It's possible the two dogs that attacked a Norwegian elkhound in Lively on Jan. 4 — which ultimately led to the dog's death — will be seized by the city, said its manager of security and bylaw services.
Because it's an ongoing investigation, Brendan Adair couldn't say the dogs were definitely going to be seized, but he did say the city is pursuing every avenue to ensure the safety of the community, and that seizing the dogs is possible through provincial legislation — not under the municipal bylaw — in severe situations.
“I think this is a severe situation,” Adair said. “Through that provincial legislation, we are taking all steps necessary to ensure the safety of the community. We are absolutely taking this very seriously.”
The city would need the approval of a Justice of the Peace to allow city enforcement officers to seize the dogs. Adair said he didn't know how long the process would take.
If the dogs are seized, they would become property of the municipality until a Justice of the Peace determines the fate of the canines.
Euthanization is an option, but the animals could also end up back with their owner, Adair said. In that case, the vicious dog order would remain indefinitely.
These two dogs have compiled an extensive rap sheet with animal control, Adair told Sudbury.com. Through its ongoing investigation, the city has looked into previous incidents reported with the previous contractor, and there were a number of complaints registered against these dog owners for letting the animals run at large and for barking, he said.
In fact, under the city's watch, these two dogs were picked up in December by enforcement officers when they were reported to be at large. At the time, the dogs were unlicensed, Adair said. They were taken to the pound, and the owners were charged under the bylaw for letting them run loose, as well as the standard impound fee and the new licences.
Since the vicious dog order was issued, the city has conducted a follow-up inspection with the dog owners, and Adair said there was nothing to indicate they weren't abiding by the order.
Tonka was attacked Jan. 4 at around 10 a.m. The call to the city came in shortly after 10 a.m., Adair said. An enforcement officer didn't visit the home of Terry Matthews until 4 p.m.
In online comment sections, numerous people, including Tonka's owners, expressed frustration at the amount of time it took bylaw officers to respond to the call.
Adair said there may be some room for improvement there.
“We had officers scheduled to start at 2 p.m., and it was our understanding at that point in time that there was no immediate risk to the community,” Adair said. “There's absolutely an opportunity here to debrief and look for any opportunities to improve that level of service for the community.
“We are taking this very seriously, so we are going to look at what we did, what steps we took, for opportunities to improve.”
Sources told Sudbury.com that when 311 was first called, the family was told more complaints needed to be called in against those dogs in order for bylaw enforcement to do anything.
Adair refutes those claims.
“I've listened to the call, and there was no context where they were told they need to have more people call in,” he said. “At no point in time would we ever try to make a situation appear more serious with more phone calls. One phone call to illustrate a dog attack is enough.
“It's still an active investigation. In hindsight, I refer back to responsible pet ownership, and that this could have been avoided. It's really unfortunate that those steps weren't taken by the dogs' owners.”
