By Patrick Kuklinski
What are the dog laws in Massachusetts? Does Massachusetts have dog laws? If you live in this state, you might be wondering what the law says about issues like rabies vaccination, dog bites, dog cruelty, and dog chains.
Read on for more information about dog laws in Massachusetts.
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All dogs over six months of age residing in Massachusetts must receive a rabies vaccination. This vaccine must be performed by or supervised by a licensed veterinarian. After their first vaccination, dogs must be vaccinated either annually or triannually depending on the vaccination they receive.
If an unvaccinated dog bites a person, they will be considered as a potential rabies carrier. It is legal for them to subsequently be euthanized with no hold in order to test for rabies. While this is a sad outcome, it is avoidable by staying up to date on your pet’s vaccines. Vaccinated dogs will have a ten-day quarantine, which is often performed by allowing the dog to stay contained in the owner’s home.
Regarding dog bite incidents, Massachusetts is a strict liability state. That means the dog’s owner is responsible for any harm their dog does to people or property, and the victim does not have to prove negligence by the dog’s owner to receive compensation.
There are cases where dogs will not be considered aggressors in attacks, even if previously proven to be dangerous. Dog owners are not responsible for attacks in which the dog was provoked or protecting the owner. This could include yelling at, hitting, or throwing objects at the dog. Additionally, if you were trespassing on private property and then were attacked by an otherwise contained dog, the dog’s owner would not be liable.
Additionally, in some cases, there may be a “common sense” prohibition on finding a dog owner liable. For example, most people know to leave an eating dog or a mother with puppies alone. Bothering an animal when you could predict aggressive behavior will not always result in liability for the owner.
A dangerous dog, particularly a repeat offender, may be euthanized if this is determined to be in the best interest of the safety of the community. After one documented bite, a dog is considered vicious in the state of Massachusetts. This means that subsequent bites may lead to euthanasia. Additionally, a severe enough attack could lead the court to determine euthanasia is the best course of action even for a first offender.
Massachusetts’s animal abandonment laws mainly are in place for situations such as abandoning a pet in the custody of another (boarding kennel, veterinarian, petsitter) and either not returning for them or not getting consent in the first place. While the law is intended for these situations, abandoning your dog in the custody of no one (such as on the side of the road) could still be classified as animal cruelty, as you are leaving the animal without the things they need for survival.
There are rarely charges for animal abandonment in Massachusetts, but if animal cruelty is proven, the defendant could be charged with a misdemeanor. This could lead to jail time or a fine (more likely, a fine).
Massachusetts law determines that when an owner abandons an animal, they relinquish all rights to them. However, the old owner may still be responsible for costs of care in cases such as abandonment at a boarding kennel.
Massachusetts has a wide range of defined actions that are viewed as animal cruelty. Of course, it is illegal to hit, kick, beat, or otherwise inflict physical pain or suffering on a dog unless in the case of self defense or an otherwise justifiable action. It’s also considered animal cruelty to deprive a dog of things that one could reasonably assume they need — food, water, shelter, exercise, vet care.
Animal cruelty in Massachusetts is most commonly associated with a misdemeanor charge. However, Massachusetts considers it aggravated cruelty to kill or seriously injure a pet on purpose and in a sadistic manner, or with the intention of causing extreme pain. Aggravated animal cruelty is a felony charge, not a misdemeanor.
As in the other 49 states, dogfighting is a felony in Massachusetts. This doesn’t apply only to those directly fighting their animals. Charges can also occur for those betting on or attending dogfights in Massachusetts. It’s also illegal to train dogs for the intent of fighting, even if you aren’t directly participating in dogfights.
Tethering or chaining a dog is legal in Massachusetts. However, Massachusetts has regulations in place intended to protect tethered dogs from harm. Breaking Massachusetts’s tethering laws is illegal, and could result in an animal cruelty charge in severe cases. Massachusetts’s tethering laws also restrict tethering between certain hours, mainly to prevent disturbances or noise complaints. Additionally, some counties in Massachusetts have stricter tethering laws than the state itself, so research your specific area’s ordinances before you tether.
The Animal Legal Defense Fund ranks Massachusetts number 8 out of all 50 US States for animal protection laws. This makes Massachusetts a “top-tier” state by their standards! Why does Mass rank so high? Overall, this state’s animal protection laws are well-developed. There are felony provisions for cruelty, neglect, fighting, abandonment, and sexual assault. Additionally, there is mandatory post-conviction forfeiture, meaning animal cruelty offenders cannot keep their pets.
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