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Home My Public Portal AboutDangerous Dog Hearing - Jake 8-29-2020TOWN OF WATERTOWN Health Department Administration Building 149 Main Street Watertown, MA 02472 Phone: 617.972-6446 Fax: 617-972-6499 www.watertown-ma.gov Larry Ramdin, MPH REHS CHO Director of Public Health September 23, 2020 Kim Baker 41 Phillip Darch Road Watertown MA 02472 BY HAND RE: Dangerous Dog Hearing September 29, 2020: Dog Jake Dear NIs. Baker, Pursuant to the MGL Chap. 140§157, the Watertown Board of Health will be holding a Dangerous Dog hearing on September 29th as requested by Karen O'Reilly , Animal Control Officer (ACO) , Town of Watertown. Your presence is requested at the hearing. At the hearing you will be given an opportunity to be heard and respond to the request of the ACO to deem "Jake" a dangerous dog "Jake" has had 3 unprovoked biting incidents within the last 12 months: 8-28 2019: Bit Jason McHugh 2-12-2020: Bit Alan Beauchesne, Jake was required to be muzzled after this incident 8-19-2020: Bit Michelle Spodek. Jake was unmuzzled in public at the time. Due to the repeat unprovoked biting incidents and failure to comply with the muzzle order it has become necessary to convene the hearing to determine whether " Jake should be deemed a dangerous dog per MGL Chap. 140§157. Please find attached copies of the bite incident reports, Muzzle order dated 2-21-2020 and a copy of MGL Chap. 140§157, for your consideration and review. The hearing will be held remotely on Zoom and can be accessed as follows: The Hearing will be held on Zoom at 7:00 pm Topic: Special Board of Health Meeting Time: Sep 29, 2020 07:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://watertown-ma.zoom.us/j/91875908898 Meeting ID: 918 7590 8898 One tap mobile +13017158592„91875908898# US (Germantown) +13126266799„91875908898# US (Chicago) Dial by your location +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) 877 853 5257 US Toll -free 888 475 4499 US Toll -free Meeting ID: 918 7590 8898 Please feel free to contact me if I can provide any further information to assist you. Sincerely 7 Larry Ramdin, MPH MA, REHS, CHO, CP-FS, HHS Director of Public Health cc Karen O'Reilly Animal Control Officer Watertown Animal Control 149 Main Street Watertown, MA 02472 Phone: (617) 972-6446 BITE CASE REPORT Bite ID: 136 Status: Closed Overview Printed: 09-23.2020 08:09:26 AM Date: 08-28-2019 10:00:00 AM City: Location: Philip Darch Road, Watertown, MA 02472 ACO: Karen Oreilly Persons involved Bite Vicitm Jason Mchugh 31 Philip Darch Road Watertown, MA 02472 Animal Information Owner of animal when occurred Kim Baker 41 Philip Darch Road Watertown, MA 02472 No specific animal is associated with this bite case Lab / Testing No specific animal Is associated with this bite case Notes Note ID: 2846 Date: 09-09-2019 09:25:48 AM Aco Report from Aco.Karen Oreilly On August 28, 2019 at approximately 10:00 AM I received a report of a dog bite on Philip Darch Road involving a child. Upon arrival I met with Diane Murphy from Watertown Housing. !learned that a group of children approached the dog Jake and owner Kim Baker. Jake jumped on Jason McHugh, 8 years old, and bit him on the back of his left upper arm. Baker states that McHugh was scratched and not bit. Baker was Issued the 10 -day rabies quarantine for Jake. Our page footer text here Printed using Shelter Pro Watertown Animal Control 149 Main Street Watertown, MA 02472 Phone: (617) 972-6446 BITE CASE REPORT Bite ID: 146 Status: Closed Overview Printed: 09-23.2020 07:57:24 AM Date: 02-12.2020 01:30:00 AM City: Location: 41 Philip Darch Road, Watertown, MA ACO: Karen Orellly Persons involved 02472 Bite VIcltm Allen Beauchesne 195 Barbara Road Waltham, MA 02463 Animal Information Owner of animal when occurred Kim Baker 41 Philip Darch Road Watertown, MA 02472 Species Breed Crossbreed Gender Primary color Age Size DOG ID#:832 AMERICAN PIT BULL TERRIER MIXED BREED MALE/STERILIZED BRINDLE Lab / Testing Test Type Test Method Sent to lab Pet Name JAKE License Vacc ID Microchip Registration Collar Type Collar Color Current Owner Kim Baker 41 Philip Darch Road Watertown, MA 02472 Notes Result Result Date Victim Notified Note ID: 3082 Date: 02-13-2020 07:29:28 AM Aco Report from Aco.Karen Oreilly On February 12 2020 al approximately 1:35 PM I responded to Philip Darch Road for a reported dog bite. Officer Menton responded prior to me and took statements. Please refer to WPD Incident# 20 -3157 -OF for detailed account. In short, Kim Baker's son Jordan Broughton, was walking her dog Jake when the dog bite occurred. The victim, Alan Beauchesne, was walking on Philip Darch Road and Broughton crossed the street in his direction. The dog began lunging and Broughton could not control the dog. Jake jumped on and bit the victim on right upper calf causing puncture wound. I discussed with Ms. Baker that if there was one more incident with Jake we will be holding a dangerous dog hearing. I recommended putting a muzzle on Jake when he is outside her unit. She was agreeable and stated she would buy one as soon as she got paid. I subsequently sent a letter documenting this conversation and included a muzzle order. A copy was sent to WPD and WHA. Our page footer text here Printed using Shelter Pro Larry Ramdin, MPH, REHS, CHO, CP-FS Director of Public Health February 21, 2020 Kim Baker 41 Philip Darch Road Watertown, MA 02472 Dear Ms. Baker, TOWN OF WATERTOWN Health Department Administration Building 149 Main Street Watertown, MA 02472 Phone: 617-972-6446 Fax: 617-972-6499 'Wwv. waterrown-ma.gov On February 12, 2020 the Town responded to a second dog bite incident involving your dog Jake. Thank you for your cooperation with the 10 -day rabies quarantine. Per our conversation we both agree that a next step to prevent any further incidents would be to muzzle Jake when he is outside of your dwelling. The Watertown Animal Control Ordinance § 91.09 (G) states in part, "No person shall own or keep in the Town any dog... which by biting... endangers the safety of any person." A muzzle order is being issued for Jake. 'When removed from your premises, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device not exceeding 3 feet in length. ' Please understand that this step is an attempt to resolve this issue in lieu of holding a dangerous dog hearing. If this remedy is not successful and if one (1) more incident is reported involving Jake, a dangerous dog hearing will be scheduled in accordance with MGL Chapter 140 § 157 Nuisance and Dangerous Dogs. We have appreciated your cooperation in the past and also appreciate your anticipated compliance with this matter. Feel free to contact this office with any questions (617) 972-6446. (Sr ceerrely, 'K.a�- U'R ren eilIy,'MVl�7S Animal Control Officer Animal Inspector CC Diane Murphy, Watertown Housing Authority Sgt. George Demos, Watertown Police Department Watertown Animal Control 149 Main Street Watertown, MA 02472 Phone: (617) 972-6446 BITE CASE REPORT Bite ID: 161 Status: Closed Overview Printed: 09-22-2020 01:32:44 PM Date: 08-19-2020 05:00:00 PM City: Location: 34 Grant Avenue, Watertown, MA ACO: Karen Oreilly Persons involved 02472 Bite VIcitm Michelle Spodek 170 High St Waltham, MA 02453 Animal Information Owner of animal when occurred Kim Baker 41 Philip Darch Road Watertown, MA 02472 Species Breed Crossbreed Gender Primary color Age Size DOG 1139: 832 AMERICAN PIT BULL TERRIER MIXED BREED MALE/STERILIZED BRINDLE Lab / Testing Test Type Test Method Sent to lab Pet Name JAKE License Vacc ID Microchip Registration Collar Type Collar Color Current Owner Kim Baker 41 Philip Darch Road Watertown, MA 02472 Notes Result Result Date Victim Notified Note ID: 3335 Date: 08-20-2020 01:00:00 PM Aco Report from Aco.Karen Oreilly On August 191h 2020 at approximately 5:00 PM, Michelle Spodek, a letter carrier, was al the back of her work vehicle sorting mail on Duff Street. Spodek slates a dog on a long leash circled from front of truck, pulling on its owner, and grabbed onto her right calf with his teeth causing injury. Spodek asked for the owner's information and the dog owner stated that her name was Kelly (with a Y) Baker and lived at 45 Philip Darch Road. I was able to determine the dog owner was Kim Baker at 41 Philip Darch and the dog involved was Jake. I previously issued a muzzle order to Ms. Baker for Jake on 2/21/2020 after a second bite incident. Spodek slates Jake was not wearing a muzzle during the incident. Later in the day she was taken to Mount Auburn Hospital for treatment of the wound. After issuing 10 -day quarantine I spoke with Baker who confirmed the circumstances surrounding the Incident but stated that the wound was caused by a scratch and not a bite. I then spoke with Spodek who staled that she was definitely BIT and not scratched. Our page footer text here Printed using Shelter Pro General Law - Part I, Title XX, Chapter 140, Section 157 Page 1 of 7 Part I ADMINISTRATION OF THE GOVERNMENT Title VC PUBLIC SAFETY AND GOOD ORDER Chapter LICENSES 140 Section 157 NUISANCE OR DANGEROUS DOGS; ORDERS FOR REMEDIAL ACTION; APPEAL; VIOLATION OF ORDER Section 157. (a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the city or town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the following circumstances: (1) the dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; (2) the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog; hops:/hnalegislature.gov/Laws/GeneralLaws/Partl/Tit1eXX/Chapter140/Section157 9/14/2020 General Law - Part I, Title XX, Chapter 140, Section 157 Page 2 of 7 (3) the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or (4) at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated, fenced -in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing. The hearing authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a nuisance dog; or (C) deem the dog a dangerous dog. (b) If the hearing authority deems a dog a nuisance dog, the hearing authority may further order that the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior. (c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following: https://rnalegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section157 9/14/2020 General Law - Part I, Title XX, Chapter 140, Section 157 Page 3 of 7 (i) that the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; (ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that "confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog; (iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; (iv) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon littps://malegislature.gov/Laws/GeneralLaws/partI/TitleXX/Chapter140/Seetion157 9/14/2020 General Law - Part I, Title XX, Chapter 140, Section 157 Page 4 of 7 request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance; (v) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification; (vi) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; or (vii) that the dog be humanely euthanized. No order shall be issued directing that a dog deemed dangerous shall be removed from the town or city in which the owner of the dog resides. No city or town shall regulate dogs in a manner that is specific to breed. (d) Within 10 days after an order issued under subsections (a) to (c), inclusive, the owner or keeper of a dog may bring a petition in the district court within the judicial district in which the order relative to the dog was issued or where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by the court or a magistrate of the court. After notice to all parties, the magistrate shall, under section 62C of chapter 221, review the order of the hearing authority, hear the witnesses and affirm the order unless it shall appear that it was made https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section157 9/14/2020 General Law - Part I, Title XX, Chapter 140, Section 157 Page 5 of 7 without proper cause or in bad faith, in which case the order shall be reversed. A party shall have the right to request a de novo hearing on the complaint before a justice of the court. (e)(1) Pending an appeal by an owner or keeper under subsection (d), a hearing authority may file a petition in the district court to request an order of impoundment at a facility the municipality uses to shelter animals for a dog complained of as being a dangerous dog. A municipality shall not incur liability for failure to request impoundment of a dog under this subsection. (2) A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a humane place of detention that the municipality uses to shelter animals; or (iv) any other action as the court deems necessary to protect other animals and the public from the dog. (0 A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Based upon credible evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section157 9/14/2020 General Law - Part 1, Title XX, Chapter 140, Section 157 Page 6 of 7 (g) If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the city or town for all reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals process, if any. Unpaid costs shall be recovered by the municipality in which the owner or keeper of the dog resides on behalf of the hearing authority by any of the following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or keeper of the dog. All funds recovered by a municipality under this subsection shall be transferred to the organization or entity charged with the responsibility of handling dog complaints and impoundment. If the organization or entity falls under the management or direction of the municipality, costs recovered shall be distributed at the discretion of the municipality. If the court overturns an order of euthanasia, the city or town shall pay all reasonable costs incurred for the housing and care of the dog during any period of impoundment. (h) If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. If the keeper of the dog is in violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the hearing authority, within 7 days, for the return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years. A hearing https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section157 9/14/2020 General Law - Part I, Title XX, Chapter 140, Section 157 Page 7 of 7 authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days. (i) Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under subsection (d) or (f). https:/hnalegislature.gov/Laws/GeneralLaws/Partl/Tit1eXX/Chapter140/Sectionl 57 9/14/2020