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REPORT #2
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: COUNCIL
File #
Date: September 28, 1998
R # CD-47-98
eport :
Res. #C-731- ~75
By-law #
Subject: DECLARATION OF VICIOUS DOG. DEMELO
It is respectfully recommended:
1. THAT Report CD-4 7 -98 be received; and
2. THAT the vicious dog declaration served on Brian Demelo, 27 Elephant Hill Drive not be revoked.
BACKGROUND AND COMMENT
By-law 97-167 provides that the Animal Control Services Officers shall investigate any dog bit 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.
1
In the case of Brian Demelo, the Police Department investigated a situation where the complainant was
walking his dog along Elephant Hill Drive when Mr. Demelo's pit bull terrier charged onto the street and
jumped at the boxer, biting it on the top of the back and latching on. While attempting to get the dog to
release its grip, the complainant received two small cuts on his fingers.
Upon investigation by Animal Control Officers, Mr. Demelo was charged with allowing his dog to run at
large and the dog was declared vicious. On September 15,1998, Mr. Demelo pled guilty to the running at
large charge and was fined $25.00 with 30 days to pay.
Under the vicious dog declaration, Mr. Demelo 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;
Report CD-47-98
- 2-
September 28, 1998
3. restrain the dog at all times by keeping it enclosed in a pen or other enclosure so as to provent 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. Mr. Demelo is appealing only that section of the
declaration which states that his dog must be muzzled when off of his property. When the police officer
attended at Mr. Demelo's home, the dog was crashing into the front door window, barking and growling at
him. Due to the viciousness of the attack and the area in which this dog resides, the officer requested a
follow up by Animal Control Serves and appropriate charges laid.
Upon attending at the home, the Animal Control Officers stated that the dog reacted in the same manner
as with the police officer. Accordingly, and in order for the municipality's by-law to be enforceable, it is
recommended that the declaration not be revoked.
Reviewed by
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W.H. Stockwell
Chief Administrative Officer
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