MASSACHUSETTS -- The selectmen last Wednesday voted that a dog on Washington Avenue is a nuisance and to accept the recommendation of the town's animal control officer that the Boxer is to be restrained at all times, otherwise the town can order that it be taken into custody.
"If this is going to be a habitual problem, we're going to take action," Selectmen Chairman Donald Setters, Jr. said.
Anne Marie Bank, of 488 Washington Ave., complained about a boxer dog owned by Susan Drapeau Toomey at 468 Washington Ave. that she says has roamed her property and the neighborhood day and night. She said the neighbors all say that the dog is aggressive. She said the dog has been on the driveway of her property. She said Ms. Toomey put up a Facebook post that said she lets the dog "run wild." Ms. Bank said she had a video of the dog on her property barking.
"My quality of life is being affected because she is irresponsible," Ms. Bank said.
Ms. Bank said a postal carrier stopped delivering mail to the address at one time because of the dog a year and a half to two years ago, so she said Ms. Toomey has had time to do something about the problem with the dog.
Ms. Toomey said she uses an electric fence to keep the dog on her property, but the fence has been broken and she has not been able to fix it because of the cold weather. She said she also uses chains to keep the dog on the property and also has leashes all over her front lawn. Ms. Toomey said she has invested thousands of dollars into keeping the dog on the property. She said she does not like to put a collar on the dog because it has cysts on its neck. Ms. Toomey said she may put a regular fence up to keep the dog on the property.
Animal Control Officer Elizabeth Botelho said the electric fence was broken in September before the cold weather and that it is irrelevant to have the fence if a collar is not put on the dog. Ms. Toomey said she has a harness for the dog and said she does not need a leash if the dog stays on the property.
Ms. Toomey said the selectmen can ask anyone who come on her property if her dog is aggressive.
"My boxer has never hurt anybody," Ms. Toomey said.
Ms. Toomey said that when the dog was barking in the middle of the night, it was because Ms. Bank was taking a photograph of it.
"I love my dog," Ms. Toomey said. "I'm sorry she's afraid of dogs. Everybody is entitled to have an animal in their home."
Mr. Setters noted the town does have a leash law. Ms. Toomey said she does abide by the leash law, but said sometimes when she opens a door, the dog runs out.
Town Counsel Clement Brown said the leash law requires Ms. Toomey to restrain the dog on her property and if the dog leaves the property, she is not following the law.
Atty. Brown said if the restraining order the selectmen put on the dog last week is violated, a hearing would have to be held to take possession of the dog.
Selectman Scott LeBeau said he has a dog that he keeps on his property with a fence, but also still keeps it on a leash. He said he saw photographs that show Ms. Toomey's dog went off her property. He said electric fences do not work with some breeds of dogs.
"No one loves dogs more than myself, but it is your responsibility," Mr. LeBeau said to Ms. Toomey.
Mr. LeBeau said he was not saying Ms. Toomey's dog is vicious, but said boxers can be territorial. He said when a number of residents have concerns about a dog, then it is a quality-of-life issue.
(South Coast Today - March 18, 2014)
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