooner. Any veterinarian who renders such emergency care or treatment to, or disposes of, such dog or cat shall notify the dog officer in the city or town and, upon notification, such dog officer shall assume control of such dog or cat.

CREDIT(S)

Added by St.1975, c. 146.

§ 152. Returns by officers

Each police officer, constable or dog officer to whom such warrant is issued shall make returns, on or before October first, on or before January first, and on or before April first, in each year, and at the expiration of his term of office, to the mayor or chairman of the board of selectmen issuing the same, and shall state in said returns the number of dogs which he has caught, confined or killed, or made available for adoption, the names of the owners or keepers thereof and whether all unlicensed dogs in his town have been caught, confined or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of this chapter relating to dogs, and whether complaints have been entered against all of the persons who have failed to comply therewith since the previous report.

CREDIT(S)

Amended by St.1934, c. 320, § 15; St.1957, c. 298, § 4; St.1983, c. 631, § 6.

§ 153. Form of warrant to officers

In the several cities and towns of the several counties, except Suffolk county, such warrant may be in the following form:--

COMMONWEALTH OF MASSACHUSETTS

(Seal)

, ss.

To , constable of the city (or town) of

In the name of the commonwealth of Massachusetts, you are hereby required to proceed forthwith to seek out, catch and confine all dogs within said city (or town) not duly licensed, collared or harnessed, and tagged, according to the provisions of chapter one hundred and forty of the General Laws, and you are further required to make and enter complaint against the owner or keeper of every such dog, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have a curariform-like action, electrocution, or any other method which causes an unnecessarily cruel death each dog which after being detained for a period of ten days, shall not then have been duly licensed, collared or harnessed, and tagged, except that any male or any spayed female dog not found to be diseased may be made available for adoption for not less than three dollars, and you shall keep an account of any such adoption and forthwith pay over the money to the town treasurer. 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.

Hereof fail not, and make due return of this warrant with your doings therein, on or before the first day of October next, on or before the first day of January next, and on or before the first of April next, and at the expiration of your term of office, stating the number of dogs caught, confined and/or killed, or adopted, and the name of the owners or keepers thereof, and whether all unlicensed dogs in said city (or town) have been caught, confined and/or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of said chapter one hundred and forty, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said chapter one hundred and forty.

Given under my hand and seal at ______________ aforesaid the ______ day of ____________ in the year nineteen hundred and ______________

Mayor of (or Chairman of the Selectmen of)

In the cities and towns of Suffolk county such warrant may be in the following form:

COMMONWEALTH OF MASSACHUSETTS

(Seal)

, ss.

To , constable of the city (or town) of

In the name of the commonwealth of Massachusetts, you are hereby required to proceed forthwith to seek out, catch and confine all dogs within said city (or town) not duly licensed, collared or harnessed, and tagged, according to the provisions of chapter one hundred and forty of the General Laws, and you are further required to make and enter complaint against the owner or keeper of every such dog, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have a curariform-like action, electrocution, or any other method which causes an unnecessarily cruel death each such dog which, after being detained for a period of seven days, shall not then have been duly licensed, collared or harnessed, except that any male or any spayed female dog not found to be diseased may be made available for adoption for not less than three dollars, and you shall keep an account of any such sale and forthwith pay over the money to the town treasurer. 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.

Hereof fail not, and make due return of this warrant with your doings therein, on or before the first day of October next, on or before the first day of January next, and on or before the first day of April next, and at the expiration of your term of office, stating the number of dogs caught, confined and/or killed, or adopted, and the names of the owners or keepers thereof, and whether all unlicensed dogs in said city (or town) have been caught, confined and/or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of said chapter one hundred and forty, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said chapter one hundred and forty.

Given under my hand and seal at ______________ aforesaid the ______ day of ____________ in the year nineteen hundred and ______________

Mayor of (or Chairman of the Selectmen of)

CREDIT(S)

Amended by St.1934, c. 320, § 16; St.1957, c. 298, § 5; St.1973, c. 49, § 3; St.1974, c. 778, § 3; St.1976, c. 289, § 3; St.1983, c. 631, § 7; St.1985, c. 394, §§ 3, 4.

§ 154. Repealed, 1934, 320, Sec. 17

§ 155. Liability for damage caused by dog; minors; presumption and burden of proof

If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

CREDIT(S)

Amended by St.1934, c. 320, § 18; St.1968, c. 281.

§ 155A. Indemnification of law enforcement officers; damages caused by dogs used in performance of official duties

If an action is brought against a law enforcement officer because of damage caused by a dog which said officer was caring for or maintaining in connection with his official duties, the commonwealth or the political subdivision employing said officer shall indemnify him for expenses or damages incurred in the settlement or defense of such action; provided that in the case of an officer employed by the commonwealth the settlement or defense of such case shall have been made by the attorney general, and that in the case of an officer employed by a city or town such settlement or defense shall have been made by the city solicitor or town counsel or by an attorney legally employed for the purpose by a city or town.

CREDIT(S)

Added by St.1972, c. 495, § 2.

§ 156. Killing dogs under certain conditions; wounded dogs

Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. 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.

CREDIT(S)

Amended by St.1934, c. 320, § 19; St.1951, c. 156.

§ 157. Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs

If any person shall make complaint in writing to the selectmen of a town, the officer in charge of the animal commission or person charged with the responsibility of handling dog complaints of a city, or the county commissioners, that any dog owned or harbored within his or their jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, or that any such dog by such barking or other disturbance is a source of annoyance to any sick person residing in the vicinity such selectmen, officer in charge of the animal commission or person charged with the responsibility of handling dog complaints or county commissioners shall investigate or cause to be investigated such complaint, including an examination on oath of the complainant, and may make such order concerning the restraint or disposal of such dog as may be deemed necessary. Within ten days after such order the owner or keeper of such dog may bring a petition in the district court within the judicial district of which the dog is owned or kept, addressed to the justice of the court, praying that the order may be reviewed by the court, or magistrate thereof, and after such notice to the officer or officers involved as the magistrate deem necessary the magistrate shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. Any party shall have the right to request a de novo hearing on the petition before a justice of the court. The decision of the court shall be final and conclusive upon the parties. Any person owning or harboring such dog who shall fail to comply with any order of the selectmen, officer in charge of the animal commission or person charged with the responsibility of handling dog complaints, county commissioners or district court, as the case may be shall be punished by a fine of not more than twenty-five dollars for the first offense and not more than one hundred dollars for a second or subsequent offense, or by imprisonment for not more than thirty days, for the first offense and not more than sixty days for a second or subsequent offense, or both.

The act of a dog in attacking or biting another dog or other animal may be made the subject of a complaint under the provisions of this section.

Magistrates shall exercise their authority hereunder subject to the limitations of section sixty-two C of chapter two hundred and twenty-one.

CREDIT(S)

Amended by St.1934, c. 320, § 20; St.1976, c. 530; St.1978, c. 478, § 73; St.1985, c. 455; St.1995, c. 286.

§ 158. Killing unrestrained dogs or dogs in wild state

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.

CREDIT(S)

Amended by St.1934, c. 320, § 21.

§ 159. Treble damages for injuries caused by dogs ordered to be restrained

If a dog which the selectmen of a town, chief of police of a city or the county commissioners, or, upon review, a district court, shall have ordered to be restrained shall wound any person, or shall worry, wound or kill any live stock or fowls, the owner or keeper of such dog shall be liable in tort to the person injured thereby in treble the amount of damages sustained by him.

CREDIT(S)

Amended by St.1934, c. 320, § 22.

§ 160. Killing dogs which have worried or killed stock or fowl; bond

The county commissioners of any county, the mayor of any city, the selectmen of any town, or their agents thereto authorized in writing, may, after written notice to the owner or keeper, enter upon the premises of the owner or keeper of any dog known to them to have worried or killed live stock or fowls, and then and there kill such dog, unless such owner or keeper whose premises are thus entered for the said purpose shall give a bond in the sum of two hundred dollars, with sufficient sureties, approved by the county commissioners, conditioned that the dog shall be restrained for twelve months next ensuing. And if the owner or keeper of the dog declares his intention to give such a bond, said selectmen, chief of police or county commissioners, as the case may be, or his or their agents, shall allow him seven days, exclusive of Sundays and holidays, in which to procure and prepare the same and to present it to them, or to file it with the clerk of the town where the said owner or keeper resides.

CREDIT(S)

Amended by St.1934, c. 320, § 23.

§ 161. Damages caused by dogs and paid by county; compensation for appraisers

Whoever suffers loss by the worrying, maiming or killing of his live stock or fowls by dogs, outside the premises of the owners or keepers of such dogs, may, if the damage is done in a city, inform the officer of police of the city who shall be designated to receive such information by the authority appointing the police, and, if the damage is done in a town, may inform the chairman of the selectmen of the town, or, if he is absent or ill, any one of the selectmen, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof if it does not exceed fifty dollars. If in the opinion of said officer of police, chairman or selectman, the amount of said damage exceeds fifty dollars, the damage shall be appraised, on oath, by three persons, of whom one shall be such officer of police, chairman or selectman, one shall be appointed by the person alleged to be damaged, and the third shall be appointed by the other two. The said appraisers shall consider and include in such damages the labor and time necessarily expended in the finding and collecting of the live stock or fowls injured or separated and the value of those lost or otherwise damaged by dogs. The said officer of police, chairman or selectman shall return a certificate of the damages found, except in Suffolk county, to the treasurer of the county where the damage was done, within ten days after such appraisal is made. The treasurer shall thereupon submit the same to the county commissioners, who within thirty days shall examine all bills for damages, and may upon their own motion or upon request of an interested party shall summon the appraisers and all parties interested and make such investigation as they may think proper, and shall issue an order upon the treasurer of the county for such amounts, if any, as they decide to be just and shall notify all interested parties of their decision. The treasurer, except in Suffolk county, shall pay all orders drawn upon him in full, for the above purpose, and for the expenses of appraisal out of any money in the county treasury, and payments made therefor shall be charged to the dog fund. The appraisers shall receive from the county three dollars each for every such examination made by them, and also twenty cents a mile one way for their necessary travel.

CREDIT(S)

Amended by St.1932, c. 289, § 7; St.1934, c. 320, § 24.

§ 161A. Damages caused by dogs not reimbursable; amount of awards

No owner of live stock or fowls shall be reimbursed for damages inflicted by his own dog or dogs, nor shall he be reimbursed for any damage by any dog if, at the time such damage was inflicted, he was himself the owner or keeper of an unlicensed dog of the age of three months or older. No reimbursement shall be made on account of damages by a dog to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge and other live stock or fowls determined by the department of fisheries, wildlife and environmental law enforcement to be wild unless they are kept by, or under permit from, said department, nor unless they shall be kept in proper houses or in suitable enclosed yards. No reimbursement shall be made for damage by a dog to dogs, cats and other pets. Awards shall in no case exceed the fair cash market value of such live stock or fowls.

CREDIT(S)

Added by St.1934, c. 320, § 25. Amended by St.1975, c. 706, § 285; St.1985, c. 231, § 55.

§ 162. Reward for killing dog or for evidence determining owner

The aldermen or selectmen may offer a reward of not more than twenty-five dollars for the killing of any dog found worrying, maiming or killing live stock or fowls, thereby causing damages for which their owner may become entitled to compensation under section one hundred and sixty-one, or for evidence which shall determine to the satisfaction of such aldermen or such selectmen who is the owner or keeper of a dog which has been found to have so worried, maimed or killed any live stock or fowls. The county commissioners, except in Suffolk county, shall pay any such reward from the dog fund, upon a certificate signed by the aldermen or selectmen.

CREDIT(S)

Amended by St.1934, c. 320, § 26.

§ 163. Notice to kill dog which has caused damage

If the aldermen or selectmen determine, after notice to parties interested and a hearing, who is the owner or keeper of any dog which is found to have worried, maimed or killed any live stock or fowls, thereby causing damages for which their owner may become entitled to compensation from the dog fund under section one hundred and sixty-one, they shall serve upon the owner or keeper of such dog a notice directing him within twenty-four hours to kill or confine the dog.

CREDIT(S)

Amended by St.1934, c. 320, § 27.

§ 164. Failure to kill, confine or restrain dog after notice

A person who owns or keeps a dog, and who has received such notice and does not within twenty-four hours kill such dog or thereafter keep it on his premises or under the immediate restraint and control of some person, shall be punished by a fine of not more than twenty-five dollars; and any police officer, constable or dog officer may kill such dog if it is found outside of the enclosure of its owner or keeper and not under his immediate care.

CREDIT(S)

Amended by St.1934, c. 320, § 28.

§ 165. Investigators; investigation of damages caused by dogs; settlement; action against owner or keeper; payments over to county treasurer

The county commissioners, except in Suffolk county, shall appoint one and may appoint not more than four suitable persons, all residents of the county, any one of whom shall, at the request of said commissioners or of the chairman of the selectmen or officer of the police designated as provided in section one hundred and sixty-one, investigate any case of damages done by a dog of which the commissioners, chairman or officer shall have been informed as provided in said section; and if he believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog as provided in said section and believes that such owner or keeper is able to satisfy any judgment recovered in such action, he shall bring the action, unless the owner or keeper before action brought pays him such amount in settlement of the damage as he deems reasonable. Such action may be brought in his own name and in the county where he resides, and he shall prosecute it. The persons so appointed shall also have throughout their respective counties the same powers and authority as police officers, constables or dog officers appointed under provisions of section one hundred and fifty-one, acting under sections one hundred and thirty-seven to one hundred and seventy-five, inclusive. All damages received or recovered under this section shall be paid over to the county treasurer and placed to the credit of the dog fund. The county treasurer shall pay out of the dog fund such reasonable compensation as the county commissioners shall allow for services and necessary expenses under this section and the reasonable expense of prosecuting the said actions. The persons appointed hereunder may be removed at any time by the county commissioners.

CREDIT(S)

Amended by St.1934, c. 320, § 29.

§ 166. Election of remedy by person damaged

The owner of live stock or fowls which have been worried, maimed or killed by dogs shall have his election to proceed under section one hundred and sixty-one or sections one hundred and fifty-seven to the hundred and fifty-nine, inclusive; but, having signified his election by proceeding in either mode, he shall not have the other remedy.

CREDIT(S)

Amended by St.1934, c. 320, § 30.

§ 167. Ordering dogs to be muzzled or restrained; killing unmuzzled or unrestrained dogs

The aldermen or selectmen may order that all dogs shall be muzzled or restrained from running at large during such time as shall be prescribed by such order. After passing such order and posting a certified copy thereof in two or more public places in the town, or, if a daily newspaper is published in such town, by publishing such copy once in such newspaper, the aldermen or selectmen may issue their warrant to one or more of the police officers or constables of such town, who shall, after twenty-four hours from the publication of such notice, kill all dogs found unmuzzled or running at large contrary to such order, and shall receive such compensation therefor as is provided in section one hundred and fifty-one. Notwithstanding the foregoing, a police officer or constable may, in his discretion, hold any such dog for a period not in excess of ten days. If the owner thereof claims such dog and pays to such officer or constable the sum of five dollars, together with one dollar and fifty cents for each day that it is so held, it shall be returned to the owner. The fee of five dollars shall be paid over to the city or town and the remaining moneys shall be retained by such officer or constable as his fee.

CREDIT(S)

Amended by St.1967, c. 234.

§ 168. Service of order to muzzle or restrain dogs; penalty

The aldermen or selectmen may cause service of such order to be made upon the owner or keeper of the dog by causing a certified copy thereof to be delivered to him; and if he refuses or neglects for twelve hours thereafter to muzzle or restrain such dog as so required, he shall be punished by a fine of not more than twenty-five dollars.

HISTORICAL AND STATUTORY NOTES

2002 Main Volume

St.1877, c. 167, § 3.
P.S.1882, c. 102, § 103.
R.L.1902, c. 102, § 159.

§ 169. Penalty on officer; report of refusal or neglect of officer to perform duties

A county, city or town officer who refuses or wilfully neglects to perform the duties imposed upon him by the provisions of this chapter relating to dogs shall be punished by a fine of not more than one hundred dollars, which shall be paid, except in Suffolk county, into the county treasury. Whoever is aggrieved by such refusal or neglect may report the same forthwith to the district attorney of his district.

HISTORICAL AND STATUTORY NOTES

2002 Main Volume

St.1858, c. 139, § 6.
St.1859, c. 225, § 13.
G.S.1860, c. 88, § 66.
St.1864, c. 299, § 10.
St.1867, c. 130, § 11.
P.S.1882, c. 102, § 104.
R.L.1902, c. 102, § 160.

§ 170. Suffolk county; disposition of money received; determination and payment of claims for damages caused by dogs

In Suffolk county, all money received for licenses or from the sale of dogs, or recovered as fines or penalties under the provisions of this chapter relating to dogs shall be paid into the treasury of the town in which said licenses are issued or such sales are made, or said fines or penalties recovered. All claims for damages done by dogs in Suffolk county shall be determined by appraisers as specified in section one hundred and sixty-one and, when approved by the aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of such town, if the gross amount received by him and not previously paid out under the provisions of this chapter relating to dogs is sufficient therefor; otherwise such amount shall be divided pro rata among such claimants in full discharge of their claims.

CREDIT(S)

Amended by St.1934, c. 320, § 31.

§ 171. Liability to county or town of owner or keeper of dog; action

The owner or keeper of a dog which has done damage to live stock or fowls shall be liable in tort to the county for all damages so done which the county commissioners thereof have ordered to be paid as provided in this chapter. The county treasurer, except as provided in section one hundred and sixty-five, may, and if so ordered by the county commissioners shall, bring such action. In Suffolk county, such owner or keeper shall be liable in like manner to the town for damages so done therein which the aldermen or selectmen have so ordered to be paid; and the town treasurer may, and if so ordered by the aldermen or selectmen shall, bring such action.

CREDIT(S)

Amended by St.1934, c. 320, § 32.

§ 172. Disposition of balance of dog fund

Money received by a county treasurer under the preceding sections relating to dogs, and not paid out for damages, license blanks or books, record books, anti-rabic vaccine or other purposes as required under said sections, shall, in January, be paid back to the treasurers of the towns in proportion to the amounts received from such towns, and the money so refunded shall be expended for the support of public libraries or schools. In Suffolk county, money so received by the town treasurer and not so paid out shall be expended by the school committee for the support of public schools.

CREDIT(S)

Amended by St.1932, c. 289, § 8.

§ 173. Ordinances and by-laws relating to dogs

A town may make additional ordinances or by-laws relative to the licensing and restraining of dogs, and may affix penalties of not more than fifty dollars for a breach thereof; but such ordinances or by-laws shall relate only to dogs owned or kept in such town, and the annual fee required for a license under section one hundred and thirty-nine shall in no case be more than one dollar in addition to the amount required by said section.

CREDIT(S)

Amended by St.1992, c. 133, § 496.

§ 173A. Violation of dog control laws; non-criminal disposition

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 it is the first offense subject to this section committed by such person within a calendar year, the clerk shall dismiss the charge without the payment of any fine; if it is the second offense so committed in such city or town in the calendar year the payment to the clerk of a fine of twenty-five dollars shall operate as a final disposition of the case; if it is the third offense so committed in such city or town in a calendar year payment of a fine of thirty dollars shall operate as a final disposition of the case; and if it is the fourth or subsequent offense so committed in such city or town in the calendar year the payment of a fine of fifty dollars shall operate as a final disposition of the case. Such payment shall be made only by postal note, money order or check. Notwithstanding the foregoing procedure and schedules of fines and subject, however, to all of the 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 no new schedule of fines shall contain a fine in excess of fifty dollars.

Proceedings under this section shall not be deemed criminal; and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.

If a person notified to appear, as hereinbefore provided, fails to appear or pay the fine within twenty-one days of the sending of the notice, or having appeared, does not desire to avail himself of the procedure established by this section, the clerk shall issue the complaint and the procedure established for criminal cases shall be followed.

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.

CREDIT(S)

Added by St.1967, c. 627. 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.

§ 174. Recovery of penalties

All fines and penalties provided in the preceding sections relating to dogs may be recovered before a district court in the county where the offence was committed.

CREDIT(S)

Amended by St.1953, c. 319, § 21.

§ 174A. Killing of dogs by carbon monoxide fumes

No dog whose killing is authorized under the provisions of this chapter shall be put to death in a carbon monoxide chamber unless such chamber is supplied with gas by an engine or gas generator that will produce a minimum of four per cent concentration of carbon monoxide within five minutes, the gas used is cooled and filtered before entering such chamber, and the temperature of the gas inside such chamber does not exceed a temperature of eight-five degrees Fahrenheit.

CREDIT(S)

Added by St.1967, c. 313.

§ 174B. Restraint of dogs in public highway rest areas; penalty

Whoever is the owner or keeper of a dog shall restrain said dog by a chain or leash when in an officially designated public highway rest area. Whoever violates the provisions of this section shall be punished by a fine of not more than fifty dollars.

CREDIT(S)

Added by St.1972, c. 92.

§ 174C. Repealed, 1976, 299, Sec. 1

§ 174D. Research institutions; license to use dogs or cats; rules and regulations

(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. A research institution desiring to obtain a license shall make application to the commissioner. On receipt of such application the commissioner 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 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. Each research institution licensed under this chapter shall before such license issues pay to the commissioner a license fee of fifty dollars. Each license shall expire on June thirtieth next following the date of issue. The commissioner shall annually renew each license upon the application of the licensee unless, after notice and hearing, he finds that by reason of the standards, facilities, practices or activities of the licensee such renewal is not in the public interest. The commissioner may, after notice and hearing, cancel, suspend or revoke any license if he finds that by reason of the standards, facilities, practices or activities of the licensee the continuation of such license is not in the public interest.

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 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.

(b) The commissioner may make such rules and regulations, not inconsistent with this section, necessary to carry out its purposes, and may alter, rescind or add to any rules or regulations previously made. The commissioner 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 Massachusetts Society for the Prevention of Cruelty to Animals and the Animal Rescue League of Boston may be designated as agents of the commissioner. For purposes of this paragraph the term "animal" shall refer to the dog and cat specifically and all other sentient creatures except humans.

CREDIT(S)

Added by St.1983, c. 631, § 8.

§ 175. Repealed, 1945, 276, Sec. 2

Part I. Administration of the Government (Ch. 1-182). Title XIX. Agriculture and Conservation (Ch. 128-132B). Chapter 131. Inland Fisheries and Game and Other Natural Resources.

§ 21A. Unfair hunting practices prohibited

It shall be unlawful to pursue or hunt bear or bobcat with the aid of a dog.

It shall be unlawful to hunt bear by the aid of baiting or knowingly to hunt bear in a baited area. "Baiting" means the placing, exposing, depositing, distributing, or scattering of any substance so as to constitute for bears a lure or attraction to areas where hunters are attempting to take them.

The prohibition on the use of a dog or baiting may be waived by the director upon written application (1) for the control of individual animals specifically identified as posing a threat to human safety or individual animals that have destroyed livestock, property or crops, and (2) for legitimate scientific research projects that are conducted in a humane manner.

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 person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer authorized to enforce this chapter all hunting and dog training licenses and permits issued to him and shall be barred forever from obtaining any such licenses and permits.

CREDIT(S)

Added by St.1996, c. 453, Sec. 2. Amended by St.1997, c. 19, § 60.

 

§ 82. Dogs, running at large; protection of deer

A person owning, keeping or possessing a dog shall not allow, permit or consent to such dog chasing, hunting, molesting, attacking or killing a deer. The director is hereby authorized to issue an order to restrain all dogs from running at large in any city or town where, in his opinion, such a restraining order is necessary to prevent dogs from chasing, hunting, molesting, attacking or killing deer. Any such order shall be in effect forty-eight hours after publication in one or more newspapers circulated in such city or town. When, in his opinion, the director determines that such restraining order is no longer necessary, he shall, by like publication, rescind such order. A person owning, keeping or possessing a dog shall restrain it from running at large in any city or town in which such a restraining order is in effect. The director of law enforcement, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and members of the state police in areas over which they have jurisdiction may destroy any such dog found chasing, hunting, molesting, attacking or killing a deer, without any liability on his part. During any period when no such order is in force, the director of law enforcement, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and members of the state police in areas over which they have jurisdiction may destroy any dog found chasing or hunting a deer if the dog is so chasing or hunting with the knowledge or consent of the owner. 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.

CREDIT(S)

Added by St.1967, c. 802, § 1. Amended by St.1985, c. 231, § 49; St.1991, c. 412, § 74; St.1996, c. 450, § 175.

 

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