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16-1.9F.2   Definitions.
   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)
16-1.9F.3   Prohibition.
   Pursuant to M.G.L. Chapter 140, Sections 137 and 173 and Subsection 16-1.9C, no licensed dog shall be leased or rented in the city.
(CBC 1985 16-1.9F.3; Ord. 2008 c. 6 § 2; Ord. 2019 c. 4 § 9)
16-1.9F.4   Enforcement.
   The Boston Police Department and/or the Animal Care and Control Unit of the Parks and Recreation Department shall have the authority to enforce all violations of these Sections.
(CBC 1985 16-1.9F.4; Ord. 2008 c. 6 § 2; Ord. 2014 c. 15 § 12; Ord. 2019 c. 4 § 10)
16-1.9F.5   Fines.
   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)
16-1.9F.6   Severability.
   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)
16-1.9F.7   Effective Date.
   The provisions of these Sections shall be effective upon passage.
(CBC 1985 16-1.9F.7; Ord. 2008 c. 6 § 2)
16-1.9G   Sale of Animals.
   For the purpose of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL RESCUE ORGANIZATION. A not-for-profit organization that is registered with the commonwealth’s Department of Agricultural Resources, if required, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, guinea pigs or rabbits into permanent homes, and which does not obtain animals from a breeder or broker for payment or compensation.
   ANIMAL SHELTER. An animal control facility operated by a governmental entity for the purpose of impounding seized, stray, homeless, abandoned, unwanted or surrendered animals, or a facility operated by an individual or organization for the same purposes under a written contract with a governmental entity, and, if required, is registered with the commonwealth’s Department of Agricultural Resources and which does not obtain animals from a breeder or broker for payment or compensation.
   BREEDER. A person who maintains dogs, cats, guinea pigs or rabbits for the purposes of breeding and selling their offspring.
   BROKER. A person who transfers dogs, cats, guinea pigs or rabbits at wholesale for resale by another.
   FLEA MARKET. A building, structure or open area occupied by one or more vendors, other than retail stores, for sale to the public of new or used goods or products on a seasonal, limited or full schedule of operation.
   PET SHOP. Has the meaning provided in M.G.L. Chapter 129, Section 1. Such definition shall not include an animal shelter or an animal rescue organization.
(CBC 1985 16-1.9G.1; Ord. 2016 c. 1; Ord. 2023 c. 13 § 1)
16-1.9G.2   Sale of Dogs, Cats, Guinea Pigs or Rabbits by Pet Shops Prohibited.
   (A)   No pet shop shall display, sell, deliver, offer for sale, barter, auction, give away, broker or otherwise transfer or dispose of a dog, cat, guinea pig or rabbit, except that pet shop may provide space for the display of dogs, cats, guinea pigs or rabbits available for adoption by a public animal control agency or shelter or an animal rescue organization so long as the pet shop receives no part of any fees associated with the display or adoption of the animals and has no ownership interest in any of the animals displayed or made available for adoption.
   (B)   (1)   Division (A) above shall not apply to a pet shop that offers for sale guinea pigs as of the effective date of this Subsection until 90 days thereafter unless such a pet shop:
         (a)   Expands the species of animals offered for sale, beyond those offered for sale on the effective date of this Subsection, to include guinea pigs; or
         (b)   Changes in ownership, location or the required business licenses are transferred.
      (2)   A pet shop that violates the provisions outlined in divisions (B)(1)(a) and (B)(1)(b) above is thereafter immediately subject to the sales restriction in division (A) above.
   (C)   Each pet shop shall maintain records sufficient to document the source of each dog, cat, guinea pig or rabbit the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any officer of the Parks and Recreation Department, its Animal Care and Control Unit, and/or the Boston Police Department.
   (D)   No person shall sell, exchange, trade, barter, lease or display for a commercial purpose any dog, cat, guinea pig or rabbit on or in any street, public grounds, commercial parking lot, flea market or other market, except for a dog, cat, guinea pig or rabbit displayed:
      (1)   By a shelter or animal rescue organization; or
      (2)   As part of a 4-H program or similar exhibition or educational program.
(CBC 1985 16-1.9G.2; Ord. 2016 c. 1; Ord. 2019 c. 4 § 11; Ord. 2023 c. 13 § 2)
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