special council agenda

THE CORPORATION OF
HALDIMAND COUNTY
SPECIAL COUNCIL
AGENDA
DATE:
August 31, 2015
TIME:
4:00 P.M.
PLACE:
Haldimand County Central Administration Building, Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. DISCLOSURES OF PECUNIARY INTEREST
D. NEW BUSINESS
1.
To conduct a hearing with respect to Appeal of Notice to Muzzle
(a) Notice of Hearing and Supporting Documentation
1) Welland and District Humane Society Incident # 10006, Dangerous Dog
Appeal Brief
2) Letter of Appeal dated June 11, 2015 from Appellants, Phil and Renata
LeRoux
3) Notice of Hearing dated August 19, 2015
4) Haldimand County Animal Control By-law 1396/13
(b) Hearing Procedure
1) Overview of hearing procedure – Randy Charlton, Manager, Building & Bylaw Enforcement
2) Randy Charlton – Presenter of Facts
3) Statement and Evidence of Animal Control Officer, John Hoadley with
Respect to Service of the Muzzle Order
4) Questions from Staff, the Appellant and Council
5) Presentation from the Witness, Robert Bennett
6) Questions from Staff, the Appellant and Council
7) Presentation from the Appellant, Phil LeRoux
8) Questions from Staff and Council
9) Summation by the Appellant
10) Recommendation – Randy Charlton
(c) Council Deliberation
The Appeal Committee shall have regard to the following matters where relevant, as
may be raised at a hearing:
1)
2)
3)
4)
5)
6)
7)
8)
9)
This by-law, the Dog Owner’s Liability Act and any other
applicable law;
the dog's past and/or present temperament and behaviour;
the seriousness of the injuries caused by the bite(s) or attack;
unusual contributing circumstances or mitigating factor(s) tending
to justify the dog's action;
the likelihood 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;
the seriousness of convictions under this by-law; and
the steps taken by the owner to comply with the by-law and avoid further
violations.
(d) Decision
Upon conclusion of the Hearing, having considered all of the matters in the Haldimand
County Animal Control By-law Section 114, Council shall make a decision:
1) that the dog has bitten or attacked a person or animal or has not bitten or
attacked a person or domestic animal
2) to order the dog to be muzzled
3) to modify the muzzle order in some manner
4) to quash the order to muzzle
5) to impose conditions in addition to any license or muzzle order (available
under section 124 of By-law 1369/13).
E. CLOSED SESSION (IF NECESSARY)
F. CONFIRMING BY-LAW
1.
A by-law to confirm the proceedings of Council of The Corporation of Haldimand County
G. ADJOURNMENT
AGENDA – Special Council
August 31, 2015
Page 2
Welland and District Humane Society
Humane Society Incident # 10006
DANGEROUS DOG APPEAL BRIEF
Phil and Renata LeROUX
Appeal Hearing Date: TBD
PARTICULARS OF OWNER:
1.
Phil and Renata LeROUX, 721 Concession 1 Rd South, Haldimand
PARTICULARS OF INCIDENT
Date- May 30th, 2015
Place- Haldimand County
It is alleged that a shepherd type dog known as “JOSIE” owned by Phil and
Renata LeROUX of 721 Concession 1 Road South in Haldimand did bite domestic
dog known as “BELLA” owned by Robert BENNETT of 709 Concession 1 Road
South, the adjacent address. As a result, restrictions were placed on “JOSIE” for
greater control pursuant to section 121 of Haldimand County bylaw 1396-13.
This order is under appeal.
WELLAND & DISTRICT HUMANE SOCIETY
·
CASE
BY-LAW INTAKE FORM
DATE::Ltvb.
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COMPLAINANTINFO:
TIME:
Name:
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Address:
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this a repeat compliant
YPE OF COMPLAINT
10-1~ 0
10-27~
10-18 0
10-28 D 10-320 10-330
10-490 10-510 10-520 10-920 10-930
10-35~0-360 10·:430
STATEMENT ATTACHEDio
ANIMAL DESCRIPTION
,f
. Dog)'L CatO ExoticD Fanno
~~:~~ctive'.ft~f:ti~_Y_·____ ~i~1~_r_15
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AGGRESSIVEO
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OFFICER USE ONLY
Date:- - - -
Time:
Muzzle Order issuedO .
Current LicenceO- -
--
Officer:- -
POAD
Report: ---------,----~-------
John Hoadley
From:
Sent:
To:
Subject:
Attachments:
Ryan Huurman <ryanh@wellandspca.com>
Monday, June 01, 2015 20:20
John Hoadley
Fwd muzzle order statement
Bella.pdf; l.JPG; 2.JPG
Hoadley,
See statement below. Also pictures attached.
Thanks again
Ryan
Sent from my Samsung device over Bell's LTE network.
-------- Original message -------From: Rob <rrbennett@live.ca>
Date: 2015-06-01 16:06 (GMT-05:00)
To: ryanh@wellandspca.com
Subject: Robert Bennett
Saturday night around 6:30- 7:00 we were out on the back deck and the three dogs were out with me. When I
heard the girl next store start to scream I looked over and saw the German shepherd running towards the
dogs. By the time I had got down to the dogs, she had already grabbed Bella. I grabbed the German shepherd
"Josie" and tried to carry her back home, I fell so I got on top of her and held her down.
Renata the owner of the dog came out and started yelling for Josie. She took the dog home.
I thought my son had saw what had happened but he only heard the screaming.
Thank
Robert Bennett
1
Puncture wound on back of “BELLA”
Photograph taken by Robert Bennett
Puncture wound on “BELLA”
Photograph taken by Robert Bennett
Ontario Society for the Prevention of Cruelty to Animals
Occurrence Report
Investigation# 10006
Printed by:
Printed on:
Welland & District SPCA
June 14, 2015 10:47 am
Branch/Municipality:
Date Received:
Haldimand
Jun 01, 2015
Informant:
BENNETT, Robert
Street:
709 Concession 1 Rd South Cayuga
Time Received: 11:25 am
Phone (Work):
City: Haldimand, ON
Initialed by: Turmel, Nina
Phone (Home): (905) 388 - 8825
Postal Code:
LeROUX, Phil / Renata
Phone (Work):
Phone (Home): (905) 772 - 1669
721 Concession 1 Rd South Cayuga
Street:
City: Haldimand, ON
Postal Code: N0A 1E0
Attended house but nobody was home. "JOSIE" is contained in the house. Later, I spoke to Robert BENNETT who asked what was being done. I
explained that conditions would be placed on the dog restricting its movement and freedom. I told him that if he obtained evidence of contravention of
the order, we could proceed to court. BENNETT asked me what it would take to have the dog removed or euthanized. I told BENNETT I would send
him information on the Dog Owner's Liability Act. BENNETT asked about his vet bill. The vet bill would be a civil matter if they did not agree to pay.
Muzzle order sent June 2nd. Registration Number: RN077123482CA
June 8: Delivery confirmed via Canada Post.
June 10: Spoke with Phil LeROUX on phone. He alleged that "BELLA" was trespassing when "JOSIE" attacked her and that BENNETT had dragged
"JOSIE" onto his own property and punched "JOSIE" several times in the head. The only witness for this allegation was LeROUX's 11 year old
daughter. Advised LeROUX of appeal right. Clarified that dog must be PHYSICALLY confined while on property, not verbally. When taking dog out,
leash was considered physical control.
Owner:
Complaint:
May 30th at around 6:30pm the complainants dog "BELLA", a spayed female white maltese type dog three years of age, was on it's own property. A
german shepherd type dog known as "JOSIE", a female black and tan dog, trespassed onto CP property and bit "BELLA" resulting an punctures and
veterinary expenses of $124.93 at the time of complaint.
dogs
Investigation Type:
Investigation Report:
Infraction Type:
10-35
Validity Type:
Justified
Important Dates:
Jun 08, 2015
Report Date: Jun 02, 2015
Muzzle Order
Charge Laid:
Date Charged:
Criminal Code:
Case Specifics:
Date Closed:
Investigator(s):
Hoadley, John
Supervisor:
Signature:
Page 1 of 1
Report Time: 01:12 pm
---. Dunnville Veterinary Clinic
Page 1 /1
110 Ramsey Drive
Dunnville , ON N1A 1K8
(905) 774-7642
Robert Bennett
709 Concess ion #1 South
Cayuga, ON NOA 1EO
Patient 10:
01/06/2015
Client ID: 3371
Invoice #: 72155
Date: 01/06/2015
6 1590
Weight :
Patient Name: Bella
Birthday:
01 /06/2012
Species:
Canine
Sex:
Female
Breed:
Maltese
Description
Staff Name
Examination/Cons ultation
cc Convenia 80mg/m l
Dr. Cassie Brown
Quantity
1.00
0.70
Total
$72.00 T
$38.56 T
Patient Subtotai:
$110.56
Invoice Total:
$110.56
HST :
$14. 37
Total:
$124.93
Balance Due:
$124.93
Previous Balance:
$0.00
Balance Due:
$124.93
Master Card:
(51:2493)
Less Payment
(312423)
Balance Due:
$0.00
-
Our doctors and staff would like to thank you for choosing our Hospital. We appreciate your business and enjoy providing care for your animals. Find us on Facebook . Thank You. HST # 86077 3255 RT0001 WELLAND
& DISTRICT
SOCIETY FOR THE PREVENTION OF CRUEL TY TO ANIMALS
(WELLAND & DISTRICT HUMANE SOCIETY)
60 PROVINCIAL STREET
WELLAND, ON L3B 5W7
905-735-1552 OR 1-888-222-0568
Date
1-:Su;11 ~ 2
,1
~a 15
NOTICE TO MUZZLE
This is to info~u that on I
(a) a person~domestic
po
~
-Z.,o
;15
I your dog has attacked/bitten or caused injury to
amm: or (c) 1has a known propensity, tendency or disposition to attack.
Description of dog: I j3'/a ck e..-..d ti?. '5,/,,i ~.-LYd lyfr J<ij'
i/ ']05/e 1'
(A) ~ Dog is to be leashed and muzzled at all times when on any public street or public place that is not owned or controlled by the
owner. The chain or leash shall not to exceed 1 meter in length and the muzzle will not cause injury to the dog or interfere
with its vision or respiration . (ALL).
(B) ~ At all times while the dog is on the premises owned or controlled by such person, the dog is to be kept securely confined either
indoors or in an enclosed pen or other structure of minimum size of 5 feet by 10 feet (2 meters X 4 meters embedded 1 foot
into ground if no floor - in Haldimand) capable of preventing the entry of children and other animals and adequately
constructed to prevent the dog from escaping . (ALL)
D
(D) D
(C)
Conspicuously display a sign on the property where the dog is kept that states there is a dangerous dog on the property.
(A LL)
Confine said dog so to allow lawful entry onto the premises of the dog owner without the fear of attack by said dog. (W, P,
WF,WL, PC)
(E)D For the purpose of identifying such dog as dangerous, you must at your own expense have implanted in such dog a microchip
and provide such
(F)~
micro~hip
information to the Welland and District SPCA. (W, PC, H, WL)
Allow an Animal Control Officer or Police Officer to inspect such pen or other structure or to make whatever inquiry is deemed
necessary to ensure compliance with this notice. (W, P, WF, PC, H)
(G)~
Notify immediately if said dog is loose , unconfined, attacked , died, sold or given away and if sold or given away provide the
Welland and District SPCA with name, address and telephone number of the new owner.
(W, P, WF, PC WL)
(H)D Obtain and maintain a policy of public liability insurance by an insurer licensed by the Province of Ontario providing third party
liability coverage in an amount of not less than One Million ($1,000 ,000) Dollars for any damage or injury caused by such
and Welland and District SPCA to be named as an
dog. Policy shall contain a provision requiring
additional insured for the sole purpose of being notified of the policy being cancelled , terminated or expiring . Provide the
Welland and District SPCA with a copy of the policy and all renewals and cancellations. (W, PC, H, WL)
I
Spay I Neuter dog at owners expense (W, PC, H, WL)
(1)0
(J)
I
~ Procure dangerous dog licence (PC, H)
Failure to comply with the above notice will result in fines or a summons to Court with a maximum fine of $5000 and or a hearing under
the Dog Owners Liability Act where a judge may place more restrictions on the dog or order it destroyed.
ltems l
Af/f ~
Ito be complied with by (time) I co/ .:-oo ,4. .11
ltems l
:::£. .
Ito be complied with
by (time) I C5 Cf ~ t:?CJ},.. J..1
I(date) I ':f'"1>1.~ ~-I U
I (date) I :f'"'~
I
5 I
) 2-- 1 'Z-() I$'
I
For complete wording on dangerous dogs obtain a copy of your local canine control by-law from your City Hall
Name of dog owner:
Address:
Phone:
n; }
I
-f-i<-eM
IJ-tif
Le EoU>i I
(Animal
71- i C61o1c l Rd So·
Ca>/ i.A.7'0f / 0 A)
No A 1£ o
I C.ltf? 7 7 k
:r.- tl OAJ?l-~
Contro~er)
i{£ q
SEE APPLICABLE BY-LAW FOR APPEAL PROCESS (attached)
Rev. 8-05
CANADA
)I,.
POST
Date:
POSTES.
CA HADA
2015/06/1 O
Dear Sir or Madam
Please find below the scanned delivery date and signature of the recipient of the item identified below:
Item Number
RN077123482CA
Product Name
Letterma i l/Poste-lettres
Reference Number 1
Not Applicable
Reference Number 2
Not Applicable
Delivery Date (yyyy/mm/dd)
2015/06/08
Signatory Name
PHIL AND RENATA LEROUX
Signature
Yours sincerely,
Customer Relationship Network
1-888-550-6333.
(From outside Canada 1 416 979-8822)
This copy confirms to the delivery date and signature of the individual who accepted and signed for the item in question. This information has been extracted from the Canadapost data
warehouse
Ontario Society for the Prevention of Cruelty to Animals
Occurrence Report
Investigation# 8898
Printed by:
Printed on:
Welland & District SPCA
June 14, 2015 10:48 am
Branch/Municipality:
Date Received:
Haldimand
Jul 29, 2014
Informant:
BENNET, Robert
Street:
709 Concesion 1 Rd South Cayuga
Time Received: 01:05 pm
Phone (Work):
City: Haldimand, ON
Initialed by: Coons, Steph
Phone (Home): (905) 730 - 8668
Postal Code:
LeROUX, Renata
Phone (Work):
Phone (Home): (905) 772 - 1669
721 Concession 1 Rd South Cayuga
Street:
City: Haldimand, ON
Postal Code:
Dog ran at CP while he was on his scooter with his two small dogs (JRT and shih tzu). Punctures observed on back. Spoke to owner of dog, 7yr old
black tan german shepherd "JOSIE". Prior incidents not reported. Owner going to rehome the dog within a week. I met the dog. It is confined to a pen
for the time being. Very friendly with people. Advised owner to contact SPCA for advice. Owner called. No charges filed or muzzle order issued at this
time.
August 1: LeROUX called SPCA and advised agent Hoadley that she couldn't find a rescue for JOSIE. Wants to try invisible fence to contain but will
consult with neighbour. Mentioned that BENNET's dogs have trespassed in the past and was concerned they might again.
August 3: Received email from Renata LeROUX which reads as follows:
"Hi John,
I just wanted to let you know that my neighbour Rob actually approached me yesterday and suggested we just keep the dog in her kennel so that she
could stay. I was very relieved and he has been very understanding about the whole thing. I am going to look into some other options like the electric
fence and one of our neighbours up the road knows someone who does training to reduce aggression in dogs. Thanks for your help and
understanding throughout this situation.
Renata Leroux
Cayuga"
Owner:
Complaint:
Shepherd was running loose and attacked one of CP's dogs. Bite marks present.
dogs
Investigation Type:
Investigation Report:
Infraction Type:
10-35
Validity Type:
Justified
Report Date: Jul 30, 2014
Charge Laid:
Date Charged:
Criminal Code:
Case Specifics:
Date Closed:
Investigator(s):
Jul 30, 2014
Hoadley, John
Supervisor:
Signature:
Page 1 of 1
Report Time: 12:50 pm
NOTICE OF HEARING
TAKE NOTICE that the Council of Haldimand County will hold a heading under
Section 105 of the Municipal Act to hear an appeal of a muzzle order.
Date:
Location:
Time:
Appellant:
Welland & District SPCA:
August 31, 2015
Haldimand County Council Chambers
45 Munsee Street North, Cayuga
4:00 p.m.
Phil & Renata LeRoux
John Hoadley, Officer
Amanda Ellis, Enforcement Manager
The purpose of this hearing to provide all interested parties the opportunity to
present evidence to support their position with respect to this Notice to Muzzle.
Having heard the evidence, Council shall deliberate the merits of the evidence
submitted and shall render a decision.
All parties and participants should attend at the start of the heading at the time
and date indicated. If you do not attend and are not represented at his hearing,
Council may proceed in your absence and you will not be entitled to any further
notice of the proceedings.
Dated at Haldimand County this 19th day or August, 2015.
Evelyn Eichenbaum
Clerk
Cayuga Administration Office, 45 Munsee Street North, P.O. Box 400, Cayuga, Ontario N0A 1E0
Phone: (905) 318-5932 · Fax: (905) 772-3542
www.HaldimandCounty.on.ca
THE CORPORATION OF HALDIMAND COUNTY
By-law No.
/15
Being a by-law to confirm the proceedings of Council of The
Corporation of Haldimand County
WHEREAS the Municipal Act, S.O. 2001, c.25, Section 5, provides that the powers of a
municipal corporation shall be exercised by its Council;
WHEREAS Sections 10(1) and 10(2) of the Municipal Act, stipulate that a single-tier
municipality may enact by-laws to provide any service or thing that the municipality
considers necessary or desirable for the public;
AND WHEREAS in many cases action which is taken or authorized to be taken by
Council does not lend itself to the passage of an individual by-law;
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as
follows:
1.
THAT each motion, resolution and other action of the Council of The Corporation
of Haldimand County passed and taken by Council at its Special Council
meeting held on the 31st day of August, 2015 be and are hereby approved,
adopted, ratified and confirmed.
2.
AND THAT where no individual by-law has been or is passed with respect to the
taking of any action authorized in or by the above-mentioned minutes or with
respect to the exercise of any powers by the Council in the above-mentioned,
then this by-law shall be deemed for all purposes to be the by-law required for
approving and authorizing and taking of any action authorized therein or thereby,
or required for the exercise of any powers therein by the Council.
3.
AND THAT the Mayor and the proper staff of The Corporation of Haldimand
County are hereby authorized and directed to do all things necessary to give
effect to the said action of the Council or to obtain approvals where required and,
except where otherwise provided, the Mayor and the Clerk are hereby directed
to execute all documents necessary on behalf of The Corporation of Haldimand
County and to affix the corporate seal thereto.
READ a first and second time this 31st day of August, 2015.
READ a third time and finally passed this 31st day of August, 2015.
MAYOR
ACTING CLERK