ORANGE — A local business owner has until June 19 to appeal the Selectboard’s decision to euthanize one of his dogs, which reportedly has bitten three people within four months.
Rodney Cofske said on Monday that he intends to file a petition with a local District Court judge and he was awaiting the official paperwork via certified mail.
“I’m not putting the dog down,” he said inside Northeast Auto’s front office.
The Selectboard’s meeting on June 3 included a 53-minute hearing to determine the dangerousness of a 2-year-old mixed-breed dog named Davidson. The board heard from two of the alleged bite victims and Cofske before voting unanimously to deem the dog dangerous and to order that the dog be euthanized to protect residents. This hearing immediately followed a separate one in which Selectboard members gave Cofske a list of requirements regarding Orion, one of his other dogs, who allegedly gets loose often.
“What’s odd about this case is this is not a dog that is getting off the property,” Janelle Caron, an officer with North Quabbin Regional Animal Control, told board members about Davidson. “This dog has bitten three times — all three times, it has been on the property. Two of them, it sent people to the hospital. They all sustained pretty significant bites.
“I’ve never had to deem a dog dangerous on its own property before,” she added.
Davidson resides at Northeast Auto at 23 Eagleville Road. Cofske, who lives elsewhere, described him as a guard dog, saying he wants to protect himself and his business out of concern over break-ins and robberies. He has owned the business for about 10 years.
Caron said the people who were bitten were customers who were allowed to be on the property and were not trespassing.
“When they open in the morning to when they close at night, it’s reasonable that anybody should be able to walk through that office door and be safe and not be attacked,” she said.
Caron reported that the incidents occurred on Jan. 6, Feb. 16 and April 21. She explained one of the victims was an older woman with her 11-year-old grandchild. Caron said she fears what might happen if Davidson gets a hold of a child.
Selectboard member Reid Jeffries “Jeff” Anderson Jr. asked if the dog was ever provoked and he was told that did not happen.
Caron said the first bite occurred when a customer walked through the garage’s bay. The second, she said, happened in the business’ office. The third also took place inside the 3,200-square-foot building. One of the alleged victims is an O’Reilly Auto Parts delivery driver.
But Cofske argued against North Quabbin Regional Animal Control’s narrative. He disputed the older woman’s claim, insisting there is no way Davidson’s leash would have allowed him to reach her.
Cofske said Davidson is a gentle animal until he is frightened or threatened, in which case he becomes aggressive.
“That’s his job, to protect. That’s what he does. He is a sweet dog, if he knows you,” he told Selectboard members. “Once he knows who you are, he doesn’t care.”
But Selectboard member Alexandre Schwanz chimed in to say Northeast Auto is a place of business and it is reasonable to expect that not everyone who enters the property will be known to the owner’s dog.
Cofske noted there are “Employees Only” signs posted on his building.
The canine was ordered to be muzzled after the first two bites, and Selectboard members asked how he was able to bite another person. Cofske said he hadn’t yet started his workday and the grandmother walked in unexpectedly.
Before the vote to euthanize Davidson, Anderson said the public has a reasonable expectation of safety, and it is the Selectboard’s responsibility to ensure it.
Nuisance dog hearing
The earlier hearing pertained to Cofske’s dog Orion, a 5-year-old pit bull. The dog was deemed a nuisance by the Selectboard in October for frequently getting loose, and Cofske was asked to keep him tied up until a fence was built.
“Just a couple months ago, we started getting complaints again,” Caron said on June 3. “Since the hearing, the dog has now been loose an additional four times. It seems that the fence was not put up, the dog is not being kept on a leash, and we’re back in the same boat as we were last year, when we had the hearing.”
Caron’s recommendation is to rehome Orion or find a licensed shelter or rescue group to surrender him to. She explained he got loose on April 30, May 2, May 4 and May 13.
Cofske said he installed a 5-foot wall along the 150-foot backside of his property after the Oct. 1 meeting. According to Cofske, the reason Orion escaped is a 4-foot gap between two unconnected property fences, and he put up a makeshift fence to keep the dogs in. However, he said numerous neighbors have removed the makeshift fence to get to the nearby Dunkin’ and Honey Farms convenience store.
He said he took it upon himself to purchase and install a 6-foot steel gate to fill the gap, and that Orion is now on a leash during business hours, except for when he is let off to relieve himself behind the building.
Caron said her biggest concern is that the dog will be struck by a vehicle, or a motorist will be injured swerving to avoid him. She acknowledged that Orion is a very friendly animal.
“I don’t want to see this dog get hurt, you know?” she said.
Selectboard Chair Julie Davis also mentioned that Davidson and Orion had been unregistered dogs, and Cofske assured the Selectboard on Oct. 1 that he would rectify that issue the following day. But, Davis said, the dogs were not registered until June 2. She said this demonstrates a pattern of non-compliance.
The dog hearing pertaining to Orion was continued to Wednesday, July 1, at 5:30 p.m.
Cofske has been asked to provide proof of insurance, proof of an outdoor enclosure that fits the required specifications and proof of some reconfiguration of the business’ office area.
