Notice to Muzzle Dog Pursuant to City of London By-Law PH 4. Address: 203 Grenfell Place London, Ont., Postal Code: NSX 3B7

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1 * London CANADA Notice to Muzzle Dog Pursuant to City of London By-Law PH 4 "1. bk 6bl- 46 bo To: David Bogart Address: 203 Grenfell Place London, Ont., Postal Code: NSX 3B7 Being the owner of a dog described as: Breed Chesapeake Bay Retriever Sex: Female Spayed Colour: Brown Size: Medium size dog Name: Mocha Approximate Age: Adult London Dog License #: OD Microchip # Rabies Vaccination Date: Seutember 2009 Veterinarv Clinic: Other The undersigned Animal Control Officer is satisfied on the balance of probabilities that: On the date: 10-Jan-10 The above dog was identified as having bitten: 1 - -Abc-f&.aL-\N\* 0 "'bp &3. Take notice that pursuant to City of London By-Law PH 4 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 owner. Additional Muzzle Order requirements/responsibilities under City of London By-Law PH 4 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 designate? off-leash parks which the City may from time to time establish. 4. Have this dog implanted with a microchip within thirty (30) days of the issuance of this Notice to Muzzle Dog. 5. Provide the License Agent* with written proof of microchip implantation within thirty (30) days of the issuance of this Notice to Muzzle Dog. Hand delivered to: & log owner, or 0 an apparent adult living at this address Issued in the municipality of London, Ontario, this, I) 5 b- day of -0 m Served by, and on behalf of the London Animal Care Centre, agent for the City of London: (Print: Name / Ofleer #) &(Signatu e Received by: banb PFX (Print: Name) *London A nd Care Centre, 121 Pine Valley Blvd., London, Ont., N6K 3T6, P. (519)

2 Agenda ElEl item # Pa e # COMMITTEE OF APPEALS Appeal - "Dog Muzzle Order" Appellant :( dog owner): David Bogart 203 Grenfell PI., London ON N5X 3B7 Bite Occurrence: -the morning of January 10, 2010 on the driveway at 199 Grenfell PI. - residence of victim dog. Victim Dog: Bite Description: Dog owner: Biter dog: - a small, female spayed, tri coloured Jack Russell Terrier named 'Bella' - bite reported January 13, statements taken from victim dog owner on January 18, a large laceration surrounded by multiple puncture wounds on the back of the neck below the base of the head. -treated at Veterinary Emergency Clinic where wounds were cleaned, laceration closed using six sutures, drainage tubes inserted and medication prescribed. - David Bogart Grenfell PI - London - interviewed January 26, a medium sized, adult, female spayed, brown Chesapeake Bay Retriever named 'Mocha' Incident Details: Details of the biting incident are based on information collected impartially during investigation with both parties. This section provides an account of findings as recorded by the investigating Officer while in direct conversation with both the victim and owner of the biter dog. Victim Statement: Owner Statement: Additional Information: - exited garage afler shoveling snow with victim dog following him out to driveway area - viewed dog belonging to 203 Grenfell Place enter his driveway - heard commotion, looked up to see biter dog on top of 'Bella' - viewed biter dog grab 'Bella' by the neck, pick her up and commence a shaking motion - attempted to separate dog using snow shovel - owner of biter dog yelled at biter dog running to location and kicking the attacking dog in the hind end. - attempted a second strike with snow shovel causing biter dog to release grip - both dog were returned to their homes - at first victim dog appeared to be 'okay', sleeping in dog bed - afler returned from church, dog was exhibiting signs of fever in addition to blood now seeping from neck of victim dog - took victim dog to Veterinary Emergency Clinic for treatment - heard commotion, looked up to view 'Mocha' with victim dog pinned to the ground with her mouth - ran to location kicking 'Mocha' in hind end - viewed neighbour swing snow shovel in attempt to break up to the attack - 'Mocha' released victim dog and both dogs were returned to homes - attended residence of victim dog owner later in day to check on dog - no one home at residence, viewed victim dog inside home jumping and barking at window - spoke with owner of victim dog the following day, indicated that the dog was not doing well - common in neighbourhood to allow dogs to roam off-leash - victim dog owner initially did not call to report bite as he wanted to maintain relationships with neighbours - he is concerned about safety of other animals and felt it necessary to report to prevent future incidents Animal Control afler investigation, issued a Muzzle Order to David Bogart in accordance with City of London by-law PH-4

3 February 1, Grenfell Place, London, ON City Clerk, City of London, 300 Dufferin Ave., London, ON N6A 4L9. Dear City Clerk I would like to request a hearing to appeal the Muzzle Order recently placed on my dog, Mocha. A e d is photocopy of the " Notice to Muzzle Dog that 1 was issued by Officer OQuinn At your earliest convenience, please advise me of the status of my request. Thank you. Sincerely ; M@ David Bogart

4 Page 1 of 1 Rice-Gascon, Janet 1 From: Dave Bogart ~ Sent: ' Friday, March 12, :06 PM To: Rice-Gascon, Janet Subject: Muzzle Order Exemption Hearing - Bogart Attachments: muzzle.hearing.doc Dear Ms Rice ; We are writing to you ( and the Committee of Appeals ) in regards to reconsidering the Muzzle Order issued on our dog, Mocha. We are very sorry for this isolated incident that occurred with our neighbours dog in January We acknowledge that both dog owners are at fault by not having the dogs leashed. We feel that we are good citizens and responsible dog owners and would like to plea with the Committee to revoke the Muzzle Order. Please find attached a history of our pet ownership and relationship with our neighbours. Please know how sorry we are and we will ensure it will not happen again. Please confirm receipt of this message Sincerely ; Dave + Julie Bogart

5 . March 12, TO Committee of Appeals Environment and Transportation Committee ; 300 Dufferin Ave, London, ON, N6A 4L9. FROM : David and Julie Bogarl 203 Grenfell Place, London, ON, N5X 387 RE : Muzzle Order Exemption Hearing DOG OWNERSHIP HISTORY - BOGART 1 " dog... Lab I Shepard mix ( Desi )... Oct 31, May 19, 2006 ( 13.5 yrs)... licensed ; complete veterinary care... no incidents Znd dog... Chesapeake Bay Retriever ( Mocha )... Born : May 23,2006; Possession : July 15, licensed ; complete veterinary care... 1 incident on Jan 2, 2010 with neighbors dog ( "Bela"; Jack Russell ) RELATIONSHIP WITH NEIGHBOR ( WHO FILED COMPLAINT 16 years... friendly ; cordial ; respectful ; watchful eye when away ; daughter ( Rosa ) babysat for us ; dog owners their doo "Max" ; terrier ) bit my wife on the leg ( calf) during her pregnancy ( Eric )... we told( -3bout the incident... we did not file complaint "Max" bit my son ( Eric )on the arm... dog off leash ; on my front yard :. witnessed... we did not file complaint ' ' ' ~ ' babysitting Rosa's dogs ( 2 ) ; they escaped from yard and cornered my other neighbor tin their house ; they called me for help... we did not file comolaint BITING INCIDENT "Mocha" and "Bela" have played with each other, off leash, on each others property, without incident, since we brought Mocha home in 2006 ~ Jan 2 ( approx 9 AM ), myself ano' 'were out cleaning our driveways after a heavy snowfall he was just finishing as I was starting,..~ge came over with his snowblower to blowout bottom of my driveway both dogs were off leash... neither of us paying any attention to what dogs were doing... no need to when he finished up on my driveway, he returned home and I continued shoveling my back was to his driveway and he was in his garage putting snowblower away when incident occurred neither of us saw what provoked it... we both heard the "commotion" I immediately ran over to his driveway and pulled my dog away... I was first on the scene... he came running out of his garage with a shovel and took a swing at "Mocha" ( he missed )

6 there was no damage to my dog and I did not see any visible damage to his dog I brought my doa home and put her inside I went back to. '- - ',o apologize... both of us admitted that neither saw what provoked incident, both stated we would keep UUYS away from each other and keep them leashed - I went back to )around 3 PM to check on "Bela"... no one home ; I could see "Bela" through front door jumping up and downand barking... indicating to me that everything was OK I saw,r hext morning and inquired about "Bela"... that is when he told me about "Bela's" injury and that she required stitches Jan message on answering machine from Officer K. 0' Quinn asking for us to call back Jan called Officer 0 Quinn Jan Officer 0' Quinn fact finding visit and Muzzle Order PROPOSED SOLUTION "Mocha" has had no incidents with other dogs on or off leash... this was an isolated incident keep "Mocha" and "Bela" apart at all times abide by "Additional Muzzle Order Requirements I Responsibilities" as stated on "Notice to Muzzle Dog" waive the "muzzle" requirement with the stipulation that if there is another biting incident, the "muzzle" requirement will be a lifetime order RA TlONA LE our dog is already microchipped we have been extremely tolerant of. previous dogs "Mocha" has had no incidents with other dogs ( or humans ) on or off leash... this was an isolated incident no one witnessed what provoked the biting we have a history of responsible dog ownership our dog is currently licensed we are extremely tolerant 04 your watch" by this dog... VG wrrent dog.., it barks from 6-7 AM and PM daily... " you can set #lave not filed an official complaint

1 Pursuant to City of London By-law PH

1 Pursuant to City of London By-law PH ~~~~~~~ ~ ~ 0 d