Report to/Rapport au:
License Committee /
Comité des permis
October 1st, 2006 / le 1ier octobre 2006
Contact/Personne-ressource:
Linda Anderson, Manager,
Enforcement and Inspection /
Gestionnaire, Application et
inspection
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Ref N°: ACS2006-CPS-BYL-0036 |
SUBJECT: animal control tribunal – appeal of muzzling order – ms. Margaret Lize
OBJET: TRIBUNAL DU CONTRÔLE DES ANIMAUX – APPEL D’UNE
ORDONNANCE DE MUSELLEMENT – mademoiselle Margaret Lize
REPORT RECOMMENDATION
That License Committee acting as the Animal Control Tribunal review the Chief License Inspector’s decision to issue a muzzle order for a biting incident involving Ms. Margaret Lize’s dog on June 8th, 2006.
Que le Comité des permis agissant à titre de
Tribunal du contrôle des animaux examine la décision du chef inspecteur des
permis de délivrer une ordonnance de musellement à la suite d’un incident
(morsure) ayant impliqué le chien de Mlle Margaret Lize le 8 juin 2006.
On June 11th, 2006, a complaint regarding a dog bite in the City of Ottawa was registered with the By-law Services Branch. The investigating officer found that a dog owned by Mlle Margaret Lize had bitten a person and that the dog’s behaviour constituted a contravention of By-law 2003-77. This section provides that no owner of a dog shall permit the dog to bite or attack without provocation a person or a domestic animal.
Ms. Lize is requesting that the Animal Control Tribunal review the requirements of the muzzle order.
Additional information will be presented at the review hearing.
27. No owner of a dog shall permit
the dog to bite or attack without provocation a person or domestic animal.
28.
Where the Director is informed upon complaint and confirms that a dog is
vicious, the Director shall serve notice upon the owner of the vicious dog
requiring the owner to comply with any or all of the requirements set out in
Sections 29 and 30 of the by-law upon receipt of such notice to comply.
29. Every owner of a vicious dog
shall at all times when the vicious dog is not in the owner's dwelling unit
but, otherwise within the boundaries of the owner's premises, ensure that:
(a) the vicious dog is muzzled so as to
prevent it from biting a person or domestic animal,
(b) the
vicious dog is securely leashed on a leash which does not allow it to go beyond
the property line of the owner's lands, and
(c) the
vicious dog is contained within an enclosed area, including a fence of an
appropriate height for the breed of dog, or in a manner such that the vicious
dog is unable to come into contact with persons or other animals.
30. Every
owner of a vicious dog shall at all times when the vicious dog is not within
the boundaries of the owner's premises,
(a) keep the vicious dog under the effective
control of a person sixteen (16) years of age or older and under leash, such
leash not to exceed two (2 m) metres in length, and
(b) keep
the vicious dog muzzled.
31. Every owner of a vicious dog
shall notify the Director within two (2) working days of any change in
ownership or residence of the vicious dog and provide the Director with the new
address and telephone number of the owner.
32. Where the owner of a vicious dog is
informed that he or she must comply with Sections 29 and 30 of the by-law, the
owner is entitled to a hearing by the Animal Control Tribunal who may exempt
the owner from the muzzling or leashing requirement, or both such requirements.
33. Where the owner of a vicious
dog requests in writing to the Director a hearing by the Animal Control
Tribunal,
(a) within fourteen (14) days of receiving
the notice to comply, or
(b) at any time after the
Animal Control Tribunal has confirmed the muzzling
or leashing requirement, or both, if the circumstances respecting the
vicious dog have changed, the Director shall advise the Committee Coordinator to the Animal Control Tribunal of the request for a hearing
and obtain a hearing date.
34. Upon
determination of the hearing date, the Director shall give notice in writing to
the owner of the vicious dog, said notice to:
(a) include a statement,
(i) as to the time, date, place and purpose
of the hearing, and
(ii) that if the owner of a vicious dog does not attend the hearing the Tribunal may proceed in his or her absence and he or she will not be entitled to any further notice, and
(b) be served personally or by registered mail to the owner of a vicious dog at his or her address last on file with the Director.
35. (1) The
Animal Control Tribunal shall hold the hearing pursuant to the provisions of
the Statutory Powers Procedure Act,
R.S.O. 1990, Chapter S.22, as amended at the time, date and place set out in
the notice to comply.
(2) The City shall be represented at the
hearing by either the Director or the City Solicitor, or the assistant who is
entitled to adduce evidence and submit argument.
(3) The
owner of the vicious dog may, at the hearing,
(a) be represented by
counsel or an agent,
(b) call and examine
witnesses and present his or her arguments and submissions, and
(c) conduct
cross‑examination of witnesses reasonably required for a full and fair
disclosure.
(4) The
Animal Control Tribunal may:
(a) exempt the owner of
the vicious dog from the muzzling or leashing requirement, or both, or
(b) confirm
the muzzling or leashing requirement, or both.
(5) The Animal Control Tribunal shall give
its decision in writing to the Director within seven (7) days of the date of
the completion of the hearing.
(6) The Director, in receipt of the decision
referred to in subsection (5), shall forthwith notify the owner of the vicious
dog of the decision by serving a copy personally or by registered mail to:
(a) the owner of the vicious dog at the
address last known to the Director, or
(b) the counsel or agent
of the owner of the vicious dog, if any, at his or her address as stated to the
Animal Control Tribunal.
(7) All hearings shall be public hearings
unless the owner of a vicious dog requests that the hearing be held in camera
and the Animal Control Tribunal may approve the request by a simple majority.
Ms. Lize has been notified of the date, time and location of the hearing, and has been provided with a copy of this report.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
The Chief License Inspector to implement the decision of License Committee accordingly.