Sun, Nov 08 2009

Published: June 13, 2008 03:58 am    PrintThis  

Selectmen mandate fence for dog

By Lynne Hendricks
Correspondent

ROWLEY — The Board of Selectmen has ordered the owners of a German shepherd to erect hard fencing on their Main Street property after their unleashed dog, Bear, breached the perimeter of its invisible fence and attacked a neighbor's 12-year-old son.

According to the testimony of the boy's parents, April and Kevin McManus, their son Patrick was playing basketball in the family's driveway with his brother and friends on April 2 when the 3-year-old shepherd crossed through the trees that border their property and bit Patrick in the stomach. The dog inflicted several more bites to the child's arm and wrist before Patrick's brother managed to kick the dog and scare it away.

It was the third time Cyndi and Glen Gavin's dog had advanced aggressively on a member of their family, say the McManuses. While they did not want to see the Gavins' dog euthanized, they asked selectmen to consider other safety remedies such as mandatory leashing, muzzling or hard fencing to ensure nothing like this happens again.

While the Gavins agreed to keep their dog on a lead in the backyard when left unsupervised, they stated through their attorney at last week's hearing that hard fencing and muzzling were too expensive and severe considering Bear had not broken the boys' skin and had not been accused of vicious behavior in the past. They argued Bear was probably chasing after the boy's basketball and got "scared and nervous when Patrick McManus began to scream and run," according to a statement.

"Mr. Gavin points out that if a dog of any size, let alone a dog the size of a German shepherd wanted to cause serious injury that dog certainly could by biting harder and breaking or ripping the skin," the statement said.

Main Street neighbor Bill Todd refuted the Gavins' claim there were no past offenses, however, by describing "a dozen" incidents of Bear approaching him aggressively while Todd went to retrieve his morning newspaper. Todd added he was able to chase the dog away by charging him.

Selectmen Chairman David Petersen was troubled by past incidents like this, which in some cases were reported to the Gavins, and seemed to fall on deaf ears prior to the latest attack. Kevin McManus stated in a letter to selectmen he'd informed Glen Gavin of two prior incidents, both involving their son Patrick, and Gavin had done nothing to keep the dog off their property.

"To me it indicates there's been, on the part of the Gavins, kind of a cavalier attitude to let the dog run loose," Petersen said.

Petersen commended the Gavins for taking action in the form of a three-week "boot camp" training session for Bear, through Ipswich's Miles River Training Kennel, but wondered why it took formal action by the McManuses to force the issue.

"If (training) had happened back when the first incidents had taken place, we wouldn't be here today," Petersen said.

Bear received a positive review from the Kennel's owner, Linda Cunningham, who boasts 30 years of experience with dog aggression.

"Bear showed no threat of aggression while in Miles River's care," she wrote, adding that every dog should be housed responsibly at home, and not running loose.

In the end, selectmen Vice Chairman Richard Cummings asserted a proper fence was better than a lead in this case, and not unfair considering the recent case of a dog accused of killing a goat up on Boxford Road. In that case, Cummings noted, the dog owner began building hard fencing on his property without being ordered to do so.

He proposed the dog be kept leashed at all times and under the control of its owners, and kept restrained by hard fencing when left outside unsupervised.

"In my opinion a fence would be more appropriate," Cummings said. "A runner, I don't think, is going to solve the issue, and I think it will show good faith on your part to help satisfy and show your concern for your neighbors," he told the Gavins.

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