Harwich Considers Banning Animals From Public Facilities

by William F. Galvin
Patrick Otton with his certified dog Sky at a select board meeting in town hall. FILE PHOTO Patrick Otton with his certified dog Sky at a select board meeting in town hall. FILE PHOTO

 HARWICH – The select board is considering creating a policy that would bar animals from municipal facilities.
 The presence of animals in public facilities drew attention when resident Patrick Otton, who brings his certified therapy dog Sky to select board sessions and town meetings, recently placed the animal in the select board chair’s seat before the board entered the hearing room at town hall.
 The incident drew a lot of attention on social media. Select Board Chair Jeffrey Handler said he has received 50 to 60 emails, phone calls or texts primarily protesting the presence of animals in public buildings. The calls have made it clear that a line was crossed by Otton’s action, Handler said last week.
“We’re the policy-setting board and the public has spoken very clearly they want a policy,” said Handler.
Select Board member Michael MacAskill said comments on social media were 124 to three in favor of the board setting a policy.
“I’ve had many, many, many people reach out to me,” he said. “They don’t understand why a dog walks up and puts its paws on them and a face in their face. Many, many people said they do not agree with a dog being on town meeting floor laying in the middle of an aisle playing with kids or in a select board meeting with their legs up on a patron. In general we all love dogs, but people do not want to participate in select board meetings and town meeting when relating to dogs. We need to move forward.”
“I apologize and regret my act,” Otton said last week of the placement of his dog in the board chair’s seat. “It is me you should be punishing. It was my fault, my irresponsibility and insensitivity to the board, so please punish me, not the dogs of Harwich.”
In a letter to the board, Otton said Sky is a registered therapy dog who has had obedience training and has been screened for his ability to interact favorably with humans. He is calm and well behaved, Otton wrote, and the dog’s primary purpose is to provide affection and comfort to people in schools, hospitals and nursing homes and to people with disabilities or learning difficulties. Sky makes five weekly therapy dog visits to the local elementary school, middle school, assisted living, hospital and Alzheimer’s groups, according to Otton.
“Prohibiting pets on municipal property will end and conclude Sky’s weekly visits to Harwich Elementary School and to the after-school program with Harwich Recreation at the community center,” he wrote. “At the elementary school, Sky embraces about 30 children, including those in need, and staff each week. At the after-school program again about 25-30 kids [benefit] every other week.”
 Handler said he has done research and drafted a policy based on one from Northampton. He also said the Brooks Free Library trustees have put a policy in place, but board members said they did not have time to review it
The library policy defines service animals as those trained to perform tasks for the benefit of a person with a disability. Pets, therapy dogs and emotional support animals are not considered service animals under the Americans with Disability Act.
“With the exception of service animals, no animals are allowed in the building unless with a caretaker as part of a library-approved program,” the Brooks Free Library policy reads.
According to the Northampton policy, employees are generally prohibited from bringing pets into municipal facilities, except as required by state or federal law and/or with the exception of service animals, working animals and animal control animals. "Service animals" refers to animals used to guide or provide assistance to persons with disabilities in the activities of independent living.
 In addition to providing a professional and conducive work environment, the Northampton rule responds to concerns for the health and safety of employees, citizens, visitors and other animals, according to the policy. Further, it limits potential distractions/disturbances in the workplace and addresses the town's concern about possible liability.
 Handler made it clear last week that his draft is not a policy prepared for a first reading under the board’s protocol for establishing policies, but as guidance as the board considers whether it wants to create a policy.
  Select Board member Donald Howell questioned provisions in the Northampton policy which prohibited animals in parking lots, grounds and common areas. That would mean residents couldn’t bring a dog in to get a town license, he said.
 Director of Youth and Family Services Ashley Symington urged the board to provide provisions for dogs involved in town services, such as youth and family services. Handler said there would be provisions for the town administrator to authorize use of such animals. Those include “Teddy,” used by Symington in youth and family services, and “Fritz,” police officer Thomas Clarke’s canine, according to Town Administrator Joseph Powers.
 The sense of the board was that a policy is necessary.
 Handler said he was leaving the administration office the other day and there was a beautiful, 210-pound Saint Bernard in the town hall lobby. It was a “spectacular animal,” he said, but three people in the lobby were uncomfortable in its presence.
 “The board needs a policy so that if everybody in town decides to bring their support chicken, llama, or dog to town meetings, we’d need to have a policy. I implore the board to support a policy,” said MacAskill.
 Board members agreed to hold off on a decision until they get the opportunity to review the policy already in place at Brooks Free Library. 





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