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16-1.9B.2   Dangerous Dogs.
   (A)   (1)   A person may file a complaint in writing to the Hearing Authority of the Animal Care and Control Unit of the Parks and Recreation Department that a dog owned or kept in the city is a dangerous dog; provided, however that no dog shall be deemed dangerous:
         (a)   Solely based on growling or barking or solely growling and barking;
         (b)   Based upon the breed of the dog; or
         (c)   If the dog was reacting to another animal or to a person and the dog’s reaction was not grossly disproportionate to any of the following circumstances:
            1.   The dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault;
            2.   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;
            3.   The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or
            4.   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 seven, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing.
      (2)   The Hearing Authority of the Animal Care and Control Unit shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing to determine whether the dog is a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall, 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.
      (3)   If the Hearing Authority of the Animal Care and Control Unit deems a dog a dangerous dog, the hearing authority shall order one or more of the following:
         (a)   Spay or neutering;
         (b)   Microchip identification; and/or
         (c)   Behavior training.
      (4)   Pursuant to M.G.L. Chapter 140, Section 157(c), the Hearing Authority of the Animal Care and Control Unit shall neither issue an order directing that a dog deemed dangerous shall be removed from the city, nor regulate dogs in a manner that is specific to breed.
   (B)   (1)   Once a dog has been deemed dangerous by the Hearing Authority of the Animal Care and Control Unit of the Parks and Recreation Department, while on the owner’s or keeper’s property, said dangerous dog must be securely confined indoors or in a securely enclosed and locked pen or structure of a type meeting standards established by the Hearing Authority of the Animal Care and Control Unit, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have a minimum dimension of 5 feet by 10 feet and must be securely enclosed. If it has no bottom secured to the sides, the sides must be imbedded in the ground no less than 2 feet. The enclosure must also provide protection from the elements for the dog.
      (2)   The owner or keeper shall display a sign or signs on his or her premises facing out from all sides of the premises warning that there is a dangerous dog on the property and location and design of which shall be determined by the Hearing Authority of the Animal Care and Control Unit. This sign should be visible and capable of being read from a public way or within 20 feet of its placement. In addition, the owner shall conspicuously display a sign with a symbol warning those who cannot read of the presence of a dangerous dog.
      (3)   The Hearing Authority of the Animal Care and Control Unit may permit a dangerous dog to be off the owner’s or keeper’s premises if it is muzzled and restrained by a leash or chain approved by the Hearing Authority of the Animal Care and Control Unit not exceeding 3 feet in length and is under the control of an adult, able-bodied person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. No dog designated as dangerous shall be permitted at public festivals, carnivals, parades or similar events, without an event specific waiver from the Hearing Authority of the Animal Care and Control Unit.
      (4)   The provisions of this Section regarding dangerous dogs shall not apply to animals owned by Law Enforcement Agencies and used for law enforcement purposes.
   (C)   The owner or keeper of any dangerous dog who fails to comply with the requirements set forth in division (B) above shall be subject to a fine of $500 for a first offense, a fine of $1,000 for any subsequent offenses and all provisions set forth in M.G.L. Chapter 140, Section 157(h).
   (D)   Each day there exists a violation of any of the provisions of this Section shall constitute and be punishable as a separate offense.
   (E)   A dog shall not be considered legally licensed, pursuant to M.G.L. Chapter 140, Sections 137 and 147, unless the owner is in full compliance with this Section.
   (F)   Compliance with the requirements of this Section shall not be a defense to an order to euthanize a dangerous dog pursuant to M.G.L. Chapter 140, Section 157.
   (G)   The city’s Animal Control Officer shall be required to record the breed of any dog quarantined because of biting a human being or other animal. On October 1 of each year, the Animal Control Officer shall deliver to members of the Boston City Council a report on the breeds of dogs that have bitten human beings or other animals during the previous year.
(CBC 1985 16-1.9B.2; Ord. 1996 c. 8 § 1; Ord. 2000 c. 4 § 1; Ord. 2014 c. 15 §§ 5, 6, 8; Ord. 2019 c. 4 § 3) Penalty, see Subsection 16-32.6
16-1.9C   Dog Registration and Licensing.
   (A)   All the powers and duties associated with dog registration and licensing in the city pursuant to M.G.L. Chapter 140 heretofore exercised by the Inspectional Services Department are hereby transferred to the Animal Care and Control Unit of the Parks and Recreation Department. All employees and positions within the Animal Care and Control Unit of the Inspectional Services Department shall be transferred to and within the Animal Care and Control Unit of the Parks and Recreation Department. Each subject employee who immediately prior to such transfer held an Office or position subject to Civil Service Laws and Rules shall be appointed without examination or registration and shall upon such appointment retain all rights to retirement with pension that shall or would have accrued, and each such employee’s service shall be deemed to be continuous to the same extent as if this transfer had not taken place.
   (B)   Pursuant to M.G.L. Chapter 140, Section 137, all dogs six months of age and older in the city must be registered and licensed annually with the Animal Care and Control Unit as established by Section 7-9.
(CBC 1985 16-1.9C; Ord. 1996 c. 8 § 6; Ord. 2000 c. 4 § 6; Ord. 2008 c. 6 § 1; Ord. 2014 c. 15 § 9; Ord. 2019 c. 4 § 4) Penalty, see Subsection 16-32.6
16-1.9D   Disposition of Fines.
   Fines collected pursuant to the provisions of this Subsection and Subsection 16-1.9A and all dog registration and licensing fees collected pursuant to Subsection 18-1.4(F) through (J) shall be deposited into a revolving fund within the Animal Care and Control Unit of the Parks and Recreation Department with disbursement at the direction of the Commissioner of Park and Recreation, pursuant to the provisions of M.G.L. Chapter 44, Section 53E½, and shall be subject to annual authorization by the Boston City Council with the approval of the Mayor. Said fund shall be utilized as follows: to reimburse for administrative costs to those City Agencies which enforce this Subsection and Subsection 16-1.9 and for costs associated with licensing and registration. The total amount which may be expended from such fund in a fiscal year shall not exceed amounts authorized under the aforesaid Section 53E½.
(CBC 1985 16-1.9D; Ord. 1996 c. 8 § 2; Ord. 2014 c. 15 § 10; Ord. 2019 c. 4 §§ 5, 6)
16-1.9E   Reserved.
   [Reserved]
   (CBC 1985 16-1.9E; Ord. 2004 c. 4 § 1; Repealed by Ord. 2014 c. 15 § 11)
16-1.9F   Leasing of Licensed Dogs.
16-1.9F.1   Purpose.
   (A)   The purpose of dog licensing is to foster owner accountability by ensuring that each dog is traceable to its owner. By requiring a dog to be licensed, liability for a dog’s actions can easily be established and owners are responsible for ensuring the safety of the pet and others. This is especially important given that M.G.L. Chapter 140, Section 155 imposes strict liability upon the owner or keeper of a dog that causes bodily harm or property damage. Pursuant to M.G.L. Chapter 140, Section 173 and in order to advance the purposes of dog owner accountability, the city has the power to further regulate dog licensing. It is the intent of this Section to protect and preserve public health, safety and wellness by prohibiting the leasing of licensed dogs. The city has a duty to monitor and regulate dog ownership via licensure. Allowing a licensed dog to be rented would create instability and uncertainty regarding the care and treatment of the animal, presumably resulting in aggressive and vicious conduct towards the lessee and public.
   (B)   The Animal Care and Control Unit shall have the authority to promulgate rules and regulations necessary to enforce this Subsection.
(CBC 1985 16-1.9F.1; Ord. 2008 c. 6 § 2; Ord. 2019 c. 4 §§ 7, 8)
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