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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)
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)
(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)
Any person or entity, except as provided by law, who sells a dog, cat, guinea pig or rabbit in violation of this Section shall be fined $300 per violation. Each animal sold or offered for sale in violation of this Section shall constitute a separate offense. Any animal being offered for sale or transfer, or displayed in violation of these Sections, may be seized or impounded.
(CBC 1985 16-1.9G.3; Ord. 2016 c. 1; Ord. 2023 c. 13 § 3)
(A) The Parks and Recreation Department, its Animal Care and Control Unit and/or the Boston Police Department shall have the authority to enforce all violations of these Sections. Any animal being offered for sale or transfer, or displayed in violation of these Sections, may be seized or impounded unless the enforcing Officer determines that failure to seize or impound will be detrimental to the safety and/or health of the animal. In such cases, the animal shall be seized.
(B) Animals seized pursuant to this Section will be held for a period of seven days. The person or entity in violation of these Sections may file for an administrative hearing to appeal the seizure within seven days of the seizure of the animals. If, after seven days, the person or entity fails to file an appeal, the animals shall be surrendered to the city’s Animal Care and Control.
(CBC 1985 16-1.9G.4; Ord. 2016 c. 1; Ord. 2019 c. 4 § 12)
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