WHITMAN – The Select Board on Tuesday, April 18 voted to declare three 9-month old pit bull puppies and their mother to be nuisance dogs, as much as a way to protect the animals as to control them while their owners have them trained.
The vote followed a hearing in accordance with MGL Ch. 140 Subsection 157 regarding the dogs owned by Jean Karger of 221 High St. Complaints have been received from Patricia Parent, Eric and Joseph Connolly, according to Chair Randy LaMattina.
Nearly every person testifying during the hearing stressed that these are very friendly dogs that are still puppies, even though they weigh more than 40 poiunds each. The neighbors’ concerns center on the dogs tendency to roam the neighborhood, and the way they jump up on people.
“Obviously we have to stop this behavior of the dogs getting out,” LaMattina said. He argued for imposing requirements that the dogs be on a leash whether on or off the property, until the animal control officers can work with the owners to create a secure kennel. The board also approved that requirement.
The board had considered requiring a dog run on the property.
Animal Control Officer (ACO) Joe Kenney cautioned there are tethering laws in Massachusetts that limit dogs to being tethered outside for no more than 15 minutes at a time. ACO Laura Howe said runs condition dogs to become aggressive.
Town Counsel Peter Sumners said the board could make a determination immediately or at the next meeting if they felt confident in doing so, but a written decision will still have to be issued.
“I would suggest if you haven’t had a chance to weigh all the evidence, you should take that opportunity,” he said, noting the board could also issue an interim finding that the dogs are either dangerous or a nuisance.
A dangerous dog is described by statute as a one that attacks without provocation causing serious injury or death to a person or owned animal or behaves in a way that would make a reasonable person concerned that an attack could happen. A nuisance dog that, by excessive barking or other disturbing behavior causes a reasonable person to feel it is disruptive to quiet peaceful enjoyment of their home, disturbs a sick person in the area or exhibits a threat to do so.
An owner of a dog deemed a nuisance can be ordered to take immediate steps to solve the problem. There are specific statutory authorizations involved if a dog is deemed dangerous, including restraint including when being removed from premises, confining to premises, removal from premises neutering or euthanasia.
Board member Shawn Kain said they could be considered dangerous for “recklessly having fun on High Street” where traffic is heavy, but he said he wasn’t sure that’s how the law reads.
“I don’t think we have a dangerous dog,” LaMattina said. “However, we clearly have nuisance dogs … disruptive behavior to one’s quiet and peaceful enjoyment.”
Howe said she met in October with Karger and her partner, who gave his name only as Raoul, and was told Karger had voluntarily surrendered nine of the 13 dogs she had then owned after a female she owned had puppies.
The 5-month-old puppies had not been spayed or neutered and had not been given their rabies vaccines and Animal Rescue League took custody the following day, reporting back that all nine had been given behavioral assessments, vaccines and were spayed or neutered and placed out.
At about nine months, the puppies are between 50 and 75 pounds now. They also recognize Howe and Kenney and “split the scene” whey they are called, making for a potentially more dangerous situation. They don’t chase dogs when the animals start to run, because the dog(s) would be running in fear, which could motivate them to bite or run into traffic.
“A few days later, we learned there were four dogs left on the premises,” Howe said, noting it was not a search and seizure or court involved,” she said, adding that it was explained Karger would need to obtain a license for a kennel because the town’s threshold for kennel designation is three animals, not four. “Eventually we caught … all four, and I held them until they got their rabies shots.”
She explained that the rabies shots were important, as rabies tests cannot be done on a living animal.
“Things just progressed from there,” Howe said, with the dogs running free on a regular basis. “It could be as much as every day. I have heard different reasons, I understand them, but animals can’t protect themselves. We sometimes have to go to extremes to protect the animals.”
She said this was an extreme case.
Howe said her recommendations are and always have been to have a secure kennel floor, of cement for example, and something with a roof “because they climb over everything.” The last time, Howe said electric fencing, as is used to train dogs, delivering a mild shock via a special collar, has been another thing they suggested.
Howe said she wasn’t sure if a cement floor was feasible because Karger and her partner do not own the property, they rent it. She added later in the meeting that the owners had provided proof they were buying a house in another town, but the purchase intended to be closed in January, did not go through.
“Their dogs are not in any type of bad situation other than roaming free throughout the neighborhood all the time, which is dangerous – not because they’re such aggressive dogs, because they’re not – but the mentality of a pack dog is quite different than one or two dogs, as well as they live on a very busy street,” she said. “Hopefully, we can find a solution.”
Select Board member Shawn Kain asked if there has not been any issue with bites, but Howe said that, while that was an issue concerning a dog they no longer own, it has not been a problem with the dogs in question now.
Joe Connolly of 226 High St., confirmed Howe’s assessment, and added that he has witnessed “multiple situations” in which the dogs have gotten out without a leash to run free and tie up traffic.
“For some reason or other, they hang out in the middle of the street a lot,” he said. “I find it very dangerous, because I often wonder why there’s a tie up of traffic – and, sure enough there’s a dog in the middle of the street.”
He pointed to Whitman’s leash law, and, while stressing that the dogs are very friendly, expressed concern that they could knock over an elderly person when they jump on them. He also said that, if he had little kids, “This would be whole different ball game, for me.”
Parent, of 220 High St., who has had several encounters with the dogs, has grandchildren for whom she is concerned. She also said she walks her dog on a leash and no longer walk past the property because her dog is so fearful. She said one of the dogs picked up her dog and shook it, and although her dog was not hurt, it is now fearful.
“It’s really not fair for us to be unable to use our neighborhood,” she said. “I feel sad [for the dogs in question], they look so happy when they’re running around, but somebody’s going to get hurt.”
Joan Butterfield, of 231 High St., wanted to start by saying the dogs are very nice and very friendly, but they are strong and jump up on people.
Adam Casey, 173 Pine St., described how the dogs leap over his four-foot high fence after he fixed the holes they made under it.
“It’s gotten to be the fact that they like to play at my house, and I understand that for dogs,” he said. “They’’re not mean dogs, but they are dogs and I do have kids. I just hope we can resolve this and get them contained.”
Raoul said he has had the fencing improved and has installed the electric fencing problem, but there were problems with it after the company’s owner moved out of state.
“They’re escape artists,” he said. “I’m trying my best.”
“We are human,” Karger said. “We do have the same thoughts and concerns that everybody else here in the room have.”
“I’m not comfortable that they can negotiate this in a way that’s safe for the dogs or the people around them,” Kain said. “I like the recommendation from Ms. Howe, but again, I’m not confident that they’re going to be able to implement the recommendation in a short amount of time.”
He said he is worried that a dog is going to be hit by a car sooner rather than later.
A neighbor asked why the dogs’ owners couldn’t walk their dogs on a leash and put them back in the house like everyone else does.
LaMattina asked how many times animal control has had to return the dogs home. Howe replied they are called once or twice a day and times and frequently three or four times a week and agreed they are escape artists.
“I feel they need a trainer at this point because they do not know anything at all,” she said. “That make it harder. I’m less concerned if they’re 10 pounds or 100 pounds, because a Chihuahua is more dangerous than, possibly, these dogs.”
She said it was not apparent how many pups they were initially dealing with because some neighbors were returning them home. Another concern is the pup’s maturing, as one of them appears to be in heat, which will lead to a dog fight as other behaviors come into play.
“I never say something, by law, under oath, of what could happen,” Howe said. “I am saying things that will happen because of animal behavior.”
She said she is willing to work with the owners on her own free time.
Salvucci asked what is needed to complete the electric fence and when it could be done. Karger said she would call the company the next day.
“I would suggest, until you get that done, the dogs don’t go outside,” Salvucci said.