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HomeMy WebLinkAboutCD-49-99 .c *~ ~ .., Ill!PORT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File # Date: December 13,1999 Res. # Report #: CD-49-99 By-law # Subject: VICIOUS DOG DECLARATION. DEJAGER It is respectfully recommended: 1. THAT Report CD-49-99 be received; and 2. THAT the vicious dog declaration served on Anthony Paul Dejager be upheld. BACKGROUND AND COMMENT The Dejager's live at 2932 Highway #2, Bowmanville and own a Chow/Husky cross named Amber. On October 13, 1999, their neighbour to the west witnessed Amber shaking" Oliver" , another neighbour's kitten, in her mouth. The lady witnessing the attack went outside and attempted to scare Amber away with a digger. In order to stop the attack, she had to throw the digger at the dog. Amber dropped the kitten and began barking and snarling and coming toward the lady. In an attempt to ward off the attack, she grabbed a broom and backed up the stairs to her deck. Amber tried to go up the other set of stairs and onto the deck but the neighbour was able to continue to ward off the attack with the broom. Finally, Amber left and went into her own yard. The witness to this attack has indicated that since the Dejager's received this dog in the early 1990s, she has had many terrifying encounters in her own yard. She states that Amber has always been ferocious on these occasions. In 1994, the Regional Health Unit issued an Animal Confinement Order as the result of Amber biting a young boy. This order was for the dog to be confined for 10 days at the Animal Shelter, which is only ordered in extreme circumstances. Following investigation of the incident, the Animal Services Officer issued a declaration of vicious dog to Mr. Dejager. The declaration requires the owner of the vicious dog to: 1. licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation, at his expense, within 21 days of receipt of the Declaration. Proof of such registration must be provided to the Animal Services Division within 30 days; 2. notify Clarington Animal Shelter immediately upon relocating the dog or upon transferring ownership of the dog; 00/;f.!:. ., , ~ ~ ...,:!t.~~ Report CD-49-99 -2- December 13, 1999 3. restrain the dog at all times, while the dog is on her own property, by keeping her enclosed in a pen or other enclosure in such a manner as to prevent the dog from leaving the property and to prevent contact with people and other animals; 4. restrain the dog at all times, while the dog is off her own property, with the use of a muzzle and a leash no longer than 6 feet and under the care and control of a person who is 16 years of age or older. Mr. Dejager was also charged with allowing the dog to run at large and failing to licence the dog. On November 16, 1999, the court imposed a $50.00 fine for the failure to licence charge. Trial has been set for January 18, 2000 for the running at large charge. Mr. Dejager will be addressing Council to appeal the vicious dog declaration on December 13, 1999. It is staffs recommendation that the vicious dog declaration be upheld. Respectfully submitted Reviewed by '\ Or~~.~ Franklin Wu, M.C.I.P. Chief Administrative Officer Interested party to advised of Council's decision: Anthony Paul Dejager 2932 Highway #2 Bowmanville, Ontario L 1C 3K5