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HomeMy WebLinkAboutCLD-031-05 Report 114 CWl!gton REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: September 12, 2005 Report #: CLD-031-05 File#: By-law #: Subject: ORDER TO RESTRAIN - McLACHLAN RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-031-05 be received; 2. THAT the Order to Restrain served on Robert McLachlan be upheld; and 3. THAT Robert McLachlan and Vanessa Hill be advised of Council's decision. Submitted by: J~~~ Reviewed by: Franklin Wu, Chief Administrative Officer CAG' 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-031-05 PAGE 23 BACKGROUND The Animal Services Division received a Durham Regional Police Incident Report on July 29, 2005 regarding an incident of a dog attack which occurred at approximately 2:30 pm on July 26, 2005. The Police report states that Andrew Hill and his friends were playing in the greenspace behind his residence. The boys had tied a rubber hose to a tree in order to swing from it. A resident of 75 Birchfield, his son, and his dog came out to tell the boys to leave. The victim stated that he climbed up the tree in order to remove the rubber hose from the branches and on his way back down, the dog bit his left leg. The dog owner reports that the dog was on leash at the time of the incident. He further reports that he did not think that the dog bit the victim but only scratched him. The owner has supplied documentation that the dog has been vaccinated. Andrew Hill reportedly sustained one deep gash and two puncture wounds on his left leg. Medical attention was sought at the Courtice Health Care Clinic, and stitches were not required. M. Bacon, Animal Services Officer investigated the incident and received written reports from the owner of the dog and the victim. Mr. McLachlan was served with an Order to Restrain on August 2, 2005. He has filed an appeal of that order. His letter requesting the appeal and the reasons for it is attached hereto as Attachment NO.1. The Order to Restrain requires McLachlan to: 1. licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation; REPORT NO.: CLD-031-05 PAGE 3 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. McLachlan and Ms. Hill will address Council on September 12, 2005 to report on this issue. Interested party to be advised of Council's decision: Mr. R. McLachlan Ms. V. Hill To whom it may concern, Attachment No. 1 to Report CLD-031-0S I would like to appeal the Order To Restrain (order # 15-2005) served to me by The Municipality OfClarington on Aug 2/05. My dog, Dawson, was involved in an incident on July 26/05 when he jump up on a child who was climbing a tree. The child was injured as a result of this jump and it has been reported to me from Animal Services that this injury was the result ofa bite. I don't feel this incident was by any means an attack. I would like to appeal this order due to the following reasons. I) Dawson is a working sled dog throughout the winter months. This order states that he is to be muzzled and restrained on no more than a 6' lead at all times when off my property. To put him in harness in front ofa sled would extent him beyond the 6' lead as stated in the order. As well he would be unable to run any substantial distance while wearing a muzzle as this would impede his ability to pant properly and to eat snow on the trail as a means to hydrate himself. 2) In the mid to latter part of fall we need to start training for the upcoming sled season. This involves a scooter and Dawson again running in harness in front of the scooter. As stated in the previous example we would incur multiple infractions based on this order. I am terribly sorry that this incident occurred. I will continue to work with Dawson to ensure that something like this never happens again. He is not a vicious dog. I am the father of 5 children myself and I would not keep a vicious dog around my children. Dawson has been wearing a muzzle anytime we are out walking since this incident occurred. I have no issues with him wearing a muzzle while out walking, ['m only asking that his abilities as a working sled dog not be impeded. Thank you for taking the time to look into this matter. ~~V&'L;'S Robert McLachlan Courtice,Ont.