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HomeMy WebLinkAboutCD-33-99 ... .: IlEPORT #4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File# PJ;4-/JH Res. #( -5lt>\-qq Date: September 13,1999 CD-33-99 By-law # Report #: Subject: DECLARATION OF VICIOUS DOG. LAWRENCE It is respectfully recommended: 1. THAT Report CD-33-99 be received; and 2. THAT the vicious dog deciaration served on William Lawrence 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. On June 11, 1999, the Durham Regional Police responded to a complaint of a woman who was out for a walk on King Street. As she approached 169 King Street East (Bowmanville Taxi) she saw her son who works for the company. She walked onto the property and along the side of the building. At that time, a dog ran and leaped at her knocking her to the ground. It started biting her and continued until it was pulled oft by her son. The victim was taken to Bowmanville Hospital where she received stitches to her left ann at and below the elbow and to her left breast. The victim has very little use of her left ann and was advised by the doctor that there may be penn anent muscle damage. A police officer attended at Bowmanville Taxi and spoke to the dog owner. The owner indicated that the dog is nonnally kept inside but was let out to relieve itself. It was sitting on a porch step on the east side of the property when the incident occurred. The dog was tied up with a 12 foot chain. There were three signs posted warning of a dog but none at the front of the property. The Health Department was contacted and the Lawrence's were directed to quarantine the dog for a period of time. In issuing the vicious dog declaration, we are not implying that the Lawrence's are irresponsible pet owners. We are saying however that the dog presents a danger to the public. The sidewalk in front of the property is very busy and the dog is extremely protective of the property. Even with the property posted, children cannot be expected to understand and respect signs. ", .. Report CD-33-99 -'2- September 13, 1999 The injuries caused in this case were quite serious. The employee of Bowmanville Taxi, an individual who knows the dog, was unable to stop the attack or call the dog off. The dog had to be physically pulled off of the complainant. The Lawrence's have purchased tags for their dog and the dog has gone through the quarantine period. However, nothing in this situation has changed which will protect the public or prevent future similar accidents. By declaring the dog vicious, the responsibility is back on the owner to ensure that a repeat attack does not occur. Further, should another incident occur, by issuing a vicious dog declaration the Municipality will have grounds under the Dog Owner's Liability Act to apply to the courts for further restraints on the dog or, if necessary, for the destruction of the dog. Accordingly, it is recommended that the vicious dog declaration be upheld. Reviewed by ov~~ Franklin Wu, M.C.l.P. Chief Administrative Officer Interested parties to advised of Council's decision: William Lawrence 169 King Street East Bowmanville, Ontario L1C 1N9