HomeMy WebLinkAbout2018-06-21 Animal Control Appeals Committee Minutes OFR
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,Board -..Committee -:Commission -Council: - 201 JUL 16'
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Animal Control Appeals Committee
Date:. 2018-06-21 Time: PM
Building: Reading Town Hall Location: Select Board Meeting Room
Address: 16 Lowell Street Session: Open Session
Purpose: Hearing Version: Draft
Attendees: Members -Present:
ACAC Chair Tina Ohlsen, members John Miles and Richard Robbins, and
Associate member Joyce Gould.
Members Not Present:
Others Present:
Animal Control Officer Ron Burns;,Town Counsel Donna Brewer; Town .
Manager. Bob.LeLacheur; Town Clerk Laura Gemme; Town.Forest Committee .
member Mike Monahan-and Associate member Nancy Docktor; dog owner
Ryan Coy;.Dog owners Beth and Francis Maginot; and memberof the public
Dick Sullivan.
Minutes Respectfully Submitted By: .Bob,LeLacheur
Topics of Discussion:
Chair Ohlsen called the meeting to order at 7:00pm and opened the Public Hearing..She
then explained that is anyone wished to speak that she would administer an oath that any
testimony given was to be truthful and that it was done so under the pains and penalty of
perjury.
Dog owner Ryan Coy rose to speak, and was administered an oath by.the,.Chair, to which.-he
replied that he would be truthful.
On May 21, 2018 Mr. Coy was in the Town Forest by himself'and his dog Lafry,.a 10-month
old full bred Labrador. He was in the fields and his dog was.leashed. He could see a couple
up ahead coming at him, and upon seeing an unleashed dog nearby he veered away from
them. He.-stated that the'other dog was not under voice control, and that the dog went right
at. Larry's neck and ear. He'described it as- a straight attack, that Larry yelped and -he
Pushed. them apart. He could see an. ear injury to Larry .was a .result. He said. the other
owners were calling the second .dog but there was no response. One came at the dogs and
helped separate them.
He then called the Police to make a report, and took Larry to an- emergency Veterinarian-in
Woburn. Larry had three sutures on his ear to repair the wound, and the cost was $431
which he paid and was not reimbursed. Larry has healed, the wound has closed up and left
a sca r.
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ACAC member Miles asked how often they visited the Town.Forest - the response was 1 or-
2 times each week and this was the first incident.
..He asked why Mr. Coy,had veered .to avoid.the-other dog,- he heard the couple calling .the
dog so he did so out of caution. The incident was at about 7:30pm that night.
Was. there a discussion,with the other owners? - No, there,was a heated exchange, we did
not exchange information, I did not. ask for any reimbursement, I have a lawyer to pursue
that. We all.stayed for the Police Report so. I would have the information.
ACAC member.Robbins asked to describe ,how the other dog approached - the dog did,not,
sprint but rather slunk his shoulders and kept approaching'. How big is Larry 65 lbs.
He. asked if the Maginots .were calling for their dog Elwood from .the rear - yes but it. .
happened very fast. It was an aggressive unleashed dog'.
:ACAC member Ohlsen noted that Mr: Coy referenced another prior incident and would he
explain?.That was 15-20,years ago in NH with a previous dog.-
Robbins asked if Larry were neutered - no. Had he ever seen the Maginots before - no.
Ohlsen said how about since - no.
Robbins asked how Larry is with other dogs = good with dogs he knows. Maybe-he is shaken
a bit now but he is OK with other.dogs.
Chair Ohlson asked if-Coy had anything to add, and he stated he did not.
Animal Control Officer Ron-Burns rose to speak,, and was administered an oath by the Chair,
to.which.he'replied'that he would be truthful.
Burns stated he has been ACO for 14-15 years. He was not'present 'atthe incident and did .
not write a report, since a Police Officer responded and subsequently wrote up a report
which Burns read. He spoke to both parties, and .as required by.state law he quarantined
the Maginot's dog for ten. days, starting the day after the incident. When asked what he
learned, .he stated that .Officer Savio spoke to, both parties at the incident and wrote up a
report- a copy of which is,attached in the ACAC packet.
.ACAC. member Miles asked about the quarantine and Burns stated it was at the Maginot's
home. Since.the dog's rabies-certificate was current it was for only ten days as prescribed .
under state law. Miles asked -about any-prior,incidents with this dog - there were none. 'He
asked to describe the contact with two parties - telephone only, did not see either dog..
Chair Ohlson asked if Burns had anything.to add, and he stated he did not:
Francis Maginot. rose to speak, and was administered an oath .by the Chair, to which -he
replied that he would be truthful.
He described how he and his wife were walking their dog Elwood in the Town .Forest. His.
dog is an 8yr old Lab mix. As they.came:out of the forest to the causeway area that leads to
a field,they saw a person ahead. They came through a gate and at this point.saw that the
two dogs were about 10 yards apart. The other dog, Larry, seemed to stop and wait. He.had
no concern about Elwood and the situation.. Both dogs had wagging tails and seemed
friendly, so he .kept walking.- He expected Elwood to, follow, but then heard a scuffle and
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turned to separate the two dogs. He said there was a lot going on, it was a moment of
panic.
Mr. Maginot then noted that after the incident Mr. Coy dragged his dog.and then yelled at
his wife. Mr. Maginot responded by putting a leash on Elwood, and Mr. Coy called x9.11, all-
within about 30-45 seconds, then went out in the street and waited for the police.
Ms. Ohlson asked if Elwood had everybitten before? He was part of a2-dog. litter, and both,
dogs .playfully nipped and had scuffles all the time. %Otherwise. there were no _previous
incidents in the Town Forest. Jake, the second dog, was struck and killed about one month
before the incident in front of their home.
She asked if they had back to the Town Forest since the incident = no. Has the dog been off
leash:since - no, except in the fenced in .yard:,The fence is:picket.and stockade, about 4-1/2
feet tall. Dogs. cannot.jump over the fence as the gates are latched but not locked. There is..
no Beware Dog' sign because therevas never a reason for that.
Mr. Robbins asked how Jake. got out of the fenced in area, as there.was mention of the dog
being killed right in.front of the house. That was due to a ripped -out section of fence. Was
the fence replaced - no it was repaired immediately. Could it happen again - no the fence
was built better this time, it is now attached to a post more firmly with staples:.and screws.
Mr. Miles inquired about the:size of the dog; and it was identified to be about a'701b.1ab mix.
Also noted was that Elwood was.a rescue dog; so the nature of the"mix'.was unknown.
Ms. Gould, then asked about the security of the fence, and it was explained that. the fence
goes to-the ground. The stability of the fence at the bottom was brought into question.
Chair Ohlson asked if Maginot had anything to add, but Mr. Robbins asked why this incident
was different than other meetings with dogs previously. The response was:I just don't know,
their tails were.wagging, maybe there was a sudden move. He wasn't calling the dog-before
the scuffle, only after it started and they had to be separated, for 2-3 seconds in total.
Chair Ohlson pointed out that the Police report said he stated there was no dog bite, and
Mr. Maginot agreed that he must have said that.
Miles said `if asked, would you pay the vet bill?'
Maginot replied that Mr. Coy called. 911, his wife was trying to help if there were injuries,
and he offered to:go to the vet together,-but he was not.sure if Mr. Coy ever heard that: He.
noted that Mr. Coy was unapproachable after the incident, and that if contacted he would've
paid the bill, but he was unsure_of the next step.
Chair Ohlson asked if Maginot had anything to add, and he did not.
Beth Maginot (wife of Francis Maginot) rose to speak, and was administered an oath by the
Chair, to which she replied that she would be truthful:
When recalling the incident, she preceded her comments.by noting that they walk Elwood in
the woods every Monday, and have come across over 50 dogs and people without any
incidents. She explained that during the incident.she, heard a tussle, but could not actually
see it, and whistled to try and call Elwood. She then.went,to help the other dog, and was
surprised when she'was met with anger by Mr. Coy. Once .met with hostility,:such as.
hearing `stay away and don't go anywhere' shouted at her, she backed away from Mr. Coy. .
and. his dog, -waiting at a distance for the police to arrive. She disputed the' term
"attacked"; and felt that Mr. Coy's recollection of the incident is inaccurate. She understood
his anger .but the situation,was uncomfortable. She walked to the front and, waited for the
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Police officer. She explained how her.7 yearold: granddaughterand all of her neighbors
have never had any sort.of problem. with. Elwood, and she. had no expectation of trouble.
The dogs wagged tails, and she had no-idea why growls followed. She was very upset, and
could see that Mr.-Coy was very angry. She thought that Mr. Coy's threatening response;
coupled'with.his social media reaction threatening .euthanasia and lawsuits,. was excessive.
:She- said she didn't know what else to do, and awaited _a response from the-ACO as was.
mentioned by Officer Savio at the scene. We got the. quarantine papers, did not speak ..
directly to, -the ACO. Mrs. Maginot stated that she would just like things to go back to.
normal.
Ohlson pressed for more detail about Mr. Coy's social media actions, and it was.noted that•.
he put pictures on Facebook and made disturbing comments about the :Maginot's and their
dog, specifically threatening Elwood's life. He threatened.to sue,.and wanted euthanasia for
Elwood. She gave the Facebook posts and .pictures to.the Police. The Police stated there was
no. crime and would send her back a report, but she should keep.them apprised of further
developments.
Mr. .Coy conceded that his Facebook posts were .made in anger and he thought they were
private. He stressed the severity of the-situation - what if it had been-a_ little .boy or elderly
woman? He did note that he feels that the Maginot's aredecent people, and that he's
comfortable settling the bill-in order to`resolve the, issue, and that he would drop the
complaint. He said he had lost a dog also, and he knows what that feels like.
Town-Counsel Brewer said the ACAC could dismiss the complaint, could .decide the dog was
a nuisance, or decide - the dog was dangerous.. The last two decisions had further
components.
ACAC member Miles said that it;was fortunate that there were no serious injuries; and .that
dogs sometimes react quickly. He said he would be willing. to vote to-dismiss if'both parties
were agreeable.
ACAC member Robbins said'he was satisfied.to vote to"dismiss if the damages were made "
good.
ACAC Chair Ohlsen said she was comfortable with a dismissal.
On a motion by Mr. Miles, seconded .by Mr. Robbins, the committee voted 3-0-0 to
dismiss the complaint
On a motion to adiourn made by .Mr. Robbins and'seconded by Mr. Miles, the
committee voted-3-0-0 to do so at 8:4sum
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