HomeMy WebLinkAboutCLD-25-04
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REPORT 112
C!!J!il1gron
REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date: September 13, 2004
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By-law #:
Report #: CLD-25-04 File #:
Subject:
ORDER TO RESTRAIN - BEREZOWSKI
RECOMMENDATIONS:
It is respectfully recommended that Council approve the following:
1, THAT Report CLD-25-04 be received;
2. THAT the Order to Restrain served on Darren Berezowski be upheld; and
3. THAT Darren Berezowski, Eugene Skripkariuk and Scott Greenfield be advised of
Council's decision.
Submitted by/
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Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOW MANVillE, ONTARIO l1 C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO: CLD-025-04
PAGE 2 of3
BACKGROUND
On May 14, 2004, an incident of a dog attack was reported to Animal Services.
Mr. Eugene Skripkariuk reports that two men were rollerblading, each with a dog on a leash,
One of the dogs pulled viciously on his leash and attacked Mr. Skripkariuk's dog. As the owner
was on rollerblades, he had no control over the dog, The attack lasted two or three minutes
and Mr. Skripkariuk's dog, Copper, required emergency veterinary care to save its life
(Attachment No, 1). Veterinary bills in the amount of $1 ,258,15 have been paid, His
neighbour, Mr. Scott Greenfield, has filed a witness statement which is attached as Attachment
NO.2.
Mr. Darren Berezowski attended at the Animal Shelter on June 16 and refused to complete the
forms as requested (see Officer's report included as Attachment No.3)
Mr. Berezowski has filed an appeal to the Orders to Restrain. He indicates that he and his son
were rollerblading on Edward Street at approximately 10:00 p,m. when a brown and white dog
came running out from the west side of house number 122, The dog was not on a leash and
the owner was nowhere in sight. The brown and white dog ran over the sidewalk and
boulevard onto the roadway and attacked his dog. In order to defend itself, his dog snapped at
the brown and white dog and both dogs started fighting. He is appealing the Orders to
Restrain as he claims the incident would not have occurred if the dog had been kept under
control and on its own property. A copy of Mr. Berezowski's letter of appeal is included with
this report as Attachment No.4,
The Orders to Restrain require Mr. Berezowski to:
1. licence and register the dogs with the Clarington Animal Shelter and have the dogs
permanently identified by microchip implantation;
2, notify the Animal Shelter staff immediately upon relocating the dogs or upon transferring
ownership of the dogs;
REPORT NO,: CLD-02S-04
PAGE 3 OF 3
3, restrain the dogs at all times, while the dogs are on their own property, by keeping them
enclosed in a pen or other enclosure in such a manner as to prevent the dogs from
leaving the property and to prevent contact with people and other animals; and
4. restrain the dogs at all times, while the dogs are off their 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. Berezowski, Mr. Skripkariuk and Mr. Greenfield will be addressing Council on
September 13, 2004 with respect to this matter,
Interested parties to be advised of Council's decision:
Mr. D, Berezowski
Mr. Skripkariuk
Mr. Greenfiled
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Attachment No. 1
MUNICIPALITY OF CLARINGTON
DOG ATTACK/BITE REPORT
TH S FORM IS TO BE COMPLETED BY OR ON BEHALF OF:
I) PERSON WHO HAS BEEN ATTACKED OR BITTEN BY A DOMESTIC DOG
2 HE OWNER OF A DOG/CAT WHICH HAS BEEN ATTACKED OR BITTEN BY A DOMESTIC DOG
NAME:
EU~'cA/L'= 6k::....R tPk-r9Rll/k",
ADDRESS:
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TE PHONE #
HOME:
BUSINESS:
.1' VIDE DETAILS ABOUT THE PERSO~R CAT ATTACKED/BITTEN
NA I.:
COPP.E-~ ,/ L?'"/\/~L/s~ 4;:>,.e/;.,Jc~/c:_
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AD '8S:
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DA' OF ATTACK/BiTE:
hrl- Y /:3 / 2-=0<'-
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2/ /S'
TI~. . OF ATTACK/BiTE:
A?..on.J'<J::'<:
AD 'SS /LOCATION OF ATTACK/BiTE:
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q.:zr:>r /...= ;r:;;tt1:J/":)r'2:=. """c
~"'-"i......PA--?...... ...:....-:- -==...4-__--.:
.PL, SE DESCRIBE DETAILS ABOUT THE AITACKING DOG
BR '0, COLOUR & MARKINGS. IF ANY:
SK AGE, IF KNOWN:
OF DOG OWNER:
'T/A/ P-"1A..~/~,^..-J _ L-.Yh/T7=- // /7""T/"=:
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/),A.I:2..R.EH ~RC=~hJS:1C.7
AD I ESS OF DOG OWNER:
IS T I. DOG KNOWN TO YOU:
YES 0 NO IL-
HO IS TilE OWNER OF THE DOG KNOWN TO YOU?
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,0
t<9PJDL/r"'-'-:-I'-'A" FiLR/)
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IIA E YOU HAD PREVIOUS. PROBLEMS WITH THIS DOG? YES 0
IF S ,PLEASE DESCRIBE:
NO!\,j/
WE . THE PREVIOllS INCIDENTS REPORTED TO AUTHORITIES? YES 0
NOO
CON71NIIF.1l
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I
DOG AITACK/BITE REPORT
-2-
E DESCRIOE DETAILS ABOUT THE CURRENT INCIDENT: tnc M"'T/v' 0"-" ~~
/!ii!.:6 h---""rT~ PVLt-..6.-;CJ /bY DAL/'-1~T(~,A./ C>..s:;.;G- O'..-"l..S'J~ a;;>'-e~
~ YrT~,.. VOG ~....;q-$ VIC."rv~""L-r /7~,;~ t::"c. 0 f.....(:../<i:. .s:>f$,-
~.......,-;- 0,.,::;. .oc-<~ c:;:..... ~ /"7A....?C> A/&:/G-HgO.e.'.s; F~;"V, FZt7R-c,A(
~vcDeD' ~rE:c::::=r'G?A...>' ~/_~
/"'1c/V" f.1-:?4-S o/\..' ~~R..--
IOETHE NATURE OF THE INJURIES, IF ANY: B"-o~ 5 _
f2-E:..,.....,..(':L.. ""rO p,q...:::;;..,;:: :
LE;9 ;-/;t-I S /V~ r
12. ~u:> IS"
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t=r e~F Pw^-"c..,"""':Z.-,~c!:! ~U:>~""'-"a
U SEEK MEDICAL TREATMENT?
NAME OF DOCTOR . . .
pDf'L ~~~ ~
HOSPITAL/CLINIC
YES_D
:;...
NOD
URC@tCAT REQUIRE VETERINARIAN TREATMENT?
PLEASE ATI'ACH A COPY OF VETERINARIAN INV9ICE,
U TAKE ANY PHOTOGRAPHS? .YEStr4ITACH COPIES) .. NO D
YES a--- NO D
WAS HE INCIDENT REPORTED TO: DURHAM REGIONAL
HEALTH DEPARTMENT
POLICE SERVICES
OWNER OF DOG
YESD
YESD
YESD
NOD
NOD
NOD.
IF SO PROVIDE DETAILS I DATE(S) OF REPORT(S): R.""-POV2..,05.D
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p, .",= -"-'''''' PC'~-u' "-"'-+> /9 </<<'._<"'7 ~F= 7-4,~ ~-'T"T-"9-CI<-
IF NO . PORT WAS FILED, EXPLAIN WHY:
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.PRO DE INFORMATION ABOUT WITNEsSES, IF ANY
WAS ERE A WITNESS (ES)? YES i2V' NO D
PROV E WITNESSES _ I) NAME:
ADDRESS:
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2) NAME:
ADDRESS:
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DATE
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FILING THE REPORT
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ATTACHMENT NO, 2
lYl U1V1L-lr..ti.Lll.I ur L-LfU.U.1VU.L U1Y
DOG ATTACK/BITE - WITNESS STATEMENT
PLE~ U~_J:~ls~9R1\lJQ~:ES~~ 'l;H-~:Di:)(iA'ITA<::K1Bl1$ IN])IJ:TAll..
NAME OF WITNESS:
SC-O-ri
(;.1?EE'A.lF~E~-P
ADDRESS:
TELEPHONE #
HOME:
BUSINESS:
PLEASE DESCRIBE DETAILS OF THE INCIDENT mAT YOU WITNESSED IN THE SPACE
PROVIDED BELOW:
DATE:
TIME:
LOCATION:
Mpy ./3 /?IJO~ (11It.tR,,)I")1( J,
A?pF?ox. 9' 20 PM
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SUMMARY OF INCIDENT:
.:J5. (~DOt7 nl ':)P It;'j' ""'l [')/Y)r .,'''' ";;'..Je -lIe !/<lcJ..'1f'. ..,t;.,,?(,,, r ~,.I-. c:'nr h-i rlo..r 'I" r k- '-'-P
7- nr'!'ft' ().tl u.n[r.",,;!;,'r 01"':( on flI.)/ /r...". u,,-II. ,I:::' ""'0"/1. Ia..-Id.,,j o,,'/',.., "'( o-re;l'ho/J.
dO~<!''';'ra) rv.rJfi-v'Lk ,. .if :(A+le"'~" ",An ,-,)n.'; l,)'+J.... +t.e "Air",."),, r./"'l ,,)C~<, dnu)1) 0'1
DnL kl'ltit.e -+"f"':i -+0 ~'f ""r," &: doS(~ Mn,rtl, --v-, r-"Trr n ~" ld he ~{n. Dnu
-t-!u? m~/\. 1,)/1, 'S......u:..e"sr,,1 in ,-,oe",r,c; -t/.., ,-llJc/~ TYIh.....-4 h", ,', ~r,l,.,c,i7tdr:oc ~J,.",j
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C,Mlc.,.+ I~r>,-I ~+,,<"+<C.(>J +^"'n~-I;A"'_ c)f! hrsl.;)",-y r6il"..r-iDl",J~Jd,.,..)r>-/l.t.~N,d"
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DATE
NOTE: WRITTEN STATEMENT TO ACCOMPANY DOG ATTACK/BITE REPORT
ATTACHMENT NO. 3
Lv[[]NICIPALITY OF CLARINGTON
DOG ATTACK/BITE - INTERNAL REPORT
-- <__u_
TO BE COIHPLETED BY A.""lThIAL SERVICES OFFICER
OFFICER'S N.~\lli: ,.Xn:_/L. Iu.., &-
J
DATE . REPORT FILED WITH SHELTER:
. DOG O\Vi'rER WAS NOTIFIED:
. \VIDiESSES WERE CONTACTED:
/Yltt4 /~ dOO'l
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FOLLO\V l;P CALLS
- DO G O\VNER: W Cl S (\ 1) f- .{; LU'\oi l....u\J-i I
..:r LLtU..- ID ~ d- 0 0 1
-WITNESSES:
. OTR ISSt"ED:
YES ey/ NO c:
PLEASE RECORD Al'fY F1JRTHER COMMENTS PERTINENT TO THE INCIDENT IN THE
SP.-\CE PROVIDED BELOW:
f1 ~ .[) Ii R RE:Av' I3E. R t; Z ow -S K../
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DATE
.11 DATE FILE CLOSED:
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ATTACHMENT NO. 4
Dat.en Berezowski
June 23, 2004
Municipal Clerk 40 Temperance Street Bowmanville, Ontario L 1C 3A6
ATTENTION: Patti Barrie
Dear Madam:
This is my letter of Intent to appeal an order to restrain lIIIder Municipality of
C1arington By-Law 99-90 as ameerded, section 5 Order 11-2004 and 12-2004.
On May 13, 2004, my son Sheldon Berezowski and I ( Darren Berezowski) were roller blading with our
two dogs. Both of my dogs were on a hamess and leash at the time of this incident, Both of my dogs
are Dalmations, white with black spots. Order 11-2004 refers to Bailey a male 2004 Clarington Licence
number 0425 . Order 12-2004 refers to Molly a female 2004 Clarington licenCe number 0426.
The incident took place at approximately 2200hrs in front of house number 118 Edward street East in
the Town of Newcastle. Iv; my son and I were going west along the street by house number 122
Edward street east, we were both on the road with both of our dogs on a hamess and leash, A brown
and white dog came running out from the west side of house number 122. This location is directly
between house 118 and 122. This dog was not on a leash and its owner was no where in sight at this
time. The street was dark the only source of light was artificial from a near by street light
This brown and white dog ran over the side walk and over the boulevard onto the road way and
attacked my dog. My dog snapped at the brown and white dog, to defend itself (my dog is on a leash
the other dog was not) both dogs then started to fight the location of this altercation between the two
dogs was directly in front of house number 118 Edward street east to the east of their driveway and
south of the sidewalk and to the west side of a tree and two elecbical poles on the boulevard in front of
house number 118 Edward street east
The two dogs made lots of noise barking and snarling at each other it was at this time that a man ran
from behind his house ( number 122 holding a spatula) my son was trying to pull the dogs apart and
the man was hitting both dogs and my son with the spatula in an attempt to get the dogs apart from
each other, this man kept saying 1m sorry 1m sorry this is all my fault When the dogs were finally apart
I checked my dog to see if it was ok, it had a ripped dew claw, and two long scratches or teeth marks to
the left leg. My son Sheldon was also bit on his hand and forearm by the brown and white dog.
The brown and white dog was taken back to its property by the man and a woman then came out the
front of the house number 122 to see what had taken place. She was abusive towards me and the man
was trying to tell her that it was his faun because their dog was not lied up. Neighbors to the east of this
location were yelling" Yea keep that dog on a rope". My son and I then continued home to look after
our dog and to take care of his bite wounds.
I object to the order to restrain on the grounds that this never would have happened if the owner of the
brown and white dog had kept control of his dog and kept it on their property, if it would not have been
able to come out on the road as we went by, my dog, my son, and their dog, never would have been
injured.
..
;
. Page 2
June 23, 2004
I also object the fact that both of my dogs are on an order of restraint when only one of them was
involved in the altercation. I was never contacted and asked what my side of the story was, I was only
notified that this order was going to be placed on my dogs,
I look forward to speaking with the person in charge of animal control to have charges laid against the
owners of the other dog for having tt running at large as well as having an order to restrain against their
dog and having it declared a vicious dog for attacking my dog and biting my son,
I am a Police Sgt With the Toronto Police Service and am surprised as the lack of professionalism
and thoroughness that went into this investigation. I shudder to think of what the courts would think of
such a one sided investigation.
I look forward to addressing Council in this matter.
~~
Darren Berezowski.