The Corporation of the Town of Essex Appeal Hearing with Resped to a Notice to Muzzle November 17, 2015 An Appeal Hearing with Respect to the Roelens Notice to Muzzle was held on Tuesday, November 17, 2015 at 4:30PM in the Town of Essex Municipal Building Council Chambers, 33 Talbot Street South, Essex, Ontario. Mayor McDermott called the Hearing to order. 1. Roll Call Present: Mayor Ron McDermott Ward 3 Councillor Larry Snively Ward 4 Councillor Sherry Bondy Also Present: Russ Phillips, Chief Administrative Officer Donna Hunter, Director of Corporate Services Cheryl Bondy, Clerk Fern Walsh, Animal Control Officer Dave Walsh, Animal Control Officer Linda Roelens, Applicant Diane Di Novo, Person who saw the alleged vicious dog bite a person From the Public: See attached sign-in sheet 2. Declarations of Conflict of Interest There were no declarations of conflict of interest. 3. Purpose of Meeting and Decision of the Appeal Committee as provided by the Clerk The purpose of the meeting is to hear an appeal of a Notice to Muzzle by Applicant, Linda Roelens in accordance with Section 4 of By-law Number 1435, being a By-Law to regulate, licence and control animals within the municipal boundaries of the Town of Essex pursuant to Section 105 of the Municipal Act, 2001, as follows: "If a municipality requires the muzzling of a dog under any circumstances, the council of the municipality shall, upon the request of the owner of the dog, hold a hearing to determine whether or not to exempt the owner in whole or in part from the requirement". Section 4.07 of By-Law Number 1435 outlines the process as it relates to a decision of Notice to Muzzle Appeal Hearing- November 17, 2015 Page 1 of 5
the Appeal Committee: 4.07.8 The Appeal Committee shall deliberate the merits of the evidence presented and shall render its decision at the meeting or shall reserve its decision to be presented later, which shall not be later than ten (1 0) days following the date of the hearing; 4.07.9 A decision of the Appeal Committee may confirm that the dog is dangerous and the Notice to Muzzle is binding on the Owner, or may exempt the Owner of the dog from muzzling, restraining or leashing requirements; 4.07.1 0 If the parties to the Hearing consent, the hearing may be disposed of by a decision of the Appeal Committee without a hearing; 4.07.11 The decision of the Appeal Committee shall be final and binding. 4. Background Information Relevant to the Hearing a) Declaration Regarding a Vicious Dog for incident on July 22, 2015; b) Notice to Muzzle served on August 19, 2015 to Myron Roelens; c) Application for a Hearing with Respect to a Notice to Muzzle received by the Town of Essex on September 17, 2015; d) By-Law Number 1435; and e) Letters from Jay Beaudoin, Myron Roelens and A. Meloche f) Leamington District Memorial Hospital records of Windsor-Essex County Health Unit Animal Bite Investigation for Diane Di Novo 5. Confirmation of Notice Hearing with Resped to a Notice to Muzzle The Clerk advised the Hearing that on October 20, 2015 the Notice of Hearing, the Appeal Hearing Agenda and background information identified in Section 4 of the Hearing Agenda were emailed to Linda Roelens; Diane Di Novo; the Appeal Committee; Essex County K9 Services; Donna Hunter, Director of Corporate Services for the Town of Essex; and Russ Phillips, Chief Administrative Officer for the Town of Essex. The above documents were also mailed to Linda Roelens on October 20, 2015 and to Diane Di Novo on October 23, 2015. The Hearing date was scheduled for November 9, 2015. On November 3, 2015 the Clerk emailed an amended Notice of Appeal Hearing with Respect to a Notice to Muzzle and an amended Hearing Agenda with Respect to a Notice to Muzzle to Linda Roelens; Diane Di Novo; the Appeal Committee; Essex County K9 Services; Donna Hunter, Director of Corporate Services for the Town of Essex; and Russ Phillips, Chief Administrative Officer for the Town of Essex advising that the meeting was being rescheduled to November 17, 2015. The amended notices were mailed to Myron and Linda Roelens and Diane Di Novo on November 3, 2105. Notice to Muzzle Appeal Hearing- November 17, 2015 Page 2of5
6. Statement of Animal Control Officer with Respect to Service of Notice to Muzzle Fern Walsh, Essex County K9 Services advised she attended to Ms. DiNovo's residence to take a statement of the July 22, 2015 incident. On August 19, 2015 a Notice to Muzzle was hand delivered by Mrs. Walsh to Myron Roelens. 7. Opening Statement a) Applicant - linda Roelens linda Roelens stated Hunter is a professional seizure dog for her granddaughter who lives with her and her husband. He has never hurt anyone. In June 2015 the dog cornered a person in their back yard who was suspected of robbing several places in Colchester. The dog kept the robber cornered until the Ontario Provincial Police (O.P.P.) arrived and did not attack nor bite the individual. Hunter works with Little Hands - Kids for a Cause and there has never been an incident while he was working with the organization. Her husband Myron Roelens and neighbour Jay Beaudoin witnessed the incident. Ms. Di Novo's arm may have been scratched up from the collars of the two dogs. Myron Roelens stated he witnessed the incident. Hunter was off the property, approximately twenty metres from him but he did not see the dog bite Ms. Di Novo. Ms. Di Novo did not yell or scream at the time the dog supposedly bit her. The dog did not latch on to her arm or bite her. Councillor Bondy asked if Hunter had a 2015 Town of Essex dog tag and is up to date with its shots. Mr. Roelens replied yes to the question. Mr. Roelens immediately took Hunter to the vet after the incident to ensure the dog's vaccinations were current. He showed the Committee the dog's collar which is studded. Councillor Snively asked the size of the dog. Mr. Roelens replied Hunter weighs approximately eighty pounds. b) Person who saw the alleged vicious dog bite a person - Diane Di Novo Diane Di Novo stated she was two houses north of the Roelens house when the incident occurred. The dog's teeth were bared and he ran two houses up the street to her and her dog. Her injuries were deflection injuries. There was no collar on the dog Hunter at the time of the attack. The dog did not return to Mr. Roelens upon command. Ms. Di Novo went home, washed the wound and applied ice to it. Mrs. Roelens tried to say another dog was the attacker. Ms. DiNovo added that a muzzle does not hurt the dog but only protects it from harming others. This was an attack. The bite was not as serious since she knows how to handle herself around large dogs and how to apply first aid. Councillor Snively asked to view the records of Hunter's shots. The dog's veterinary record was handed to him by Mr. Roelens for viewing. Notice to Muzzle Appeal Hearing -November 17, 2015 Page 3 of5
Councillor Bondy is concerned that the event happened in July but notice was not served until August. 8. Information and Evidence On November 13, 2015 Ms. Di Novo emailed copies of the hospital records as well as a second email with the subject line ''Town of Essex Dog Bite Protocol" and a third email with the subject line "Dog Bite" to the Clerk, the Chief Administrative Officer, the Director of Corporate Services and Councillor Bondy. Ms. Di Novo directed the Clerk to forward the documents to the Appeal Committee. The Clerk forwarded the three emails to the Appeal Committee on November 13, 2015. On November 17, 2015 the Clerk emailed three letters in support of the dog Hunter received on September 17, 2015 from Jay Beaudoin, Myron Roelens and A. Meloche to the Appeal Committee, Mr. Phillips and Mrs. Hunter. 9. Public Input Jay Beaudoin witnessed the incident and he advised the dog ran out to the edge of the road and around Ms. Di Novo. The dog returned to the owners' property on a command from Mr. Roelens. The Appeal Committee called for a recess at 5:10PM. The Appeal Committee reconvened the meeting at 5:25 PM. 10. Presentation of Summary Arguments a) Applicant- Linda Roelens Myron Roelens spoke on behalf of Linda Roelens. Mr. Roelens asked why bite impressions were not done on Ms. Di Novo at the hospital. He asked why Ms. Di Novo did not state to him right away that she was bit by his dog. Ms. Di Novo's dog is a fullsized Rottweiler and not a puppy. He asked if Hunter needs to be muzzled while off his property. Mr. Roelens was advised by the Appeal Committee that the dog Hunter must be muzzled while off his property. b) Person who saw the alleged vicious dog bite a person - Diane Di Novo Ms. Di Novo advised that on July 22 her dog was four months old and is now seven months old. The witnesses said that the dog was a full-sized Rottweiler. She is concerned that Hunter is around other children with special needs. Mr. Roelens did not hear her yell or scream since she used a "low voice" to speak to Hunter.lt is her opinion that a service dog should be properly trained and licenced. People should be able to report dog bites without fear of retaliation. Notice to Muzzle Appeal Hearing- November 17, 2015 Page4of5
11. Rendering of a Decision by the Appeal Committee Moved by Councillor Bondy Seconded by Councillor Snively (15-11-005) That the Appeal Committee Hearing be adjourned until such time Hunter is assessed by a certified animal behaviour specialist and that proof is received by the Committee that the dog has been rehabilitated. "Carried" 12. Adjournment Moved by Councillor Bondy Seconded by Councillor Snively (15-11-006) That the Hearing be adjourned at 5:35 PM. "Carried" Cl~ Notice to Muzzle Appeal Hearing -November 17, 2015 Page 5 of5
Appeal Hearing with Respect to a Notice to Muzzle Sign-In Sheet November 17, 2015 PRINT NAME ADDRESS ~IGNATURE D J!JtJ~ 'o!novo V(f( 3 /)!JRR ow I~A/