NORTH ATTLEBORO - The owner of a German shepherd exiled from town for barking has filed an appeal in Bristol County District Court.

Selectmen had ordered Eduardo Perez to remove the dog, named Lucy, from 28 Smith St., after hearing from neighbors who allege they have endured almost four years of barking from the dog.

Perez had until Monday to either place the dog in a home outside North Attleboro, turn Lucy in to the North Attleboro shelter for placement elsewhere or file an appeal of the decision.

Animal Control Officer Karen Fontneau said she received notification that an appeal had been filed on Friday at Wrentham District Court, since the Attleboro District Court building is still closed because of fire damage.

Fontneau said she has been in contact with Town Counsel Roger Ferris, who will handle the case on the town's behalf. During selectmen's June 25 public hearing on the matter, Fontneau said she has received 27 complaints and made 50 follow-up calls regarding Lucy's barking. She made several recommendations, including the use of a bark collar, which is designed to stop the dog barking.

However, Fontneau said the barking continued because the bark collar was removed or its batteries died.

She also alleged Perez has not lived in the Smith Street home, where he is a landlord, for a year. In an arrangement made with Perez, she said, tenants were feeding and watering the dog and putting her in the cellar at night.

Perez countered that Lucy does not bark frequently and is being provoked by a neighborhood child who, on at least one occasion, held a cat over the fence.

He argued that Lucy is not dangerous and is a good family pet that should not be exiled from town.

amy demelia can be reached at 508-236-0334 or ademelia@thesunchronicle.com.