By Dawn De Busk

Staff Writer

CASCO — The Casco Select Board has given the town attorney the go-ahead to enter into a lawsuit against the owner of multiple dogs that have been behind 81 complaints in the past year and a half.

The Town Ordinance that is allegedly being broken is Chapter 7, Section 4, which is disturbing the peace.

“It shall be a violation of this article for an owner or keeper of a dog to cause or permit such a dog to unnecessarily annoy or disturb any person by continued or repeated barking, howling or other loud noises any time during the day or night,” the ordinance states.

Such noise is allowed if the property is a licensed kennel, according to the law.

On Tuesday, the board voted, 5-0, to pursue legal action against the owner who lives on Helen Allen Lane, which is located off Farm View Road, which is accessible from Quaker Ridge Road.

Chair Eugene Connolly attended the meeting via Zoom and Vice-Chair Grant Plummer acted in the role of chair for Tuesday night’s meeting. The decision was made on the heels of an executive session, which took place prior to the regularly scheduled meeting.

Plummer explained why he voted in favor of litigation. He said part of the reason was because for the past 18 months different citizens in the area have called in or written down complaints and nothing has changed.

“We have had reports from the animal control officer, from concerned citizens,” he said. “This is not going to be an inexpensive process for the Town of Casco, but personally, I feel like it is an important one. This has been a long-term situation for the neighbors with zero cooperation from the dog-owner. We need to support the people in our community.”

Select Board member Scott Avery agreed, saying 18 months is a long time for Casco citizens to put up with an undesirable situation at their places of residence.

“The neighbors can’t even go outside and enjoy their view [near Quaker Ridge Road] without several dogs barking day in and day out,” he said.

“This gentleman is shunning the rules and shunning us,” Avery said, referring to the animal owner.

Earlier during the conversation about this agenda item, Casco Town Manager Anthony “Tony” Ward explained the history of this ordinance violation.

“The town has received numerous complaints of barking dogs going on for 18 months,” he began.

Both the animal control officer and the code enforcement officer have been involved in this case on Helen Allen Lane.

“The code officer has had 81 complaints from residents on barking dogs,” he said.

The property owner was advised that it is against a Town Ordinance to not control barking dogs unless the structure is a licensed kennel, which it appears not to be, Ward said. Then, two months ago, the resident was served a notice of violation. Again, there was no response.

The town has been keeping tabs on the activity on the property using the Animal Control Officer (ACO) Jessica Jackson, according to Ward.

“She has been documenting any calls for 18 months. We served notice in August. There was no response. They have gotten two notices of violation. It hasn’t changed any behavior,” he said.  “Any attempt [to get the dog owner to adhere to the ordinance] has been met with non-compliance and no apparent willingness to work with us.”

Plummer spoke on why legal action was probably the only avenue at this point.

“The situation with zero response, combative responses and the negativeness coming from the owner of the dogs is problematic. We have asked as many times as we can,” Plummer said.

Ward explained if the board chose to go forward with legal action, then Jensen Baird Gardner & Henry would file the lawsuit. Still, the barking dogs issue will not be resolved overnight.

“It is going to be a long process, six to eight months,” Ward said. “But, this is an activity that has continued on and on.”

Prior to the vote, Mary-Vienessa Fernades said legal action was necessary.

“Something has to be done,” she said.

Select Board member Robert MacDonald was flabbergasted by the number of complaints.

“Eight-one — that is a complaint a week. That is excessive, with the owner thumbing his nose at us,” he said.