MASSACHUSETTS -- The selectmen voted last Wednesday to seize and impound a dog that is owned by a person who lives on Washington Avenue because of complaints by neighbors that the boxer has been running loose in the area.
After receiving similar complaints the selectmen held a dog hearing on March 5 and asked the owner of the dog to restrain it. But Animal Control Officer Elizabeth Botelho said that order was violated as soon as five days after the hearing.
Town Counsel Clement Brown said the town sent a notice about the hearing to Susan Toomey, the owner of the dog, but she did not attend the public hearing last week. He said there was a record that she received the notice.
Ms. Botelho said there had been numerous complaints about two dogs owned by Ms. Toomey but said the other dog has been put in another home. She said there have been complaints about the boxer being on the street, in other people's properties and disturbing people as they are walking or riding bicycles in the area.
Since the March 5 hearing when the selectmen asked Ms. Toomey to restrain the dog to her property, Ms. Botelho said police and neighbors have seen the boxer loose in the neighborhood. She said she had three photographs of the dog not being restrained on its property that were taken on May 3.
Neighbor Catherine Jean said she has had several encounters with the dog and she is concerned about any danger to her two children who are three years old and 15 months old. She said she has been on walks and could not go back to her house because she was afraid of the dog who was between her and her property.
"It's just a safety concern," Ms. Jean said.
Ms. Jean said the dog has also used her property as its "personal restroom."
"It's a continual problem," Ms. Jean said.
Resident Anne Marie Bank said the dog is a nuisance. She said the dog has also been loose on Forest Street and County Street and that Ms. Toomey's sons have gone to bring the dog back to the house after it has gotten away from their property.
"So they have no control," Ms. Bank said.
Ms. Bank said the dog has also relieved itself on her property.
Ms. Botelho recommended that the dog be brought to the animal shelter in Swansea where staff will try to find another home for it. If a home can not be found for the dog, she said the boxer would be sent to another facility where people go to adopt pets.
Mr. Setters asked if the animal control officer has ever picked the dog up when it was loose. Ms. Botelho said no because the dog is always back on Ms. Toomey's property by the time she responds to complaints.
Selectman Scott LeBeau said the dog has never shown viciousness, but said the owner has not been responsible for restraining it. He asked if the dog would be euthanized after the town seized it.
"The dog shouldn't have to pay for the irresponsibility of the owner," Mr. LeBeau said.
Ms. Botelho said the dog would not be put down.
Atty. Brown said Ms. Toomey has 10 days to appeal the decision of the selectmen. Ms. Botelho said the dog would be kept at the shelter during that time.
Mr. LeBeau said it has been shown that the dog is a nuisance. Ms. Bank said there has been problems with the dog in the neighborhood for six years.
Atty. Brown noted that when the selectmen held the hearing on March 5, they said that the dog could be seized if it was not restrained.
Mr. LeBeau, who said he is an animal lover, said it is disappointing that a dog owner would be so irresponsible.
"And she's had plenty of chances," Selectman David Berube said.
(spectator.southcoasttoday - May 30, 2014)
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