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REPORT 1/4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Date:
May31,1999
CD-19-99
File # ?\l\ -A1l
Res. # C - 35~- c; 1
Meeting: COUNCIL
Report #:
By-law #
Subject: DECLARATION OF VICIOUS DOG. FINLAY
It is respectfully recommended:
1. THAT Report CD-19-99 be received; and
2. THAT the vicious dog declaration served on Scott Finlay be upheld.
BACKGROUND AND COMMENT
By-law 97-167 provides that the Animal Services Officers shall investigate any dog bite incidents and,
when satisfied that the dog has, without provocation, bitten or attacked a person or domesticated animal,
the officer shall declare the dog to be a vicious dog.
In the case of Scott Finlay, the Police Department investigated a situation where the complainant was
walking with her dog in her own backyard when her neighbour's two dogs entered onto her property and
attacked her, her husband and their dog. According to the Police Report, the complainant sustained rips
and tears to her jacket and shoes. Further, she received bruising from bites from one of the dogs.
According to the complainant, the second dog was attacking, biting and nipping her dog at the same time.
Upon investigation by Animal Services Officers, Mr. Finlay was charged with allowing his dog to run at
large and failure to licence. Also, the dogs were declared vicious. On May 18, 1999, Kathy Duncan
appeared in court on behalf of Mr. Finlay and pleaded" not guilty". Accordingly, the charges have been
put over to September 21, 1999, for trial.
Under the vicious dog declaration, Mr. Finlay has been advised he must:
1. have the dog photographed and permanently identified by microchip, at his expense, within 21
days of receipt of the declaration;
2. notify Clarington Animal Control Services immediately upon relocating the dog or upon transferring
ownership of the dog;
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Report CD-19-99
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May 31,1998
3. restrain the dog at all times by keeping it enclosed in a pen or other enclosure so as to prevent the
dog from leaving his property and to prevent contact with people and other animals when the dog
is on his own property; and
4. restrain the dog at all time with the use of a leash and a muzzle by a person who is 18 years of
age or older while the dog is off his own property.
Section 2.4 of the by-law allows that an owner of a vicious dog may apply to the Municipality for a hearing
as to whether or not the declaration should be revoked. Kathy Duncan, Mr. Finlay's agent, has advised
that she wishes to appeal the declaration and, as such, is addressing Council on May 31,1999.
The complainant has stated that this is not the first time she has had difficulties with these dogs. The
Animal Services Officers have had occasion to speak to the owners about-responsible dog ownership.
Given that this is not the first incidence with these dogs and the dogs attacked without provocation, it is
recommended that the declaration be upheld.
Reviewed by
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Franklin Wu, M.C.l.P.
Chief Administrative Officer