COMMITTEE OF APPEALS Appeal - “Dog Muzzle Order” Appellant :(dog owner): Benita Henke, 389 Fox Ave., London ON N6G 1H7 Bite Occurrence: -the morning of July 12, 2006 at approximately 9:30am along the fence line running on the west side of TD Waterhouse Stadium. Victim: - a n adult male Bite Description: - 1 puncture wound surrounded by bruising on the left buttock. - attended family physician where wound was cleaned, disinfected and a tetanus shot given. Victim Statement: - leaning with his back against the fence speaking on cell phone -felt sharp pain turned to view the biter dog walking back to a gentleman holding an extendable leash. - the dog custodian was standing on the asphalt parking area located approximately 15fl from the location of the bite. - spoke briefly with the dog custodian who advised that the dog’s rabies vaccination were up to date. - dog custodian started to walk away, so victim exited the stadium to request the name and telephone number of the individual walking the dog - obtained both the name and telephone number while staying approximately 1O f l from the dog. Biter Dog description: - a large sized, male, 5 % year old, black and tan German Shepherd named ‘Rex’ Dog Owner: - Benita Henke - 389 Fox Ave. - London Dog Custodian: - Edward Henke - 389 Fox Ave. - London -walking dog on normal route past TD Waterhouse Stadium - dog was on a retractable leash that may have been extended 6 to 8 feet - did not view anyone in the area of the fence as it is surrounded by a hedge - viewed dog jump into the hedge followed by the sound of person yelling - continued walking along fence to where hedge ended, viewed a man standing on other side of fence. - spoke briefly the man and continued walking, moments later being confronted by the victim at the doors of the stadium. - provided information requested Additional Information: - although the custodian of the dog only places the length of the leash at 6 to 8 feet, the victim is certain he viewed Mr. Henke in the asphalt parking lot beyond the walkway. - in viewing the location of the bite during investigation, this would place the custodian of the dog at least 1 % - 2 car lengths from the location of the bite = approximately 13 - 18 feet. - City of London by-law PH-4 requires dogs to be on a leash no longer than 6fl 6inches in length. - in addition the by-law is clear to identify that the dog must be under physical control of person - during interview the biter dog did display high levels of aggression to the point of causing safety concerns for the investigating Animal Control Officer. Animal Control after investigation, issued a Muzzle Order to Benita Henke in accordance with City of London by-law PH-4.