Penny was mostly behaved during the session. The board voted unanimously to drop the complaint but reminded dog owners their animals must be leashed. Selectwoman Christine Hoyt recused herself from the hearing.
ADAMS, Mass. — Charges of aggression against Penny the hound were dropped on Wednesday after her appearance at the Board of Selectmen resulted in licking faces, and a little whining.
However, all board members emphasized that dogs should always be leashed or fenced in when outside.
Complaints had been filed against Penny and Mason, both Catahoula leopard dogs, for "aggressively" charging at a family out walking with their dog.
The dogs' owner, Jonathan Moffat, was unavailable at the hearing held in February, so the board voted to continue it to Wednesday.
After meeting Penny, Animal Control Officer Kimberly Witek withdrew her recommendation to classify the dogs as a nuisance and to require them to be muzzled and leashed when outside the home.
"The original recommendation was to put a muzzle order in place. I would like to withdraw that, because the dog that was the biggest aggressor is no longer in the picture. Moffat brought the dog to me at the police station so I could meet her, I do not know how she is around other dogs," she said.
"My recommendation is, when he's taking his dog from his house to his car, to have it on a leash or have a harness and just have a good hold in case there's another dog coming by, because I don't know how she is with other dogs."
Moffat submitted the dogs' vaccination and licensing records, although Penny is not spayed.
Brianna Shepherd, at February's hearing, stated that last November, two dogs chased her, her children (ages 1 and 4), her sister, and her own dog.
On Wednesday, the board reopened the February hearing on dangerous dogs. After reviewing the case, they dismissed the complaint because of uncertainty about the events in question and concluded that neither dog was a nuisance or dangerous.
Mason was recently euthanized because of progressive epilepsy that could no longer be controlled with medication.
The day of the incident all dogs involved were off-leash, which is a violation of the town's bylaws. All parties paid the fees associated with this.
The penalty for dogs not physically restrained by leash when not on the owner's property is $50 per citation. Hunting dogs when being used for hunting or training are exempt.
Shepherd claimed they were four houses down from the owners' property on Grandview, when the dogs, left their yard, "aggressively" charged at them unprovoked, and began to bite her dog.
She provided the board with a written affidavit of her experience, letters from neighbors who expressed similar experiences of the dogs leaving the property unleashed, and photos of cuts on a neighbor's dog, allegedly from an incident in 2023 involving Mason and Penny.
Moffat claimed that Penny and Mason ran up to the petitioner's off-leash dog in the driveway to play and had "quite a lot of energy."
He stated he remained in his truck and observed the entire incident, explaining that leaving the vehicle would encourage the dogs to run around and avoid getting in, as they often treat it as a game when both owners are outside.
"Penny is not dog aggressive, nor is she person aggressive … she still has quite a lot of energy and was wanting to play with a dog who just did not want to play with her. That's really what this boils down to–Penny wanted a friend, and that dog did not want to be her friend," Moffat said.
"It's an unfortunate situation, but no one was hurt, and I certainly don't think it's cause to bring this board together and set a finding of nuisance or dangerous dog."
The complainant and respondent presented conflicting accounts of the November incident, which could not be independently verified, and no physical evidence was provided.
"Essentially this situation comes down in my mind to it, 'he says, she said,' in terms of what actually, truly happened," said Selectman Jay Meczywor.
"[It's] similar type stories, but in terms of the outcome and who's the aggressor, it just seems like there's a lot of gray area here."
Although the board dismissed the complaint, Meczywor cautioned that the owners be mindful of their neighbors, noting concerns raised in the numerous letters submitted.
"Even if we do find that this isn't a dangerous or nuisance situation, this is on people's minds," he said.
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Cheshire Shifts Focus From Merger to Improving Police Department
By Sabrina DammsiBerkshires Staff
CHESHIRE, Mass. — The town will be seeking volunteers to serve on its police chief search committee.
The process of finding, interviewing, and selecting a qualified candidate is expected to take several months.
Interim Police Chief Timothy Garner, who has not accepted a stipend for the post, advocated that the board have a start date after the fiscal year to ensure voters approve the funds for the salary.
"I'm more than happy to stay until the first of the fiscal year. If you want to wait until a budget is in place where you can actually advertise [a salary already approved at town meeting,]" the retired chief said.
"If you do it now and you put somebody in there, what are you going to offer that might go away at town meeting."
The town has been in discussions with the Lanesborough Police Department to explore the feasibility of a merger.
However, after preliminary talks, that appears unlikely. As a result, the board is refocusing its efforts on strengthening its own department.
Adan Wicks scored 38 points, and the eighth-seeded Hoosac Valley basketball team Saturday rallied from a nine-point first-half deficit to earn a 76-67 win over top-seeded Drury in the Division 5 State Quarter-Finals. click for more
Caprese Conyers scored 22 points, and Kyana Summers had a double-double with 10 points and 13 rebounds to go with eight assists as Pittsfield got back to the state semi-finals for the second year in a row. click for more