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Dalton Select Board Determines Two Dogs a Nuisance
By Sabrina Damms, iBerkshires Staff
08:22AM / Tuesday, August 22, 2023
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DALTON, Mass. — The Select Board last week determined that two dogs housed at 109 Elmore Drive are a nuisance. 
 
The order requires owner Marisa Washburn to humanely restrain both her pug and Yorkshire terrier whenever they are outside of the home. 
 
Washburn, who attended the meeting, was issued two separate citations for not restraining her dogs but has not yet paid them. She was told to meet with the town clerk to set up a way to pay the fines. 
 
Since the beginning of May, Animal Control Officer Levi Lisi and police officers have responded to 14 calls from residents expressing their frustration that the dogs are roaming the neighborhood or in their yards. 
 
Amongst these complaints, there is a reported incident of one of the dogs chasing children as they were exiting a school bus.
 
The dogs were reportedly back on the owner's property by the time an officer or animal control officer arrived on scene. 
 
However, according to the animal control officer's report, there was at least one occasion when one of the dogs was returned to the owner by an officer and there are videos submitted to the Police Department of the dogs on the loose.
 
The department has attempted to contact Washburn but on those occasions she does not answer the door or responds to Lisi's requests for a phone call, according to the report.
 
"I have no concerns with what they do on their property but I should be able to walk my dog up the street and be on my own property and be harassed by somebody else's dogs," resident Dan Consolati said. 
 
Although he can’t speak to the fact, in the last three weeks it has been much quieter so maybe the issue has been given enough attention that there is a behavior change, Consolati added. 
 
Even though it has been a quiet couple weeks residents are concerned that the issue will come up again, resident John Gigliotti said. 
 
"It's a very dog friendly neighborhood and this is like the one dog owner that just doesn't respect anybody's privacy … and the real thing that's aggravating is it's a neighbor that just couldn't care less," Gigliotti said. 
 
Washburn said she feels bad because the officers have to keep coming out to her house but cited numerous causes to how her dogs escape, including the property's lack of a fence, a damaged door, the dog's speed, harness, and confrontations with one of her neighbors. 
 
The officers have witnessed the struggle themselves when helping Washburn return one of the dogs to her property, she said.  
 
Although he gets out, Washburn said, he has never harmed anyone and she does not allow the dog to roam the neighborhood and attempts to retrieve him. 
 
Board members recommended that Washburn invest in a fence or a yard leash. 
 
Select Board Chair Joseph Diver said that although he sympathizes with her experience as he has had his own dog get loose on occasion, there has been an attempt made by the animal control officer to help resolve the issue that has gone unanswered. 
 
"But the communication with our ACO is really, really important to these matters because he or the Dalton Police can intervene and help," Diver said. 
 
"But it seems like in this case, it's gotten non-discussed or lack of engagement. So, that's what I think is why we're here tonight. It's because that conversation has not occurred." 
 
The order authorizes that any violations that take place in the future will result in paperwork being submitted to District Court with a minimum fine of $500 in addition to additional restrictions that can not be placed by the Select Board, Lisi said. 
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