MA - Pet Sales Age Restriction - Chapter 129. Livestock Disease Control |
This statute provides that any dog or cat brought or shipped into the commonwealth shall be accompanied by an official health certificate issued by an accredited veterinarian, a copy of which shall be sent to the commissioner of agricultural resources. Further, a commercial establishment, pet shop, firm or corporation shall not import into the commonwealth, for sale or resale in the commonwealth, a cat or dog less than 8 weeks of age. |
MA - Pet Shop - Chapter 12.00: Licensing and Operation of Pet Shops. |
These Massachusetts regulations provide provisions regarding the licensing and operation of pet stores; the licensee's responsibility towards the animals within the pet store; the licensee's restrictions on animal sales; and the government's inspection of the pet store's premises, amongst other topics. |
MA - Pet Trust - Chapter 203. Trusts. |
In 2011, Massachusetts enacted this law, which allows the creation of a trust for the continuing care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust. A court may reduce the amount of property held by the trust if it determines that the amount substantially exceeds the amount required for the intended use and the court finds that there will be no substantial adverse impact in the care, maintenance, health or appearance of the covered animal. The statute was renumbered in 2012. |
MA - Police animals - 9A Emergency treatment of police dogs |
This 2022 Massachusetts law mandates that EMS personnel provide emergency treatment to a police dog injured in the line of duty and transport such police dog by ambulance to a veterinary care facility equipped to provide emergency treatment to dogs. EMS personnel shall not transport an injured police dog if providing such transport would inhibit their ability to provide emergency medical attention or transport to a person requiring such services. The law also outlines training for EMS personnel in treating police dogs. |
MA - Possession - Chapter 131. Inland Fisheries and Game and Other Natural Resources. |
Massachusetts specifically protects the eagle as a bird of prey from hunting or possession, unless provided by permit. The law further prohibits the possession, harassment or harming of the eggs and nests of birds of prey. Notably, sale and transportation are not specifically listed under the statute. |
MA - Vehicle - § 22H. Safe transportation of animals |
In Massachusetts, transporting an animal in the back of a motor vehicle on a public way unless such space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the animal is cross tethered to the vehicle, the animal is protected by a secured container or cage or the animal is otherwise protected in a manner which will prevent the animal from being thrown or from falling or jumping from the vehicle results in a fine of not less than $50. |
MA - Veterinary - Veterinary Practice Laws |
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. |
Macho v. Mahowald |
In this Minnesota case, a rider brought an action for personal injuries suffered after the defendant-owner's horse bolted while the rider was mounting the horse. The lower court entered judgment notwithstanding the verdict for the owner. The rider appealed. The Court of Appeals held that evidence showing that the horse had previously bolted was sufficient to create an issue for the jury as to whether the horse had a propensity to be dangerous. Further, with regard to whether the owner was negligent in allowing the rider to mount without properly adjusting the saddle equipment, the court found that the jury could have properly found both parties were negligent in failing to adjust the stirrups.
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Mack v. State of Texas (unpublished) |
The Texas Appeals Court affirmed the trial court's decision that failure to adequately provide for cattle such that they suffered from malnourishment constituted animal cruelty offense under Texas law. The court found that the evidence was legally sufficient to establish that malnourished cow was one of the many domesticated living creatures on defendant's ranch, and was therefore an “animal” under the state law.
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Mackley v. State |
The Wyoming Supreme Court considers whether the jury was properly instructed on the charge of aggravated animal cruelty. The case stems from an incident where a dog escaped his owner and attacked the defendant's dogs at his front door. A local teenager grabbed the offending dog ("Rocky") and dragged him into the street as the dog fight carried on. The defendant responded by grabbing his gun and shooting Rocky as he was held by the teenager. A jury convicted defendant of both aggravated animal cruelty and reckless endangering. At the trial, defendant moved for judgment of acquittal on both charges, arguing that the Wyoming Legislature has established that humanely destroying an animal is not animal cruelty and that the State did not provide evidence that he intentionally pointed a firearm at anyone, which defendant contends is necessary for the reckless endangering charge. On appeal here, the court first observed that defendant's challenge to a confusing or misleading jury instruction was waived because he negotiated with the prosecution to draft it. Further, the Supreme Court did not find an abuse of discretion where the district court refused defendant's additional instructions on the humane destruction of an animal in the jury instructions on the elements for the aggravated cruelty to animals charge. While defendant argued that the instructions should include subsection m from the statute, he only now on appeal contends that the subsection should have been given as a theory of defense. Thus, reviewing this argument for plain error, the Court found that defendant's theory that his killing was "humane" and thus excluded from the crime of aggravated cruelty was not supported by the language of the statute. In fact, such an interpretation not only goes against the plain language, but "then any animal could be killed, under any circumstances, as long as it is killed quickly." Defendant presented no evidence that the dog he shot was suffering or distressed and needed euthanasia. The trial court did not commit error when it declined to instruct the jury on subsection m. As to the reckless endangering conviction, the court also affirmed this charge as defendant showed a conscious disregard for the substantial risk he placed the teenager in regardless of whether he pointed the gun at the victim. Affirmed. |