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HomeMy WebLinkAboutCD-48-98 Addendum UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File # Date: December 14, 1998 Res. # Report #: ADDENDUM TO CD-48-98 By-law # Subject: DECLARATION OF VICIOUS DOG -THOMPSON It is respectfully recommended: 1. THAT the Addendum to Report CD-48-98 be received; 2. THAT Section 1. of the vicious dog declaration served on James Thompson, 22 Stanford Crescent, Newcastle be revoked; 3. THAT Sections 2., 3. and 4. of the Vicious Dog Declaration remain in effect for a six month period, after which time the declaration will be revoked, provided no further incidents with respect to the dog are reported to the municipality; and 4. THAT James and Michele Thompson, Rosalind Paton and any other interested parties be advised of Council's decision. BACKGROUND AND COMMENT At the Council meeting held on October 13, 1998, Council considered Report CD-48-98 regarding the declaration of vicious dog against a dog owned by James Thompson. A copy of that report is attached hereto as Attachment No.1, At that meeting, Mrs. Thompson appeared as a delegation, together with Rosalind Paton, a dog trainer, requesting that the declaration be revoked. Following the delegation, Council referred the report back to staff for further investigation into the incident. In further discussing the incident with the complainant, it has been determined that his black lab was winded during the attack. The injuries sustained to the owner's ankle were as a result of having to repeatedly kick the german shepherd to get it away from his dog. The man's ankle was swollen for five days following the incident. The municipality did receive complaints about this dog, prior to the incident which resulted in the vicious dog declaration. At that time a woman reported that the german shepherd charged out and jumped at her dog, growling at it, while she walked down the sidewalk on Stanford Crescent. Another resident has advised that she no longer walks along this street because of the dog. Animal Control has received no further complaints since the incident of the attack on the lab. Addendum to Report CD-48.98 .2- December 14, 1998 As stated in Report CD-48-98, the Thompson's pled guilty to allowing their dog to run at large and failing to obtain a licence. A licence has subsequently been purchased. During her delegation, Mrs. Thompson stated that her dog has always been around young children, without incident. Through the dealings staff has had with this dog it is, their belief that the dog is animal aggressive, but not necessarily people aggressive. The requirements of the vicious dog declaration are: 1. have the dog photographed and permanently identified by microchip, at his/her 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; 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. As stated earlier, the Thompson's have now purchased a dog licence which will provide identification for the dog. As this is the goal of Section 1 of the declaration, staff are comfortable with that portion of the declaration being revoked. As to the remainder of the declaration, it is recommended that the requirements remain in place for a period of six months after which time the declaration be revoked provided there have been no further incidents with the dog. Should another incident occur, however, staff will immediately advise Council and serve a full declaration on the Thompsons. Respectfully submitted Reviewed by Patti arrie, C.T. Franklin Wu Municipal Clerk Chief Administrative Officer Enc cc: James and Michele Thompson Rosalind Paton 22 Stanford Crescent 190 Waterloo Court Newcastle, Ontario Unit 1 LIB 1G1 Oshawa, Ontario L1 H 8A7 UNFINISHED BUSINESS THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File # Date: September 28, 1998 Res. #L._ Report #: CD-48-98 By-law # Subject: DECLARATION OF VICIOUS DOG -THOMPSON It is respectfully recommended: 1. THAT Report CD-48-98 be received; and 2. THAT the vicious dog declaration served on James Thompson, 22 Stanford Crescent, Newcastle 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. In the case of James Thompson, a 5 year old boy and his black lab were in the driveway across from the Thompson's residence. The father of the boy was buying an ice cream bar from a Dickee-Dee Vendor when they were attacked by a german shepherd. The dog sustained injuries which caused breathing difficulties and the owner sustained injuries to his right ankle. Following an investigation of the incident, the Animal Control Officers charged the Thompson's with allowing their dog to run at large and failing to obtain a licence for the dog. On September 15, 1998, the Thompson's pled guilty to these charges. They were fined $75.00 with 30 days to pay. At the time the charges were laid, a Declaration of Vicious Dog was also served on the Thompson's. Accordingly, the Thompson's 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-48-98 -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. Mrs. Thompson is appealing all of this declaration as she does not believe her dog is vicious. Statements from a witness to the incident indicate that the vicious dog had to be kicked in the side in order to get him away from the lab. A small child was put into a very dangerous situation because of the actions of the dog and it's owner in letting it run loose. Also, the owner of the lab was injured while attempting to save his dog from the attack. It is recommended that the vicious dog declaration not be revoked in order to protect the neighbours from attacks by this dog in future. Respectfully sub itted Reviewed by Patti L. _ri" , . .T. W.H. Stockwell ClerV Chief Administrative Officer Enc SEP. -18' 98 (FRI) 10:58 DANIELS CORPORATION TEL;416 979 0415 P. 001 Michele Thompson 22 Stanford Crescent. Newcastle, On UB 101 416-598-2129 (business) 905-987-3927 (home) TO: Clarington Clerk Dept. DATIN: September 18, 1998 M; Declaration of Vicious Dog Declaration #9 -03 ISSUED TO: James Thompson I (Michele Thompson, acting as agent for James Thompson) would like to be put on the agenda for the next Council mecting (Monday, September 28,1998) to appeal Declaration #98-03, Also attending will be Rosalind Paton, a ertified dog trainer and dog evaluator. She would like to speak also for my dog and will bring i an assessment of him. Some of my neighbours will also be attending to vouch for my dog's g od nature. I would like to appeal all of this declaration, I do not believe MV dog is vicious at all nor does anyone that knows my dog. I have had him since he Was 8 weeks old. He's grown up around babies and eluldren. I have done home dayc e For about 8 children over the last 6 years and he has never behaved aggressively towards the c 'ldren or their parents.