A communication transmitted from Yi-An Huang, City Manager, relative to Policy Order 2024-33, regarding a request to amend Cambridge Code of Ordinances 6.08.010 ("Regulation of vicious dogs") to bring into compliance with State law; and to create a "Kennel License" the complies with Massachusetts General Laws Section 137A

Megan B. Bayer Assistant City Solicitors Paul S. Kawai City Solicitor STEVIES Sean M. McKendry Elliott J. Veloso Diane O. Pires Deputy City Solicitor Sydney M. Wright Evan C. Bjorklund Kate M. Kleimola Franziskus Lepionka Andrea Carrillo-Rhoads First Assistant City Solicitor CITY OF CAMBRIDGE Public Records Access Officer Seah Levy Office of the City Solicitor 795 Massachusetts Avenue Cambridge, Massachusetts 02139 June 23, 2025 Yi-An Huang City Manager Cambridge City Hall 795 Massachusetts Avenue Cambridge, MA 02139 Re: Response to Policy Order 24-33 of March 18, 2024, requesting that the City Manager work with the Animal Commission, the Law Department, and any other City departments, to amend Cambridge Code of Ordinances S 6.08.010 (Regulation of vicious dogs") to bring into compliance with State law; and to work with the Animal Commission, the Law Department, and any other City departments, to create a "Kennel License" that complies with Massachusetts General Laws Section 137A. Dear Mr. Huang: I write in response to the above-referenced City Council policy order (Council Order"), requesting the Law Department, Animal Commission, and any other City departments amend Section 6.08.010 of the Cambridge Municipal Code (the "Vicious Dog Ordinance") to bring it into compliance with State law; and for the Law Department, Animal Commission, and other City departments create a "Kennel License" that complies with state law. As discussed further below, attached are redline edits to the current Vicious Dog Ordinance (Exhibit I), including proposed edits to Section 6.04.120 - Violation - Penalty, as well as a clean copy (Exhibit 2), and the draft Kennel Licensing Ordinance (Exhibit 3). I. Vicious Dog Ordinance The City Council wishes to bring the City's Vicious Dog Ordinance into compliance with state law. Section 6.08.010 of the Municipal Code was last updated in 1989. State law, G.L. c. 140, § 157 pertaining to dangerous dogs was last updated in 2012. While the Vicious Dog Ordinance is predominately in line with the state law, some changes are necessary to bring it in compliance with state law since it was last amended in 2012. The attached proposed changes relate to definitions, fine amounts, hearing procedures, and outlining what the City can do, through its Hearing Authority, once a dog is determined to be vicious or potentially vicious. Facsimile [phone removed] Telephone [phone removed] TTY/TTD [phone removed]

The proposed edits to the definitions in the current ordinance bring the Vicious Dog Ordinance definitions in line with the State's definitions as outlined in G.L. c. 140, § 136A. The Vicious Dog Ordinance fee amounts are also outdated, and therefore the fines have been updated to be consistent with G.L. c. 140, § 157A as they relate to non-compliance of a dog owner or keeper, as well as to the transferring ownership or selling of dangerous dogs. The edits also provide for a more detailed process for hearings in making dangerous dog determinations, as well as outlining what the Hearing Authority (Director of the Animal Commission or their designee) can order once a determination is made that a dog is a dangerous dog. The proposed edits bring the City's options in line with what is outlined in the State's law under G.L. c. 140, § 157. Generally, G.L. c. 140, § 157 provides protection for both animals and people. When enacting local laws, a municipality cannot adopt ordinances that are inconsistent with State laws. Boston Gas Co. v. Somerville, 420 Mass. 702, 703 (1995). In evaluating the City's Vicious Dog Ordinance compared to the current state law, the state law provides minimum requirements and, therefore, the City's Vicious Dog Ordinance can provide more protection than required by state law, but not less. Here, the statute does not explicitly preempt local law, and as enacted, we cannot infer that the Legislature intended to preempt the field because the legislation on the subject is not so comprehensive that any local enactment would frustrate the statute's purpose. Wendell v. Attorney Gen., 394 Mass. 518, 527-528, 476 N.E.2d 585 (1985). Here, G.L. c. 140, § 157 does not limit municipalities from providing more protection than outlined under state law. Therefore, the City's "potentially dangerous dog" definition is consistent with the state law and provides further protections to the public. The Vicious Dog Ordinance provides the owner with an avenue to have reviewed any determination that their dog is "potentially vicious", which is consistent with the state law providing owners or keepers of dogs with protections as well. Now that the City's Vicious Dog Ordinance is in line with state law, and mirrors several of its provisions, our recommendation is to replace the terms "vicious dog" with "dangerous dog", and "potentially vicious dog" with "potentially dangerous dog". Il. Kennel License Ordinance On September 20, 2024, an Act to Increase Kennel Safety (A/K/A Ollie's Law) was signed by Governor Maura Healey. General Laws c. 140, 8 137A governs Kennel Licensing Requirements in Massachusetts, and Ollie's Law amended Section 137A with the following key changes: • Commercial boarding or training kennels shall maintain records of individual dog licenses for all dogs in their care that are required to be licensed under G.L. c. 140, § 137. • All dogs over 6 months of age must wear rabies tags at all times and individual dog license tags (when required under G.L. c. 140, § 137). • All municipalities must have a process for issuing and revoking kennel licenses. A municipality cannot choose to not issue kennel licenses, if kennels (by definition) are allowed in the municipality. • A licensing authority must specify the type of kennel license and the maximum number of animals allowed in a kennel and this number must be on their kennel 2

license. The maximum number of animals must be determined by the Animal Control Officer (ACO) and the licensing authority. • There is new language for the process for revoking commercial boarding and training kennel licenses for noncompliance. Under this change, the licensing authority shall issue, suspend, renew, and revoke kennel licenses. The issuing municipality determines the licensing period. • There is new language providing that a kennel license cannot be issued until a passing kennel inspection has been completed by the ACO. The ACO is also required to inspect prior to license renewal. All kennels must be inspected at least annually. • Commercial boarding or training kennels shall report to the licensing authority any injuries to animals or people that occur on their premises and the licensing authority shall investigate all reports. Under the new law, the Massachusetts Department of Agricultural Resources (MDAR) has the authority to assist with investigations and enforcement when necessary. • All municipalities are required to submit to MDAR a list of kennels and their addresses for compliance review. • Under G.L. c. 140, § 174G, regulations for commercial boarding and training kennels need to be promulgated by the state (MDAR) by June 2026. Until those regulations are promulgated, there will not be specific standards that govern commercial boarding and training facilities.! However, they are still required to be inspected just as all other kennels are. The City of Cambridge does not currently have a Kennel License Ordinance. The attached Exhibit 3 is the draft Kennel License Ordinance, proposed as Section 6.04.020A, which is in line with the state's Kennel Licensing requirements. Currently the following is Ollie Law's Timeline: Bill signed September 20, 2024 Law takes effect December 19, 2024 Committee formed March 19, 2025 Municipalities must send kennel list to MDAR by June 1, 20252 MDAR reports to Legislature July 1, 2025 June 2026 Regulations Completed by Committee sunsets December 31, 2026 As such, this proposed Kennel Licensing Ordinance may need to be amended once the Regulations are completed and promulgated, which should occur by June 2026. ' Once the MDAR promulgates the regulations, the MDAR is required to provide notice and any education or training programs to local authorities. 2 The City's Animal Commission has been reporting to the State the status, address and number of kennels operating in Cambridge, and will continue to provide updates to the State including when the actual licenses are obtained. 3

For the reasons above, the City Council should consider amending the Vicious Dog Ordinance, and fees for violations (Exhibit 2), and adopting a Kennel Licensing Ordinance (Exhibit 3). Very Truly Yours, Megan B. Bayer City Solicitor Enclosure