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HomeMy WebLinkAboutCD-31-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON °r 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 R , 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: lU4 - 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. I05 - 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, t 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 I IU7 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 i 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 . / 09 2 (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. / 10 3 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. i 4 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 I i 112