Category Archives: Massachusetts

Wareham, MA: Dog bylaws will be revised (whispers of BSL)

Wareham, MA, was considering breed-neutral revisions to their breed-neutral dog bylaws. The revisions failed to pass, and the council decided to create a committee to look at the proposal further. However, some of the residents and the animal control officer expressed concerns about the danger of specific breeds. We are concerned that the committee may consider or add breed-specific restrictions to the proposal while they are looking at it.

Residents of Wareham are encouraged to inquire and get on the committee that will discuss the revisions further. This is an opportunity to provide reasonable breed-neutral solutions and education to guide the direction of the town’s dog ordinance revisions.

Dog laws postponed for Fall 2012 Town Meeting

By Rishi Sidhu | May 02, 2012

Town Meeting decided on Tuesday to further study a proposed bylaw aimed to prevent dog bites and excessive dog barking after voters expressed concern that the regulations were too restrictive to individual dog owners. [...]

Ultimately, the proposed bylaw failed, though voters OK’d the creation of a “Dog Regulation By-law Committee,” which will meet once per month and draft a bylaw for approval at Town Meeting in the fall.

The five-member committee will consist of the Animal Control Officer, one member of the Board of Selectmen, and three citizens-at-large.

Full article retrieved 5/2/12 from http://wareham-ma.villagesoup.com/news/story/dog-laws-postponed-for-fall-2012-town-meeting/818394

Massachusetts bill would prohibit municipalities from passing BSL

Massachusetts S.2184 now S.2192 is a bill that overhauls Massachusetts state animal laws. It includes the following clauses that would prohibit municipalities in MA from passing breed-specific laws:

New definition of “dangerous dog”: provided, however, that no dog shall be deemed dangerous . . . (ii) based upon the breed of such dog.

New section 157: No city or town shall regulate dogs in a manner that is specific to breed.

You can read the full text of the proposed bill here: http://www.malegislature.gov/Bills/187/Senate/S02192

S2184 S2192 has been moving slowly from House to Senate, changing bill number and gathering amendments, for over a year. It was engrossed by the Senate in late March and, due to Senate amendments, it now needs approval by the House again. It has moved to a House committee for consideration. We do not not know whether the bill would be retroactive (e.g. would force MA municipalities that currently have BSL to repeal those laws).

Massachusetts residents should contact their House representatives and voice your support for Senator Jehlen’s bill called ”An Act Further Regulating Municipal Animal Control.” Find your rep here: http://www.malegislature.gov/People/Search

Bill would revise outdated animal control laws

By Suzanne Snell / ssnell@wickedlocal.com
Beverly Citizen
Posted Apr 12, 2012 @ 02:17 PM

Beverly, Mass. — A new bill designed to update and improve animal control practices throughout Massachusetts is pending approval from the state House of Representatives after it passed through the Senate in late March.

[...] Sen. Patricia Jehlen, D-Somerville, sponsored the legislation — known as “An Act Further Regulating Municipal Animal Control” — as a way to revise animal control regulations in the state, some of which date back to the 1800s. [...]

Full article retrieved 4/27/12 from http://www.wickedlocal.com/beverly/news/x1830128051/Bill-would-revise-outdated-animal-control-laws?zc_p=0#axzz1tIkwA4gY

Malden, MA: Mayor asks council to amend proposal, remove BSL

Many thanks to Jo for keeping us apprised of the situation in Malden.

Malden mayor Christenson has sent proposed BSL back, unsigned, to the city council, along with an amendment that he would like the council to pass. The amendment would remove the breed-specific language, among other things.

The city website contains a description of the mayor’s decision, a letter from the mayor to council, and a link to the mayor’s proposed amendment.

From http://www.cityofmalden.org/

Mayor Submits Decision on Pit Bull Ordinance

Today, Mayor Christenson returned Paper 246, otherwise known as the “Pit Bull Ordinance,” to the City Council unsigned but with suggested changes. A copy of the Mayor’s letter to the City Council explaining his reasons for returning the Paper along with a copy of the Mayor’s proposed amendment can be found in the links below. Some of the highlights of the proposed amendment are as follows:

  • The amendment does not contain breed specific language but muzzling remains an option for dogs of all breeds;
  • A new section was established dealing with irresponsible dog owners;
  • There is also a new section called “Potentially Dangerous Dogs” that enhances Paper 246 which currently only deals with dogs that bite or have a known propensity to bite. This new section would serve as a preventive measure where the Animal Control Officer would be allowed to get at dogs ahead of when they might bite and eventually be deemed “dangerous or vicious;”
  • Expanded the definition of what a dangerous or vicious dog is to include a dog’s mannerisms and for dogs owned or trained for dog fighting;
  • There are provisions that address insurance and property owner notification that a potentially dangerous or dangerous or vicious dog resides at the property;
  • Signage requirements have been added for both potentially and dangerous or vicious dogs;
  • An “intimidation” provision has been added for both the irresponsible owner and aggressive dog;
  • New sections have been added to address both indoor and outdoor confinement which goes beyond the fencing provision contained in Paper 246; and
  • A licensing surcharge of $50 for dangerous or vicious dogs has been added and the penalty for non-compliance of the dangerous or vicious dog section has been increased to $300 per day.

The Office of Mayor Gary Christenson would like to thank all who have called, written or emailed over the past month so that their voice on this issue may be heard. We received much information on both the pros and cons of this Paper. This feedback was invaluable to our decision making process.

Click here to see the Mayor’s Letter to City Council on Paper 246

Click here to see the Mayor’s Proposed Amendment to City Council on Paper 246

The next council meeting is not until May. In the meantime, please respectfully correspond with city council and encourage them to pass the mayor’s amendment in lieu of the discriminatory and unenforceable ”pit bull”-only muzzle law. This is an excellent opportunity for Malden to distinguish itself from the pack of MA cities with failing BSL.

Contact info for Malden, MA city officials
200 Pleasant Street, Room 609, Malden, MA 02148
Email: citycouncil@cityofmalden.org
Telephone: (781) 397-7130 Fax: (781) 397-7004

Christenson sends pit bull law back to City Council

By Matt Byrne, Town Correspondent, Globe Staff
April 20, 2012

Malden Mayor Gary Christenson sent back to the City Council a controversial ordinance that would have required pit bulls to wear muzzles when outside their owners’ homes.

“The ordinance should be centered on how a dog behaves and not how a dog looks, as I believe this legislation suggests,” Christenson wrote in a letter to the council that outlined an amended version of the law. [..]

Full article retrieved 4/21/12 http://articles.boston.com/2012-04-20/yourtown/31375025_1_pit-bull-law-dangerous-dog-irresponsible-dog-owner

All alerts for Malden: http://stopbsl.com/?s=%22malden%2C+ma%22

Plymouth, MA: BSL repealed

Plymouth, MA, old city code considered all “pit bulls” to be dangerous animals. Dangerous animals could not be owned in Plymouth without a special permit, which was only issued if the owner met certain ownership requirements, such as special housing and liability insurance.

Plymouth has now repealed this breed-specific designation and has instituted a breed-neutral designation for identifying “vicious” dogs.

Old law

§ 23-21. Classification.
Dangerous or wild animals include the following: all poisonous animals, apes, baboons, bears, bison, cheetahs, crocodilians 24 inches or more, constrictor snakes 36 inches in length or more, coyotes, deer, elephants, game cocks and other fighting birds, hippopotami, hyenas, jaguars, leopards, lions, lynxes, monkeys, ostriches, piranha, pitbulls, pumas, rhinoceroses, sharks, tigers and wolves; provided, however, that the foregoing list is not deemed to be all-inclusive.

New law

From the Town Meeting Warrant for April 7, 2012 (Article 20, passed):

ARTICLE 20: To see if the Town will vote to amend the General Bylaws, Chapter 23, Animals, Article 1, Dog Control, as follows:

(1) By inserting in §23-1 the following new definition:

VICIOUS – - Dogs meeting the following descriptions, as determined by the Animal Control Officer, shall be considered vicious:

A. Any dog found to, without provocation, attack, threaten or terrorize any person on any public ground including streets and sidewalks.

B. Any dog with a history of attacking without provocation or has caused injury to any human being or domestic animal.

C. Any dog that bites, injures, assaults, or attacks a human being or domestic animal.

D. Any dog found to be involved or trained in dog fighting.

E. Provided, however, that notwithstanding the above criteria, no dog may be considered vicious for inflicting injury or damage to a person who:

i. is found to be willfully trespassing or in the process of any other tort offense on the property of the animal’s owner; or

ii. teases, torments, abuses, or assaults the dog.

(2) By amending §23-2 by deleting the text of §23-2(A) (4) and inserting in place thereof the following, “If found to be a vicious dog.”

(3) By amending §23-2 by deleting §23-2(A)(5) and renumbering the remaining content accordingly;

(4) And further, by amending §23-21, Classification, by deleting the word “pitbulls” and inserting, after the words “wolves” the following, “Any dog found to be vicious under Section 23-1 of the Town Bylaws.”

News Article

Plymouth Town Meeting nixes pitbull permits

By Emily Clark, Wicked Local Plymouth
Posted Apr 13, 2012 @ 08:00 AM

PLYMOUTH — Plymouth used to classify pitbulls as aggressive, requiring their owners to obtain a “wild animal” permit for the dog and buy a certain level of insurance.

But Town Meeting changed all that Monday night, voting to eliminate this permit process for pitbulls and to define vicious dogs as meeting certain criteria. The vote widens the net, including any aggressive dog as a candidate for a wild animal permit and other restrictive measures, not just pitbulls. [...]

Town Meeting struck down Hall’s motion to postpone the article and voted to implement the bylaw amendment. The vote was not unanimous, however, and Town Moderator Steven Triffletti asked the “no” votes to stand and be counted. There were 18 against the measure.

Full article retrieved 4/19/12 from http://www.wickedlocal.com/plymouth/news/x898664872/Plymouth-Town-Meeting-nixes-pitbull-permits#axzz1sSDFQB5d

Malden, MA: Mayor wants public input before signing BSL

Residents and locals, please contact Malden Mayor Gary Christenson and respectfully request that he veto the breed-specific muzzle law that city council has passed.

In your correspondence to the mayor, please emphasize why BSL is wrong (ineffective, expensive, subjective) and offer breed-neutral solutions (enforcement of existing leash laws is an obvious one). Please remain logical, respectful, and helpful in your correspondence! Remember, this isn’t about you, your perfect dog, or your feelings—this is about a guy who wants to make good choices for the community he governs. Praise him for taking the time to consider your information, then help him see that a veto is the best choice. Do NOT attack him, do NOT be rude—you want and need him to listen to you!

This is the FINAL opportunity to stop BSL from passing in Malden.

Mayor’s Office, 200 Pleasant Street, Room 629, Malden, MA 02148
Telephone: 781-397-7000 Fax: 781-397-7073
mayor@cityofmalden.org

Mayor Mulls Possible Muzzle Law Veto

By Chris Caesar

Mayor Gary Christenson said he had not decided whether he will sign an ordinance muzzling pit bulls in the city Tuesday night, an indication he may consider vetoing the now city council-approved ordinance.

“Now that the bill has been passed by the City Council, I will review the proposal and ensure both sides have a chance to comment before deciding,” he said. [...]

Opponents say vigilant enforcement of already existing leash laws would’ve prevented these attacks, all of which were committed by off-leash animals. Councilor Barbara Murphy said provisions requiring muzzled dogs on unfenced private property were intrusive. [...]

Full article retrieved 4/11/12 from http://malden.patch.com/articles/mayor-mulls-possible-muzzle-law-veto

All alerts for Malden: http://stopbsl.com/?s=%22malden%2C+ma%22

Malden, MA reminder: Council to hold final vote on BSL, April 10

Malden, MA, city council will hold a final vote on previously-approved BSL during a Committee of the Whole meeting on April 10 at 7:00 PM in council chambers. If it passes the final vote, it goes to the mayor for approval or veto.

The public may not speak during Committee of the Whole meetings; however, there should be opportunities to speak with council members before the meeting.

The ordinance may be read here: http://stopbsl.files.wordpress.com/2012/04/maldendangerousdogs_4_5_12.pdf

Contact info for Malden, MA city officials 200 Pleasant Street, Room 609, Malden, MA 02148 Email: citycouncil@cityofmalden.org Telephone: (781) 397-7130 Fax: (781) 397-7004

All alerts for Malden: http://stopbsl.com/?s=malden

Malden, MA: BSL passed

Last night, Malden, MA city council passed a complicated and no doubt virtually unenforceable “compromise” ordinance that is breed-specific. According to the article below, the ordinance requires visiting and newly obtained ”pit bulls” to wear muzzles whenever they are outside (including on private property), but registered “pit bulls” will be grandfathered in and will not have to wear muzzles.

Read the draft that passed: maldendangerousdogs_4_5_12

Per the city clerk, the council will have ONE MORE VOTE on this proposal before it goes to the mayor and becomes official.

The exception adds a significant layer of work for animal control officers, who will now not only have to figure out whether a dog is a “pit bull,” but also determine whether the dog is grandfathered in. City visitors and new residents will be disproportionately targeted by the ordinance. We foresee a lot of appeals and challenges, and expect enforcement to be extremely time-consuming and expensive.

The ordinance further makes no sense at all, considering the council’s purported goals. The ordinance was proposed in response to several alleged “pit bull” incidents. But let’s think rationally for a moment about what type of person and dog the new ordinance targets. The muzzle requirement applies to dog owners who have gone outdoors with a visiting or newly-obtained “pit bull.” This, according to city council, is necessary for the safety of the public.

I wonder how many of Malden’s dog bites actually involved a visiting or newly-obtained “pit bull,” outside, leashed—and lacking only a muzzle. I’m willing to bet that this describes none of the dog bites that occurred in Malden. The ordinance doesn’t address any of the circumstances that actually lead to a dog bite.

Therefore, we expect that the ordinance will not only be expensive and difficult to enforce, it will have no effect on public safety whatsoever.

According to Councilor Barbara Murphy, all of the reported dog bite incidents in Malden involved off-leash dogs, in violation of the leash law. She voted against the proposed BSL, smartly suggesting that the city focus on enforcement of existing laws.

We are working to request the new ordinance from the city clerk and will post the text when we receive it.

Contact info for Malden, MA city officials
200 Pleasant Street, Room 609, Malden, MA 02148
Email: citycouncil@cityofmalden.org
Telephone: (781) 397-7130 Fax: (781) 397-7004

All alerts for Malden: http://stopbsl.com/?s=malden

City To Require Muzzles on Some Pit Bulls

Residents with registered pit bulls and pit bull-mixes will be grandfathered an exemption from the new rules, which require the breed to be muzzled at all times while outdoors – including on private property without enclosed fencing.

By Chris Caesar 5:45 am

[...] Thanks to the deal, current residents with registered pit bulls – both purebred or mixed-breed – will receive an exemption from a new “dangerous dog” law, as well as an “exemption tag” the dog must wear at all times.

Thereafter, the city will require all new and visiting pit bulls be muzzled while outdoors, unless they are confined in a fenced-in area on private property. [...]

Councilor Barbara Murphy, who voted against the ordinance, noted that all of the dog bite incidents reported to the city involved an off-leash dog, arguing the city should work on enforcing laws already on the books to protect citizens from dangerous dogs. [...]

Full article retrieved 4/4/12 from http://malden.patch.com/articles/city-will-require-muzzles-on-some-pit-bulls