Town reaches agreement with Richmond farmer over guard dogs

Posted Monday, October 29, 2018 5:57 pm

RICHMOND — The town and local farm owner Thomas Gardner have resolved a monthslong legal dispute over guard dogs declared dangerous by the Select Board.

Gardner has agreed to abide by a Select Board order imposing conditions to keep the public safe from any further attacks by the dogs, according to a legal stipulation set to be filed with the Central Berkshire District Court in Pittsfield.

He won several concessions in negotiations between his attorney, Andrew M. Hochberg, of Pittsfield, and the town's attorney for the case, Donna MacNicol, of Greenfield. The agreement is "fair and appropriate," Hochberg told The Eagle on Monday.

The Select Board on May 24 issued an order requiring Gardner to take a series of wide-ranging restrictions to safeguard the public in the wake of a series of attacks by the Maremma dogs, which Gardner keeps to protect his sheep. The guard dogs are bred in central Italy and trained to guard livestock.

There have been three documented incidents in which people were injured by the dogs on or just outside the farm since the summer of 2017.

- Town resident Verne Tower filed a formal complaint in the wake of a March 16 attack that caused him multiple puncture wounds. He was attacked as he tried to get at least five dogs back on Gardner's property after they had escaped through a gate blown open by high winds.

- Robert Hoogs of Foresight Land Services was bitten by several of the dogs in May when he arrived to do some contracted work on Gardner's 29-acre property. That attack prompted animal control officer John Springstube to place Gardner's canines under quarantine for the third time in nine months.

- In August 2017, Cody Edgerly, a 21-year-old college-student solicitor, was bitten by the dogs while soliciting support for a public interest advocacy group.

The legal settlement dated Monday notes that three of the guard dogs identified as involved in the attack on Tower had been euthanized by Gardner before May 31 on his farm at the intersection of State and Swamp roads. Four other dogs have died of natural causes since May 31.

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Sixteen dogs remain on the property, but through attrition, Gardner will be allowed to keep no more than 14, and not acquire any additional Maremma guard dogs besides those remaining at present. The original Select Board order had limited him to keeping only four dogs through attrition.

All remaining dogs over 9 months old now have been spayed or neutered, as ordered by the town.

Other conditions listed in the court settlement include:

- Solidly constructed, electrified fencing, operational 24/7, enclosing the entire property, 6 feet high and built so dogs cannot tunnel under the fence, and preventing the canines from seeing neighboring properties through the fence.

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- Town agents will periodically inspect the property on designated dates so Gardner may be present. The board originally had wanted unannounced inspections.

- Color-coded collars identifying the remaining dogs, with a list and descriptions provided to the Richmond Town Clerk.

- Signs, as approved by the Select Board, displayed at all entrances to the property reading: DOGS WITHIN — DO NOT ENTER. The board had originally sought stronger wording: WARNING — DANGEROUS DOGS.

- Automatic-closing, self-latching gates maintained in good working order.

- A 6-foot-high outer gate with a crossbar lock surrounding the property, as approved by the Select Board.

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- An inner walk-through double gate, auto-closing and self-latching, already installed and inspected by the board.

- A bell already installed and approved on an outside post instructing the public to ring and wait for assistance.

The settlement also requires Gardner to maintain "for as long as he is able to obtain it" a liability insurance policy with maximum coverage of at least $500,000 for payment of any claims made for harm caused by his dogs. The board originally had sought $100,000 of coverage.

He is also required to notify the town within 24 hours of any incidents involving dog bites or attacks on people, any dog that escapes fencing, or if he is no longer able to obtain the required insurance "from any reasonable source."

Gardner may relocate the Maremmas outside the town but cannot move them within the town except for legitimate purposes such as veterinarian services.

Hochberg, Gardner's attorney, filed the appeal last June, describing the Select Board's orders and conditions as "arbitrary and capricious," exceeding the board's authority.

Town records had listed 21 dogs licensed to Gardner, though he told The Eagle in May that his canine population had declined to 19. He owns a flock of sheep, as well as chickens and guinea fowl. He explained that he keeps the guard dogs to prevent his flocks from being slaughtered by predators such as coyotes.

Gardner, who was out of town Monday, could not be reached for comment.

Clarence Fanto can be reached at cfanto@yahoo.com, on Twitter @BE_cfanto or at 413-637-2551.