HomeMy WebLinkAbout2012-03-28 Animal Control Appeals Committee Minutes RECEIVED
TOWN CLERK
Minutes READING. MASS.
Town of Reading - Animal Control Appeals Committee
March 28, 2012 .2012 APR -2 P 2: 50
The meeting of the Animal Control Appeals Committee (ACAC) was convened at was convened at
7:30 PM in the Community Room, Police Station, 15 Union Street, Reading MA.
Present were:
Town of Reading: ACAC Chairman Tina Ohlson, ACAC member John Miles, Town Counsel Gary
Brackett, Town Manager Peter Hechenbleikner;
Representing the animal owner: Attorney Jonathan Rankin representing the animal owner; Lisa
Swanson, Amanda Swanson, Stephen Swanson and Alexandria Swanson.
Interested parties: None
Town Counsel presented a draft decision for the ACAC to consider. This has been transmitted to the
ACAC and Counsel for the Swansons at an earlier date.
Counsel Jonathan Rankin raised the following questions:
1. If Atticus is at the K9 Performance dog training facility and day care, must he be muzzled at
those times?
2. Is it an option not to build the outdoor enclosure? I they did not build it, then Atticus would be
muzzled and leased at all times when he is in the yard
3. If they were to build the enclosure they would need more time to build it— probably 6 months.
4. Regarding the medication recommended by Dr. Wrubel, she is not a veterinarian. Atticus is
going to see another animal behaviorist who is a veterinarian and they would like to be able to
take medication and/or be removed from medication under the direction of a veterinarian.
5. Regarding the last paragraph, there was not any discussion about destruction of Atticus, and
they would like that removed from the agreement. Chapter 140 section 157, and section
5.6.7.3 provide for fines up to $300 per day and that should be adequate.
6. Regarding the waiver of the right to appeal, the animal owner agrees that that applies to this
specific agreement, but they do not agree to waive the right to appeal if there is further action
under the last paragraph of the agreement.
The ACAC discussed the above issues with Town Counsel and agreed to the following (ACAC
comments in bold):
1. If Atticus is at the K9 Performance dog training facility and day care, must he be muzzled at
those times? This would be ok while at K-( Top Performers, and with a letter from the
owner agreeing to it.
2. Is it an option not to build the outdoor enclosure? I they did not build it, then Atticus would be
muzzled and leased at all times when he is in the yard. This would be ok, with the
restriction that Atticus will be on a 6' leash and muzzled at any time that he is outside of
the house. •
3. If they were to build the enclosure they would need more time to build it — probably 6 months.
If the Swanson's came up with a schedule, this would be ok — with the understanding
Animal Control Appeals Committee Minutes—March 28, 2012 —sage 2
that until such an enclosure that Atticus will be on a 6' leash and muzzled at any time
that he is outside of the house ,
4. Regarding the medication recommended by Dr. Wrubel, she is not a veterinarian. Atticus is
going to see another animal behaviorist who is a veterinarian and they would like to be able to
take medication and/or be removed from medication under the direction of a veterinarian. This
is agreeable — the language in 3f would be modified to read something to the effect that
medications would be "as prescribed by a veterinarian specialist". A copy of the report
of the specialist will be filed with the ACAC, and the ACO.
5. Regarding the last paragraph, there was not any discussion about destruction of Atticus, and
they would like that removed from the agreement. Chapter 140 section 157, and section
5.6.7.3 provide for fines up to $300 per day and that should be adequate. The language as
drafted will stay
6. Regarding the waiver of the right to appeal, the animal owner agrees that that applies to this
specific agreement, but they do not agree to waive the right to appeal if there is further action
under the last paragraph of the agreement. The ACAC agrees that if there is a separate
subsequent decision that the rights of appeal would not be waived for that subsequent
decision.
Lisa Swanson asked if the "vicious dog" designation could ever be modified if Atticus's situation of
condition changes. The ACAC indicated that that would have to be upon petition by the owner, and
subject to a public hearing.
On motion by Miles seconded by Ohlson the ACAC directed Town Counsel to make the
modifications as discussed, and issue the written decision. The decision will not be filed until
the letter from K9 Top Performance and from the veterinarian specialist are filed with the Town
Manager. The motion was approved by a vote of 2-0-0
On motion by Miles seconded by Ohlson, the ACAC voted to adiourn their meeting at 8:15 PM
by a vote of 2-0-0.
Respectfully Submitted
.c)S,
Secretary
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