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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)
16-1.9G.3   Penalties.
   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)
16-1.9G.4   Enforcement.
   (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)
16-1.9G.5   Applicability.
   If any provision of these Sections imposes greater restrictions or obligations than those imposed by any other general law, special law, regulations, rule, ordinance, order or policy, then the provisions of these Sections shall control.
(CBC 1985 16-1.9G.5; Ord. 2016 c. 1)
16-1.9G.6   Severability.
   If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-1.9G.6; Ord. 2016 c. 1)
16-1.10   Keeping of Animals.
   No person shall keep any animal upon any estate within the city, except in a place that is properly fitted out for the healthful and sanitary maintenance of that animal, nor shall any person keeping an animal allow any odor from such animal to escape the premises so as to disturb the peaceful enjoyment of the property of another, in addition to all other provisions set forth in M.G.L. Chapter 140, Section 174E.
(CBC 1975 Ord. T14 § 254A; Ord. 1976 c. 7, s 2; CBC 1985 16-1.10; Ord. 2014 c. 15 § 14) Penalty, see Subsection 16-32.6
16-1.10A   Dog Fouling.
   (A)   Duty to dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his or her dog on any sidewalk, street or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his or her dog on any private property neither owned nor occupied by said person.
   (B)   Duty to possess means of removal. No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
   (C)   Method of removal and disposal. For the purposes of this Subsection, the means of removal shall be any plastic bag, tool, implement or other device carried and used for the purpose of picking up and containing such feces, unexposed to said person and unexposed to the public. Disposal shall be accomplished by transporting such feces to a receptacle or other place suitable for the disposal of waste, trash or debris.
   (D)   Fines of violation. Violation of this regulation shall be punished by a fine of $50 for each occurrence.
   (E)   Enforcement. Violation of this regulation shall be enforced in accordance with law; provided, however, that, if simultaneously with the issuance of a complaint hereunder, a complaint is issued pursuant to M.G.L., Chapter 40, Section 21D, and that complaint is disposed of pursuant to said act and Subsection 16-32.3, the complaint issued hereunder shall be deemed disposed of.
   (F)   Exemption. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his or her handicap, is physically unable to comply with the requirements of this Subsection, or any individual over 65 years of age accompanying a licensed dog.
   (G)   Severability. The provisions of this Subsection are severable; and if any of the provisions of this Subsection shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(CBC 1975 Ord. T14 § 291; Ord. 1979 c. 34; CBC 1985 16-1.10A; Recodified by Ord. 1991 c. 5 § 24; Ord. 2004 c. 13 § 2) Penalty, see Subsection 16-32.6
16-1.11   Manure.
   No owner or occupant of a building shall permit any manure to be therein, unless such building is used as a stable, or in that case permit more than two cords of manure to accumulate or remain therein; nor shall any person permit any manure to remain uncovered on his or her grounds outside of his or her building, or permit his or her building or any grounds connected therewith to be foul or unclean.
(CBC 1975 Ord. T14 § 255; CBC 1985 16-1.11) Penalty, see Subsection 16-32.6
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