by James Matthews

A dog can be declared a dangerous animal after two independent investigations following a biting incident in Algonquin Highlands.

That was one of the details discussed when council met July 18 as part of a revised draft dog control bylaw.

Robert Mascia, municipal law enforcement officer, and Greg Moore, the township’s chief building official, brought the proposed revision to council.

Regarding the dangerous dog declaration, Councillor Lisa Barry said her understanding was that such a designation was made by healthcare or public health officials following somebody having been bitten.

“Then there was a visit to the (owner’s) house to collect information, to make a report, and to meet said animal,” she said. “Is any of that still going to be in place or is that just now the person that’s making the declaration and our staff?”

“That declaration, the hospital and the health unit have their own forms that they would send over,” said Mascia. “The declaration that we would be using is for the witness and the (bite) victim at that point.”

Barry said her concern is that the complaint may have stemmed from some sort of dispute between neighbours. One neighbour is looking for “leverage” over another.

“And they’re going to make a declaration where there isn’t actual proof of the incident through either the health unit or the hospital,” she said.

Mascia said such a dispute would be tempered by two simultaneous investigations into an alleged dog bite incident.

“The health unit would investigate as well as we would,” he said. “We would take that declaration, but the declaration is just basically a witness statement. They (health officials) are not declaring it dangerous.”

Angie Bird, the township’s CAO, said that’s an important detail.

“It isn’t a member of the public that’s able to make a declaration,” Bird said. “They submit a form that describes what they witnessed and the township makes the declaration.”

“And the investigation will still continue with the health unit?” said Barry.

“They would conduct their investigation and we would conduct our own and then collaborate,” Mascia said.

“So the two different investigations happen independently and then there’s a meeting of the minds,” Mayor Liz Danielsen said.

Coun. Sabrina Richards said the health officials can only enforce a muzzle order for 10 days following a biting incident. She wondered how long a similar order issued by the township would remain in place.

“The muzzle order would be in place indefinitely and the dog owner would have a chance to come before council through a delegation to seek an appeal,” Mascia said.

Barry said her understanding that the 10 day muzzle order by the health unit was to rule out rabies infection in the animal. She questions what gives the municipality the authority to impose an indefinite dangerous animal declaration.

Mascia said authority is rooted in the Dog Owners’ Liability Act.

“The 10-day quarantine is strictly (by the) health unit,” he said. “We don’t have a say on that.”

“But the owner does have an opportunity to come and appeal based on the performance of the dog if there haven’t been any subsequent issues,” Danielsen.

“The health unit quarantine is for disease transmission,” Moore said. “It has nothing to do with the outcome of the bite.”

A muzzle order is to ensure the public’s safety, Moore said.

Danielsen said such an issue hasn’t arisen in the municipality. The bylaw and the dangerous animal mechanism therein is merely to ensure the township has that option should it be required.

Barry said she’s heard complaints from residents about roaming cats invading people’s garages and damaging property.

“I just wonder are we just picking on dogs today or is there an opportunity for some sort of consideration (about cats)?” Barry said. “I know that there can be damage to people’s property from cats.”

“We’re not picking on dogs,” Bird said, and added that the Dog Control Bylaw is merely being updated.

Danielsen said there’s been issues with rogue donkeys, goats, and pigs.

“We are having more small hobby farms and there are properties in Algonquin Highlands where there’s a variety of animals,” she said. “Is there any mechanism for you guys to deal with that?”

Moore said there’s been two complaints about animals other than dogs. And he’s aware some municipalities have legislation that governs keeping exotic animals.

“That would be entirely up to council,” he said.