...not Mr. Murphy (or Ms. Murphy for that matter), but Murphy, a golden retriever who was walking with his owner in Newton Centre. Murphy did not have a leash.
Seems you don't have to be human to be subject to the laws of Newton, MA.
Dog has his day in court
By Kate Shaughnessy/ Staff Writer
Wednesday, June 15, 2005
A golden retriever named Murphy is waiting for his day in court after receiving a $50 ticket because his owner took him for two walks without a leash.
The dog's owner, Steven Dean, admits that he has had Murphy off leash in Newton Centre, but can't figure out why the pet was the one who received the fine in Thursday's mail.
"Murphy doesn't have any money, so I don't know how he's going to pay it," Dean said with a laugh Sunday night.
Newton Police fined Murphy $25 for not having a leash and $25 for not being licensed when Animal Control Officer John O'Connell stopped him and his master on June 3. The ticket gives the canine the option of paying the fine or requesting a hearing.
"He can't read, so I signed it on his behalf, requesting a hearing," Dean said. "I don't even know if they'll let him into the courthouse."
Court Magistrate Henry Shultz said that in his 35 years at the Newton District Court, he has never heard of a dog receiving a ticket.
"I think Murphy's the first offender," he said Monday. "We've had people bring their dogs into the courthouse, but not like this."
Dean said he brings 3-year-old Murphy to work with him every day at his Beacon Street auction business. Murphy also comes along when Dean is on the road.
First halted in March for having a leashless dog, Dean explained he was puppy-sitting for his tenant who could not bring the dog to work. When he needed to go for a short walk in Newton Centre, Dean brought both dogs, but only had one leash.
"The puppy wasn't as trained," Dean said. "Murphy can walk off leash, he's very well behaved. I understand it's against the law, but it's not like he was wandering the streets of Newton."
Officer O'Connell stopped Dean and told him both dogs needed to be on leashes. Dean said he explained the situation to the officer and gave him his name and address, but never received a ticket.
The second incident occurred when Dean and Murphy were walking to Mailboxes Etc., which he said he frequently visits with Murphy and is close to his office.
"They all know Murphy there," he said. "It's two doors down, and so I don't always use the leash."
The same officer spotted Dean and again instructed him to put a leash on Murphy. He also asked Dean if Murphy was licensed, which Dean admitted he was not. (Murphy has since been licensed.)
Dean said O'Connell did not ask for his name or address this time, but looked at Murphy's dog tag, which lists the dog's name and address as they appeared on the ticket.
"I really don't know what the circumstances are," Shultz said. "[The officer] may have gotten the spaces messed up on the ticket."
O'Connell could not be reached for comment as of deadline.
Laughing, Shultz added: "Murphy is a common name, so we assumed it was a person."
When Dean brought Murphy's unusual ticket to the court for instructions, the court employees were "just on the floor laughing, none of them had ever seen anything like this," he said.
"In the seriousness of the tragedies that we see in the courthouse, once in a while something comes along that strikes you a little funnier than others," Shultz said. "You get a little levity. What are we going to do if Murphy appeals to a higher court?"
Until the hearing, Dean said he'll be keeping a close watch on his criminal canine.
Kate Shaughnessy can be reached at kshaughn@cnc.com.
Dog gets ticket, owner gets laugh