In addition to any member of the public, the Chief of Police, any animal control officer, the Commissioner of Inspectional Services or any inspector under his or her supervision, or any other city officer or employee as may be designated by the City Manager may initiate the complaint and hearing procedures of section 157(d) of chapter 140 of the General Laws relative to declaring dogs nuisance dogs or dangerous dogs. (Chapter 8, § 12, Revised Ordinances of 2008)
"Dangerous dog," 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 or owned animal. (M.G.L. Chapter 140, § 136A)
"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. (M.G.L. Chapter 140, § 136A)
No dog shall be deemed dangerous:
- solely based upon growling or barking;
- based upon the breed of the dog; or
- if the dog was reacting to another animal or person and the dog's reaction was not grossly disproportionate to any of the circumstances outlined in M.G.L. Chapter 140, Section 157.