Selectmen voted to deem a dog in Upton a dangerous animal at a public hearing held on Monday, September 22.
The hearing was based on a written complaint filed by Ms. Perkins of 101A Main street which claimed that on or about August 24, the dog entered the property of 101A Main Street and caused injuries to Mr. Jones.
Upton Police Officer Benjamin testified a call was received shortly after 4 p.m. on August 24, 2014 for a dog bite at 101A Main Street. Upon arrival the officer noticed Mr. Jones had a puncture wound to his right forearm.
According to Officer Benjamin, Mr. Jones reported the boxer had defecated in his yard; the dog was on a lead but the lead allowed him wander off his property. Mr. Jones was calling out to the neighbor, who was outside, to have her pick up the mess when the dog became agitated, broke free of his collar, then charged and bit Mr. Jones.
The dog’s owner Miss Willis testified at the hearing that the dog was on her property in the right of way and she did not see Mr. Jones get bit. According to Willis the dog became spooked and broke free of his collar when Jones was screaming.
Chairman Fleming said these types of hearings are always one of the most difficult things the board has to deal with.
The board deemed the dog dangerous in a 2 to 1 vote. Picard favored classifying the dog as nuisance.
The board unanimously voted on measures to prevent a future incident.
The conditions are as follows.
The dog must be humanely restrained but not chained, tethered, or otherwise tied to an inanimate object including a tree, post, or building. Also that the dog be confined to the premises of its owner or keeper, either indoors or outdoors properly sheltered from the elements in a securely enclosed locked pen or dog run area with a secure roof and if the enclosure has no floor with sides no less than two feet embedded into the ground.
Chairman Fleming stated at the end of the hearing, “Please don’t take the restriction lightly, we don’t want any citizen harmed or injured as a result of a dog running loose or any other manner.”
Willis asked at the conclusion of the hearing how to file an appeal.
The dog was described as a boxer.
UPTON DAILY 