1 Pursuant to City of London By-law PH

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1 ~~~~~~~ ~ ~ 0 d<w.tz$b Notice To Muzzle A Dog 1 Pursuant to City of London By-law PH London CANAOA To: Wendy Roscoe Address: 5310 latts Lane London ON P ~ B W C ~ ~ N6G ~ 5E4 Being the owner of a dog described as: Breed Shepherd mix Sex: BIMale, BINeutered 1) OFemale, OSpayed Colour: Tri Size: BILarge, OMedinm, OSmall Name: Jack Approximate age: years License # 7D Microchip #: None Rabies Vaccination date: 02-Feb-07 Veterinary Clinic: Staples Animal Hospital The undersigned Animal Control Officer is satisfied on the balance of probabilities that: On the date: 02-Sep-07 the above dog was identified as having bitten: 0 a person 11 BI a domestic animal Take notice that pursuant to City of London By-law PH you are hereby ordered to muzzle the dog identified above. Hereafter the dog shall be muzzled and leashed at all times when it is in any place other than the premises of the owuer. Additional Muzzle Order requirements/responsibilities under City of London By-law PH The owner shall: 1. Notify the License Agent* immediately upon change of ownership of this dog. 2. Notify the License Agent* immediately upon change of residence of this dog. 3. Keep this dog leashed at all times an under the control of some person when the dog is in any place other than the premises of the owner, including designated off-leash parks which the City may from time to time establish. 4. Have this dog implanted with a microchip withii thirty (30) days of the issuance of this Muzzle Order 5. Provide the License Agent* with written proof of microchip implantation within thirty (30) days of the issuance of this Muzzle Order. Definitions Bite - defmed bite means the breaking or puncturing or bruising of the skin of a person or a domestic animal caused by the tooth or teeth of a dog. Microchip - defied Microchip means an object which q y be permanently implanted in a dog by injection or surgical procedure, which is programmed to store a unique and permanent identification number and is capable of using radio-frequency signals to relay the stored information to a scanning device. Muzzle - defmed muzzle means a humane fastening or covering device of adequate strength over the mouth to prevent a dog from biting; Premises - defmed for muzzled dog premises means the private indoor dwelling space of the dog owner and those outdoor areas of the property that are enclosed so as to prevent the dog from escaping. * London Animal Care Centre, 121 Pine Valley Blvd. London ON N6K 3T6 Tel.:

2 LL 0 >. I-- o Appeal Process - In accordance with City of London By-law PH , upon payment of &50.00 Hearing Fee, you may request and are entitled to a hearing by the Appeals Tribunal, which may exempt you from muzzling and/or leashing requirements in off-leash dog parks. A request by the owner for a hearing shall be made in writing and delivered to the City Clerk within fifteen (15) days of the owner receiving the muzzling order. City Clerk for the City of London is located at 300 Dufferin Ave. P.O. Box 5035 London ON N6A4L9 Muzzle Order - Appeal - If you choose to appeal this Muzzle Order, the dog identified herein must remain muzzled until a decision is made at the Appeal. Upon payment of a $50.00 Hearing Fee you are entitled to attend the hearing, to adduce evidence, and to submit arguments to show this dog should not be muzzled and/or leashed and to cross-examine witnesses. Microchip - The owner of the dog identified herein must, at their own expense, have a microchip implanted in the dog and proof of implantation must be supplied to London Animal Care Centre within thirty (30) days of the issuance of the Notice to Muzzle A Dog or the Committee of Appeals decision if the Notice to Muzzle A Dog is appealed, whichever is later. IF YOU DO NOT ATTEND THE HEARING THE APPEALS TRIBUNAL MAY PROCEED WITH THE HEARING, AND YOU WILL NOT BE ENTITLED TO ANY FURTHER NOTICE IN THE PROCEEDJNG. Hand Delivered tofithe dog owner; 0 an apparent adult living in the residence Issued at London, Ontario, this day of A/ltA/,2007 by the London Animal Care Centre, Agent for the City of London Received by:

3 COMMllTEE OF APPEALS Appeal - Dog Muzzle Order Appellant :( dog owner): Wendy Roscoe, 562 Platts Lane, London ON N6G 5E4 Bite Occurrence: Victim Dog: Bite Description: Owner Statement: (victim dog) Biter Dog description: Dog Owner: Owner Statement: -the morning of September 2,2007 on the common ground area of 530 Platts lane - address of the victim dog - a 4 year old, small, female spayed, black and tan Dachshund mix named Spirit - a puncture wound approximately 1 cm in diameter at the base of the dog s left ear. -wound was cleaned and antibiotics administered by dog owner exited home with victim dog on leash via the back door - viewed large dog recognized as belonging to neighbour running at large in the common ground area -attempted to return to home to prevent any potential altercation - prior to reaching the front door, the large dog bit the victim dog -immediately picked-up the victim dog and ran to front door - called Animal Control and London Police to report the bite - a large, maleheutered, 2 % year old, tri coloured German Shepherd named Jack - Wendy Roscoe Platts Lane - London - attached dog by collar to a chain and placed the dog outside in the patio area of townhouse (unfenced) - approximately 5 minutes later, returned to the backdoor of unit to let the dog back inside the unit - dog was no longer wearing the collar or attached to chain, that were now laying on the patio area - approached shortly after by an Animal Control Officer regarding the biting incident. - unaware of the incident - believes dog may have slipped collar due to recent weight loss Animal Control after investigation, issued a Muzzle Order to Wendy Roscoe in accordance with City of London by-law PH-4. After considering both statements and based on the Balance of Probabilities as instructed by PH-4 the Dog Licensing and Control by-law the following factors were used in making this determination: - the Dog Licensing & Control by-law clearly indicates that where a bite has occurred and in the presence of a mitigating factor the Animal Control Officer shall issue a Notice of Caution to the owner unless the dog has previously bitten or the owner had previously received a Notice of Caution, or where the Animal Control Officer considers the bite to be severe. - - in this case, there were no mitigating factors that would excuse the aggressive behaviour of the dog at the time of the bite. in addition, the dog was also at large and not under control of the owner at the time of the attack which is in contravention of City of London by-law PH-4.

4 City Clerk for the City of London 300 Dufferin Ave. P.O. Box 5035 London, ON N6A4L9 Nov. 5,2007 To whom it may concern, I am writing this letter to request a hearing to have my dog exempt from muzzling. My dog, Jack, is very friendly with any people or other dogs that have been around him. I have 2 children that are aged 9 and 10 and Jack has never bitten them or any other child or person, even if they go near his food dish or take a toy from his mouth. He is an extremely sociable and relaxed dog. He has frequently played with many other dogs in Platt s Lane and there has never been an incident of fighting or biting ever before. There are many dog owners in our UWO residence that would say with a doubt that Jack is not an aggressive dog. The incident that occurred on Sept. 2,2007, was unusual because the owner of the other dog screamed and ran away from my dog which provoked him to chase them. Furthermore, the mark on the other dog s head was very small and it cannot be proven that the mark was even caused by my dog. I have made the collar on Jack tighter so that it will not be possible for him to pull his head out of it again, and I will be making an appointment with my veterinarian, Staples Animal Hospital, to have a microchip implanted this coming week. Thank-you for your time and consideration in this matter. Sincerely, &?& :A Wendi Roscoe 526 Platt s Lane...

5 , ' " '\ (. Nov. 5" The following is a list of names of people that know my dog, Jack. They can verify that Jack has played with their dogs and that he is a friendly dog that has never bitten them or their dogs. Signature A - Phone # i llllll 95 l~llllllll b II 11111l~l1tl /'

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