SENATE, No. 512

SECTION 1.  Chapter 129 is hereby amended by inserting after section 39D the following section:-

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. 

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. The certificate or form shall also show age, sex, breed and description of each dog or cat and that they are free from visual evidence of infectious or contagious disease.  The certificate or form shall show proof of rabies vaccination within the previous 12 months.  Dogs or cats imported into Massachusetts that are not currently vaccinated for rabies will be required to be vaccinated within 90 days of entry or acquisition or upon reaching the age of 6 months.

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 they are free from visual evidence of infectious or contagious disease.

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 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 $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 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 30 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.

SECTION 2.  Section 136A of chapter 140 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 6, the words ““Commissioner”, the commissioner of public health” and inserting in place thereof the following words:- “Commissioner”, the commissioner of agricultural resources, except in section 174D, where commissioner shall mean commissioner of public health

SECTION 3.  Section 136A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words ““Director”, the director of the division of accounts of the department of corporations and taxation” and inserting in place there of the following words:- “Department”, the department of agricultural resources

SECTION 4.  Section 136A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words ““Dog fund”, the fees, fines and reimbursements collected in connection with the licensing of dogs and the enforcement of said sections.” and inserting in place thereof the following words:- “Animal control fund”, the fees, fines and reimbursements collected by a city or town in connection with the licensing of companion animals and the enforcement of section 137 to 175, inclusive.

SECTION 5.  Section 136A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 11 and 12, the words ““Dog Officer”, any officer appointed under said sections to enforce the laws relating to dogs” and inserting in place thereof the following words:- “Animal control officer”, any officer appointed under said sections to enforce the laws in sections 137 to 175, inclusive.

SECTION 6.  Section 136A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 15 to 20, inclusive, the words ““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.” and inserting in place thereof the following words:- "Kennel", one pack or collection of dogs on a single premises, defined as follows:

a. “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, for a fee or consideration.  This does not include dogs owned by the operator, grooming facilities holding dogs solely for the purpose of grooming and not overnight boarding, hobby breeders who board intact males or females for a period of time for the sole purpose of breeding, individuals who temporarily, and not in the normal course of business, board or care for animals owned by others, or a licensed pet shop.

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

c. “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 non profit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals.  A domestic charitable corporation kennel includes a veterinary hospital or clinic operated by a licensed veterinarian, which operates for the above purpose in addition to providing medical treatment and care. 

d. “Veterinary kennel”, a veterinary hospital or clinic that boards dogs for reasons in addition to medical treatment or care.  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.

e. "Personal kennel", one pack or collection of more than 4 dogs 3 months old or over, owned or kept by a person on a single premises, under one ownership, for private personal use.  Breeding of personally owned dogs may take place for the purpose of improving the breed, exhibiting, showing, use in sporting activity or other personal reasons, provided 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.  Kennels in this category shall not sell, trade, barter or distribute any dogs not bred from their personally owned dogs.  However, 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.

SECTION 7.  Section 136A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “between April first and the following March thirty-first, both dates inclusive” and inserting in place thereof the following words:- during which a companion animal is licensed, as determined by a city or town

SECTION 8.  Said chapter 140 is hereby further amended by striking out section 137, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-

Section 137.  All dogs 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 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.

 No town or city clerk or, in Boston, the police commissioner, shall grant such license for any dog unless the owner thereof provides such town or city 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 145B, 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 licensing official may grant an exemption from the provisions of section 145B for any dog which has not yet attained the age of 6 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 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 10 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, and upon which shall appear the license number, the name of the town issuing such license and the year of issue. If any such 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 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 9.  Said chapter 140 is hereby further amended by striking out section 137A, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:- 

Section 137A.   Every person maintaining a kennel shall have a kennel license. Any 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 such 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 he were maintaining a kennel.  The city or town clerk, of 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. 

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 city or town issuing such license and the year of issue. Such tags shall be furnished to such owner or keeper by the clerk of the city or 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 determined by the city or town; provided, that, for the purpose of determining the amount of such fee for any kennel, dogs 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 any kennel, if other than the person maintaining the kennel, shall be kept on file thereat and available to inspection by any animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.

The clerk of any city or 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.

The commissioner may promulgate additional rules and regulations for the licensing of kennels and catteries.

SECTION 10.  Section 137B  of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 14, after the word “town”, the words:- or city

SECTION 11.  Section 137B  of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 18, after the word “town”, the words:- or city

SECTION 12.  Said chapter 140 is hereby further amended by striking out section 137C, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:- 

Section 137C.  The mayor of a city or a selectmen of a town, or in Boston the police commissioner, or a chief of police or animal control officer, may at any time inspect or cause to be inspected any kennel and if, in their or his judgment, it is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, they 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 that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in the city or town, because of the 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, within 7 days after the filing of such petition, shall give notice to all parties in interest of a public hearing to be held within 14 days after the date of notice.  The mayor,  selectmen or police commissioner within 7 days shall investigate or cause to be investigated the subject matter of such petition and shall, by order, either suspend or revoke such kennel license or otherwise regulate such kennel, or dismiss 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 10 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 has been so revoked, or while such license is suspended, shall be punished by a fine not less than $100.

SECTION 13.  Section 137D of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 4, the word “dogs” and inserting in place thereof the following words:- companion animals

SECTION 14.  Section 137D of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 15, the word “two” and inserting in place thereof the following word:- 5

SECTION 15.  Section 138  of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 2, after the word “town” the following words:- or city

SECTION 16.  Section 138 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 3, after the word “town” the following words:- or city

SECTION 17.  Section 138 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, each time it appears, the word “three” and inserting in place thereof the following word:- 6

SECTION 18.  Section 138A of chapter 140 is hereby repealed. 

SECTION 19.  Said chapter 140 is hereby further amended by striking out section 139, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-

Section 139.  The fee for every license shall, except as otherwise provided, be determined by a city or town, provided this fee is not less than $5 for a spayed or neutered dog and not less than $20 for an intact dog.  Six dollars of the fee for an intact animal is a surcharge, $5 of which shall be transferred to the commissioner and deposited into a pet overpopulation fund to be used solely to administer a program to prevent the overpopulation of dogs and cats, including feral cats, in the commonwealth.  One dollar of the surcharge shall be deposited with the commissioner to be used for administration and oversight of animal control, which may include the oversight of animal control officer training, assessing fines pursuant to section 139A, the registration of shelters and animal control facilities, as well as reporting of information relating to the adoption and euthanasia of animals.

If a certificate of a registered veterinarian who spayed or neutered a dog has been shown to the city of 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 he has examined such dog and that it appears to have been, and in his opinion has 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.    

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 city or town under section 147.

SECTION 20.  Section 139A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2 and 3, the words “ten nor more than thirty dollars” and inserting in place thereof the following words:- $40

SECTION 21.  Section 139A of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 2, after the word “unless” the following words:- a written agreement is entered into and

SECTION 22.  Section 139A of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the last paragraph the following paragraph:-

The commissioner shall set fines for violations and may further establish regulations to ensure compliance with this section.  Additionally, an animal control officer, officer licensed under Chapter 22C section 57, police officer or 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.  Any legal fees or court costs used for the enforcement of this section are the responsibility of the owner.

SECTION 23.  Section 141 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 4 to 6, inclusive, the words “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” and inserting in place thereof the words:-$50, which shall be paid to the animal control fund

SECTION 24.  Section 145 of chapter 140 of the General Laws, 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 25.  Section 145A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 13 to 17, inclusive, the words “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 inserting in place thereof the following words:- animal control fund.

SECTION 26.  Section 145A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 23 to 30, inclusive, the words:- “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 27.  Section 145B of chapter 140 of the General Laws, as so appearing, is hereby amended striking out, in lines 1, 2, 4, 5, 10, 18, 19, 25 and 28, in each instance, the words “dog or cat” and inserting in place thereof the following words:- dog, cat or ferret

SECTION 28.  Section 145B of chapter 140 of the General Laws, as so appearing, is hereby amended striking out, in lines 6 and 31, in each appearance, the words “dogs or cats” and inserting in place thereof the following words:- dogs, cats or ferrets

SECTION 29.  Section 145B of chapter 140 of the General Laws, as so appearing, is hereby amended striking out, in lines 34, the words “more than fifty dollars” and inserting in place thereof the following words:- less than $50

SECTION 30.  Section 146 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 5, after the word “town” the words: - or city

SECTION 31.  Section 146 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word “twenty-five cents” and inserting in place thereof the following words:- an amount to be determined by the city or town

SECTION 32.  Said chapter 140 is hereby further amended by striking out section 147, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:- 

Section 147.        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 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 them. The police commissioner 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 such city or town clerk. All blanks for such licenses and tags and all such record books shall be paid for out of the animal control fund. The 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 $50 nor more than $500 or by imprisonment for not less than 1 month nor more than 1 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 city or town, 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 13A of chapter 41 and, in the case of a town clerk, by section 13 of said chapter 41. All payments required hereunder shall be subject to the provisions of section 52 of said chapter 41.

SECTION 33.  Said chapter 140 is hereby further amended by striking out section 147A, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-

 Section 147A.   Any city or town is hereby empowered to enact by-laws and ordinances relative to the regulation of dogs and cats. Except as hereinafter provided in clauses (a), (b) and (c), and notwithstanding any contrary provision of selections 137 to 174D, inclusive, relating to the regulation of animals or any special law relating to the regulation of animals, such by-laws and ordinances may relate to, but not be limited to licensing, fees, disposition of fees, appointment of animal control officers, kennel and cattery 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 151; (b) the minimum confinement period of dogs as provided in section 151A; and (c) the methods of execution, as provided in said section 151A.

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 animal control fund of said town or city by the city or town treasurer.

SECTION 34.  Section 147B of chapter 140 is hereby repealed.

SECTION 35.  Section 149 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word “county, city or town treasurer, except in Suffolk county,” and inserting in place thereof the following words:-city or town treasurer

SECTION 36.  Section 149 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “dogs” and inserting in place thereof the following word:- animals

SECTION 37.  Section 150 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “on or before April first” and inserting in place thereof the following word:- yearly

SECTION 38.  Section 150 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “ten dollars” and inserting in place thereof the following word:- $50

SECTION 39.  Section 150 of chapter 140 of the General Laws, as appearing, is hereby 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 into the animal control fund

SECTION 40.  Said chapter 140 is hereby further amended by striking out section 151, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-

Section 151.     The mayor of each city and the board of selectmen of each town shall annually designate one 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 address of such officers. Except as hereinafter otherwise provided, if any city or town shall fail to make such appointment, the commissioner shall appoint an animal control officer for such city or town. Any animal control 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 commissioner. Animal control officers, other than those employed under regular pay, shall receive from the animal control fund by the treasurers of their respective cities and towns a fee determined by each city or town for each dog killed, in a humane manner, as provided in section 151A, in full compensation for their services; provided, however, that any animal control officer shall, prior to engaging in execution of animals, have completed under the supervision of a veterinarian registered under the provisions of 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 his possession shall check its description against the descriptions within the city or town issued on dogs licensed, or cats 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 said dogs or cats are kept or killed and shall be paid out of the animal control fund. Each animal control officer appointed under his 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 him by his warrant, and shall be paid for such 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 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.

No animal control officer shall be a licensed animal dealer registered with the United States Department of Agriculture, and no animal control 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 $500.

SECTION 41.  Said chapter 140 is hereby further amended by striking out section 151A, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-

 Section 151A.  The mayor or board of selectmen shall annually issue a warrant to such animal control 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 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 him for a period of 7 days shall not have been licensed, collared or harnessed, and tagged; provided, that at the end of 7 days, which shall be defined as a 24-hour period, such animal control officer may make available for adoption any dog not found to be diseased, for a sum not less than $10 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 animal control fund. Before delivery of any dog so adopted such animal control officer shall require the purchaser to show identification and to procure a license and tag for such 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 all such 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 such dog or cat, payable by the owner or keeper, if known, otherwise from the animal control fund.

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 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 animal control officer shall record the method and date of destruction and the name of the person who executed such animal. Every animal control officer shall forward a copy of said record to the town or city clerk within 30 days.  Copies of such record shall, for a period of two years, be kept in the offices of the city or town clerk where such animal control officer is employed.

SECTION 42.  Section 151B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “dog” and inserting in place thereof the following words:- animal control

SECTION 43.  Section 151B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “county” and inserting in place thereof the following words:- city or town

SECTION 44.  Section 151B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “not to exceed twenty dollars” and inserting in place thereof the following words:- not less than $100

SECTION 45.  Section 151B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word “dog” and inserting in place thereof the following words:- animal control

SECTION 46.  Section 151B of chapter 140 of the General Laws, 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 47.  Chapter 140 is hereby amended by inserting after section 151B the following section: -

Section 151C.  Within one 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 48.  Section 152 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “dog” and inserting in place thereof the following words:- animal control

SECTION 49.  Section 152 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 6, after the word “dog” the following words:- and cats

SECTION 50.  Section 152 of chapter 140 of the General Laws, 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 51.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “except in Suffolk county,”

SECTION 52.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby 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”

SECTION 53.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in lines 13 to 18, inclusive, the 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 54.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words “ten days” and inserting in place thereof the following words:- 7 days, which shall be defined as a 24-hour period,

SECTION 55.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 20, the words “male or any spayed female”

SECTION 56.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 21, the words “three dollars” and inserting in place thereof the following words:- $10

SECTION 57.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 34, after the word “dogs” the following words:- and cats

SECTION 58.  Section 153 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, the words in lines 43 to 84, inclusive.

SECTION 59.  Said chapter 140 is hereby further amended by striking out section 157, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-

Section 157.  If any person shall make a complaint in writing to the selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their designee or the person charged with the responsibility of handling dog complaints of a town or city, that any dog owned or found within his or their jurisdiction is a nuisance by reason of a dangerous disposition or excessive barking or other disturbance, these officials shall investigate, or cause to be investigated, such complaint, including an examination on oath of the complainant at a public hearing in the city or town of occurrence to determine whether such dog has indeed engaged in such behaviors as to be classified as dangerous under section 157A or that such dog constitutes a nuisance by reason of excessive barking or other disturbance.  If, after a fair and proper hearing, the dog is found to be a danger to the public safety because of a dangerous disposition or found to be a nuisance, the officials presiding over such hearing may make an order concerning such dog.  The selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their 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 destroyed if in their judgment this is warranted, based on the facts of the case.

Within 10 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.

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.

The selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their 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 animal or animals in a humane place of detention while the hearing or trial process is being processed for the further safety and protection of the public or other animals.

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

SECTION 60.  Said chapter 140 is hereby amended by inserting after section 157 the following section:-

Section 157A.  Any person owning or harboring a dog who fails to comply with any order of the selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their designee or the person charged with the responsibility of handling dog complaints of a town or city or district court, including violation of section 157B, shall be punished by a fine of not more than $500 and/or imprisonment for not more than 60 days for the first offense and not more than $1,000 and/or imprisonment for not more than 90 days for a second or subsequent offense.

   Any person found in gross violation of said order shall be ordered to immediately surrender to the licensing authority of a city or town such license and tags that they may possess and shall be banned from licensing any dog within the Commonwealth for a period between 3 and 5 years.  Any selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their designee or the person charged with the responsibility of handling dog complaints of a town or city making such determination that a dog is deemed dangerous or a nuisance under section 157 shall report such violations to the city or town clerk.

SECTION 61.  Said chapter 140 is hereby amended by inserting after section 157 the following section:-

Section 157B.  “Dangerous dog”, shall mean any 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 serious injury or death to one or more persons, domestic or owned animals. A dog’s breed shall not be considered in determining whether or not a dog is “dangerous.”

No dog may be declared “dangerous” if:

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

b.  at the time of attack or threat, the person was committing a crime or offense upon the property of the owner, or custodian, of the dog;

c.  the person injured or threatened was teasing, tormenting, abusing or assaulting the dog;

d.  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;

e.  the dog was responding to pain or injury, or protecting itself, its kennels or its offspring;

Neither growling nor barking nor both shall alone constitute grounds upon which to find a dog to be dangerous.

“Attack”, means aggressive physical contact initiated by the dog.

“Serious injury”, means any physical injury consisting of broken bones or a permanently disfiguring laceration requiring either multiple stitches or cosmetic surgery.

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

SECTION 62.  Said chapter 140 is hereby amended by inserting after section 157 the following section:-

Section 157C.  The selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their designee or the person charged with the responsibility of handling dog complaints of a town or city, or the district court may order the following conditions for a dog deemed dangerous under section 157:

a. A dangerous dog shall not go unconfined on the premises of the person owning or harboring or having care or custody of the dog.  A dangerous dog is unconfined, as the term is used in this section, if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of said person.  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. There must also be within the confines of the pen or dog run a dog house or shelter for the protection of the dog.

b.  When off the premises of the owner or person harboring a dangerous dog, the animal must be safely 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.

c.  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 as provided for in (a) above.

d.  No person shall possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the Commonwealth any dangerous dog.

e.  Any person owning or harboring or having the care of any dog determined to be dangerous shall maintain a policy or insurance in an amount not less than $100,000 insuring said 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.  Such person shall produce evidence of such insurance upon request of the selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their designee or the person charged with the responsibility of handling dog complaints of a town or city or district court.

f.  In the event that the selectmen of a town, mayor, the officer in charge of the animal commission, the chief or commissioner of a police department or their designee or the person charged with the responsibility of handling dog complaints of a town or city or district court has probable cause to believe that a dangerous dog is being harbored or cared for in violation of any of the above provisions, they may make such order concerning the restraint of such dog as may be deemed necessary pending required hearings or trials.

g.  The selectmen of a town, mayor, the officer in charge of the animal commission or person charged with the responsibility of handling dog complaints of a town or city, the chief or commissioner of a police department or their designee or district court may make any order regarding the permanent identification or numbering of dogs determined dangerous as they deem reasonably necessary to identify such dog throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations.

In no case shall a dog found to be dangerous be ordered from the town or city limits in which the animal resides.

Nothing in sections 157 through 157C shall be construed to prevent a city or town from adopting or enforcing its own program for the control of potentially dangerous or dangerous dogs that may incorporate all, part, or none of said sections, that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous of dangerous dogs, provided that no program shall regulate dogs in a manner that is specific as to breed.

In the event that the owner, keeper or person having charge, custody or control of any dog is a minor, the parent or guardian of such minor shall be responsible to ensure that all provisions of this section are complied with. 

SECTION 63.  Section 158 of chapter 140 of the General Laws, as so appearing, 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 public safety, kill

SECTION 64.  Section 158 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 2, after the word “dog” the following words:- ,in a humane manner,

SECTION 65.  Section 158 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2 and 3, the words “or the county commissioners,”

SECTION 66.  Section 158 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 5, after the word “dog” the following words:- ,in a humane manner,

SECTION 67.  Section 159 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “or the county commissioners,”

SECTION 68.  Section 160 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “county commissioners of any county, the”

SECTION 69.  Section 160 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 5, after the word “dog” the following words:- in a humane manner

SECTION 70.  Section 160 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words “approved by the county commissioners,”

SECTION 71.  Section 160 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the words “or county commissioners”

SECTION 72.  Section 160 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 14, after the word “town” the following words:- or city

SECTION 73.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 10, the words “fifty dollars” and inserting in place thereof the following word:- $100

SECTION 74.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 11, the words “fifty dollars” and inserting in place thereof the following words:- $100

SECTION 75.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 20, the words “except in Suffolk county”

SECTION 76.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 20, the words “county” and inserting in place there of the following words:- city or town

SECTION 77.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 22, the words “county commissioners” and inserting in place thereof the following words:- city or town clerk

SECTION 78.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby amended by striking out, in line 27, the words “county” and inserting in place thereof  the following words:- city or town

SECTION 79.  Section 161 of chapter 140 of the General laws, as so appearing, is hereby 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 animal control fund.

SECTION 80.  Section 162 of chapter 140 is hereby repealed.

SECTION 81.  Section 163 of chapter 140 of the General Laws, as appearing, is hereby amended by striking out, in line 1, the word “alderman or selectmen” and inserting in place thereof the following words:- alderman, selectmen or mayor

SECTION 82.  Section 163 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “dog” and inserting in place thereof the following words:-animal control

SECTION 83.  Section 163 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 7, after the word “kill” the following words:- ,in a humane manner,

SECTION 84.  Section 164 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “more” and inserting in place thereof the following word:-less

SECTION 85.  Section 164 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “dog” and inserting in place thereof the following words:-animal control

SECTION 86.  Section 164 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 6, after the word “dog” the following words:- in a humane manner

SECTION 87.  Section 165 of chapter 140 of the General Laws, 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 88.  Section 165 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “commissioners, chairman” and inserting in place thereof the following words:- chairman of the board of selectmen or mayor

SECTION 89.  Section 165 of chapter 140 of the General Laws, as appearing, is hereby amended by striking out, in line 16, the word “dog” and inserting in place thereof the following words:-animal control

SECTION 90.  Section 165 of chapter 140 of the General Laws, as appearing, is hereby amended by striking out, in line 20, the words “county treasurer” and inserting in place thereof the following words:- city or town

SECTION 91.  Section 165 of chapter 140 of the General Laws, as appearing, is hereby amended by striking out, in line 21, the words “dog” and inserting in place there of the following words:-animal control

SECTION 92.  Section 165 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 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 93.  Section 167 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “alderman or selectmen” and inserting in place thereof the following words:- alderman, selectmen or mayor

SECTION 94.  Section 167 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “alderman or selectmen” and inserting in place thereof the following words:- alderman, selectmen or mayor

SECTION 95.  Section 167 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 8, after the word “kill” and the following words:- in a humane manner

SECTION 96.  Section 167 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “ten” and inserting in place thereof the following words:- 7

SECTION 97.  Section 167 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 to 15, inclusive, the word “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 98.  Section 167 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “of five dollars”

SECTION 99.  Section 168 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “alderman or selectmen” and inserting in place thereof the following words:- alderman, selectmen or mayor

SECTION 100.  Section 168 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “more” and inserting in place thereof the following word:- less

SECTION 101.  Section 169 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word “county,”

SECTION 102.  Section 169 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word “more” and inserting in place thereof the following word:- less

SECTION 103.  Section 169 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 to 5, inclusive, the words “,except in Suffolk county, into the county treasury” and inserting in place thereof the following words:- into the animal control fund

SECTION 104.  Section 170 of chapter 140 is hereby repealed. 

SECTION 105.  Section 171 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word “county” and inserting in place thereof the following words:- city or town

SECTION 106.  Section 171 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “county commissioners” and inserting in place thereof the following words:- alderman, selectmen or mayor

SECTION 107.  Section 171 of chapter 140 of the General Laws, as so appearing, is hereby 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 108.  Section 172 of chapter 140 is hereby repealed.

SECTION 109.  Section 173 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting in line 1, after the word “town” the following words:- or city

SECTION 110.  Section 173 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the word “dogs” and inserting in place thereof the following word:- animals

SECTION 111.  Section 173 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out in lines 2 and 3, the words “of not more than fifty dollars”

SECTION 112.  Section 173 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “dogs” and inserting in place thereof following word:- animals

SECTION 113.  Section 173 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 4, after the word “town” the following word:- or city

SECTION 114.  Section 173 of chapter 140 of the General Laws, as so appearing, is hereby 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 115.  Section 173A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words “twenty-five dollars” and inserting in place thereof the following words:- not less than $50

SECTION 116.  Section 173A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the word “thirty dollars” and inserting in place thereof the following words:- not less than $75

SECTION 117.  Section 173A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 to 17, inclusive, the words “fifty dollars” and inserting the following words:- not less than $100

SECTION 118.  Section 173A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in lines 22 to 23, inclusive, the words “provided, however, that no new schedule of fines shall contain a fine in excess of fifty dollars”

SECTION 119.  Section 174A of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting, in line 1, after the word “dog” the words: - or cat

SECTION 120.   Section 174A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking, 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 121.   Section 174A of chapter 140 of the General Laws, as so appearing, is hereby 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 122.  Section 174B of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “more” and inserting in place thereof the following word: - less

SECTION 123.  Section 151C of chapter 140 shall not apply to any animal control officer hired on or before the effective date of this act until 1 year from the effective date of this act.