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HomeMy WebLinkAboutCL 44-02 REPORT TO THE COMMITTEE OF THE WHOLE 7 Report Number: CL 44-02 Date: December 27,2002 From: Bruce Taylor, AMCT, CMM City Clerk Subject: Muzzling and Leashing of Dogs Recommendation: 1. That Clerk's Report CL 44-02 regarding the muzzling and leashing of dogs be received. 2. That the draft by-law to amend By-law Number 5728/00 (Cat and Dog By-law) to provide for the mandatory muzzling and leashing of a dog that has bitten a person or domestic animal be enacted, Executive Summary: At its regular meeting of November 4, 2002, Council passed a resolution directing that the Cat and Dog By-law be amended to state that where a dog has bitten a person or domestic animal, the Animal Control and Pound Supervisor shall order the dog to be muzzled and leashed for a period of time to be determined by the Supervisor. The resolution goes on to request that the Supervisor immediately inform the Clerk of all incidents involving a dog bite in order for the City to initiate proceedings against the owner of the dog under the Dog Owners' Liability Act where such proceedings are deemed in the best interest and safety of the community. Financial Implications: Not applicable Background: Please be advised that Council passed the following resolution at its regular meeting of November 4, 2002: 8 Report CL 44-02 Subject: Muzzling and Leashing of Dogs Date: December 27, 2002 Page 2 WHEREAS an incident occurred in the City of Pickering on October 10, 2002 wherein a child was bitten so severely by a neighbour's dog that the child was taken to the hospital emergency department for treatment; and WHEREAS the incident took place on a public road and the child did not provoke the dog in any way; and WHEREAS Section 9(1) of City of Pickering By-law Number 5728/00 (Cat & Dog By-law) states: Where a dog has bitten a person or domestic animal, the animal control and pound supervisor may, at his or her discretion, order the dog to be muzzled or leashed or both, for a period of time to be determined by the animal control and pound supervisor and the owner of the dog shall comply therewith. WHEREAS the Supervisor, Animal Services Centre determined that it was not necessary to order the dog that was involved in the October 10th incident to be muzzled; and WHEREAS the only other alternative left to the Mother of the child that was bitten to ensure the safety of her child was to make a civil application under the Dog Owners' Liability Act to have the offending dog destroyed; and WHEREAS Section 4(1) of the Dog Owners' Liability Act states that "If it is alleged that a dog has bitten or attacked a person or domestic animal, a proceeding may be commenced against its owner...."; and WHEREAS a proceeding under Section 4(1) of the Dog Owners' Liability Act may be made by the municipality in addition to the person that was attacked by the dog or other interested party; and WHEREAS it is the responsibility of the municipality and its agent being the PAW Animal Services Centre to ensure the safety of its residents through aggressive enforcement and application of its by-laws; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby AMMENDS Section 9(1) of City of Pickering By-law Number 5728/00 (Cat & Dog By-law) to read: Where a dog has bitten a person or domestic animal, the animal control and pound supervisor shall order the dog to be muzzled and leashed for a period of time to be determined by the animal control Report CL 44-02 Date: December 27, 2002 9 Subject: Muzzling and Leashing of Dogs Page 3 and pound supervisor. And such determination shall include a period of quarantine as required in consultation with the Durham Regional Health Department. And the owner of the dog shall comply therewith. FURTHER THAT such muzzling and leashing order remain in effect until the owner of the dog can prove definitively that they have effective control of the dog or until a decision is made by the PAW Joint Animal Services Committee in the event that the owner of the dog appeals the muzzling and/or leashing order; and FURTHER THAT the Supervisor, Animal Services Centre shall immediately inform the Clerk of the City of Pickering of all incidents involving a dog bite in order for the City to initiate proceedings against the owner of the dog under the Dog Owners' Liability Act where such proceedings are deemed in the best interest and safety of the community. A copy of this resolution was immediately forwarded to the Town of Whitby with the request that Pickering Council's decision with respect to the muzzling and leashing of dogs that have bitten a person or domestic animal be respected pending an amendment being made to the City's Cat and Dog By-law to implement the resolution. As a result of the resolution being passed, a Special Meeting of the PAW Joint Animal Services Committee was called to discuss the resolution and the implications it would have because the City of Pickering was requesting a higher level of service with respect to dog bite incidents than was being offered in the Towns of Ajax and Whitby, Attached to this Report is a copy of PAW Treasurer's Report 4-02 regarding Dog Biting that the PAW Joint Animal Services Committee considered at a Special Meeting held on December 10, 2002. (Copies of the attachments to the PAW Treasurer's Report are not included because they identify specific people and law enforcement issues.) Also attached is a copy of the Minutes of the Special Meeting held by the PAW Joint Animal Services Committee, It is important to note that the following points were made at the Special PAW Joint Animal Services Committee Meeting: . Only the Town of Oakville has a policy of mandatory muzzling orders, which results in about 160 orders being issued annually of which 75% result in appeals. Other GT A municipalities either do not issue muzzling orders or they have policies that are similar to those of PAW. . The Dog Owner's Liability Act was enacted to create liability for damages against a dog owner and to permit the injured person to seek redress in a simplified form without the necessity of commencing an action. Most often this Act is used by a victim of a dog bite to try to have the animal euthanized. 10 Report CL 44-02 Date: December 27,2002 Subject: Muzzling and Leashing of Dogs Page 4 . The Towns of Ajax and Whitby do not intend to change their Cat and Dog By- laws to provide for a mandatory muzzling order. They will continue to give discretion to the Supervisor of Animal Services to issue muzzling orders based on the following criteria: => The past and present temperament and behaviour of the dog; => The seriousness of the injuries caused by the biting; => Unusual contributory circumstances tending to justify the action of the dog; => The improbability that a similar attack will be repeated; => The dog's physical potential for inflicting harm; => Precautions taken by the owner to preclude similar attacks in the future; and => Any other circumstances that the Animal Services Supervisor considers to be relevant. . If Council proceeds to require mandatory muzzling orders that in turn could lead to a higher number of appeals from the order being requested, the PAW Joint Animal Services Committee may request Pickering Council to hear those appeals. . Section 210,10 of the Municipal Act states that every dog owner who has been issued a muzzling order is entitled to a hearing before Councilor a committee thereof or the animal control official, if so delegated by Council, which or who may exempt the owner from the muzzling or leashing requirement. Since it is the Animal Services Supervisor who issues the order, it would not be appropriate for her to hear appeals against the order. At present, Pickering Council has delegated the right to hear appeals to the PAW Joint Animal Services Committee, however, as noted above, the Committee may refer this right back to Pickering Council. Other than the above issues being discussed by the PAW Joint Animal Services Committee at its Special Meeting, no decisions or recommendations were made by the Committee. As directed by the resolution passed on November 4, 2002, I have provided a draft by- law to amend the City's Cat and Dog By-law to provide for mandatory muzzling and leashing orders as set out in the resolution. Attachments: 3. PAW Treasurer's Report 4-02 Minutes of the Special Meeting of the PAW Joint Animal Services Committee held on December 10, 2002 Draft by-law to amend By-law 5728/00 (Cat and Dog By-law) to provide for mandatory muzzling and leashing orders 1. 2. Report CL 44-02 Date: December 27,2002 11 Subject: Muzzling and Leashing of Dogs Page 5 Prepared By: 1Íz/ ~ ¿uce Taylor, AMCT, CMM City Clerk Attachments Recommended for the consideration of Pickering City Council " 12 J.\TTACHMENT#--L TO REPORT#~ Ljt.f- °'- CONFIDENTIAL TREASURER'S REPORT TO THE PICKERING. AJAX WHITBY JOINT ANIMAL SERVICES COMMmEE ITEM 4-0~~ December 10, 2002 Subject: Dog Biting Recommendation: That Treasurer's Report, Item 4-02, be received as information; Orjçlin: At a meeting held on November 4th, 2002, the Council of the City of Pickering passed the following resolution requiring the muzzling and leashing of dogs that bite a person or another domestic animal: WHEREAS an incident occurred in the City of Pickering on October 10th f 2002 wherein a child was bitten so severely by a neighbour's dog that the child was taken to the hospital emergency department for treatment; and WHEREAS the incident took place on a public road and the child did not provoke the dog in any way; and, WHEREAS Section 9(1) of City of Pickering By-law No. 5728/00 (Cat and Dog By-law) states: Where a dog has bitten a person or domestic animal, the Animal Control and Pound Supervisor may, at his or her discretion, order the dog to be muzzled or leashed or both, for a period of time to be determined by. the Animal Control and Pound Supervisor and the owner of the dog shall comply therewith, WHEREAS the Supervisor, Animal Services Centre determined that is was not necessary to order the dog that was involved in the October 10th incident to be muzzled; and WHEREAS the only other alternative left to the mother of the child that was bitten to ensure the safety of her child was to make a civil application under the Dog Owners' Liability Act to have the offending dog destroyed; and WHEREAS Section 4(1) of the Dog Owners' Liability Act states that "if it is alleged that a dog has bitten or attacked a person or domestic animal, a proceeding may be commenced against the owner,....,........."; and, WHEREAS a proceeding under Section 4(1) of the Dog Owners' Liability Act may be made by the Municipality in addition to the person that was attacked by the dog or other interested party; and WHEREAS it is the responsibility of the Municipality and its agent being the PAW Animal Services Centre to ensure the safety of its residents through aggressive enforcement and application of its by-laws; / TTACH ¡V; p. ", j, -(~ TO REPORT # ~l ye.¡ - (\""1- Treasurer's ReDort, Item 4-02 (Continued) -. 13 NOW THEREFORE the Council of the Corporation of the City of Pickering hereby amends Section 9(1) of City of Pickering By-law No. 5728/00 (Cat and Dog By-law) to read: Where a dog has bitten a person or domestic animal, the Animal Control and Pound Supervisor shall order the dog to be muzzled and leashed for a period of time to be determined by the Animal Control and Pound Supervisor and such determination shall include a period of quarantine as required in consultation with the Durham Regional Health Department and the owner shall comply therewith. FURTHER THAT such muzzling and leashing order remain in effect until the owner of the dog can pnwe definitely that they have effective control of the dog or until a decision is made by th.e PAW Joint Animal Services Committee in the event that the owner of the dog appeals the muzzling and/or leashing order; and, FURTHER THAT the Supervisor, Animal Services Centre shall immediately inform the Clerk of the City of Pickering of all incidents involving a dog bite in order for the City to initiate proceedings against the owner of the dog under the Dog Owners' Liability Act where such proceedings are deemed in the best interest and safety of the community. Analvsjs: Background As the resolution indicates, Pickering's action was precipitated by a dog biting incident which occurred in the City on October 10th, 2002, Attached to this report (refer to Attachment No, 1) is a copy of an overview of the incident prepared by the Clerl< of the City of Pickering, Contrary to the report, a muzzling/leashing order was issued by the Animal Services Supervisor on November 1, 2002. A copy of the order is set out in Attachment No, 2 to this report, The order requires the owner of the dog to keep it muzzled at all timE:S when the dog is outside. The order also requires that the dog be leashed when it is outside. Subsequent to the issuance of the muzzling/leashing order, the owner of the dog was found to be in violation of the order and charges have now been laid under the City of Pickering's Cat and Dog By-law for failure to comply with the'Drder. The charges are scheduled for court hearing in January, In addition to issuing a muzzling/leashing order, the Animal Services Supervisor in co-operation with the City of Pickering's prosecutor, assisted the victim's family in laying a private information under the Dog Owners' Liability Act to have the dog destroyed. Unfortunately, for reasons that are still not clear, the Justice of the Peace of the Ontario Court (Provincial Division) refused to hear the private infor"mation stating that, in his considered opinion, matters of this nature are more properly prosecuted by the "Municipality", The City of Pickering has subsequently initiated proceedings under the Dog Owners' Liability Act and the application is SChE!duled to be heard in January. This dog biting incident and the resulting actions of the Justice of the Peace and Pickering City Council raise questions regarding the appropriateness of P.A,W.'s policy procedures with respect to muzzling and leashing orders and the laying of informations under the Dog Owners' Liability Act. 14 Treasurer's Report. Item 4-02 (Continuef)\Ch,' ;;._L rc REPORT # ~l/'f- Ot.- MuzzlinQ and Leashing of DoQS Subsection 210(10) of the Municipal Act authorizes the councils of local municipalities to pass by-laws "for requiring the muzzling or leashing of a dog after it has bitten a person or a domestic animal, but the owner of the dog may request and is entitled to a hearing by the councilor a committee thereof or the animal control official of the municipality so delegated by Council, which or who may exempt the owner from the muzzling or leashing requirement, or both", In keeping with this, Ajax, Pickering and Whitby have all passed by-laws regulating the muzzling and leashing of dogs, Relevant extract from the cat and dog by-laws of the three municipalities is set out in Attachment No, 3 to this report. Prior to the passing of the October 10th, 2002, resolution of Pickering City Council, the issuance of muzzling/leashing orders in the PAW coverage area was discretionary, not mandatory, That is to say that where a dog bit a person or a domestic animal, the by-laws of the three municipalities gave the Animal Services SupE~rvisor the discretion of deciding whether or not a muzzling or leashing order was'. appropriate considering the circumstances, The owner of a dog that was ordered muzzled or leashed had the right to appeal the order to the Pickering, Ajax, Whitby Joint Animal Services Committee and the Committee's decision was final. In the last five years 8 problem dogs have been ordered muzzled by the Animal Services Supervisor. The PAW Committee has heard one appeal of a muzzling order, The. practice followed by other municipalities in the Greater Toronto Area varies sigmficantly from one municipality to another, For example, animal services staff in Burlington, Hamilton and Mississauga do not issue muzzling/leashing orders. The\( leave it up to the Ontario Court of Justice to make a ruling under the Dog Owners' Liability Act, Clarington, Newmarket and Oshawa follow a procedure similar to tl1at followed in Ajax and Whitby, Only in Oakville is there a mandatory muzzling/leashing procedure, If a dog bites a person in Oakville and the dog is not on its owner's property at the time of the incident then the dog is automatically ordered muzzled and leashed, Approximately 160 orders were issued last year in Oak'."ille of which approximately 75% resulted in appeals. StafF believe the best interest and safety of the public are served by giving the Animal Services Supervisor the discretion to decide whether a muzzling/leashing ord€:r is appropriate given the particular circumstances of the dog biting incident. After all, not all incidents are the same and not all are clear cut. In some cases the dog. may have been provoked, in others there may be some question as to the actual identity of the vicious dog or whether in fact a biting incident has actually occurred. Still in other cases, the dog biting may have occurred during the commission of a criminal act, It is important that the Supervisor of Animal Services be given the discretion to take into consideration; (a) (b) (c) (d) (e) (f) (g) the past and present temperament and behaviour of the dog; the seriousness of the injuries caused by the biting; unusual contributory circumstances tending to justify the action of the dog; the improbability that a similar attack will be repeated; the dog's physical potential for inflicting harm; precautions taken by the owner to preclude similar attacks in the future; and, any other circumstances that the Animal Services Supervisor considers to be relevant. DoCI Owners' Liability Act Where it is alleged that a dog has bitten or attacked a person or domestic animal, a proceeding may be commenced against the owner of the dog under the Dog Owners' Liability Act, Where the Ontario Court (Provincial Division) finds that the dog/has bitten or attacked a person or domestic animal and the Court is satisfied that an order is necessary for the protection of the public, the Court may order that the dog be destroyed or that the owner of the dog take such steps as are provided in the order for the more effective control of the dog, A copy of the Act is set out Treasurer's Report. Item 4-02 (Continued) .L., "~~~)O" f)" ,#CL ,,-/'1- ðl.- K,¡;;! ,\I -" 15 The Act was enacted to create liability for damages against a dog owner and to permit the injured person to seek redress in a simplified form without the necessity of cDmmencing an action. The Act was not created for the purposes of municipal enforcement, Even under the Municipal Act, a private citizen has the right to commence enfc,rcement proceedings for breach of a municipal by-law. The decision to enforce by-laws is a policy decision that each municipality must make and although a Justice may question the policy it is incorrect to deny a person the right to enforce a by-law becéluse the Justice does not agree with the policy decision of the municipality. In most municipalities in the Greater Toronto Area, persons wishing to seek redress as a result of a dog biting incident are required to make application to the Ontario Court for a private information, The municipality may assist the injured person with the paperwork and the prosecution, but the onus rests with the individual to make the application, not the municipality. It is only in extreme cases that most municipalities will commence a proceeding under the Dog Owne.rs' Liability Act to have a dog destroyed. 16 ,'fA...), ?- CL L/L/- 02- MINUTES OF THE SPECIAL MEETING OF THE PICKERING, AJAX AND WHITBY JOINT ANIMAL SERVICES COMMITTEE HELD ON TUESDAY, DECEMBER 10, 2002, AT 5:00 P,M, AT THE AJAX CIVIC CENTRE Present: D. Fox, Councillor, Town of Whitby - Chair P. Brown, Councillor, Town of Ajax W, Mclean, Councillor, City of Pickering M, deRond, Clerk, Town of Ajax D. McKay, Director of Corporate Services, Town of Whitby B. Taylor, Clerk, City of Pickering S. Koch, Supervisor, Animal Services Centre J. Holmes, Technical Advisor R. Bishop, Prosecutor for the City of Pickering and Towns of Ajax and Whitby This Special Meeting of the PAW Joint Animal Services Committee was called pursuant to Sections 9(1) and 9(2) of the Animal Control Agreement to consider Confidential Treasurer's Report 4-02 regarding dog biting. This Special Meeting was a Closed Meeting pursuant to Section 55(5) of the Municipal Act. 1. Moved by: W. Mclean That Confidential Treasurer's Report 4-02 regarding Dog Biting be received as information. CARRIED . Councillor Mclean gave an overview of the resolution passed by Pickering Council on November 4, 2002 regarding the muzzling of a dog where it has bitten a person or domestic animal. The Supervisor, Animal Services Centre, provided an overview of the criteria involved in determining if a dog should be muzzled once she has been notified that a dog has attacked and/or bitten a person or domestic ~mimal. Councillor Brown asked if a muzzling order could be imposed for a short period of time while an investigation of a dog attack and/or bite is undertaken. The Treasurer responded that Section 21 O( 10) of the Municipal Act states that a person who has been issued a muzzling order i!S entitled to a hearing before a Council or committee. Dr. Holmes stated that most modern muzzles are not uncomfortable for a dog, however, people are often frightened when they see a dog that is muzzled. Councillor Mclean stated that a comprehensive form should be developed that could be used by an Animal Services Officer when investigating a dog bite. Copies of this form should then be used to inform the local municipality, the Health Unit and the Police. He s:uggested that a muzzling order be issued pending an investigation of the clog bite incident. . . . . ..../2 ! U-\ L h ,'; . 7-- ¿ t. 1./'-/ - Ol.-- --2-- 1'7 . Hhonda Bishop provided an overview of the Dog Owner's Liability Act and noted that for municipalities like Pickering, Ajax and Whitby that have ¡¡lnimal control by-laws that include provisions for muzzling orders, this Act ¡is normally used by the victim of a dog bite to try to have the animal Eluthanized. A municipality could also use thjs Act if they felt that the history òf a dog that has bitten a person or domestic animal is such that a muzzling order is not sufficient and the dog should be euthanized. The Treasurer indicated that with respect to muzzling or restraining orders, the City of Pickering, through its resolution passed on November ..q" 2002, is requesting a different level of service provjded to the Towns of I~ax and Whitby. He suggested that the Council of the City of Pickering, (Ir a committee thereof, be appointed to hear appeals of muzzling or restraining orders. The Treasurer indicated that in the short term and until Pickering Council decides how it wishes to proceed with muzzling or restraining orders, he will instruct the Animal Services staff to immediately hssue muzzling orders for dog bites that occur in Pickering. . 2. Councillor McLean requested that a letter be sent to the Regional Senior J.!ustice stating that the actions and statements made by Justice of the Peace R. Beck on Tuesday, October 22, 2002 with respect to an action brought by Cynthia Mason under the Dog Owner's Liability Act respecting . ¡¡In incident on October 10, 2002 were inappropriate. It was the consensus of the members of the Committee that such a letter be sent and the Secretary was directed to prepare and send the letter. 3. I~diournment: The meeting adjourned at 6:23 p.m. Chair Secretary -' t "3 " # -~~ '-1'-1- elL- 18 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to amend By-law Number 5728/00 to provide for a cat and dog identification system, and for the determination of the compensation to be allowed for impounding, distraining and detaining cats and dogs. WHEREAS the Council of the Corporation of the City of Pjckering enacted By-law Number 5i'28/00 on August 8, 2000 to provide for a cat and dog identification system, and for the determination of the compensation to be allowed for impounding, distraining and detain:ing cats and dogs; and WHEREAS Council passed Resolution #126/02 on November 4, 2002 that directs the Animal Control and Pound Supervisor to order a dog to be muzzled and leashed where it has bitten a person or domestic animal; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Section 9(1) of By-law Number 5728/00 is hereby deleted and the following is sub~~tituted therefor: 9. (1) Where a dog has bitten a person or domestic animal, the Animal Control and Pound Supervisor shall order the dog to be muzzled and leashed for a period of time to be determined by the Animal Control and Pound Supervisor and such determination shall include a period of quarantine as required in consultation with the Durham Regional Health Department and the owner of the dog shall comply therewith. BY-LAW road a first, second and third time and finally passed this 20th day of January, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk