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(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)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KEEPERSHIP. Harboring an animal with an assumption of custody, management and control of the animal.
LEASING. Does not include the following: temporary conveyance of Police dogs or service animals; temporary conveyance of a dog to a research institution licensed under M.G.L. Chapter 140, Section 174D for medical or scientific purposes; temporary conveyance of a dog to a veterinarian or entity licensed under M.G.L. Chapter 112, Section 55 for medical purposes; temporary conveyance of a dog to a kennel licensed under M.G.L. Chapter 140, Section 137A for the purposes of breeding, boarding, sale, training or hunting; conveyance of a dog by a pet business, as defined in Section 1, with the intent to permanently transfer title of the dog at the time of conveyance; or temporary conveyance of a dog by a pet shelter for the purposes of animal foster care or adoptions services only; or temporary conveyance of a dog to a professional trainer/handler.
LEASING/RENTING. Offering, or entering into, an agreement by which an owner or keeper of a licensed dog receives a fee in exchange for conveying the temporary right of keepership of a licensed dog.
PET BUSINESS. Anyone engaged in a business licensed under M.G.L. Chapter 129.
PET SHELTER. A public animal control facility, or any facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect or abuse.
POLICE DOG. Any dog owned by Police Departments or Police Agencies of the commonwealth or any of its political subdivisions when such dogs are under the direct supervision, care and control of a Police Officer.
PROFESSIONAL HANDLER/TRAINER. Any person engaged in the breeding, training and/or showing of another’s dog for either of the following purposes:
(1) Entering the dog in a show or exhibition; or
(2) Employing the dog in the entertainment field.
SERVICE ANIMAL. Any guide dog, signal dog or other animal individually trained to do work or perform for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, altering individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items pursuant to 28 C.F.R. § 36.104.
(CBC 1985 16-1.9F.2; Ord. 2008 c. 6 § 2)
Any person or entity, except as provided by law, who rents or leases a dog in violation of Subsection 16-1.9F and M.G.L. Chapter 272, Section 80I shall be fined $300 for the first violation, $500 for the second violation and $1,000 for subsequent violations. Each dog for lease or rent is a violation of Subsection 16-1.9F.3. Any dog held in violation of these Sections shall be seized or impounded by an organization or authorized agent thereof that is authorized to seize or impound an animal pursuant to the M.G.L. Any seizure or impoundment shall be governed by the general laws regulating the seizure of animals, including, but not limited to, M.G.L. Chapter 272, Section 104.
(CBC 1985 16-1.9F.5; Ord. 2008 c. 6 § 2; Ord. 2014 c. 15 § 13)
If any provision of these Sections or the application of these Sections to any person or circumstance shall be held invalid by a court of competent jurisdiction, the validity of the remainder of these Sections and the applicability of such Sections to other persons or circumstances shall not be affected thereby.
(CBC 1985 16-1.9F.6; Ord. 2008 c. 6 § 2)
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