January 30,1998
To: North York Community Council
From: George M. Dixon,
City Solicitor, North York
Subject: Appeal of Muzzle Order dated December 11, 1997, issued to Ms. C. Stott of 4005 Bayview Avenue, #318, in the Community of North York, Ward 12
Purpose:
To report on an application for an exemption to the dog muzzling requirements of North York By-law 32823.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that in the interest of public safety, the request for an exemption to the muzzling requirements of North York By-law 32823 be denied.
Background:
The former City of North York enacted Muzzling By-law 32823 on July 10, 1996. The by-law requires a muzzle order to be issued to the owner of a dog where the Chief Animal Control Officer has reason to believe that the dog has bitten a person or a domestic animal on two occasions. Where an order to muzzle has been issued, the by-law further requires the owner to muzzle the dog except when it is on the property of the owner.
Discussion:
The issuance of the muzzle Order to Ms. Stott is based upon the receipt of two separate dog bite incidents to human victims reported by the Public Health Department. In the first incident, the North York Public Health Department received a report of a dog bite on June 14, 1997 upon a 12 year old child. Regarding the second incident, the former City of Toronto notified the North York Animal Centre of an attack involving a bite to a human in Sherwood Park. The bite victim was jogging in the Park when the dog belonging to Ms. Stott bit the victim; the dog was not on a leash at the time. This incident occurred on November 29, 1997. The victim reported that the dog owner was very uncooperative and that the dog owner was identified as a result of information obtained after researching the dog's tag number. On December 8, 1997 a
order was issued, to Ms. Corrine Stott, 4005 Bayview Avenue, #318 in the Community of North York.
The North York Animal Centre has a history of complaints regarding dogs owned
by Ms. Stott. In addition to the biting incidents, complaints have been received regarding noise violations (barking dogs), dogs being off leash in parks and dog licence violations.
Conclusions:
The dog owner appears to have no regard to municipal legislation requirements to control her dogs. The removal of the muzzle order will only compromise the safety of residents when the dog is not on the property of its owner and accordingly, it is recommended that the request to grant an exemption to the Muzzle Order dated December 8, 1997 be denied.
Contact Name:
Carl Bandow, Administrator,
North York Animal Centre
Phone: 395-7086 Fax: 395-7090
E-mail: carl@city.north-york.on.ca
George M. Dixon
City Solicitor, North York
