HomeMy WebLinkAboutCD-31-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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DN:CD-31-97 REPORT
Meeting: General Purpose and Administration Committee File#
Date: Res. #
Monday, July 7, 1997
By-Law#
Report#: eD:3-I_-97 File#:
Subject: REGULATION AND CONTROL OF VICIOUS DOGS IN THE MUNICIPALITY OF
CLARINGTON
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1 . THAT Report CD-31-97 be received;
2. THAT the By-law attached to Report CD-31-97 be forwarded to Council for
approval; and
3. THAT Viv Woolford, Durham Regional Police Service, Wayne Belliveau,
Suzanne Stacey and the Animal Advisory Committee be advised of Council's
decision and forwarded a copy of Report CD-31-97.
1 . BACKGROUND
1 .1 Resolution #C-419-97 was approved by Council on May 26, 1997 and reads as
follows:
"THAT the delegation of Viv Woolford be received;
THAT his comments be referred to the Clerk's Department for review and
preparation of a report; and
THAT Viv Woolford and the Animal Advisory Committee be advised of Council's
decision."
RPAPEL�R E��I�« � 0 3
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THIS 6 PRINTED M RECYCLED PAPER
- 2 - Report CD-31-97
2. STATISTICAL INFORMATION RE: DOG BITES
2.1 Staff obtained from the Regional Health Unit, statistics regarding the number of
dog bite occurrences in the Municipality of Clarington (See Attachment #1).
2.2 A review of this document reflects a decrease in the number of dog bites for the
years 1995 and 1996 despite the fact that population numbers have increased;
however statistics for 1997, 51 as of the end of May, indicate that there is a rise
in the number of dog bites in 1997. It should be noted that these numbers
include dog owners who are bitten by their own dogs.
3. PROCEDURE REGARDING DOG BITES
3.1 If a dog bites an individual and pierces through the skin, the Regional Health Unit
is immediately contacted and the owner of the offending dog is advised that the
dog must be quarantined for ten days. If the owner of the dog is unable to meet
the requirements of the quarantine or there is no known owner, the dog is
quarantined at the Animal Shelter and the Animal Control Services Officers take
the necessary precautions to ensure that the regulations regarding the quarantine
are strictly adhered to. If the owner of the dog is able to meet the requirements
of the quarantine at his/her own residence, the dog can be quarantined at the
residence. The Regional Health Unit is then responsible for implementing and
enforcing the rules of the quarantine.
4. PROVINCIAL LEGISLATION - DOG OWNERS' LIABILITY ACT
4.1 There is Provincial legislation presently in place - the Dog Owners' Liability Act,
which addresses dog bite incidents. When there is such an occurrence, our
Animal Control Services Officers advise victims of dog bites or dog attacks of their
recourse under the "Dog Owners' Liability Act". This legislation states, in part,
that:
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- 3 - Report CD-31-97
"Where it is alleged that a dog has bitten or attacked a person or domestic
animal, a proceeding may be commenced against the owner of the dog
and when the Ontario Court finds that the dog has bitten or attacked a
person or domestic animal, and the Court finds that an Order is necessary
for the protection of the public, the Court may Order:
(a) that the dog be destroyed in such a manner as is provided in the
Order; or
(b) that the owner of the dog take such steps as are provided in the
Order for the more effective control of the dog."
4.2 In the past six years, there have been seventeen "Control Dog" Orders and one
"Destroy Dog Immediately" Order issued by the Provincial Court for the
Municipality of Clarington.
4.3 In the Municipality of Clarington, Animal Control Services Staff process all charges
including:
• the investigation;
• preparation of the legal documentation;
• swearing in and serving summons to the dog owner; and
• appearance in court to give testimony.
4.4 Oshawa, Pickering, Ajax and Whitby Shelter Staff, upon a dog bite occurrence,
simply provide a copy of the Provincial legislation to the victims and advise that
they can initiate proceedings on their own.
5. PROPOSED "VICIOUS DOG" BY-LAW
5.1 Staff have researched the by-laws of various municipalities pertaining to the
regulation and control of "vicious" dogs and have concluded that the by-law
should be reader friendly and enforceable. It is the intention of Staff to undertake
a complete review of all animal related by-laws in the Municipality of Clarington
in order to formulate a comprehensive by-law and, at that time, the vicious dog
by-law will be incorporated into this comprehensive document.
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- 4 - Report CD-31-97
5.2 To summarize the attached by-law, when a dog has been declared as "vicious"
the dog owner will have to confine the vicious dog on its own property. If the dog
is off its property, it will be leashed/muzzled and in the control of a person who
is 18 years of age or older. The owner of the vicious dog will also be required to
photograph and micro chip the dog and provide Animal Control Services Staff
with this information as well as an up to date address of the location of the vicious
dog.
5.3 In conclusion, the "vicious dog" by-law is intended to make dog owners fully
responsible for the actions of their dogs and will, hopefully, protect our citizens
from dogs which have been judged to be a definite threat to public health and
safety.
6. RECOMMENDATIONS
6.1 It is therefore recommended:
THAT Report CD-31-97 be received;
THAT the proposed by-law pertaining to the regulation and control of vicious dogs
in the Municipality of Clarington be approved; and
THAT Viv Woolford, Durham Regional Police Service, Wayne Belliveau,
Suzanne Stacey and the Animal Advisory Committee be advised of Council's
decision.
Respectfully submitted, Reviewed by,
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Patti�l . arrie - .M.C.T. W. H. Stockwell
�._ Twin Cler-k' Chief Administrative Officer
MPK*PCB*lb
706
- 5 - Report CD-31-97
Interested parties to be notified of Council and Committee's decision:
Mr. Viv Woolford Suzanne Stacey
18 Hooper Sq. 29 Hunt Street
Bowmanville, Ontario Bowmanville, Ontario
L1 C 4X7 L1 C 2W8
Animal Advisory Committee Wayne Belliveau
c/o Todd Hoffman, Chair 73 Prout Drive
20 Maple Street Bowmanville, Ontario
Haydon, Ontario Li C 4C7
Li C 3K2
Inspector Ross Smith
Durham Regional Police Services
16 Division
77 Centre St. North
Oshawa, Ontario
L1 C 4137
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Attachment 11
to Report CD-31-97
A A B C D E F G H I J K L M
1 REP 1 0
2 NUMBER OF VICTIMS IN EACH AGE GROUP
3
4
5 TOWNSHIP YEAR 0-5 6-14 14-18 18+ TOTAL %OF
6 TOTAL
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 CLARINGTON 1984 10 12% 28 33% 11 13% 37 43% 86 10.0%
37 1985 12 9% 47 37% 6 5% 63 49% 128 12.7%
38 1986 21 13% 41 26% 11 7% 85 54% 158 12.2%
39 1987 8 8% 33 33% 9 9% 51 50% 101 10.5%
40 1988 9 10% 33 37% 3 3% 44 49% 89 8.8%
41 1989 9 12% 22 29% 6 8% 38 51% 75 9.2%
42 1990 8 9% 25 27% 1 1% 60 64% 94 11.6%
43 1991 18 14% 41 31% 5 4% 67 51% 131 17.6%
44 1992 19 13% 38 26% 1 1% 91 61% 149 18.5%
45 1993 22 15% 34 23% 6 4% 83 57% 145 14.1%
46 1994 12 8% 28 19% 5 3% 101 69% 146 15.9%
47 1995 14 13% 24 21% 6 5% 68 61% 112 14.7%
48 1996 10 11% 36 40% 4 4% 41 45% 91 11.6%
708
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Attachment #2
to Report CD-31-97
THE MUNICIPALITY OF CLARINGTON
BY-LAW #97-
being a by-law to provide for the Regulation and Control of
"Vicious" Dogs in the Municipality of Clarington.
RECITALS •
(a) The Municipal Act , R.S .O. 1990, 210 (10) c .M. 45,
authorizes a Municipality to pass By-laws prohibiting or
regulating the keeping of animals .
Now Therefore Be it Resolved that the Corporation of the
Municipality of Clarington hereby enacts as follows :
SECTION 1 : INTERPRETATION
(a) "Municipality" means The Corporation of the Municipality
of Clarington and, where the context so implies, members
of its staff and Council .
(b) "Council" means the elected Council of the Municipality
of Clarington.
(c) "Dog" means a domesticated carnivore of the species Canis
familiaris, that has been weaned, and includes a vicious
dog.
(d) "Household" means any house, mobile home, dwelling unit,
or apartment unit, occupied as a single housekeeping unit
for residential purposes, and includes any outdoor space
or accessory buildings associated with the household.
(e) "Animal Control Services Officer" means a person
appointed by the Municipality, to enforce and control the
provisions of this By-law.
(f) "Municipal Property" means all property owned, leased, or
under the control of the Municipality, and without
limitation, this term shall include all parks, open
space, opened or unopened road allowances, sidewalks,
footpaths and/or bicycle trails .
(g) "Muzzle" means a humane device designed to fit over the
mouth of a dog to prevent the dog from biting. A muzzled
dog means a dog wearing a muzzle in the manner
anticipated by the manufacturer of the muzzle .
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(h) "Leash" means a strap, cord or chain, no longer than six
feet in length, which is fastened to the collar of the
vicious dog.
(i) "Owner" includes any person who possesses, keeps or
harbours one or more dogs .
(j ) "Person" includes an individual, a sole proprietorship,
a partnership, an unincorporated association, a trust, a
body corporate, and a natural person.
(k) Where "Restrained" is used in connection with a vicious
dog at its owner' s household, it shall mean:
(a) kept indoors in a manner respective of its
environmental needs which prevents the vicious dog
from having contact with persons who have not
consented to contact; or
(b) kept in a pen or other outdoor enclosure respective
of its environmental needs which prevents the
vicious dog from:
(i) leaving the owner' s household (except in
accordance with the provisions of Section 1 (1)
of this By-law) , and
(ii) coming into contact with persons who have not
consented to contact .
(1) Where "Restrain" is used in connection with a vicious
dog at a place other than its owner' s household it shall
mean a vicious dog which is muzzled, leashed, and under
the control of a person who is 18 years of age or older.
(m) "Vicious Dog" means a dog which has been declared to be
vicious by the Animal Control Services Officer in
accordance with the provisions of Section 2 . 1 of this By-
law.
SECTION 2 : VICIOUS DOGS
2 . 1 Declaring a Dog as Vicious : The Animal Control Services
Officer shall investigate any dog bite incident which has
been reported to the Durham Health Unit or to the Animal
Control Services Division of the Municipality. Where the
Animal Control Services Officer is satisfied that the dog
has, without provocation, bitten or attacked a person or
• domesticated animal, or has without provocation placed
• person or domestic animal at risk of physical harm, the
Animal Control Service Officer may declare the dog to be
a vicious dog.
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2 . 2 Change of Information: Owners of Vicious Dogs : Every
owner of a vicious dog, upon relocation of his or her
residence, or that of the vicious dog, or upon ceasing to
own a vicious dog, shall be required to immediately
notify the Animal Control Services Division of the
Municipality of the change of address or name and address
of the new owner or the new location of the vicious dog.
2 . 3 Service of a Declaration: Where a dog has been declared
a vicious dog, pursuant to Section 2 . 1 of this By-law,
the dog owner shall be provided with a copy of a written
declaration to that effect . Service of the written
declaration may be effected by personal service at the
owner' s residence to anyone apparently over the age of 16
years or to the dog owner at any place, or by registered
mail to their last known address with service deemed
effective 5 days after mailing. Where a dog has been
declared a vicious dog pursuant to Section 2 . 1 of this
By-law the dog owner shall have the vicious dog
photographed and permanently identified by microchip, at
the owner' s expense within 21 days of the service of the
vicious dog.
2 .4 Appeal of Declaration: Where a dog has been declared a
vicious dog, the dog owner may apply to the Municipality
for a hearing as to whether or not the declaration should
be revoked. An application for a hearing by Council
shall be filed with the Municipal Clerk within ten (10)
business days of the date of service of the Notice of
Declaration.
2 . 5 Restraint of Vicious Dogs : Every owner of a vicious dog
shall restrain the vicious dog.
SECTION 3 : PENALTY
3 . 1 Any person who contravenes any of the provisions of this
By-law is guilty of an offense and upon conviction is
liable to a fine as provided for in the Provincial
Offences Act, R. S .O. 1990, c . P. 33 , as amended.
3 . 2 Should any paragraph, clause or phrase in this By-law be
declared by a court of competent jurisdiction to be j
invalid in whole or in part, the validity of the other
provisions of the By-law shall not be affected thereby,
the intent of Council being that each provision of the
By-law shall be determined to be separately valid and
enforceable to the fullest extent permitted by law.
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This By-Law may be cited as the "Vicious Dogs" By-Law.
By-law shall come into full force and effect as of the date of its
passing.
By-law read a first and second time this 7th day of July 1997
By-law read a third time and finally passed this 7th day of July
1997
MAYOR
CLERK
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