Section 82. A person owning, keeping or possessing a dog shall not allow, permit or consent to such dog chasing, hunting, molesting, attacking or killing a deer. The director is hereby authorized to issue an order to restrain all dogs from running at large in any city or town where, in his opinion, such a restraining order is necessary to prevent dogs from chasing, hunting, molesting, attacking or killing deer. Any such order shall be in effect forty-eight hours after publication in one or more newspapers circulated in such city or town. When, in his opinion, the director determines that such restraining order is no longer necessary, he shall, by like publication, rescind such order. A person owning, keeping or possessing a dog shall restrain it from running at large in any city or town in which such a restraining order is in effect. The director of law enforcement, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and members of the state police in areas over which they have jurisdiction may destroy any such dog found chasing, hunting, molesting, attacking or killing a deer, without any liability on his part. During any period when no such order is in force, the director of law enforcement, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and members of the state police in areas over which they have jurisdiction may destroy any dog found chasing or hunting a deer if the dog is so chasing or hunting with the knowledge or consent of the owner. Whenever a dog has been found chasing, hunting, molesting, attacking or killing a deer and the owner or keeper of the dog has been so notified by the director, and the same dog is thereafter found so chasing, hunting, molesting, attacking or killing, it shall be prima facie evidence that such chasing, hunting, molesting, attacking or killing was with the knowledge or consent of the owner or keeper.

Terms Used In Massachusetts General Laws ch. 131 sec. 82

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.