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REPORT #2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Meeting: COUNCIL File# Olq.j}/L-I
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Date: JANUARY 10, 2000 Res. # (' - _-<:/ ~ (JO
Report #: CD-03-00 By-law #
Subject: VICIOUS DOG DECLARATION. ABERNETHY
It is respectfully recommended:
1. THAT Report CD-03-00 be received; and
2. THAT the vicious dog declaration served on Colin Abernethy be upheld.
BACKGROUND AND COMMENT
Mr. Abernethy owns two dogs, an adult male husky and an adult male huskylwolf cross. On the moming of
November 24, 1999, the two dogs were let out of the house and immediately ran in the direction of their
neighbour's farm. As Mr. Abernethy was not home at the time, his mother was called and immediately
came to the house. Approximately two months previous, one of the dogs had been to the neighbour's
home and terrorized her animal. At that time, the dog was chased away and Mr. Abernethy assured his
neighbour that this would never happen again.
When Mr. Abemethy's mother arrived at the fann, she found one goat dead, another bitten several times
and the dogs chasing two horses. One of the horses kicked one of the dogs and momentarily knocked it
out. Mrs. Abernethy was able to get control of the dogs and put them in her car. She went to another
neighbour and infonned them of what happened. Because the owner of the injured animals was not home,
these neighbours called the vet.
When the animals' owner arrived home, she found that the dead goat had her udder completely ripped
open, the skin of her groin ripped open, her intemal organs could be seen, she had two deep wounds
around her tail, severe rips on her back legs, torn flesh on her front left leg, two bloody bites on her left side
and one on her right. The vet believes she died of a heart attack, however, she never would have survived
her injuries. The other goat has a serious wound near her anus which she is being treated for and
puncture wounds on both hamstrings. She was in shock for four days and her stomach is very tender to
the touch. The horses have been traumatized and have been skittish since the incident.
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Report CD-03-00
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January 10, 2000
Following investigation of the incident, the Animal Services Officer issued two vicious dog declarations to
Mr. Abemethy. The declarations require the owner of the vicious dogs to:
1 , licence and register the dogs with the Clarington Animal Shelter and have the dogs permanently
identified by microchip implantation, at his expense, within 21 days of receipt of the Declaration.
Proof of such registration must be provided to the Animal Services Division within 30 days;
2. notify Clarington Animal Shelter immediately upon relocating the dogs or upon transferring
ownership of the dogs;
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;
4. . restrain the dogs at all times, while the dogs are off their own property, with the use of muzzles
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. Abernethy was also charged with allowing the dogs to run at large. Trial has been set for January 18,
2000.
It is our understanding that the husky has been relocated since this incident.
The owner of the farm animals has expressed the following concerns for the future:
1. The situation has caused her great emotional stress and loss and has robbed her of her peaceful
existence on her farm. Her horses will be afraid of dogs; her goat will be terrified of dogs. She has
put many hours of care into healing her injured goat and is very concerned that this could happen
again. She has not slept well since the incident because of worry and concern.
2. She questions who can assure her safety and the safetyof her animals in the future.
3. She is concerned about the people who now have the husky. Can this dog, who has killed, be
trusted in the future?
4, Can the husky/wolf cross, who has killed, be trusted with Mr. Abernethy's baby?
5. She is concerned about the safety of other are farmers who have livestock.
Report CD-03-00
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January 10, 2000
Mr. Abernethy will be addressing Council to appeal the vicious dog declarations on January 10, 2000. It is
staff's recommendation that the vicious dog declarations be upheld.
Respectfully submitted
Reviewed by
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Franklin Wu, M.C.I.P.
Chief Administrative Officer
Interested party to advised of Council's decision:
Colin Abernethy
4001 Concession Road 8
R.R. #1
Orono, Ontario
LOB 1 MO