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HomeMy WebLinkAboutCLD-048-05 Report II 3 C!NJl1gton REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: December 12, 2005 Report #: CLD-048-05 File #: By-law #: c- DSt:D-n~S Subject: ORDER TO RESTRAIN - DEMERS RECOMMENDA TIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-048-05 be received; 2. THAT the Order to Restrain served on Nancy Demers be upheld; and 3. THAT Nancy Demers and Karen Darling be advised of Council's decision. Submitted by: o~~~ 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-048-05 PAGE 2 BACKGROUND The Animal Services Division was advised of an incident of a dog attack which occurred on Wednesday,August24,2005. According to Karen Darling, she was walking down Brooking Street when she heard a door open and close and then a Rottweiler was all over her dog (a 1-1/2 to 2 year old fox terrier/mini pincher). The Rottweiler continued to circle her while she was walking down the street and tried to get her dog while he was in Mrs. Darling's arms. The police were contacted and the officer went to the home to report the incident. Mr. Greg Morrison reports that he advised Mrs. Darling to sit on his porch as she was very upset with the Rottweiler following and chasing her. Following the investigation, an Order to Restrain was issued based on the dog placing persons and/or a domestic animal at the risk of physical harm. The Order to Restrain requires Ms. Demers 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. REPORT NO.: CLD-048-05 PAGE 3 Following this incident, Ms. Demers purchased a licence from the Municipality. Ms. Demers has filed an appeal of the Order and will address Council on December 12, 2005 to address this issue. Interested parties to be advised of Council's decision: Ms. N. Demers Mrs. K. Darling qocipgton November 24,2005 Ms. N. Demers 41 Brooking Street Bowmanvill, ON L 1 C 5J3 Dear Ms. Demers: Re: Order to Restrain #19-2005 .-:~il" _:.;_ I am in receipt of your appeal of the above-noted Order to Restrain. It is my intention to present this matter to Council at their meeting scheduled for ~. The meeting will commence at 7:00 p.m. in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville. Would you please advise of your availability for that date. In accordance with Section 5.3 of By-law 99-90, as amended, if you fail to appear at the hearing, the declaration shall be deemed to be in full force and effect as if no appeal had been filed. For your information, I have enclosed a draft copy of the report which will be presented to Council at that time. Yours truly, Patti L. Barrie, A.M.CT. Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 ~locipgton November 24, 2005 Mrs. K. Darling 261 Swindells Street Bowmanville, ON L 1C 5G7 Dear Mrs. Darling: Re: Order to Restrain #19-2005 In response to an incident that occurred on August 24,2005 with you and your dog, an Order to Restrain has been issued on the dog that was involved in the attack. In accordance with Section 5.3 of By-law 99-90, as amended, the owner of the dog, Ms. Nancy Demers, has applied to the Municipality for a hearing to be held to determine whether the Order should be revoked. This hearing is held by the Council of the Municipality of Clarington at a regularly scheduled Council meeting. Both you and Ms. Demers will be given the opportunity to address Council with respect to this matter. It is my hope to present this matter to Council at their meeting scheduled to be held on December 12, 2005. Would you please advise if you are available to attend at that time. The meeting commences at 7:00 p.m. in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville. For your information, I have enclosed a draft copy of the report which will be presented to Council at that time. Yours truly, Patti L. Barrie, AM.C.T. Municipal Clerk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Cl~pn REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: December 12,2005 Report #: CLD-0??-05 File #: By-law #: Subject: ORDER TO RESTRAIN - DEMERS RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-0??-05 be received; 2. THAT the Order to Restrain served on Nancy Demers be upheld; and 3. THAT Nancy Demers and Karen Darling be advised of Council's decision. Submitted by: Patti L. Barrie, AM.C.T. Municipal Clerk 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 REPORTNO:CLD~??~5 PAGE 2 BACKGROUND The Animal Services Division was advised of an incident of a dog attack which occurred on Wednesday,August24,2005. According to Karen Darling, she was walking down Brooking Street when she heard a door open and close and then a Rottweiler was all over her dog (a 1-1/2 to 2 year old fox terrier/mini pincher). The Rottweiler continued to circle her while she was walking down the street and tried to get her dog while he was in Mrs. Darling's arms. The police were contacted and the officer went to the home to report the incident. Mr. Greg Morrison reports that he advised Mrs. Darling to sit on his porch as she was very upset with the Rottweiler following and chasing her. Following the investigation, an Order to Restrain was issued based on the dog placing persons and/or a domestic animal at the risk of physical harm. The Order to Restrain requires Ms. Demers 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. REPORT NO.: CLD-O??-05 PAGE 3 Following this incident, Ms. Demers purchased a licence from the Municipality. Ms. Demers has filed an appeal of the Order and will address Council on December 12, 2005 to address this issue. Interested parties to be advised of Council's decision: Ms. N. Demers Mrs. K. Darling