A rescue husky is declared dangerous after a series of attacks

Neighbors tell select board that Zouk's owner is unable to control him

EASTHAM -- The select board has determined that a young husky mix that lives with its owner at 80 Linda Lane is a "dangerous dog," a designation based on certain behaviors, according to state regulations. In this case, the decision follows several reports of the dog running loose in the neighborhood, attacking and killing pet ducks and biting a chihuahua.

During the board's March 9 hearing on the one-and-a-half-year-old neutered male animal, named Zouk, the dog's owner, Maryellen Kelley, said she had adopted him from the animal control officer in Randolph in late October. Kelley described the dog as lively, friendly, and playful. But neighbors presented a different picture of Zouk, saying he posed a danger to their pets and to neighborhood children.

After determining that Zouk was dangerous, the board voted to require that he be kept indoors or in a locked outdoor kennel on Kelley's property with a secure roof and sides embedded at least two feet in the ground. When taken off Kelley's property, Zouk must be muzzled and restrained with a chain or strong leash no longer than three feet.

If Kelley fails to comply, she will be fined $500 for a first offense and $1,000 for each subsequent offense. The designation "dangerous" also gives the town authority to impound Zouk following any violation until a district court judge decides the dog's fate.

Animal Control Officer Emily Dykstra said calls about Zouk running loose began shortly after his adoption by Kelley last fall. "Often Zouk still has his leash attached to his collar," Dykstra said in her written report to the select board. "Ms. Kelley has told me that she struggles to control Zouk."

During the hearing, one neighbor reported seeing Kelley pulled to the ground by the dog on two different occasions.

Kelley, 77, told the select board that an injury to her cervical spine, caused by a car accident, has resulted in weakness in her hands and that she intends to have the problem surgically repaired.

According to Kelley, Zouk is on medication for anxiety and depression related to his experience with a previous owner. He has had little socialization with other dogs, she said.

"The issues to me are difficulty on a leash, walking, and jumping on visitors," said Kelley. Zouk weighs about 65 pounds.

Up until Jan. 22, complaints about Zouk were limited to running loose, Dykstra said. On Jan. 22, he attacked and injured a neighbor's chihuahua.

Celeste Hanlon, who lives at 105 Gigi Lane, testified that she was getting into her car with her dog, Sookie, when "out of the blue, this very large husky dog made a beeline for my 7.5-pound chihuahua, attacked her, and kept attacking her."

She was able to get Sookie away from Zouk. "I had to run back into my house with the dog following me, right on my ass," Hanlon said.

Sookie was treated by a veterinarian for "two large puncture wounds from the dog's teeth," Hanlon said. Calling it a terrifying experience, she added, "To me, maybe it's time to get a cat, or not a large dog because this woman is unable to control the dog."

Kelley said that Zouk had escaped when she was handing off the leash to a dog walker.

On Jan. 27, Zouk got into a fenced yard through a small opening created by the snow and attacked three ducks, leaving one dead; a second duck was left paralyzed and was later euthanized; the third, which Zouk had in his mouth as he ran away, was never found.

Megan Deweese, who lives across the street from Kelley at 115 Linda Lane, told the select board that she ran outside and, wielding a snow shovel, tried unsuccessfully to scare the dog. "He's biting the ducks, and they're screaming and running," Deweese said. "I started hitting him with the shovel, but he didn't back down."

Derek and Megan Deweese have two sons, seven and eight years old, and a 14-year-old daughter, who keeps ducks as pets. Her children, she said, now fear they might be attacked by Zouk.

"My daughter has to walk by Maryellen's to the bus stop every day, and she's afraid," Megan Deweese said. She added that her two sons are now afraid to play outside even in their fenced-in yard.

Kelley told Deweese that Zouk slipped his collar after chewing through it.

"The dog is big and strong and obviously energetic," Deweese said, adding Kelley "can't physically handle a dog of that caliber."

Victoria Robinson, who lives next door to Kelley, testified that Zouk had attacked her young golden retriever last November. Her 16-year-old daughter was outside with the dog, and "she had to act as a human shield to protect our puppy from Zouk." After getting the puppy into the house, her daughter called her, terrified, she said.

One man testified that Zouk had bitten his hand. It was bruised, but the skin was not punctured, so he hadn't reported the incident to the police, he said.

Kelley said Zouk has an enclosure that he has not escaped from. He gets loose while being walked. A trainer has been working with Zouk for about a month, Kelley said, and the dog had shown improvement while on his leash.

The select board members, who decided unanimously that Zouk was dangerous, were sympathetic to his circumstances and expressed concern that being confined in a kennel could make him even more energetic when he is let out.

"All I can say is it's a sad life for that dog," said select board member Aimee Eckman following the vote.

"Everybody in this room wants Zouk to be successful," Town Manager Jacqui Beebe told Kelley. But she added that "the primary responsibility of this board is to keep people from harm. If he is loose again, he will be impounded."