a) 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 of Boston is a dangerous dog; provided, however that no dog shall be deemed dangerous:
i. Solely based on 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 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 (7), it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog, or trespassing.
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:
i. 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.
If the Hearing Authority of the Animal Care and Control Unit deems a dog a dangerous dog, the hearing authority shall order one (1) or more of the following:
i. Spay or neutering
ii. Microchip Identification
iii. Behavior Training.
Pursuant to M.G.L. c. 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 of Boston, nor regulate dogs in a manner that is specific to breed.
b) 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 five feet (5') by ten feet (10') 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 two feet (2'). The enclosure must also provide protection from the elements for the dog.
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 twenty feet (20') 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.
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 three feet (3') 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.
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 paragraph (b) shall be subject to a fine of five hundred ($500.00) dollars for a first offense, a fine of one thousand ($1,000.00) dollars for any subsequent offenses, and all provisions set forth in M.G.L. c 140, §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. c. 140, §§ 137, 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. c. 140, §157.
g) The City of Boston 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 1st of each year the Animal Control Officer shall deliver to members of the City Council a report on the breeds of dogs that have bitten human beings or other animals during the previous year.
(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