ROCHESTER, N.Y. (WROC) — A 5-year-old was mauled by a pit bull in Rochester and now his mother wants the dog removed.

She started a petition online and has called the Mayor’s office, but according to Rochester’s city code the dog must have its day in court.

“I heard screaming and whatnot and the neighbor standing diagonally from where we were standing said some kid is being attacked,” said the man who rescued the child and didn’t want to be identified.

Alexander Stanley is the 5-year-old who was attacked by a pit bull while playing in a lot near his home.

“It [the dog] did major damage,” said his mother Tracy Babcock. “Seventeen staples to the back of his head, three stitches across the bridge of his nose, butterfly stitches to his left arm, and a claw mark in the middle of his back.”

The man who rescued the child says the dog kept biting the child and wouldn’t stop. He says he had to forcibly hit the dog before he would let go of the boy.

“I just had to get him out of dangers way,” said the man. “It makes me cry because I have kids of my own.”

Now the boy’s mom wants animal control to remove the dog.

“I want the dog gone,” said Babcock. “I want to feel safe with my son being home.”

The owner of the dog says he doesn’t know how the dog got loose. He also said the pit bull is usually good around kids.

If Babcock wants the dog removed she will have to go to city court to prove the dog is a danger.

“The state law says people have the private right to consult an attorney to pursue it as a court proceeding called the dangerous dog,” said Chris Fitzgerald, City of Rochester Director of Animal Control. “In our municipality we also have the option to issue citations for a dangerous dog.”

To declare the pit bull a dangerous dog Babcock will have to get a lawyer at her own expense. Even if she goes to court and wins there is no guarantee the dog will be removed.

Along with removal there are several options the judge can impose. The dog could be required to be on a leash at all times, wear a muzzle when outside of the home, or the dog could be put down.