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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My 2 dogs bark during the day sometimes when outside in our

Customer Question

my 2 dogs bark during the day sometimes when outside in our fenced in yard. the dog officer is telling us that some person keeps complaining ,although we have made changes.my dogs are wonderful. what are our rights?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this situation.

Unfortunately, in Massachusetts, it is possible for owners to make a formal (written) complaint regarding unusually noisy or disruptive dogs to their local town council (or similar governing body). If the owners are unable to control the animal (control the barking), the town council can order that the dog be transferred.

See: http://www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter7-4.html

However, none of this will occur without a hearing - so you are entitled to a hearing, and any decision by the town council (or their appointed body) is subject to judicial review for "reasonableness" (meaning it must be supported by objective evidence).

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