DEERFIELD — The Select Board recently opted to stick with its dangerous dog designation for Theo, a 7-year-old great pyrenees, after receiving a behavioral consultant’s report.
Having previously extended the dog hearing until it received the report, the Select Board ordered owner Kate Clayton-Jones to install a fence embedded at least 2 feet into the ground on her Greenfield Road property and provide proof of insurance of at least $100,000 — or show a reasonable effort of trying to acquire the insurance, which is also allowed under state law.
Despite the report, Select Board members Tim Hilchey and Carolyn Shores Ness — Trevor McDaniel abstained due to missing the first dog hearing in June — said they felt the two incidents on April 7 and May 10, in which Theo allegedly bit Deerfield Police Sgt. Jennifer Bartak and Patriot Properties employee James King, were serious enough to warrant a “dangerous designation.” Clayton-Jones was not present during either incident.
“I feel that there’s nothing that was presented to me that would change my opinion that the dog is dangerous because there’s no guarantee the owner won’t be there,” Hilchey said. “There’s no guarantee the dog won’t be outside the fence unsupervised and apparently that’s when the dog is triggered. It acts like a protector dog and that’s what’s happened twice now.”
Shores Ness said it is critical that the fencing be maintained because of the potential risk of Theo escaping and there are times where Clayton-Jones may not be home in the future.
“Who’s to say those conditions wouldn’t exist again? Somebody would be at risk,” Shores Ness said. “I feel like we need to have that requirement of fencing.”
Shores Ness initially only wanted to impose the fence condition because she felt getting insurance would be difficult, but Town Counsel Matthew Provencher explained that proof of a reasonable attempt would also suffice if Clayton-Jones is unable to find an insurance policy.
In the month since the first public hearing, Clayton-Jones has reinforced the fencing around the Greenfield Road property, which has been inspected by Animal Control Officer Calin Giurgiu. She also said she has posted warnings on her fence that Theo is a livestock dog.
Jeremy Cohen, an attorney representing Clayton-Jones, suggested the board deem Theo a nuisance dog instead, especially because “the consequence of violating the order is the same.”
The Select Board, however, stuck with its original designation because of how the two incidents played out and because two town employees were allegedly bitten while they were working.
“These are two town employees that have gone to the property in the normal exercise of their duties,” Hilchey said, “and come back injured or fearing they’re going to be injured.”
The first attack, on April 7, occurred when Bartak was called to the neighborhood for a report of a loose dog, which turned out to be Theo. Upon arriving, Bartak said she knocked on the door of the residence and Theo rounded the corner. She talked calmly to him, but Theo began growling. As she was retreating to her cruiser, Theo bit her left calf and then “more aggressively” on her inner thigh. The wounds warranted a trip to the emergency room because of the depth of the bites and an anti-bacterial cleanse.
The second incident occurred on May 10, when King approached the house to check on a permit. King said Theo seemed friendly, but bit his leg when he went around the back side of the house to knock on another door.
Chris Larabee can be reached at clarabee@recorder.com or 413-930-4081.