HomeMy WebLinkAboutCLD-009-01
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REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #: CLD-009-01
File #J!ii.fJIJL
6/11- i7t: - 0/
By-law #;(001- /7()
Date: SEPTEMBER 17, 2001
Subject:
AMENDMENT TO RESPONSIBLE PET OWNERS' BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-009-01 be received; and
2. THAT the By-Law to amend By-Law #99-90, as amended, attached to Report
CLD-009-01 be approved.
Submitted
Reviewed b9~~
Franklin Wu,
Chief Administrative Officer
MPKS*PLB*ct
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REPORT NO.: CLD-009-01
PAGE 2
BACKGROUND AND COMMENT
In June 2001, Council heard three appeals to vicious dog declarations that had been
issued to residents as the result of dog bites/attacks. In considering these matters,
Council requested that staff review and streamline the process of investigation, as
questions arose as to the depth and the detail involved in the investigations.
In July 1997, after receiving requests from the public to do so, Council passed by-law
97-167 giving the Animal Services Officers of the municipality the authority to declare
dogs as being vicious upon investigation of dog bite/attack incidents. (This by-law was
incorporated into the Responsible Pet Owners' by-law in 1999.) The by-law provides an
opportunity for dog owners to apply to the Municipality for a hearing before Council to
request that the declaration be revoked in whole or in part, Pursuant to the by-law,
Staff of the Clarington Animal Shelter have issued 49 Vicious Dog Declarations to date.
Of these 49 declarations, 18 have been appealed to Council. Of the 18 appeals, 12
declarations have been upheld, 4 have been put in place for a 6 month period and 2
have been revoked.
Staff have researched and addressed this matter and believe that the following actions
should alleviate concerns with the by-law and the investigations undertaken in enforcing
it:
1) Staff have formulated four forms to be completed during the course of Staffs
investigation of each dog attack/bite incident, as follows:
. Dog Attack/Bite Report - Complainant (Attachment #1)
. Dog Attack/Bite Report - Dog Owner (Attachment #2)
. Dog Attack/Bite Report - Witness Statement (Attachment #3)
. Internal Report - Shelter Staff (Attachment #4)
Upon the completion of these forms, Staff will be able to review the
statements made by all parties prior to issuing a declaration. The availability
and perusal of these forms will also become an important tool for Council to
make their final decision upon hearing an appeal.
2) Staff recommends that Section 5 of By-Law #99-90, "Declaration of Vicious
Dog" be repealed and replaced with "Order to Restrain" for the following
reasons:
. Owners of dogs which attack or bite can, in some cases, become
offended by the fact that their dog is being declared "vicious", In their
view, their dog may have displayed aggressive behaviour but it is not
"vicious".
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REPORT NO.: CLD-009-01
PAGE 3
. An "Order to Restrain" an offending dog is a more positive approach in
that it describes the corrective action to the problem rather than placing
a "brand" on the offending dog, Staff believe that the "Order to Restrain"
will be much more acceptable to the dog owner than a "Declaration of
Vicious Dog". The requirements of the Order to Restrain have not been
amended from the requirements of the Declaration of Vicious Dog, The
amendment to By-law #99-90 is attached to Report CLD-009-01
(Attachment #5) for Council's approval.
In an effort to curb dog attack incidents, the cities of Winnipeg and Kitchener have
banned the ownership of pit bull terriers. Consideration was given to this measure,
however, the dog attacks reported in Clarington have been caused by various breeds,
It is not felt that banning any certain breed would be beneficial at this time.
The Animal Advisory Committee has reviewed this report and concurs with the
recommendations,
It is therefore recommended:
1. THAT Report CLD-009-01 be received; and
2, THAT the By-Law to amend By-Law #99-90, as amended, attached to Report
CLD-009-01 be approved.
Attachments
Attachment #1
Attachment #2
Attachment #3
Attachment #4
Attachment #5
Dog Attack/Bite Report
Dog Attack/Bite Report
Dog Attack/Bite Report
Dog Attack/Bite Report
Amending By-Law
Complainant
Dog Owner
Witness Statement
Staff
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905}623-6506
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ATTACHMENT #1
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MUNICIPALITY OF CLARINGTON
DOG ATTACK/BITE REPORT
THIS FORM IS'Tq BE CQ,MPLETED BYORON BEHALFOF:
1) A PERSON'WHO HAS BEEN ATTACKEDORBlTfEN BY A DOMESTIC DOG
I 2) THE'OWNER OF A DOG/CAT WHICH HAS BEEN ATTACKED OR BITTEN BY A DOMESTIC DOG.
YOUR NAME:
YOUR ADDRESS:
TELEPHONE # HOME: BUSINESS:
.PROVIDEDETAILS ABOUT THE PERSON, DOG OR CAT ATTACKEDIBITTEN
NAME:
AGE:
ADDRESS:
DATE OF ATTACK/BITE:
TIME OF ATTACK/BITE:
ADDRESS /LOCATION OF ATTACK/BITE:
.PLEASE DESCRIBE DETAILS ABOUT THE ATTACKING DOG
BREED, COLOUR & MARKINGS, IF ANY:
SEX & AGE, IF KNOWN:
NAME OF DOG OWNER:
ADDRESS OF DOG OWNER:
IS THE DOG KNOWN TO YOU: YES 0 NOD
HOW IS THE OWNER OF THE DOG KNOWN TO YOU?
HAVE YOU HAD PREVIOUS PROBLEMS WITH THIS DOG? YESD NOD
IF SO, PLEASE DESCRIBE:
WERE THE PREVIOUS INCIDENTS REPORTED TO AUTHORITIES? YES 0 NO I]
- 804 CONTINUED....
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I
DOG ATTACK/BITE REPORT
- 2-
I PLEASE DESCRIBE DETAILS ABOUT THE CURRENT INCIDENT:
DESCRffiE THE NATURE OF THE INJURIES, IF ANY:
DID YOU SEEK MEDICAL TREATMENT? YESD NOD
IF SO, NAME OF DOCTOR HOSPITAL/CLINIC
DID YOUR DOG/CAT REQUIRE VETERINARIAN TREATMENT? YES" NOD
IF SO, PLEASE ATTACH A COPY OF VETERINARIAN INVOICE.
DID YOU TAKE ANY PHOTOGRAPHS? YES D (ATIACH COPIES) NOD
WAS THE INCIDENT REPORTED TO: DURHAM REGIONAL
HEALTH DEPARTMENT YESD NOD
POLICE SERVICES YES:J NOD
OWNER OF DOG YESD NOD
IF SO, PROVIDE DETAILS / DA TE(S) OF REPORT(S):
.
IF NO REPORT WAS FILED, EXPLAIN WHY:
.PROVIDE INFORMATION ABOUT WITNESSES, IF ANY
WAS THERE A WITNESS (ES)? YESD NOU
PROVIDE WITNESSES - I) NAME:
ADDRESS:
2) NAME:
ADDRESS:
DATE SIGNATURE OF THE PERSON
FILING THE REPORT
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ATTACHMENT #2
MUNICIPALITY OF CLARINGTON
DOG ATTACK/BITE REPORT - DOG OWNER
THIS FORM IS TO BE COMPLETED BY THE DOG OWNER
YOUR NAME:
YOUR ADDRESS:
TELEPHONE #
HOME:
BUSINESS:
.PLEASE DESCRIBE DETAILS ABOUT YOUR DOG
BREED, COLOUR & MARKINGS, IF ANY:
SEX:
AGE OF DOG:
HAS YOUR DOG EVER BEEN AGGRESSIVE TO A PERSON OR DOMESTIC ANIMAL IN THE
PAST? YES D NO D
IF YES, DESCRIBE:
DID YOU WITNESS THE INCIDENT?
IF YES, PLEASE PROVIDE THE FOLLOWING DETAILS:
YESD
NOD
DATE OF INCIDENT:
TIME OF INCIDENT:
LOCATION OF INCIDENT:
PLEASE DESCRIBE THE INCIDENT:
IF NO, WHEN DID YOU BECOME AWARE OF THE INCIDENT?
DATE
SIGNATURE OF THE DOG OWNER
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ATTACHMENT #3
MUNICIPALITY OF CLARINGTON
DOG ATTACK/BITE - WITNESS STATEMENT
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m::! "" ";' '1'" ...,. . ., .,...". . '. .0.. '. '" ,.' ,_ " , ~. 1".0 d . .~~, 00 ." .0 I, ..., . 'I '."
r:~~,;:o.:oo:L,,:od;,;:o.:,_"'c!i!''':_,:,,:o'':;'';'"-:o:o:o~~"..:5.:L.::dL: ,_ooo_o~~_,,:o_:oooood;~,;::o om. '..i' m.-_".:;,'.o,;"+;"_,L,::;"L,._.:...:".::"o,,,T,,.:.,;A';,,;.:0.::.0' "_M';oL;~_,_~_:
NAME OF WITNESS:
ADDRESS:
TELEPHONE #
HOME:
BUSINESS:
PLEASE DESCRffiE DETAILS OF THE INCIDENT THAT YOU WITNESSED IN THE SPACE
PROVIDED BELOW:
DATE:
TIME:
LOCATION:
SUMMARY OF INCIDENT:
DATE
SIGNATURE OF WITNESS
NOTE: WRITTEN STATEMENT TO ACCOMPANY DOG AITACK/BITE REPORT - 8 D 7
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ATTACHMENT #4
MUNICIPALITY OF CLARINGTON
DOG ATTACK/BITE - INTERNAL REPORT
.'--iiB""iE"')~'~'''~''i'W'.)-''B''n'--B')\'''.Wi~Wi'W''i'W''''Wi'!Jj_~;,'w""WiOll\1l'II~' .
',:"I;~ . V ;p_ n ',':y)"" ; ." ; .00 ; _ ". VI:. . :1. j ,i.: _ _ Iii Ii _: ~..; . :
:,::,"". ;it.....",,,:,.iik:::o..ol:.<.o:,,.::o.'O.:,>.:::,.:;,,.:.<:_H::.o:::LLo__;~_:o:_:_:_: -.,1,:_. .,,,. ,"0::",:,,-,0;-,,,,,,0':<.00.0'00..';':.:>,,<.:.>:,, :,:.... .. .
OFFICER'S NAME:
DATE - REPORT FILED WITH SHELTER:
- DOG OWNER WAS NOTIFIED:
- WITNESSES WERE CONTACTED:
FOLLOW UP CALLS
- DOG OWNER:
-WITNESSES:
OTR ISSUED:
YES D
NO 0
PLEASE RECORD ANY FURTHER COMMENTS PERTINENT TO THE INCIDENT IN THE
SPACE PROVIDED BELOW:
DATE
SIGNATURE OF OFFICER
DATE FILE CLOSED:
COMMENTS:
808
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A TT ACHMENT #5
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY.LAW 2001-
A by-law to amend By-Law #99-90, as amended, being a
by-law to license, regulate and prohibit certain animals or
classes thereof within the limits of the Municipality of
Clarington, or defined areas therein, and to repeal By-laws
87-156,87-189,88-42,88-193,91-82,93-58,93-111,96_31
and 97-167.
WHEREAS the Municipal Act, R.S.O. 1990, Chap. MA5, as amended, authorizes a
municipality to pass by-laws prohibiting, regulating, restricting and requiring the licensing
of certain animals and further authorizes by-laws prohibiting and abating public
nuisances;
NOW THEREFORE BE IT RESOLVED, that the Council of The Corporation of the
Municipality of Clarington hereby enacts as follows:
THAT By-Law #99-90, as amended, be further amended as follows:
1. THAT Section 1.2, paragraphs u) and v) be deleted in their entirety and replaced
with the following:
u) Where "RESTRAINED" is used in connection with a dog which is the
subject of an "Order to Restrain" at its owner's household, it shall mean:
1. kept indoors in a manner respective of its environmental needs
which prevents the said dog from having contact with persons
who have not consented to contact; or
2. kept in a pen or other enclosure respective of its environmental
needs which prevents the dog which is the subject of an "Order to
Restrain" from,
i) leaving the owner's household
ii) coming into contact with persons who have not consented to
contact.
v) Where "RESTRAINED" is used in connection with a dog which is the
subject of an "Order to Restrain" at a place other than its owner's
household, it shall mean the said dog will be muzzled, leashed with a leash
no longer than 6 feet in length and under the care and control of a person
who is at least 16 years of age;
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2. THAT Section 1.2, paragraph aa) be deleted in its entirety and replaced with
the following:
aa)"ORDER TO RESTRAIN" shall be issued by an Animal Services Officer in
accordance with the provisions of this By-law;
3. THAT Section 1.5 be amended, by deleting the following wording:
"Schedule "B" - Vicious Dog Declaration"
and replacing it with:
"Schedule "B" - Order to Restrain"
4. THAT Section 5 be deleted in its entirety and replaced with the following:
SECTION 5 - "ORDER TO RESTRAIN"
Section 5.1 (a) The Animal Services Officer shall investigate any dog brte incident
which has been reported to the Durham Region Health Unit or to the Animai Services
Division of the Municipality.
Section 5.1 (b) Where an Animal Services Officer has investigated and is satisfied
that a dog has placed a person or domestic animal at risk of physical hann, the Animal
Services Officer shall issue an "Order to Restrain" the dog.
Section 5.1 (c) Where an Animal Services Officer has investigated and is satisfied
that a dog has bitten or attacked a person or domestic animal, the Animal Services Officer
shall issue an "Order to Restrain" the dog.
Section 5.2 Where an "Order to Restrain" has been issued pursuant to Section 5.1 of
this By-law, the dog owner will be served with a copy of the written "Order to Restrain" in
the fonn set out in Schedule "B". Service shall be effected by delivering the "Order to
Restrain" personally to the owner of the dog or by leaving it for the owner at his last
known or usual place of abode with an inhabitant thereof who appears to be at least 16
years of age or by registered mail to the owner's last known address. Service is deemed
to be effected five (5) days after mailing.
810
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Section 5.3 Where an "Order to Restrain" has been issued pursuant to Section 5.1 of
this By-law, the dog owner may apply to the Municipality for a hearing as to whether or
not the "Order to Restrain", in whole or in part, should be revoked. An application for a
hearing by Council shall be filed by the dog owner or the dog owner's agent, with the
Municipal Clerk of the Municipality at 40 Temperance Street, Bowmanville, Ontario, within
ten (10) business days (excluding Saturdays, Sundays and Statutory Holidays) of the
date the "Order to Restrain" is served upon the owner. As soon as practicable after
receipt of the appeal, the Municipal Clerk shall notify the dog owner and the subject of the
attack of the date, time and location of the hearing. If an owner fails to appear at such
hearing, the "Order to Restrain" shall be deemed to be in full force and effect as if no
appeal had been filed.
Section 5.4 Where an "Order to Restrain" has been issued pursuant to Section 5.1 of
this By-law, and no appeal has been filed, the dog owner shall have the dog which is the
subject of an "Order to Restrain" licensed and registered and pennanently identified by
microchip implantation, at the owner's expense, within twenty-one (21) days of the service
of the "Order to Restrain". In the event an appeal is filed, the dog owner shall comply with
the terms of the "Order to Restrain", as may be amended by Council, within seven (7)
days of the date the hearing is held. Any decision made by Council at the hearing is final.
Section 5.5 A dog owner who is required to licence, register and identify by microchip
implantation a dog which is the subject of an "Order to Restrain" issued under this By-law
shall provide proof thereof to the Animal Services Division of the Municipality within thirty
(30) days of service of the "Order to Restrain" when no appeal has been filed and wrthin
fifteen (15) days of the date of the hearing, when an appeal has been filed.
Section 5.6 Every owner of a dog which is the subject of an "Order to Restrain", issued
pursuant to Section 5.1 of this By-law, upon relocation of his or her residence, or that of
the said dog, or upon ceasing to own the said dog, shall be required to immediately notify
the Animal Services Division of the Municipality of the change of address, or the name
and address of the new owner or the new location of the said dog, as the case may be.
Section 5.7 Every owner of a dog which is the subject of an "Order to Restrain",
pursuant to Section 5.1 of this By-law, shall restrain the said dog at all times when the
said dog is at the owner's household.
Section 5.8 Every owner of a dog which is the subject of an "Order to Restrain",
pursuant to Section 5.1 of this By-law, shall restrain the said dog at all times when the
said dog is not at the owner's household.
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Section 5.9 The form "Order to Restrain" referred to in Section 5 shall be in the form set
out in Schedule "B" attached hereto,
5, THAT Schedule "B" be deleted in its entirety and replaced with Schedule "B" -
"Order to Restrain", attached hereto and forming part of this By-Law.
6. THAT By-Law #99-90, as amended, be and is hereby further amended.
By-law read a first and second time this day of September, 2001,
By-law read a third time and finally passed this _ day of September, 2001,
John Mutton, Mayor
Patti L Barrie, Municipal Clerk
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Schedule "B"
To By-law #2001-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
CLARINGTON ANIMAL SHEL TER
ANIMAL SERVICES DIVISION
ORDER TO RESTRAIN
Pursuant to Municipality of Glaring/on By-Law 99-90, as amended, Section 5
ORDERXXXX
This Order is issued to:
As owner of a dog described as:
An investigation of an incident involving your dog has been conducted by the Animal
Services Officer of the Clarington Animal Shelter and it has been determined that your
dog bit/attacked a person/domestic animal on the day of in the
year 20
In accordance with Clarington By-Law 99-90, as amended, you are hereby served
with notice that you, as owner of the dog, are hereby ordered to comply with the
requirements of Section 5, of By-Law 99-90, as amended, more particularly set
out as follows;
You shall:
1) licence and register the dog with the Clarington Animal Shelter and have the
dog permanentiy identified by microchip implantation, at your expense, within
21 days of receipt of this Order. You shall provide proof of such registration
to the Animal Services Division within 30 days;
2) notify the Clarington Animal Shelter Staff immediately upon relocating the dog
or upon transferring ownership of the dog;
3) restrain the dog at all times, while the dog is on your own property, by
keeping it enciosed in a pen or other enclosure in such a manner as to
prevent the dog from leaving your property and to prevent contact with people
and other animals;
4) restrain the dog at all times, while the dog is off your 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.
A certified copy of By-Law 99-90, as amended, forms part of this Order and is attached
hereto.
You may apply for a hearing by Council respecting this Order by filing an appeal in
written form with the Municipal Clerk at w
40 Temperance Street
Bowmanville, Ontario
L 1C 3A6
Within ten (10) business days of the date of service of this Order
As a result of the issuance of this Order, you are herewith responsible for ensuring
compliance with the provisions of Clarington By-Law 99-90, as amended. Failure to do
so will result in a prosecution under the Provincial Offences Act, R S. O. 1990, Chap.
P33, as may be amended from time to time. The maximum fine for offences under this
Act is $5,000.00
Issue Date:
Issued By.'
Served On:
Served By:
Date of Service:
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