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(A) All the powers and duties associated with dog registration and licensing in the city pursuant to M.G.L. Chapter 140 heretofore exercised by the Inspectional Services Department are hereby transferred to the Animal Care and Control Unit of the Parks and Recreation Department. All employees and positions within the Animal Care and Control Unit of the Inspectional Services Department shall be transferred to and within the Animal Care and Control Unit of the Parks and Recreation Department. Each subject employee who immediately prior to such transfer held an Office or position subject to Civil Service Laws and Rules shall be appointed without examination or registration and shall upon such appointment retain all rights to retirement with pension that shall or would have accrued, and each such employee’s service shall be deemed to be continuous to the same extent as if this transfer had not taken place.
(B) Pursuant to M.G.L. Chapter 140, Section 137, all dogs six months of age and older in the city must be registered and licensed annually with the Animal Care and Control Unit as established by Section 7-9.
(CBC 1985 16-1.9C; Ord. 1996 c. 8 § 6; Ord. 2000 c. 4 § 6; Ord. 2008 c. 6 § 1; Ord. 2014 c. 15 § 9; Ord. 2019 c. 4 § 4) Penalty, see Subsection 16-32.6
Fines collected pursuant to the provisions of this Subsection and Subsection 16-1.9A and all dog registration and licensing fees collected pursuant to Subsection 18-1.4(F) through (J) shall be deposited into a revolving fund within the Animal Care and Control Unit of the Parks and Recreation Department with disbursement at the direction of the Commissioner of Park and Recreation, pursuant to the provisions of M.G.L. Chapter 44, Section 53E½, and shall be subject to annual authorization by the Boston City Council with the approval of the Mayor. Said fund shall be utilized as follows: to reimburse for administrative costs to those City Agencies which enforce this Subsection and Subsection 16-1.9 and for costs associated with licensing and registration. The total amount which may be expended from such fund in a fiscal year shall not exceed amounts authorized under the aforesaid Section 53E½.
(CBC 1985 16-1.9D; Ord. 1996 c. 8 § 2; Ord. 2014 c. 15 § 10; Ord. 2019 c. 4 §§ 5, 6)
(A) The purpose of dog licensing is to foster owner accountability by ensuring that each dog is traceable to its owner. By requiring a dog to be licensed, liability for a dog’s actions can easily be established and owners are responsible for ensuring the safety of the pet and others. This is especially important given that M.G.L. Chapter 140, Section 155 imposes strict liability upon the owner or keeper of a dog that causes bodily harm or property damage. Pursuant to M.G.L. Chapter 140, Section 173 and in order to advance the purposes of dog owner accountability, the city has the power to further regulate dog licensing. It is the intent of this Section to protect and preserve public health, safety and wellness by prohibiting the leasing of licensed dogs. The city has a duty to monitor and regulate dog ownership via licensure. Allowing a licensed dog to be rented would create instability and uncertainty regarding the care and treatment of the animal, presumably resulting in aggressive and vicious conduct towards the lessee and public.
(B) The Animal Care and Control Unit shall have the authority to promulgate rules and regulations necessary to enforce this Subsection.
(CBC 1985 16-1.9F.1; Ord. 2008 c. 6 § 2; Ord. 2019 c. 4 §§ 7, 8)
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