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HomeMy WebLinkAboutCLD-029-05 Report 112 ~ REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: September 12, 2005 Report #: CLD-029-05 File#: By-law #: Subject: ORDER TO RESTRAIN - MILLS RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-029-05 be received; 2. THAT the Order to Restrain served on Darren Mills be upheld; and 3. THAT Darren Mills and Joe Savona be advised of Council's decision. Submitted by: .;~~. ~ \1 U ~Cc. Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO: CLD-029-05 PAGE 2 of 2 BACKGROUND On June 1, 2005, an incident of a dog attack was reported to Animal Services. Mr. Joe Savona reports that while he was delivering mail to a residence on Saunders Avenue, Bowmanville, a dog ran up behind him, jumped up and bit him on the back. He suffered bruising and teeth marks on his back. Pictures of the injuries have been provided to Animal Services. Following investigation of the incident, an Order to Restrain was issued to Mr. Mills, the owner of the home. In his letter of appeal, Mr. Mills has provided an explanation of the incident. A copy of this letter is attached as Attachment NO.1. The Order to Restrain requires Mr. Mills to: 1. licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation; 2. notify the 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 its own property, by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the dog from leaving the property and to prevent contact with people and other animals; and 4. restrain the dog at all times, while the dog is off their 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. Mr. Mills and Mr. Savona will addressing Council on September 12, 2005 to address this issue. Interested parties to be advised of Council's decision: Mr. D. Mills Mr. J. Savona Attachment No. 1 to Report CLD-029~05 , To Whom It May Concern; This appeal is in concern with the restraining order placed on my dog, Sandy. I live at 10 Saunders Ave. Bowmanville, On. Sandy is a 4 Yo year old Brittany Spaniel. She is the most gentle dog we know. We have 3 children, aged 3, 5, and 6. We are always having friends and fumily with children stopping in. Sandy has never made any act of aggression or even barked at strangers. She is used to being at the cottage with lots of other people and dogs. The restraining order states that Sandy bit the mail-man and is now a dangerous offender. She must be muzzled and walked by a person 16 years or older. I have no problem with her being walked by someone 16 or over but am really appealing the muzzle order. My children ride their bikes and I run along with Sandy. The muzzle makes it difficuh fur her to go on our long runs. On the day that this incident happened, my Father and I were preparing my driveway to be interlocked. Our mail slot is on the inside door of our house. That door was open. The mail-man opened the screen door and put the mail on the floor. The woOden step that is usually at the door was moved to the other side of the driveway. On one of our trips to the back yard, Sandy must have come too and was under the wooden step. I was using the motorized tamper and did not hear or see what happened. My father said that when the mail man opened the screen door, Sandy came out from under the step and looked like she went up on her hind legs and put her paws on his lower back. We did not know that she had bite him until we were called later. We do not understand what she was thinking. It is so unlike her, she has always been the most gentle dog, never showing any signs of protecting anything from our children to our house. We know she did not hear him coming because of the tamper running and because the wheel-chair ramp was away from the door. We understand that this still should not have happened and she would have normally been in the back yard. We know there must have been times that the mail-man must have opened the door with Sandy in the house with no problems. I really don't know how to explain what happened that day. Everyone is totally shocked, it is definitely not like Sandys character. We're not sure how to handle this appeal or what is expected of us. Please let us know if there is anything else we are to do. Thankyou, Darren Mills ~~~