Town of Arlington, Town Bylaws, Title VIII (Public Health and Safety)

Citation: Town of Arlington, Town Bylaws, Title VIII (Public Health and Safety)
Jurisdiction: Arlington (municipal)
Source: Official source
Original Source: https://www.arlingtonma.gov/town-governance/laws-and-regulations/town-bylaws/... ↗

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(b) the person 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 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 attacked or threatened had breached an enclosure or structure, including but not limited to a gated and fenced-in area, in which the dog was kept apart from the public, without being authorized to do so by the owner of the premises.

A child under age 7 shall be rebuttably presumed not to have been committing a crime, provoking the dog, or trespassing at the time of the attack or threat.

2. Complaint. Any person may file a written complaint with the Select Board that a dog kept in the Town is a nuisance dog or a dangerous dog.

3. Disposition. The Select Board shall investigate or cause to be investigated the complaint, including an examination under oath of the complainant at a public hearing. Based on credible evidence and testimony presented at the public hearing, the Select Board or its designee (“Hearing Authority”) shall take the following action:

a. Nuisance dog. If the dog is complained of as a nuisance dog, the Hearing Authority shall either (a) deem the dog a nuisance dog; or (b) dismiss the complaint.

b. Dangerous dog. If the dog is complained of as a dangerous dog, the Hearing Authority shall either (a) deem the dog a dangerous dog; (b) deem the dog a nuisance dog; or (c) dismiss the complaint.

c. Report to Town Clerk. The Hearing Authority shall report any finding that a dog is a nuisance dog or a dangerous dog to the Town Clerk.