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State Legislation

MASSACHUSETTS
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Posted July 2008

Boston - Opponents of dog racing in Massachusetts are hailing a decision by the state's highest court today (7/15/08) that clears the way for a dog racing ban proposal to appear on the November ballot. George Carney, who has owned the Raynham-Taunton dog track for the past 40 years, sued in March, challenging Attorney General Martha Coakley's certification of the ballot question proposed by the Committee to Protect Dogs. Carney argued, among other things, that the law would amount to an uncompensated "taking" of his property.
But the Supreme Judicial Court today rejected that argument, noting that gambling on dog races is a heavily regulated industry that only exists because the Legislature has carved out narrow exceptions in the law.
The court, citing an earlier decision, also said that racing "can be abolished at any time that the Legislature may deem proper for the safeguarding and protection of the public welfare."


Manchester - Dog owners and beachgoers may be facing some new rules next year through a compromise aimed at resolving who gets to use Singing Beach — and when. The town's Singing Beach Committee has recommended that the beach be segregated during the months of April and October — with some space set aside for visitors to enjoy the beach pet free, while much of it would still be open for people to bring their canines. Committee members told the town's selectmen last week that there are a number of temperate days in the months of October and April when people would like to visit the beach without dealing with dogs and their calling cards. Presently, dogs are not allowed on Singing Beach between May 1 and Sept. 30, but are permitted on the beach between October and April. If ultimately approved at Town Meeting next spring, according to the newest proposal, one quarter of the beach would be reserved for beachgoers.


Stoughton - Town officials plan to revamp a dog control bylaw proposal tabled at town meeting in May because voters thought it unfairly targeted pit bulls. Dog Control Officer Kristin Bousquet, a co-author of the proposal, said there appeared to be “too many glitches” and that more research needs to be done.


Rochester - A regular meeting of the Rochester Board of Selectmen was called to order on Monday, July 14 at 7:01 pm. At 7:05 pm the board opened a Dog Hearing upon a complaint against Ed Rose and his dogs located in a kennel on his property on Walnut Plain Road.
Resident and abutter Tim Scholz noted that he and his fellow neighbors are seeking relief under Massachusetts General Laws (MGL) Chapter 140, Section 157, with regard to dogs being a nuisance. I think the number of people here pretty much constitutes a public nuisance," Mr. Scholz said. While this hearing was convened solely to consider alleged violations under Chapter 140, Section 157, some residents like Mark Collins wanted to know if other issues could be addressed regarding Mr. Rose's dog breeding hobby. This is a quasi-legal judicial hearing," said Town Counsel Blair Bailey. "Any other issue discussed outside the particular statute as advertised ... would require another hearing." Town Counsel Blair Bailey suggested closing the hearing to public comment and ask that Mr. Rose and his attorney draft a proposed solution for submittal to the board prior to their next regular meeting on July 28. "Mr. Rose, can you come up with a solid plan with a timetable and budget to solve this problem by July 28?" Chairman McGaffey asked. When Mr. Rose and Mr. Perry agreed, the board unanimously voted to continue the hearing to July 28 at 7:00 pm.


Waltham - State Rep. Peter Koutoujian, D-Waltham, is pushing a bill that would allow judges to include pets in temporary restraining orders in domestic abuse cases. That bill, which he and state Rep. Jennifer Callahan, D-Sutton introduced last year, now sits in the House Ways and Means Committee awaiting approval. Under the proposed bill, if a judge finds reason to include a pet in an order of protection, then the petitioner would be given exclusive custody of the animal.

Posted June 2008

Haverhill -(6/4/08) - New rules for dangerous dogs approved last night include the formation of a commission to monitor dog attacks, review canine policy and help the city find a location and money for a dog park. The ordinance also calls for hiring a part-time assistant animal control officer to patrol city parks and playgrounds this summer. The assistant dog officer will have the power to fine people with unregistered dogs, as well as owners who don't have their canines on a leash or who don't clean up after their animals. The ordinance gives the animal control officer and police Chief Alan DeNaro "a wide array of options" for dealing with vicious and potentially dangerous dogs, Cox said. The rules allow the police chief to call for a hearing for the purpose of considering the destruction of a previously deemed "dangerous" or "vicious" dog that is found off the owners' property or not restrained as required. A hearing to consider euthanization is automatic if a dangerous dog is found unrestrained off its owner's property a second time. The new dog ordinance establishes two categories of canines — dangerous dogs and potentially dangerous dogs. Dogs would be deemed dangerous or potentially dangerous by the city's dog officer or police chief. A dangerous dog is defined as a dog that has bitten, attacked or terrorized a person, or a dog that is bred for fighting or drug trafficking. A potentially dangerous dog is a canine that acts in such an aggressive manner that the dog officer or police chief believes the animal is likely to attack a person. The rules give police new tools to control dangerous and potentially dangerous dogs, Cox said. The police chief or dog officer may order the dog confined indoors or outdoors in an enclosed pen. Police also may order the dog's owner to purchase insurance in case the dog attacks and injures a person. The ordinance also provides a $50 licensing surcharge for dangerous dogs. Other measures provided in the ordinance allow police to order owners of dangerous dogs to purchase behavioral training for the dog, home signs alerting the area to the presence of a dangerous dog and microchips to monitor the animal. Penalties for not following any requirements imposed by the police chief or dog officer range from $100 to destroying the animal. The new dog rules apply to all breeds of dogs. Many of the toughest provisions of Haverhill's previous rules applied only to pit bulls. City Councilor William Macek suggested anyone who knows of a dog that is not licensed report the violation by calling the Police Department's anonymous tip line. City rules require any dog older than six months to be registered for an annual fee of $20, or $15 if the animal is spayed or neutered. The canine commission will include two residents, one who owns dogs and one who doesn't. Anyone interested in being on the commission should contact the mayor's office. Mayor James Fiorentini said he has included money in his budget proposal for the new position.
http://www.eagletribune.com/punewshh/local_story_155235951.html?keyword=topstory

Posted May 2008

Haverhill - The City Council will hold one more committee meeting on new laws for dangerous dogs and then vote on a proposal for tougher rules and penalties in three weeks. "Public Safety can finish the discussion from last night and come back to us in three weeks," City Council President Michael Hart said, referring to a standing-room-only meeting Monday night (5/5/08) at City Hall. The proposal would establish two categories of canines ­ dangerous dogs and potentially dangerous dogs. Dogs would be deemed dangerous or potentially dangerous by the city's dog officer or police chief, based on preset criteria. A dangerous dog is defined in the proposed ordinances as a dog that has bitten, attacked or terrorized a person, or a dog that is bred for fighting or drug trafficking. A potentially dangerous dog is a canine that acts in such an aggressive manner that the dog officer believes the animal is likely to attack a person. The proposal would give police new tools to control dangerous and potentially dangerous dogs, the mayor said. For instance, the police chief or dog officer may order the dog confined indoors or outdoors in an enclosed pen. Police may also order the dog's owner to purchase insurance in case the dog attacks and injures a person, according to the proposal. The ordinance also provides a $50 licensing surcharge for dangerous dogs. Other measures provided in the proposal would allow police to order owners of dangerous dogs to purchase behavioral training for the dog, home signs alerting the area to the presence of a dangerous dog and microchips to monitor the animal. Penalties for not following any requirements imposed by the police chief or dog officer range from $100 to destroying the animal. http://www.eagletribune.com/punews/local_story_128001526.html

Lynn - Ward 1 City Councilor Wayne Lozzi is proposing that landlords take out a $100,000 liability policy for tenants in possession of violent animals. Lozzi said the proposed amendment is a proactive approach to potentially control fierce dogs, instead of waiting for an animal to bite an unsuspecting person.

Posted April 2008

Boston - A local legislator and her dog went to the State House yesterday to rally support for bills protecting animals from violent domestic disputes and compensate the owners for their pain and suffering. State Rep. Jennifer Callahan, D-Sutton, accompanied by Bailey, her yellow Labrador retriever, spoke about two of her proposals yesterday as part of Animal Lobby Day, hosted by the Massachusetts Society for the Prevention of Cruelty to Animals. Callahan asked animal rights activists to lobby legislators to support her bills, including one that would allow judges to include pets in temporary restraining orders. The bill would apply to all pets and companion livestock. Callahan also filed a separate bill that would allow the owners of pets who were injured or killed maliciously to sue for emotional distress and loss of companionship.

Posted March 2008

HB1948 - An Act relative to dogs. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:Chapter 140 of the General Laws is hereby amended by inserting after section 157 the following four sections: Section 157A. “Potentially dangerous dog” means any of the following: -- Any dog, regardless of breed, breeding, type or appearance, which, when unprovoked, on two separate occasions within the prior 36 month period, engages in any behavior that requires a defensive action by a domestic animal to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. Any dog, regardless of breed, breeding, type or appearance, which, when unprovoked, on two separate occasions within the prior 36 month period, has killed, seriously bitten, inflicted serious injury upon, or attacked a domestic animal off the property of the owner or keeper of the dog.

SB512 - AN ACT updating the animal control laws of Massachusetts, Section 39E. All dogs or cats brought or shipped into the commonwealth shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the commissioner of agricultural resources.

Lynn - In the wake of another dog attack in the city, Council President Tim Phelan said he and city officials are currently examining an increase in fines for unleashed dogs and whether a "Pit Bull ban" is a feasible option to protect residents from unruly animals. Phelan said the council also plans to reach out to city postal carriers to identify any unleashed or unruly dogs while they are on their rounds in local neighborhoods.