Bill S.2120

Senate, No. 2120

[Senate, July 28, 2009 – Substituted by amendment by the Senate (Ways and Means) for Senate, No. 406 ]

The Commonwealth of Massachusetts

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IN THE YEAR OF TWO THOUSAND AND NINE

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A N A CT further regulating animal control

 

 

Be it enacted by the Senate and House of Representatives in General Court assembled,

      And by the authority of the same, as follows:

SECTION 1.   Chapter 129 of the General Laws is hereby amended by inserting after section 39F the following section:-

Section 39G. (a) A 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.  

(b)   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 name and address of the consignor and consignee. The certificate or form shall also show age, sex, breed and description of each dog or cat and certify that the dog or cat is free from visual evidence of infectious or contagious disease.   The certificate or form shall show proof of rabies vaccination within the previous 12 months.   A dog or cat imported into the commonwealth that is not currently vaccinated for rabies shall be vaccinated within 30 days of entry or acquisition or upon reaching the age of 6 months.    

(c)   A dog or cat purchased within the commonwealth for resale by a commercial establishment or pet shop shall be accompanied by a health certificate, issued by an accredited veterinarian, which shall show age, sex, breed, and description of each dog or cat and certify that the dog or cat is free from visual evidence of infectious or contagious disease.

(d)   A commercial establishment, pet shop, firm or corporation shall not import into the commonwealth for sale or resale in the commonwealth a cat or dog less than 8 weeks of age.

(e) A dog or cat sold in the commonwealth by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating the date and type of each vaccine administered.

(f)   Whoever is convicted of a violation of this section shall be punished by a fine of not less than $50 nor more than $100 for each such offense. In addition thereto, or in lieu thereof, the commissioner may, after notice and hearing, revoke or suspend a pet shop, kennel, and boarding kennel license of a person, firm or corporation maintaining the pet shop, kennel and boarding kennel for a violation of this section.

(g)   A person, firm or corporation aggrieved by an order under this section may, by petition, appeal within 30 days to the superior court where the person resides, or where the firm or corporation is located. The person shall, in substance, state the findings by the commissioner and the grounds of appeal and the court shall consider the proceedings de novo and the parties thereto shall have right of exception and appeal.

SECTION 2.   Chapter 140 of the General Laws is hereby amended by striking out section 136A, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 136A. The following words and phrases as used in sections 137 to 175, inclusive, unless the context otherwise requires, shall have the following meanings:

“Adoption”, the delivery of a cat or dog to any person 18 years of age or older for the purpose of harboring as a pet.

“Animal control officer”, an officer appointed under said sections to enforce the laws in sections 137 to 175, inclusive.

“Commercial boarding or training kennel”, a kennel or establishment, other than an animal shelter or animal control facility, used for boarding, holding, day care, overnight stays or training during which the owner is not present, for a fee or consideration; provided, however, that this shall not include dogs owned by the operator, grooming facilities holding dogs solely for the purpose of grooming and not overnight boarding, individuals who temporarily, and not in the normal course of business, board or care for animals owned by others, or a licensed pet shop.

“Commercial breeder kennel”, an establishment, other than a personal kennel, engaged in the business of breeding animals for sale or for exchange to wholesalers, brokers or pet shops in return for consideration.

“Commissioner”, the commissioner of agricultural resources, except in section 174D, where the commissioner shall mean the commissioner of public health.

“Department”, the department of agricultural resources.

“Domestic charitable corporation kennel”, a facility operated, owned, or maintained by a domestic charitable corporation registered with the department, or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals, including a veterinary hospital or clinic operated by a licensed veterinarian, which operates for the above purpose in addition to providing medical treatment and care.  

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

"Kennel", 1 pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.

“License period”, the time during which a dog is licensed as determined by a city or town.

“Live stock or fowls”, animals or fowls kept or propagated by the owner for food or as a means of livelihood,  deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridges 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; provided, however, that such phrase shall not include dogs, cats and other pets.

"Personal kennel", 1 pack or collection of more than 4 dogs 3 months old or over, owned or kept by a person on a single premises, under 1 ownership, for private personal use; provided, however, that   breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed, use in sporting activity or other personal reasons; provided, further, that selling, trading, bartering or the distribution of such breeding from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided, further, that   kennels in this category shall not sell, trade, barter or distribute any dogs not bred from their personally owned dogs; provided, further, that dogs temporarily housed at a personal kennel in conjunction with an animal shelter or rescue registered with the department may be sold, traded, bartered or distributed as long as the transfer is not made for the purpose of making a profit.

“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.

“Veterinary kennel”, a veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care; provided, however, that this shall not apply to a hospital or clinic used solely to house dogs that have undergone veterinary treatment, observation, or will do so, only for the period of time needed to accomplish the needed veterinary care.

SECTION 3.   Said chapter 140 is hereby further amended by striking out section 137, as so appearing, and inserting in place thereof the following section:-  

Section 137.   (a)   A dog over the age of 6 months shall be licensed by the owner or keeper.   The registering, numbering, describing and licensing of a dog, if kept in the city of Boston shall be in the office of the police commissioner or if kept in any other town or city, in the office of the town or city clerk thereof.

  (b)   A town or city clerk or, in the city of Boston, the police commissioner, shall not grant a license for a dog unless the owner thereof provides the town or city clerk or, in the city of Boston, the police commissioner, either a veterinarian's certification that the dog has been vaccinated in accordance with section 145B,  has been certified exempt from the provision as hereinafter provided, or a notarized letter from a veterinarian that a certification was issued.

(c) The license 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 a dog may add no more than 10 words 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, and upon which shall appear the license number, the name of the town issuing the license and the year of issue. If the tag shall be lost, the owner or keeper of such dog shall forthwith secure a substitute tag from the city or town clerk or, in the city of Boston, from the police commissioner, at a cost to be determined by the city or town which, if received by a city or 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.

SECTION 4.   Said chapter 140 is hereby further amended by striking out section 137A, as so appearing, and inserting in place thereof the following section:-

Section 137A.     (a)   Every person maintaining a kennel shall have a kennel license. An owner or keeper of less than 4 dogs, 3 months old or over, who does not maintain a kennel may elect to secure a kennel license in lieu of licensing the dogs under section 137, and shall be subject to this section and to sections 137B and 137C and to so much of section 141 as relates to violations of this section to the same extent as though the owner or keeper were maintaining a kennel.   The city or town clerk, or the police commissioner of the city of Boston, shall issue kennel licenses for kennels, as defined in section 136A, subsequent to an inspection by the animal control officer.

b)   The kennel license shall be in lieu of any other license for any dog while kept at the kennel during any portion of the period for which the 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 the kennel license, the name of the city or town issuing the license and the year of issue. The tags shall be furnished to the owner or keeper by the clerk of the city or town in which the kennel is licensed, or, if licensed in the city of Boston, by the police commissioner, in quantities not less than the number of dogs kept in the kennel. The fee for each license for a kennel shall be determined by the city or town; but, for the purpose of determining the amount of the fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept therein. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available to inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.

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

(d)   The commissioner may promulgate rules and regulations for the licensing of kennels and catteries.
              SECTION 5.   Section 137B   of said chapter 140 , as so appearing, is hereby amended by inserting after the word “town”, in lines 14 and 18, each time it appears, the following words:- or city.

SECTION 6.   Said chapter 140 is hereby further amended by striking out section 137C, as so appearing, and inserting in place thereof the following section:-

Section 137C.   The mayor of a city, the selectmen of a town, in Boston, the police commissioner, a chief of police or an animal control officer may at any time inspect, or cause to be inspected, a kennel.   If, in the judgment of such person or body, the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, such person or body shall by order revoke or suspend, and in case of suspension may reinstate, such license. Upon the petition of 25 citizens, filed with the mayor of a city or the selectmen of a town or, in Boston, with the police commissioner setting forth a statement that such citizens   are aggrieved or annoyed to an unreasonable extent by 1 or more dogs at a kennel maintained in such city or town, due to   excessive barking or dangerous disposition of the dogs or other conditions connected with a kennel constituting a public nuisance, the mayor, selectmen or police commissioner, as the case may be shall, within 7 days after the filing of the petition,   give notice to all parties in interest of a public hearing to be held within 14 days after the date of such notice.   The mayor, selectmen or police commissioner within 7 days after the public hearing shall investigate or cause to be investigated the subject matter of the petition and shall, by order, either suspend or revoke the kennel license or otherwise regulate the kennel, or dismiss the petition. Written notice of an order under this section revoking, suspending or reinstating a license shall be mailed forthwith to the officer issuing the license and to the holder of the license. Within 10 days after the order the holder of the license may bring a petition in the district court within the judicial district of which the kennel is maintained, addressed to the justice of the court, praying that the order may be reviewed by the court.   After notice to the officer or officers involved as the court may consider necessary, the court shall review the action, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel after the license has been so revoked, or while the license is suspended, shall be punished by a fine not more than $250.

SECTION 7.   Said section 137D of said chapter 140 , as so appearing, is hereby further amended by striking out, in line 15, the word “two” and inserting in place thereof the following figure:- 5.

SECTION 8.   Section 138 of said chapter 140 , as so appearing, is hereby amended by inserting after the word “town” , in lines 2 and 3, the following words:- or city.

SECTION 9.   Said section 138 of said chapter 140 , as so appearing, is hereby further amended by striking out, in line 9, the word “three” and inserting in place thereof, in each instance, the following figure:- 6.

SECTION 10.   Said section 138A of said chapter 140 is hereby repealed.

SECTION 11.   Said chapter 140 is hereby further amended by striking out section 139, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 139.   (a) The fee for every license shall, except as otherwise provided, be determined by a city or town, provided this fee is not less than $6 for a spayed or neutered dog and not more than $50 for an intact dog, 3 dollars of which shall be a surcharge which shall be deposited in the General Fund.   A portion of this amount, subject to appropriation, shall be used by the commissioner for the purpose of animal control and spaying and neutering programs.   The department shall establish rules and regulations relating to the spay/neuter program to distribute these funds in an effective manner targeting low-income pet owners and feral cats.

(b)   If a certificate of a registered veterinarian who spayed or neutered a dog has been shown to the city or town clerk, the license fee shall be lower than that of an intact animal. If the city or town clerk is satisfied that the certificate of the veterinarian who spayed or neutered the dog cannot be obtained, the clerk may accept instead a statement signed under the penalties of perjury by a veterinarian registered and practicing in the commonwealth, describing the dog and stating that the veterinarian has examined the dog, which appears to have been spayed or neutered and thereby deprived of the power of propagation or a receipt of a bill from the veterinarian who performed the operation.

(c) A fee shall not be charged for a license for a dog specially trained to lead or serve a blind person; provided, however, that the Massachusetts commission for the blind certifies that the dog is so trained and actually in the service of a blind person. A fee shall not 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. A fee shall not be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided, however, that the director of the office   the Massachusetts commission for the deaf and hard of hearing certifies that the dog is so trained and actually in the service of the deaf person. The Massachusetts office on disability shall adopt rules and regulations for the licensing of service dogs and a fee shall not be charged for a license for a dog recognized as a service dog. A license fee or part thereof shall not be refunded because of the subsequent death, loss, spaying, or removal from the commonwealth or other disposal of the dog, nor shall a license fee or part thereof paid by mistake be paid or recovered back after it has been paid over to a city or town under section 147.

SECTION 12.   Section 139A of said chapter 140, as so appearing, is hereby amended, in line 2, by inserting after the word “unless” the following words:- a written agreement is entered into and.

SECTION 13.   Said section 139A of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 2 and 3, the words “ten nor more than thirty dollars” and inserting in place thereof the following figure:- $40.

SECTION 14.   Said section 139A of said chapter 140, as so appearing, is hereby further amended by adding the following paragraph:-

The commissioner may set fines for violations and may further establish regulations to ensure compliance with this section.   Additionally, an animal control officer, an officer licensed under section 57 of chapter   22C, a police officer or an animal shelter from which an animal was obtained may bring a petition in the district court within the judicial district of which the dog or cat is owned or kept for an action of forfeiture and relinquishment of ownership.   Legal fees or court costs incurred in the enforcement of this section shall be the responsibility of the owner of the animal.

SECTION 15.   Chapter 140 is hereby further amended by striking out section 141, as so appearing, and inserting in place thereof the following section:-

Section 141.  Whoever violates any provision of sections 137, 137A, 137B or 138 shall forfeit not less than $50, which shall be paid to the city or town.  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.

SECTION 16.   Section 145 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “to the director of accounts upon application therefor”.

SECTION 17.   Section 145A of said chapter 140, as so appearing, is hereby amended by striking out, in lines 11 to 30, inclusive, the words “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.”

SECTION 18.   Section 145B of said chapter 140, as so appearing, is hereby amended by striking out, in lines 1, 2,   5, 10, 18, 19, 25 and 28 the words “dog or cat”, each time they appear, and inserting in place thereof, in each instance, the following words:- dog, cat or ferret.

SECTION 19.   Said section 145B of said chapter 140, as so appearing, is hereby further amended by striking out, in line7,   the word “ ninety ” and inserting in place thereof the following figure:- 30.

SECTION 20.   Said section 145B of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 6 and 31,   the words “dogs or cats”, each time they appear,   and inserting in place thereof, in each instance, the following words:- dogs, cats or ferrets.

SECTION 21.   Said section 145B of said chapter 140, as so appearing, is hereby further amended by striking out, in line 34, the words “more than fifty dollars” and inserting in place thereof the following words:- more than $100.

SECTION 22.   Said section 145B of said chapter 140, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

A licensing official may grant an exemption to this section for any dog, cat or ferret;

(a) which has not yet attained the age of 6 months;

(b) 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 considered inadvisable;

(c) in transit; or

(d) brought into the commonwealth, temporarily, for the sole purpose of showing in shows or for exhibition.  

SECTION 23.   Section 146 of said chapter 140, as so appearing, is hereby amended by inserting after the word “town” , in line 5, the following words: - or city.

SECTION 24.   Said section 146 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 8, the words “twenty-five cents” and inserting in place thereof the following words:- an amount to be determined by the city or town.

SECTION 25.   Said chapter 140 is hereby further amended by striking out section 147, as so appearing, and inserting in place thereof the following section:-    

Section 147.   The police commissioner of the city 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.   The clerks of cities and towns except the city of Boston may retain for their own use 75 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 said clerks. The police commissioner of the city of Boston and each city or town clerk shall make a record 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 records shall be open to public inspection during the usual office hours of the city or town clerk. All blanks for the licenses and tags and the record books shall be paid for out of the city or town treasury. The police commissioner of the city of Boston and any city or town clerk or city or town treasurer violating this section shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for not less than 1 month nor more than 1 year, or both. If a city or town clerk neglects or fails to pay the 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 city or town, with all damages sustained through the neglect or failure, and interest, in an action on the official bond required, in the case of a city clerk, by section 13A of chapter 41 and, in the case of a town clerk, by section 13 of said chapter 41. All payments required under this section shall be subject to section 52 of said chapter 41.

SECTION 26.   Said chapter 140 is hereby further amended by striking out section 147A, as so appearing, and inserting in place thereof the following section:-  

Section 147A.     (a)   A city or town may enact by-laws and ordinances relative to the regulation of dogs and cats; provided, however, that such by-law or ordinance shall not be inconsistent with the provisions of sections 137 to 174D. 

SECTION 27.   Section 147B of said chapter 140 is hereby repealed.

SECTION 28.   Section 149 of said chapter 140, as   appearing in the 2008 Official Edition, is hereby amended by striking out, in line 1, the words “county, city or town treasurer, except in Suffolk county,” and inserting in place thereof the following words:-city or town treasurer.

SECTION 29.   Said section 149 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 4, the word “dogs” and inserting in place thereof the following word:- animals.

SECTION 30.   Section 150 of said chapter 140, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-  Persons authorized or directed by section 4 of chapter 51 or by any special law to make lists of residents 3 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 the city of Boston, to the police commissioner annually.

SECTION 31.   Said section 150 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 8 and 9, the words “ten dollars” and inserting in place thereof the following figure:- $20.

SECTION 32.   Said section 150 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 9 and 10, the words “except in Suffolk county shall be paid into the county treasury” and inserting in place thereof the following words:-   shall be paid to the city or town.

SECTION 33.   Said chapter 140 is hereby further amended by striking out section 151, as so appearing, and inserting in place thereof the following section:-  

Section 151.         (a)   The mayor of each city and the board of selectmen of each town shall annually designate 1 or more animal control officers, who may be police officers or constables. The mayor or board of selectmen shall forthwith submit to the commissioner the names and addresses of the officers. Except as hereinafter otherwise provided, if any city or town shall fail to make the appointment, the commissioner shall appoint an animal control officer for that city or town. An animal control officer who fails to comply with the terms of the officer’s warrant shall forthwith be removed from office by the mayor or board of selectmen, and notice of the removal shall forthwith be given to the commissioner. Animal control officers shall, before engaging in execution of animals, have completed under the supervision of a veterinarian registered under section 55 or 56C of chapter 112 a course of instruction in humane techniques for the execution of animals. Each animal control officer before disposing of any dog or cat in the officer’s possession shall check its description against the descriptions within the city or town issued on dogs licensed, or cats licensed or registered if the city or town licenses or registers cats. Bills for such services shall be approved by the mayor of the city or the board of selectmen of the town in which the dogs or cats are kept or killed and shall be paid by the city or town. Each animal control officer appointed under this section shall also attend to all complaints or other matters pertaining to animals, as prescribed by their respective city or town, in addition to the duties imposed upon the officer by the officer’s warrant, and shall be paid for the services by the town or city 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 animal control officers, 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 animal control officers. In that case the payments to the corporation under the terms of the contract shall be in full for all services rendered by it in that capacity.

(b)   An animal control officer shall not be a licensed animal dealer registered with the United States Department of Agriculture, and an animal control officer, either privately or in the course of carrying out such officer’s official assignments as an agent for the officer’s municipality, shall not give, sell, or turn over any animal which may come into the officer’s custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. A municipality shall not 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 this paragraph shall be punished by a fine of not more than $1000.

SECTION 34.   Said chapter 140 is hereby further amended by striking out section 151A, as so appearing, and inserting in place thereof the following section:-

Section 151A.   (a)   The mayor or board of selectmen shall annually issue a warrant to the animal control officer or officers directing the officer or officers 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 this chapter against the owners or keepers thereof, if known, and to kill or cause to be killed only by a humane method of euthanasia in accordance with the guidelines of the American Veterinary Medical Association, and not as prohibited in section 174A, except   by gunshot   in case of emergency, each such dog which after being detained by or for the officer for a period of 7 days shall not have been licensed, collared or harnessed, and tagged; provided, however, that after 7 days,   the animal control officer may make available for adoption a dog not found to be diseased, for a sum not less than $10 and shall keep an account of all moneys received by such officer for the adoption and shall forthwith pay over the sums to the treasurer who shall forward the money to the city or town. Before delivery of a dog so adopted the animal control officer shall require the purchaser to show identification and to procure a license and tag for the dog from the clerk of the city or 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 commissioner from time to time shall cause the places to be inspected and shall make necessary orders in relation thereto. An animal control officer having custody of a confined dog or cat shall be allowed a sum determined by the city or town per day for the care of the dog or cat, payable by the owner or keeper, if known, otherwise by the city or town.

(b)   Every animal control officer shall make, keep, and maintain systems of records or forms which fully and correctly disclose the following information concerning each animal in the officer’s custody:

(1)   the date and location of each apprehension;

(2) a description of each animal;

(3) the   place of confinement;

(4) if tagged, the name and address of the owner of such animal;

(5) the name and address of the new owner, including the date of sale or transfer of such animal; and

(6) if the animal is destroyed, the animal control officer shall record the method and date of destruction and the name of the person who executed the animal.

Every animal control officer shall forward a copy of the record to the town or city clerk within 30 days.   Copies of the record shall, for 2 years, be kept in the offices of the city or town clerk where such animal control officer is employed.

SECTION 35.   Section 151B of said chapter 140, as so appearing, is hereby amended by striking out, in line 5, the words “dog fund of the”.

SECTION 36.   Said section 151B of said chapter 140, as so appearing, is hereby further amended by striking out, in line 5, the word “county” and inserting in place thereof the following words:- city or town.

SECTION 37.   Said section 151B of said chapter 140, as so appearing, is hereby further amended by striking out, in line 6, the words “in an amount not to exceed twenty dollars” and inserting in place thereof the following words:- of up to $250.

SECTION 38.   Said section 151B of said chapter 140, as so appearing, is hereby further amended by striking out, in line 12, the words “dog officer” and inserting in place thereof the following words:- animal control officer.

SECTION 39.   Said section 151B of said chapter 140, as so appearing, is hereby amended by striking out, in line 13, the word “dog” and inserting in place thereof the following words:- animal control.

SECTION 40.   Said chapter 140 is hereby further amended by inserting after section 151B the following section: -

Section 151C.   Within 1 year of hire, an animal control officer shall complete a training course offered or approved by the Animal Control Officers Association of Massachusetts or the commissioner.  

SECTION 41.   Section 152 of said chapter 140, as so appearing, is hereby amended by striking out, in line 1, the word “dog” and inserting in place thereof the following words:- animal control.

SECTION 42.   Said section 152 of said chapter 140, as so appearing, is hereby further amended by inserting, in line 6, after the word “dogs” the following words:- and cats.

SECTION 43.   Said section 152 of said chapter 140, as so appearing, is hereby amended by striking out, in line 10, the word “dogs” and inserting in place thereof the following word:- animals.

SECTION 44.   Section 153 of said chapter 140, as so appearing, is hereby amended by striking out, in line 2, the words “except Suffolk county,”. 

SECTION 45.   Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 13 to 18, inclusive, the words “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” and inserting in place thereof the following words:- only by a humane method of euthanasia in accordance with the guidelines of the American Veterinary Medical Association, and not as prohibited in section 174A, except by gunshot in case of emergency.

SECTION 46.   Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 18, the words “ten days” and inserting in place thereof the following words:- 7 days.

SECTION 47.   Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 20, the words “male or any spayed female”.

SECTION 48.   Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 21, the words “three dollars” and inserting in place thereof the following figure:- $6.

SECTION 49.   Said section 153 of said chapter 140, as so appearing, is hereby further amended by inserting, in line 34,  after the word “dogs” the following words:- and cats.

SECTION 50.    Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 41, the words, “nineteen hundred” and inserting in place thereof the following words:- two thousand.

SECTION 51. Said section 153 of said chapter 140, as so appearing, is hereby further amended by striking out, lines 43 to 83, inclusive, the words “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)”

SECTION 52.   Said chapter 140 is hereby further amended by striking out section 157, as so appearing, and inserting in place thereof the following section:-

Section 157.   For the purposes of sections 157A to 157C, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise: -  

“Attack”, aggressive physical contact initiated by a dog.  

“Dangerous dog”, a dog that, without justification, attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to 1 or more persons, domestic or owned animals; provided, however, that a  dog shall not be considered dangerous if:

(1)           the dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault;

(2)           at the time of attack or threat, the attacked or threatened person was committing a crime or offense upon the person or property of the owner, or custodian, of the dog;

(3)           the person attacked or threatened was teasing, tormenting, abusing, assaulting, or stealing the dog;

(4)           the dog was attacked or menaced by another domestic animal, or the domestic animal was on the property of the owner or custodian of the dog; or

(5)           the dog was responding to pain or injury, or protecting itself, its kennels or its offspring; provided, further, that a dog’s breed shall not be considered in determining whether a dog is dangerous; provided, further, that a dog shall not be considered dangerous based exclusively on growling, barking, or both.    

“Domestic animal”, an animal commonly kept as a pet in the United States, including, but not limited to dogs, cats, guinea pigs, rabbits, hamsters and animals commonly kept for companion or commercial purposes.

SECTION 53.   Said chapter 140 is hereby further amended by inserting after section 157 the following 3 sections:-  

Section 157A.   (a)   If a person makes a complaint in writing to the selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city, that any dog owned or considered within the jurisdiction of the selectman, mayor, officer, chief, commissioner, chief or commissioner’s designee or person charged with the responsibility of handling dog complaints is a dangerous dog or a nuisance dog by reason of a dangerous disposition, excessive barking or other disturbance, the selectman, mayor, officer, chief, commissioner, chief or commissioner’s designee or person charged with the responsibility of handling dog complaints shall investigate, or cause to be investigated, the complaint, including an examination under oath of the complainant at a public hearing in the city or town in which  the complaint occurred  to determine whether the dog engaged in such behavior as to be deemed dangerous under section 157B or that the dog constitutes a nuisance by reason of dangerous disposition, excessive barking or other disturbance.   If, after a public hearing, the dog is considered dangerous or   a nuisance, the officials presiding over the hearing may make an order concerning the dog.   Based on the evidence and testimony presented at the public hearing, the selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city or the district court may order a dangerous dog humanely restrained, confined or subject to conditions in section 157C, or euthanized.  

(b) Within 10 days after the order, the owner or keeper of the 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 be reviewed by the court, or magistrate thereof, and after notice to the officer or officers involved as the magistrate considers necessary the magistrate shall review the action, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. A 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.  

(c)   The act of a dog in attacking or biting another dog or other domesticated or exotic animal, or livestock, may be made the subject of a complaint under this section.  

(d)   The selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city may petition the local district court to request to hold and impound the dangerous dog   in a humane place of detention during an appeal by the owner or custodian of that dog for the further safety and protection of the public or other animals.   If a court affirms the order of euthanasia, the owner or keeper of the dog shall reimburse the city or town for all reasonable costs that the dog incurs for housing and care during its impoundment and throughout the appeals process. Unpaid costs shall be recovered by the municipality in which the owner or keeper of the dog resides on behalf of the organization or entity charged with the responsibility of handling dog complaints and impoundment by 1 of the following methods:

(1) a lien on any property owned by the aforementioned owner or keeper of the dog;

(2) an additional, earmarked charge to appear on the vehicle excise tax  of the owner or keeper; or

(3) a direct bill sent to the owner or keeper of the dog.

All funds recovered by the municipality shall be transferred to the organization or entity charged with the responsibility of handling dog complaints and impoundment. If the organization or entity falls under the management or direction of the municipality, costs recovered shall be distributed under the discretion of the municipality.

If the court overturns the order of destruction, the city or town shall pay all reasonable costs that the dog incurred for housing and care during its impoundment and throughout the appeals process.  

(e) Magistrates shall exercise their authority hereunder subject to the limitations of section 62C of chapter 221.  

Section 157B.   (a) A person owning or harboring a dog who fails to comply with an order of the selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city or district court, including failure to comply with an order issued under sections 157A or 157C, shall be punished by (1) a fine of not more than $500 or imprisonment for not more than 60 days, or both, for the first offense and (2) not more than $1,000 or imprisonment for not more than 90 days, or both, for a second or subsequent offense.  

(b)   If a person is found in violation of an order issued under section 157A or 157C, the dog shall be subject to seizure by the selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city.     The person shall be ordered to immediately surrender to the licensing authority of a city or town the license and tags that they may possess and shall be banned from licensing any dog within the commonwealth for 5 years. The selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city making such determination that a dog is dangerous, or a nuisance under section 157A shall report the violations to the city or town within 30 days.

Section 157C.   (a)   The selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city, or the district court may order 1 or more of the following conditions for a dog considered dangerous under section 157A. The orders shall be valid throughout the commonwealth and may state that:

(1) a dangerous dog shall be confined to the premises of the person owning or harboring or having care or custody of the dog; provided, however, that a dangerous dog shall be unconfined if the dog is not securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of said person; provided, further, that the pen or dog run must have a secure top and if the structure has no bottom secured to the sides, the sides must be embedded into the ground no less than 2 feet; provided, further, that there must also be within the confines of the pen or dog run a doghouse or proper shelter from the elements for the protection of the dog; provided, further, that no dangerous dog shall be chained, tethered, or otherwise tied to any inanimate object, such as a tree, post, or building outside of its enclosure;

(2) when off the premises of the owner or person harboring a dangerous dog, the dog must be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length;  

(3) the person owning or harboring or having the care or custody of any dog deemed to be dangerous shall maintain a policy of insurance in an amount not less than $100,000 insuring that person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the dangerous dog; provided, however, that such person shall produce evidence of such insurance upon request of the selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city or district court;

(4) an owner shall provide certain permanent identification of dogs determined dangerous as reasonably necessary to identify such dog throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations; and

(5) a dog which has been deemed dangerous shall not remain reproductively intact; provided, however, that the animal shall be exempt from such an order if a veterinarian certifies in writing that the animal is unfit for alterations because of medical conditions.  

(b) No person shall transfer ownership or possession, or offer for sale, breed, or buy or attempt to buy within the commonwealth any dog considered dangerous.

(c) The selectmen of a town, mayor of a city, the officer in charge of the animal commission, the chief or commissioner of a police department or the chief or commissioner’s designee or the person charged with the responsibility of handling dog complaints of a town or city, or the district court may make other orders as considered necessary, including, upon probable cause to believe a dangerous dog is being owned, harbored or cared for in violation of this section, an order concerning the restraint of the dog as considered necessary pending required hearings or trials.

(d) A dog considered dangerous shall not be ordered to be removed from the town or city limits in which the animal resides. A city or town may impose a more restrictive program for the control of dangerous dogs; provided, however, that a program shall not regulate dogs in a manner that is specific as to breed.

(e) No minor may own or have charge or custody of a dog considered dangerous under section 157A; provided, however, that the parent or guardian of the minor shall be responsible for compliance with this section.

SECTION 54.   Section 158 of said chapter 140, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 1, the words “dog officer shall kill” and inserting in place thereof the following words:- animal control officer may capture, confine or, in the case of a threat to public safety, kill.

SECTION 55.   Said section 158 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “dog”, in line 2, the following words:- , in a humane manner,.

SECTION 56.   Said section 158 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 2 and 3, the words “or the county commissioners,”.

SECTION 57.   Said section 158 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “dog” , in line 5, the following words:- , in a humane manner, .

SECTION 58.   Section 159 of said chapter 140, as so appearing, is hereby amended by striking out, in line 2, the words “or the county commissioners,”.

SECTION 59.   Section 160 of said chapter 140, as so appearing, is hereby amended by striking out, in line 1, the words “county commissioners of any county, the”.

SECTION 60.   Said section 160 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “dog”, in line 5, the following words:- in a humane manner.

SECTION 61.   Said section 160 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 8, the words “approved by the county commissioners,”.

SECTION 62.   Said section 160 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words “, chief of police or county commissioners, as the case may be, or his or their agents” and inserting in place thereof the following:- or chief of police, as the case may be, or the agent of the selectmen or chief.

SECTION 63.   Said section 160 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 14, the words “town where the said” and inserting in place thereof the following words:- town or city where the.

SECTION 64.   Section 161 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “fifty dollars” and inserting in place thereof, in each instance, the following figure:- $100.

SECTION 65.   Said section 161 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 20, the words “except in Suffolk county”.

SECTION 66.   Said section 161 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 20, the words “of the county” and inserting in place thereof the following words:- of the city or town .

SECTION 67. Said section 161 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 22, the words “county commissioners” and inserting in place thereof the following words:- city or town clerk.

SECTION 68.   Said section 161 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 27, the word “county” and inserting in place thereof   the following words:- city or town.

SECTION 69.   Said section 161 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 28 to 34, inclusive, the words “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” and inserting in place thereof the following words:-   shall pay all orders drawn upon him in full, for the above purpose and payments made shall be charged to the city or town.

SECTION 70.   Section 162 of said chapter 140 is hereby repealed.

SECTION 71.   Section 163 of said chapter 140, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 1, the words “aldermen or selectmen” and inserting in place thereof the following words:- mayor, aldermen, or selectmen.

SECTION 72.   Said section 163 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 5, the words “dog fund under section one hundred and sixty-one” and inserting in place thereof the following words:- city or town under section 161.

SECTION 73.   Said section 163 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “kill”, in line 7, the following words:- ,in a humane manner,.

SECTION 74.   Section 164 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “more than twenty-five dollars” and inserting in place thereof the following:- less than $25.

SECTION 75.   Said section 164 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 5, the word “dog” and inserting in place thereof the following words:- animal control.

SECTION 76.   Said section 164 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “dog”, in line 6, the following words:- ,in a humane manner,.

SECTION 77.   Section 165 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 1 to 5, inclusive, the words, “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,” and inserting in place thereof the following words:-A city or town may.

SECTION 78.   Said section 165 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “commissioners, chairman or officer shall have been informed as provided in said section” and inserting in place thereof the following words:- chairman of the board of selectmen, mayor or officer shall have been informed as provided in section 161.

SECTION 79.   Said section 165 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 16, the word “dog” and inserting in place thereof the following words:- animal control.

SECTION 80.   Said section 165 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 20, the words “county treasurer” and inserting in place thereof the following words:- city or town.

SECTION 81.   Said section 165 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words “and placed to the credit of the dog fund”.

SECTION 82.   Said section 165 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 21 to 25, inclusive, the words “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.”

SECTION 83.   Section 167 of said chapter 140, as so appearing, is hereby amended by striking out, in lines 1 to 7, the words “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”, and inserting in place thereof the following:- mayor, 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 the order.  After passing the order and posting a certified copy thereof in 2 or more public places in the city or town, or, if a daily newspaper is published in the city or town, by publishing a copy once in that newspaper, the mayor, aldermen or selectmen may issue their warrant to 1.

SECTION 84.   Said section 167 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “kill”, in line 8, the following words:- in a humane manner.

SECTION 85.   Said section 167 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 13, the word “ten” and inserting in place thereof the following figure:- 7.

SECTION 86.   Said section 167 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words “of five dollars, together with one dollar and fifty cents” and inserting in place thereof the following words:- determined by the city or town.

SECTION 87.   Said section 167 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 16, the words “of five dollars”.

SECTION 88.   Section 168 of said chapter 140, as so appearing, is hereby amended by striking out, in line 1, the words “aldermen or selectmen” and inserting in place thereof the following words:- aldermen, selectmen or mayor.

SECTION 89.   Said section 168 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 5, the words “more than twenty-five dollars” and inserting in place thereof the following:- less than $25.

SECTION 90.   Section 169 of said chapter 140, as so appearing, is hereby amended by striking out, in line 1, the word “county,”.  

SECTION 91.   Said section 169 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 3 and 4, the words “more than one hundred dollars” and inserting in place thereof the following:- less than $100.

SECTION 92.   Said section 169 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 4 and 5, the words “,except in Suffolk county, into the county treasury” and inserting in place thereof the following words:- to the city or town.

SECTION 93.   Section 170 of said chapter 140 is hereby repealed.  

SECTION 94.   Section 171 of said chapter 140, as   appearing in the 2008 Official Edition, is hereby amended by striking out, in line 2, the word “county” and inserting in place thereof the following words:- city or town.

SECTION 95.   Said section 171 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 3, the words “county commissioners” and inserting in place thereof the following words:- mayor, aldermen, or selectmen.

SECTION 96.   Said section 171 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 4 to 10, inclusive, the words “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.”

SECTION 97.   Section 172 of said chapter 140 is hereby repealed.

SECTION 98.   Section 173 of said chapter 140, as appearing in the 2008 Official Edition, is hereby amended by inserting   after the word “town” ,in line 1, the following words:- or city.

SECTION 99.   Said section 173 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 2, the word “dogs” and inserting in place thereof the following word:- animals.

SECTION 100.   Said section 173 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 2 and 3, the words “of not more than fifty dollars” and inserting in place thereof the following words:- not less than the minimum nor more than the maximum fines and fees set forth in this chapter.

SECTION 101.   Said section 173 of said chapter 140, as so appearing, is hereby further amended by striking out, in line 4, the word “dogs” and inserting in place thereof following word:- animals.

SECTION 102.   Said section 173 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “town”, in line 4, the following words:- or city.

SECTION 103 .   Said section 173 of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 4 to 7, inclusive, the words “, 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”.

SECTION 104.   Section 173A of said chapter 140, as so appearing, is hereby amended by striking out, in line 12, the words “twenty-five dollars” and inserting in place thereof the following figure:- $50.

SECTION 105.   Said section 173A of said chapter 140, as so appearing, is hereby further amended by striking out, in line 14, the words “thirty dollars” and inserting in place thereof the following words:- not less than $60.

SECTION 106.   Said section 173A of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 16 and 17, the words “fifty dollars” and inserting in place thereof the following figure:- $100.

SECTION 107.   Said section 173A of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “; provided, however, that no new schedule of fines shall contain a fine in excess of fifty dollars”.

SECTION 108.   Section 174A of said chapter 140, as so appearing, is hereby amended by inserting after the word “dog”, in line 1, the words: - or cat.

SECTION 109.     Said section 174A of said chapter 140, as so appearing, is hereby further amended by striking out, in line 2, the words “in a carbon monoxide chamber” and inserting in place thereof the following words:- by use of a carbon monoxide or carbon dioxide chamber or carbon monoxide or carbon dioxide gas.

SECTION 110.     Said section 174A of said chapter 140, as so appearing, is hereby further amended by striking out, in lines 3 to 7, inclusive, the words “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”.  

SECTION 111.   Section 174B of said chapter 140, as so appearing, is hereby amended by striking out, in line 4, the word “fifty” and inserting in place thereof the following figure: - $100.  

SECTION 112.   Section 151C of chapter 140 of the General Laws shall not apply to an animal control officer hired on or before the effective date of this act until 1 year from the effective date of this act.  

SECTION 113.   Section 2 of chapter 27 of the acts of 2009 is hereby amended by inserting, after item 2511-0100,  the following item:-

              2511-0101    The commissioner of the department of agricultural resources may expend not more than $500,000 from revenues collected from fees under section 139 of chapter 140 for the purposes of operating an animal control program, and no less than one-third of said revenues collected shall be allocated to operating   spay/neuter programs in the commonwealth; provided, that the department shall annually file a report with the house and senate committees on ways and means detailing the manner of expenditures under this item in the preceding fiscal and the amount of funding necessary to operate the animal control program, including spay/neuter programs, in the upcoming fiscal year ……….…$500,000