Appeal to Muzzle Order - Ms. Darlaine Mathews -
147 Northover Street
Black Creek
The North York Community Council recommends the adoption of the following report (March
11, 1998) from the Solicitor, North York Civic Centre:
Purpose:
To report on an application for an exemption to the dog muzzling requirements of North York By-law No. 32823.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that the request for an exemption be granted based upon the fact that there is no
evidence to indicate that the dog is aggressive other than while it is protecting its own property.
Background:
The former City of North York enacted Muzzling By-law No. 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. Mathews 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 September 24, 1997, to a postal
carrier making a delivery on the dog owner's property. The second incident occurred on December
28, 1997, to a tenant walking past the dog. On January 6, 1998, a 'Notice to Muzzle' order was
issued to Ms. Mathews, 147 Northover Street in the community of North York.
The two bite reports received for the dog owned by Ms. Mathews were as a result of the dog being
territorial and protecting its property. The North York Animal Centre has no other record of
complaints regarding the dog owned by Ms. Mathews and there have been no reports of the dog
running at large or acting in an aggressive manner while being walked by the owner.
Conclusions:
It is therefore recommended that the request for an exemption from the muzzle order be granted in
view of the fact that the incidents occurred while the dog was protecting its territory and furthermore,
the muzzle order is not applicable while the dog is on its own property.
Contact Name:
Carl Bandow, Administrator, North York Animal Centre, 395-7086
(A copy of the Notice to Muzzle is on file in the office of the City Clerk, North York Civic Centre.)