May 28, 1998
To:North York Community Council
From:George M. Dixon,
City Solicitor, North York
Subject:Appeal of Muzzle Order served February 14, 1998, to Mr. John Obeyesekere of
175 Cottonwood Drive in the Community of North York, Ward 11
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 the request for an exemption 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 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 Mr. Obeyesekere 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 the dog biting on June 25, 1997. The victim was a seven year old boy who received two bites, one of
them required 3 to 4 stitches to close the injury. The victim was playing in the yard at 177 Cottonwood Drive when the dog
came out of the house at 175 Cottonwood Drive, ran towards the victim and bit. The second incident occurred on February
8, 1998; the victim was visiting at 177 Cottonwood Drive and was bitten as he went to his car parked in the driveway.
Punctures were received by the victim but no medical treatment is indicated in the Public Health report. On February 14,
1998, a 'Notice to Muzzle' order was served to Mr. Obeyesekere, 175 Cottonwood Drive in the Community of North York.
These two bite reports received for the dog owned by Mr. Obeyesekere are the only complaints that the North York
Animal Centre have on record.
Conclusions:
It appears that these incidents occurred because the owner failed to control his dog from being on the neighbour's property;
the recommendation to keep the muzzle order on the dog is for the protection of the public.
Contact Name:
Carl Bandow, Administrator,
North York Animal Centre
Phone: 395-7086Fax: 395-7090
E-mail: CNY_1F_.LEGAL:CARL
George M. Dixon
City Solicitor, North York
