Two dogs that attacked a walker on Old Shirley Road several weeks ago will be confined to their keepers’ fenced property or must be leashed and muzzled if they are outside the fence. Those were the requirements set by the Select Board at a dangerousness hearing Tuesday evening. The board continued the hearing and will vote on a final decision about the dogs at its Aug. 22 meeting.
According to the dog owners, Jennifer Rulka and Cody Osgood, a gate in their fence was accidentally left open the morning of June 23. As a result, their dogs escaped and attacked Libby Levison as she walked by, biting her repeatedly. Levison credited a passing driver with helping her shelter from the dogs until Rulka arrived to call them off. Levison called 911, and both the police and the Ambulance Service responded. The ambulance crew treated her injuries and took her to Nashoba Valley Medical Center.
Harvard’s bylaws define a dangerous dog as one that “without justification, attacks a person … causing physical injury or death; or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death.”
Rulka and Cody Osgood recently moved to Massachusetts from New Jersey and are living with Kris and Kelley Osgood while looking for a new home. At Tuesday’s hearing, Cody Osgood described the two dogs as part-coonhound “mutts,” with one weighing about 40 pounds and the other 65 to 70 pounds. According to vet certificates, one dog is 2 years old, the other 4 years old.
In response to questions from the Select Board members, Levison said since the incident she has shortened her walking route to avoid passing the Osgood property. She noted she is a public health professional, so she views the event partly from that perspective. “My big learning is … I am a fairly strong person. I cannot fight off two dogs at once. And I would just encourage anybody who is in a similar situation to find help. … If you see somebody having an issue with a dog, try to help them without getting injured yourself.” She later added, “I was pretty lucky. … They didn’t get an artery, right? And I didn’t fall.”
Cody Osgood and Rulka repeatedly expressed regret for the incident. Osgood said, “We just want to first apologize to Libby. We were mortified and feel awful.” Rulka agreed, saying, “I’m extremely sorry. That day still haunts me.” The owners said they have agreed to pay Levison’s medical expenses resulting from the attack.
Since the attack, Cody Osgood said, they have put in a new fence set 30 feet farther back from the road, installed an automatic closer on the gate, and added a second lock. They have also hired a specialized trainer to work with the dogs.
Animal control officer Paul Willard told the Select Board he was satisfied the fence is adequate. If the Select Board determines the dogs are dangerous, however, state law sets requirements for their pen. It must have a secure roof. It should also have a floor attached to the pen’s sides, or the sides should be embedded at least 2 feet into the ground, to prevent a dog from digging its way out.
Town Administrator Tim Bragan said the Select Board has wide authority in dealing with dangerous dogs. But Bragan pointed out that towns are no longer allowed to banish them.
Select Board members Charles Oliver and Kara Minar both expressed concerns about the two dogs’ aggressiveness. Chair Rich Maiore agreed, saying, “I certainly want Libby and anyone who walks that road absolutely not intimidated and not to feel threatened by those animals.”
Maiore said he would like the board members to have some time to think about their decision. Meanwhile, he said, the board will put its recommendations for confining the dogs in a letter to both Levison and the dog owners, to get their input. Maiore then continued the hearing until the board’s next meeting, when it will render a verdict.
