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Keene board rejects leash law changes

KEENE — The controversial proposed Comprehensive Dog Control Law for the town of Keene, was voted down by the board, 3-2, at the board’s regular meeting Tuesday.

For the time being, Keene Local Law Number 1, 1998, “A local law relating to the keeping or running at large of dogs and the seizure thereof within the town of Keene,” will remain in effect. Copies of this law are, as usual, available at the Keene Town Hall.

All of the board members were present. Supervisor Joe Pete Wilson and Chris Daly voted in favor of adopting the law. Robert Biesemeyer, Ann Hough and Teresa Cheetham-Palen voted no.

Three public hearings were held before the final vote on the proposed dog control law, one on Jan. 14, one Feb. 18 and the third on March 27. All were well attended and all were contentious. The first hearing, attended by 15 townspeople, became heated at times and ended in a draw, with the board unable to reach a majority. No vote was taken at the second or third hearing.

In the proposed dog law, the main change from the 1998 dog law, and the main source of controversy, was the leash law, “Section 9- Leash.” There was also considerable protest against the possible penalty of “imprisonment not to exceed 15 days” for violation of the local law.

The proposed leash law forbids unleashed dogs “to be on any street or other public place in the town of Keene.” A leash is not to exceed 12 feet in length.

At the March hearing, Jeannie Cross said, speaking of the proposed dog law, “I’m still in favor. It’s very well written. … I just don’t see it’s a burden. No big deal, not a hassle, not a problem.”

In a message delivered to be read at the March hearing, Larry Shotmaker wrote “This law makes life more restrictive for those who live here … the proposed law affects the quality of the life of residents.”

At the same hearing, Christina McGuire called the law “too broad,” adding that it “goes too far and makes life less hospitable for full-time residents.”

According to both the existing 1998 law and the proposed Comprehensive Dog Control Law, anyone whom the DCO or other authorized officer reasonably believes has violated the leash ordinance is to be served with an appearance ticket — to appear in court. If convicted, this person “shall be subject to a fine not exceeding $250 or imprisonment for a period not exceeding 15 days.” Many Keene residents expressed the opinion that they considered the proposed law to be too harsh.

The jail term is included in the 1998 local law which is still in effect.

At the public hearing in March, Jim Gorman said that it is “unnecessary to include the provision for imprisonment as a penalty,” making the point that just because this was in the 1998 law does not mean it has to be included in the new dog law.

While the board held two public hearings and continued to work on the proposed local law with Keene’s attorney, Brian Liam Kennelly, no revisions were made to the leash section or to the existing penalty section of the 1998 law, which caused some residents to complain that the board “was not listening.”

This led Cheetham Palen to explain that, on the contrary, she WAS listening. The problem was she was listening to many people with many divergent opinions which did not jibe with each other. Others were in favor of the new restrictions. Opposing points of view among town residents, rather than tending toward compromise led to an impasse.

At the March 27 meeting and at the regular meeting this week, however, Wilson suggested exceptions to the mandatory leashing of dogs within the town. He mentioned the oval at Marcy Field on days when there is no Farmers Market, the Town trail at the Airport, the jackrabbit Trail and the Bark Eater Trails Alliance (BETA) trail at State Route 9N.

“I’m opposed to the law,” Biesemeyer stated. “I don’t think it’s a dog friendly law.” He had suggested a revision to establish a stricter leash law within the hamlets as a practical solution, which was not incorporated in the proposed law. “Big dogs need exercise,” he said, adding that they don’t get adequate exercise while on a leash.

“We don’t have a dog problem,” said Hough, who voted against the adoption of the new law, saying “I would vote to put this law on hold.” She suggested basing Keene’s revised dog control law on the one enacted by the town of Jay. Jay’s law has “clearly defined behaviors, what is acceptable and what is not. It is very clear and very thorough. I think our community would be much better served (using Jay’s law).”

At the Tuesday meeting, Cheetham-Palen said she has received many different opinions from constituents, who are not in agreement about what needs to be done with the dog ordinance. Apparently there is no clear-cut way to please everybody. She voted against the adoption of the new law.

Daly, who voted in favor of adopting the proposed law, said that he concurred with Cheetham-Palen. “This has been an effort to balance competing interests …. Not everybody will agree.”

Wilson said the board has been working on revision of the dog control law for two years, and stipulated that the issue can be taken up again by strategic planning work groups for Keene’s “master plan” of April 2026.

Keene’s current Strategic Plan was commissioned in the Spring of 2019 and adopted by the town board in 2021 to provide a guide for future town planning. Residents formed work groups to map out objectives in the areas of achievable housing, health care and seniors, child care and preschool, hiker Parking and Recreational Infrastructure and short-term rentals. After five years — in 2026 — the plan is set to be updated, possibly to include a revised dog law.

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