The Dangerous Dog Ordinance

Chapter 6.04 – ANIMAL CONTROL REGULATIONS

6.04.120 – Violation - Penalty Pursuant to G.L. c. 140, § 173A, any person who violates any of the provisions of Sections 6.04.020, 6.04.030, 6.04.040, 6.04.050, 6.04.070, 6.04.080 or 6.04.090 of this chapter shall be subject to a fine not exceeding fifty dollars for the first offense. The fine for a second offense shall be $100. The fine for a third offense shall be $300. For a fourth or subsequent offense, the fine shall be $500 and the City may order the animal spayed or neutered. Any person who violates any of the provisions of Section 6.04.020 of this chapter shall be subject to a fine of fifty dollars for each offense. In addition, for a violation of Section 6.04.030 a person shall be subject to any and all costs of care and confinement, and any other amounts allowed by law. A violation of Section 6.04.060 of this chapter shall be punishable by a fine of not more than one hundred dollars for each offense. ;hno; (Ord. No. 1373, 10/19/2015; Ord. 1125 § 1, 1991: Ord. 998 (part), 1983: prior code § 4-6)

Chapter 6.08 – ANIMALS CONSTITUTING A NUISANCE

6.08.010 – Regulation of dangerous dogs A. Definitions. As used in this section, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent: 1. “Potentially dangerous dog” means: a. Any dog which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places; or b.

Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or animals; or c. Any dog whose owner has been cited on three separate occasions within the previous twelve months for failing to restrain said dog; or d. Any dog not licensed according to City ordinance as provided in Section 6.04.020. e.

Notwithstanding the above definition of “potentially dangerous dog,” the Director of Animal Commission or their designee are not mandated to find a dog “potentially dangerous” solely based on determining subsection a though d are present. 2. “Dangerous dog” means a.

A dog that either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic animal; or b.

Any dog having been previously found to be potentially dangerous which, when unprovoked, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places; or c. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting. d. Notwithstanding the above definition of "dangerous dog," e.

No dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or person and the dog’s reaction was not grossly disproportionate to any of the following circumstances: i. the dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; ii. the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog; or iii. the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or iv. at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing.

3. “Enclosure” means a fence or structure of at least six feet in height, forming or causing an enclosure to confine a dangerous dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the dangerous dog. Such enclosure shall be securely constructed and locked and designed with secure sides, top and bottom so as to prevent the animal from escaping from the enclosure. 4. Hearing Authority means the Director of the Animal Commission or their duly authorized designee. 5.

“Impounded” means taken into the custody of the Animal Commission.

6. 'Nuisance dog'', a dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances. 7.

“Person” means a natural person or any legal entity, including but not limited to a corporation, firm, partnership or trust. 8. “Enforcing Authority” means the Director of the Animal Commission or their duly authorized designee. B. Determination that Dog is Dangerous. 1. A person may file a complaint in writing to the City’s hearing authority that a dog owned and kept in the City is a nuisance dog or a dangerous dog, consistent with the definitions above. 2.

The Director of the Animal Commission, or their duly authorized designee, shall review and investigate any complaints for dangerous, potentially dangerous or nuisance dogs. 3. Pursuant to M.G. L. c. 140, §157, the Hearing Authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or dangerous dog.

Based on credible evidence and testimony presented at a public hearing, the hearing authority shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a nuisance dog; or (C) deem the dog a dangerous dog. 4.

If the Hearing Authority deems a dog a nuisance dog, the hearing authority may further order the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior. 5.