Lafayette dog owner pepper-sprayed, then ticketed, after confrontation

The Daily Camera (Boulder) ^ | 9/16/10 | Heath Urie

[MissTed]

A Lafayette cyclist charged by two dogs while riding along Boulder County open space on Thursday used pepper spray on both animals and their 66-year-old owner, who was then ticketed by police.

Erich Toll, a 47-year-old video producer, was riding on a trail near Indian Peak Golf Course at about 11 a.m. when Peter West's dogs -- a 98-pound boxer and a diminutive American Eskimo -- came after him. Toll said he felt threatened, so he grabbed his pepper spray.

"I carry pepper spray because of the dogs," Toll said. "I'm not going to get bit."

He said he sprayed the dogs in the face, and West came running after him. Toll said he fell on his bike and was still clipped into the pedals, so he sprayed West out of self-defense.

"He was about to start hitting me, and I had no way to defend myself," Toll said. "A lot of fear happened really quickly."

Lafayette police and Boulder County sheriff's deputies who responded to the fight determined after interviewing both men that Toll was within his right to defend himself from both the dogs and their owner.

Although a sheriff's deputy said the cyclist probably overreacted, he was not ticketed.

West was written a $55 ticket for having a dog at large.

Terri Snyder, an animal control officer for Boulder County, said West should have had his dogs within "voice control" at the time of the incident. West's property is next to Boulder County open space, so while he lives in Lafayette -- where dogs are required to be on a leash -- they can run free on the county land if they immediately obey verbal commands.

Snyder said the dogs didn't obey West when he called to them, so she gave him the ticket.West, who owns Remington West Cars in Boulder, said he saw his dogs sprayed, then called 911 and ran out to gather his pets when Toll sprayed him in the face.

"My nose is still burning," West said.

He said the dogs were no threat to Toll, and he denied physically threatening the cyclist.

"I've walked my dogs here for 35 years," West said. "My dogs are harmless and don't bite anybody and never have."

He said the smaller dog, an American Eskimo named Olivia, has a bigger bark than bite. His larger boxer, Mars, "will lick you to death" but wouldn't attack people, West said.

Toll said he isn't buying it.

"The white one wants my flesh," he said.

West acknowledged having been previously ticketed by the city of Lafayette for having his dogs off leash. Toll said he was responsible for calling authorities about that incident, too, and that the men have had an ongoing dispute over the dogs for years.

West said he's lived in the neighborhood for more than three decades, and remembers when open fields surrounded his house. Now, he said, development has brought more people to the area, increasing conflict on the surrounding trails.

West said he might fight the ticket. If he does, he'll be expected in court Nov. 4.

[dljordan]

“My neighbor has 3 retired hunting dogs....they are not only controlled by voice but also hand....they other night when I was walking my pooch his girls wanted to visit us and through a hand gesture they all came back to him....one did come to greet us but she was released by him, all done with a hand gesture.....call me impressed “

I saw a Lady at the park last week who was in complete control of her dog. He never even looked at the other dogs.