1 of 1 SENATE DOCKET, NO. 2136 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 1056 The Commonwealth of Massachusetts _________________ PRESENTED BY: Mark C. Montigny _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to improving enforcement for tethering violations. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthJack Patrick Lewis7th Middlesex1/26/2023 1 of 3 SENATE DOCKET, NO. 2136 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 1056 By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1056) of Mark C. Montigny and Jack Patrick Lewis for legislation to improve enforcement for tethering violations. The Judiciary. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 1099 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to improving enforcement for tethering violations. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 174E of chapter 140 of the General Laws, as appearing in the 2020 2Official Edition is hereby amended by striking in paragraph (a) the first and second sentences 3and replace with:- 4 (a) No person owning or keeping a dog shall chain, confine, or tether a dog outside and 5unattended (1) for longer than 5 hours or (2) outside from 10:00 p.m. to 6:00 a.m. 6 “Outside and unattended,” for the purposes of this section, shall mean any dog who is 7exposed to the elements for a duration of longer than 15 minutes and not in visual range and 8physical presence of the owner. This expressly includes, but is not limited to, a dog in a securely 2 of 3 9fenced-in yard, a dog in a kennel, or a dog tethered. For purposes of this section a dog shall be 10considered “outside” regardless of access to an outdoor doghouse or similar structure. 11 No person owning or keeping a dog shall tether, confine or chain a dog in a manner that 12allows the dog to leave the owner's, guardian's or keeper's property. 13 SECTION 2. Section 174E of chapter 140 is hereby further amended by inserting after 14the word “chains”, in line 7, the following words:- , pinch collars, choke collars, 15 SECTION 3. Section 174E of chapter 140 is hereby further amended by striking out, in 16line 7, the words “lines or” 17 SECTION 4. Section 174E of chapter 140 is hereby further amended by inserting after 18the word “feet”, in line 19, the following words:- per dog 19 SECTION 5. Section 174E of chapter 140 is hereby further amended by striking out, in 20lines 35-37, the words “provided, however, that a choke collar and a pinch collar shall not be 21used to tether a dog to a cable run;” 22 SECTION 6. Section 174E of chapter 140 is hereby further amended by striking out the 23words “in accordance with subsection (b)”, in lines 52-53, and inserting in place thereof the 24following words:- and unattended 25 SECTION 7. Section 174E of chapter 140 is hereby further amended by striking out in 26paragraph (c) the third sentence and inserting in place thereof the following sentence:- The 27entrance to the shelter shall allow the dog's entry and exit, and in adverse weather have a flap or 28other mechanism sturdy enough to block entry of weather elements. 3 of 3 29 SECTION 8. Section 174E of chapter 140 is hereby further amended by inserting after 30the word “outside”, in line 64, the following words:- and unattended 31 SECTION 9. Section 174E of chapter 140 is hereby further amended by striking out, in 32lines 69-70, the words “, unless the tethering is for not more than 15 minutes” 33 SECTION 10. Section 174E of chapter 140 is hereby further amended by striking out, in 34line 90, the word “and” and inserting in place thereof the following word:- or