SOUTH HADLEY — The fate of a 3-year-old Saint Bernard named “Ziggy” is in question once again after the town appealed a clerk magistrate’s decision not to euthanize the dog.
A hearing on the appeal will be held next Wednesday at 9 a.m. at the Eastern Hampshire District Court in Belchertown.
The South Hadley Select Board voted to euthanize Ziggy on Aug. 8 at the recommendation of the town’s animal control officer, who deemed the animal a threat to public safety. The dog’s owner, April Marion, appealed the decision, which was granted by Clerk Magistrate William P. Nagle Jr. on Oct 10.
The Select Board said the animal chased postal workers, attacked neighbors, and that Marion had failed to properly restrain the animal after several notices. Marion euthanized her other dog Tiara, Ziggy’s mother, in May related to the attacks.
Marion’s attorney, Thom Page, has argued for relocating Ziggy instead of euthanization. The town’s animal control officer, McClair W. Mailhott, previously said the animal is a “menace,” and that it lacked the proper permits and rabies innoculation.
Richard P. Todrin, 74, was attacked by the animals in May and said he would like to see Marion face jail time for negligence instead of seeing the dog pay the price.
Until a decision is reached, Marion will remain under the same orders imposed by the Select Board in May 2016. In accordance with Massachusetts law, Marion has to buy a $100,000 insurance policy for dog bites and keep the dog restrained and muzzled on walks.
The court’s decision on Wednesday will be final. If Marion is found at fault, she will be responsible for “all reasonable costs incurred for the housing and care of the dog” during its impoundment by the city. If the clerk’s decision is upheld, the town will be responsible for the costs.
