§ 4-36. Dangerous and potentially dangerous dogs and cats.

(a)

Procedure for determining a potentially dangerous or dangerous dog or cat. Based upon receipt of a written complaint by a citizen requesting a determination that a dog or cat is potentially dangerous or dangerous, or on the initiative of an animal control officer based on information received, such officer or the chief of police may make an investigation and determination that a dog or cat is potentially dangerous or dangerous. The investigation and determination shall be in accordance with the provisions of this article and shall be consistent with the procedures delineated in M.G.L.A. c. 140, § 157.

(b)

[Determination of potential danger or danger.] When a dog or cat is determined to be potentially dangerous or dangerous, the chief of police may order any or all of the following:

(1)

Spaying or neutering;

(2)

Microchip identification, tattooing or other means of permanent identification;

(3)

Behavior training and behavioral assessment; and

(4)

Any other order concerning the keeping, restraint, removal from the city, humane euthanasia, or disposal; of such dog or cat as may be deemed necessary, in accordance with M.G.L.A. c. 140, § 157.

Such orders may include:

(i)

Requirements at home for dogs or cats that have been determined to be potentially dangerous or dangerous. While on the owner's or keeper's property, a dog or cat that has been determined to be potentially dangerous or dangerous may be ordered securely confined indoors or in a security-enclosed and locked pen or structure of a type meeting standards established by the animal control officer, suitable to prevent the entry of young children and designed to prevent the dog or cat from escaping. Such pen or structure must have a minimum dimension of 12 feet by 12 feet by six feet high, with a solid floor to prevent the dog or cat from digging out and a top to prevent the dog or cat from climbing out. If the pen has no solid floor secured to the sides, the sides must be embedded into the ground no less than two feet to prevent the dog or cat from digging out. The enclosure must provide the dog or cat with adequate shelter from the elements of nature. The owner shall conspicuously display a sign with a symbol warning children who cannot read of the presence of a dangerous dog or cat.

(ii)

Requirements outside of the home for dogs or cats that have been determined to be potentially dangerous or dangerous. While off the owner's or keeper's premises, a dog or cat that has been determined to be potentially dangerous or dangerous must be restrained by a lead approved by the animal control officer not exceeding six feet in length and must be under the direct physical control of a responsible, able-bodied adult. No dog or cat designated as a potentially dangerous or dangerous dog or cat shall be permitted at public festivals, carnivals, parades or similar events. The dog or cat may be required while at large to wear a muzzle designed to prevent the dog or cat from biting. The muzzle must prevent injury to the dog or cat and must not interfere with the dog's or cat's vision or respiration.

The owner or keeper of a dog or cat that has been determined to be potentially dangerous or dangerous must immediately notify the animal control officer if the dog or cat (a) is loose or unconfined, (b) bites a person or attacks another animal, (c) is sold, given away or dies, (d) has been moved to another address, and the location of the new address.

(c)

Exemptions. No dog or cat may be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog or cat, or was teasing, tormenting, abusing, or assaulting the dog or cat or has in the past been observed or reported to have teased, tormented, abused or assaulted the dog or cat or was committing or attempting to commit a crime.

The provisions of this article shall not apply to dogs owned by law enforcement agencies or law enforcement officers in the performance of police work.

(d)

Penalties. Any person owning or harboring such dog or cat that has been deemed potentially dangerous or dangerous who fails to comply with an order of the chief of police, or his/her agents, in accordance with this section, shall be punishable by a fine of $150.00 for the first offense and $300.00 for a subsequent offense, paid to the city treasurer, or by imprisonment for not more than 30 days for the first offense and not more than 60 days for a second or subsequent offense, or both.

If said animal is found on property not owned or controlled by its owner or keeper, or is found to be not restrained in a secure area, or is found to be in violation of any order issued by the chief of police, said dog or cat may be subject to further restriction, including an order of removal from the city or humane euthanasia, in accordance with the laws of the commonwealth.

Each day there exists a violation of any of the provisions of this article shall constitute and be punishable as a separate offense.

A dog or cat that has been determined to be potentially dangerous or dangerous shall not be considered legally licensed, pursuant to M.G.L.A. c. 140, §§ 137 and 147 unless the owner or keeper is in full compliance with this article.

(Ord. No. 1425, 6-28-06)