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Rottweilerlvr
03-01-2007, 04:52 AM
Two dogs confined to house after one bites man
Board of Selectmen orders 8-foot fence built

By Nate Walsh
Published On Tuesday, February 27, 2007

WINCHENDON — The Board of Selectmen voted to order two German Shepherds, which were considered to be a dangerous after one reached over a fence to bite a man passing by their yard on the sidewalk, to be confined to their owner’s Pleasant Street house during a hearing Monday until an 8-foot-tall fence can be constructed around the perimeter of the property in the spring.

During the hearing, Pleasant Street resident Kyle Bradley said he was using his snowblower on the sidewalk past his neighbor’s house at 104 Pleasant St., on Feb. 3. when he felt a pain in his arm and realized he had just been bitten.

“It took me a minute to realize what actually happened,” said Mr. Bradley.

According to Mr. Bradley, one of the dogs allegedly jumped up over the 4-foot-tall fence surrounding the yard and reached out to bite his arm as he passed along the sidewalk with the snowblower. He said the dogs would usually bark and snarl at people as they passed in the eight months since they had been there, however he was not worried about the barking.

Mr. Bradley said he was fearful the dogs could potentially bite his children as they passed by the fence. He said the dog’s teeth managed to cut through his insulated flannel jacket, and he showed the board the bite mark on his arm. He also told them a similar attack would be at eye level with a child.

Town Animal Control Officer Anne Eddy later told the board she received complaints about the dogs barking over the summer, and asked their owner, Jose Padilla, to keep them inside at night in the past. She also said it may not have been the first time the dogs bit someone, as a police officer reported to her that one of them allegedly snapped at his hand while he was standing near the fence in the past.

“I believe they could be (dangerous and vicious),” said Ms. Eddy in response to a question from Selectman Mark Shea.

Although Ms. Eddy said biting was a vicious act, all dogs could bite depending on the situation, and said she did not believe in breed discrimination. Ms. Eddy said she had been to the dogs’ home, observed them with the Padilla family and thought they were like members of the family and not a threat when in that environment. She said the male dog had not been neutered and may aggressively defend what it perceives to be its property. She later advised that Mr. Padilla may want to have the animals neutered in the future.

Mr. Padilla came before the board with a photo album of his two pets, which he said were expensive show dogs that had earned several awards. He said the dogs may have been responding to the noise from the snowblower when they bit Mr. Bradley, and said he wished he would have talked to him sooner before going through the process of holding a meeting with the board. Mr. Padilla also disputed that his dogs were a threat.

“My dog is not vicious,” said Mr. Padilla, who added he had been breeding dogs for over 10 years.

Mr. Padilla said he would be amendable to building a kennel to keep his dogs at bay. Selectman Burton E. Gould Jr. suggested Mr. Padilla and Mr. Bradley go into the hall and come to an agreement between neighbors, which the two men did. After returning, they said they were agreeable to the construction of a kennel to separate the dogs from the fence surrounding the property. Ms. Eddy also said she would be in favor of the plan.

However, Mr. Gould said he would not support putting the dogs into a small confined space such as a kennel, and instead motioned for the dogs to be kept indoors until the spring thaw when an 8-foot-tall fence could be constructed around the entire property in lieu of the roughly 8-foot-tall fence currently in place.

The board unanimously approved the motion, and Mr. Bradley and Mr. Padilla said they were satisfied.

Mr. Gould said he owned German Shepherds in the past, and had an understanding of them and their capabilities when explaining his reasoning for the height of the fence. Mr. Padilla said the dogs were protecting their property, and Mr. Gould agreed.

“Your animals are doing what German Shepherds do: they’re protecting you, your children and your family; but I don’t think you have them there to eat your neighbors,” said Mr. Gould to Mr. Padilla.

Also during Monday’s meeting, the board appointed David Connor as registrar of voters and John L. Morris as deputy warden of elections for the Winchendon Democratic Committee. They also held an auto dealers seminar with a representative from town counsel Kopelman and Page, Jeffrey A. Honig, who briefed invited town auto dealers on class I, II and III licenses.

nwalsh@thegardnernews.com