MASSACHUSETTS -- Selectmen ruled Monday that a local dog is a nuisance, a decision that came in a follow-up to a heated Sept. 3 public hearing that was continued to allow the dog's owners a chance to obtain legal representation.
The dog, a 2-year-old black-and-white husky named Princess Nala, belongs to the Macayeal family of 21 Prouty Lane. The dog escaped from the Macayeal home Aug. 2 and broke into a chicken coop belonging to Brian Stidsen of 228 Main St., killing 16 chickens and leaving several others unable to lay eggs.
The representative of the Macayeal family, Seth Aitken, pushed for removal of the nuisance designation.
Officials had already downgraded Princess Nala's designation as a dangerous dog.
The family has taken steps to alleviate the problem, Mr. Aitken told selectmen Monday. They have changed the locks on their doors so visiting family members can't inadvertently open them, moved the dog to a separate room when visitors are present, and put the dog through training. Additionally, they intend to spay her.
"This isn't an aggressive animal," Mr. Aitken said. "This is an animal that had its curious nature piqued. This dog has never attacked another animal."
Selectman Leroy Clarke expressed concern that the dog made its way into a completely enclosed chicken coop.
"The biggest problem I have is that the animals were contained," Mr. Clarke said. "The dog broke in, and I have a problem with that. It's wrong."
Selectman Joseph Becker said if the town did nothing and another incident occurred, the town could be liable.
"You're asking us to take on a liability," Mr. Becker said. "If we are led to a conclusion and we don't act, just to be nice, that is a direct liability to us."
A government Siberian husky expert, John Kenney, spoke to selectmen about what he observed in Princess Nala's behavior. He was asked to examine the dog by Laura Pease, Rutland's animal control officer.
"I think this dog is absolutely, positively not a threat to people," said Mr. Kenney.
Rachel Dolan of 17 Ware Road was concerned that the public hearing may set an unwanted precedent for the farming-based and generally dog-friendly town.
"We don't want chicken owners and dog owners pitted against each other," Ms. Dolan said. "Your decision is much more important than you think. We want to keep a friendly town here. Please look at the consequences of your decision."
The board voted to label Princess Nala a nuisance dog, subject to strict requirements.
A confinement must be built with a solid base and roof so that the dog cannot escape; the dog must be on a 6-foot leash whenever it is out of the confinement; and the owners must obtain liability insurance and notify the town police if the dog ever gets loose.
The Macayeal family has 45 days to put the measures into place. In one year, the owners may request a new hearing to revisit the nuisance dog label.
(The Telegram - Oct 1, 2013)
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