Town of Millville, MA Complaint Procedure

Any person may file a complaint, in writing, to the hearing authority that a dog owned or kept in the Town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous:

(1)

Solely based upon growling, barking, or growling and barking;

(2)

Based upon the breed of the dog; or

(3)

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:

(a)

The dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault;

(b)

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;

(c)

The person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or

(d)

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.

The hearing authority 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 nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall:

(1)

If the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or

(2)

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

If the hearing authority deems a dog a dangerous dog, the hearing authority shall order one or more of the following:

(1)

That the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object, including, but not limited to, a tree, post or building;

(2)

That the dog be confined to the premises of the keeper of the dog, provided that:

(a)

"Confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper;

(b)

Such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than two feet; and

(c)

Within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog;

(3)

That when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding three feet in length;

(4)

That the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance;

(5)

That the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime, including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification;

(6)

That unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; or

(7)

That the dog be humanely euthanized.

No order may be issued directing that a dog deemed dangerous shall be removed from the Town. The Town shall not regulate dogs in a manner that is specific to breed.

Within 10 days after an order issued under this section, the owner or keeper of a dog may bring a petition in district court as provided in and pursuant to MGL c. 140, § 157. Pending an appeal by an owner or keeper under this subsection, the hearing authority may file a petition in the district court to request an order of impoundment at a facility the Town uses to shelter animals for a dog complained of as being a dangerous dog. The Town shall not incur liability for failure to request impoundment of a dog under this subsection.

If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. If the keeper of the dog is in violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the hearing authority, within seven days, for return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for five years. If the hearing authority determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section, it shall report such violations to the issuing authority within 30 days.