2012 – Animal Control

S. 2192, An Act Further Regulating Municipal Animal Control

Signed by the Governor on August 2, 2012. The law took effect 90 days after it was signed, Oct. 31, 2012.

The law:

• Reduces the number of homeless animals in the Commonwealth through a statewide spay/neuter program and, in turn, also reduces the cost to cities and towns for housing and sheltering these animals. This is funded by a voluntary tax check off.
• Adds enforcement provisions to section 139A (the spay/neuter deposit law for animals adopted from shelters and animal control facilities) to ensure these animals can’t reproduce.
• Requires Animal Control Officers to receive training. People are often surprised to learn that their local animal control officer was not required to receive training for the complicated work they do to keep the people and animals in their community safe. This is funded by the tax check off.
• Prohibits carbon monoxide and carbon dioxide gas as a means to “euthanize” dogs and cats.
• Reduces dog bites by improving the dangerous dog law in a breed-neutral manner.
• Allows pets to be included in domestic violence protection orders to protect both animals and people.

The law also created some statewide oversight for animal control, which previously did not exist in Massachusetts; created categories for kennel licensing; created consistency in the holding time for stray dogs; and provided other meaningful updates to the state’s antiquated animal control laws. A House amendment added some restrictions on the tethering of dogs (Ch 140 sec. 174E).

Why were these changes needed?
Many of the laws that govern animal control date back to the 1800s. Quite simply, the laws did not address the current state of animal control in our municipalities, which are no longer based on the county system. The fines were outdated, as was the term “dog officer”; “animal control officer” more accurately describes the role fulfilled. These changes were made to Chapter 140, sections 136A through 174D to update and make the animal control laws more efficient, current, and effective. They also save cities and towns money. At the beginning of every legislative session, many bills are filed to address a section or issue relating to animal control. For years, organizations, individuals, and legislators have been seeking a more comprehensive revision; this law is the result of stakeholder meetings since 2005 to rework the sections in Chapter 140 relating to animals.

The Animal Control Officers Association of Massachusetts (ACOAM), the Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), the Animal Rescue League of Boston, the state’s Bureau of Animal Health within the Department of Agricultural Resources, and the Massachusetts Veterinary Medical Association (MVMA) worked together to draft these changes.

Co-sponsors:

Sponsor:  Senator Jehlen

• News reports on passage and signing:
• — Gov. Signs New Animal Welfare Law Creating Statewide Homeless Animal Fund. West Roxbury Patch. Aug. 3
• — Patrick Signs Animal Control Reform Bill in Ashland. Metrowest Daily News. Aug. 3
• — Dog’s Day with Signing of Bill. The Sun Chronicle. Aug. 3
• Read the law
• Read the MSPCA’s summary/testimony on select provisions.
• Read Senator Jehlen’s press release upon Senate passage.