Influx of pandemic puppies sparks debate on BC dog bylaws

Feb 17 2022, 10:32 pm

Changes could be coming for dog owners in Port Coquitlam. And after that, changes could be coming for the whole province.

City Council has been asked to approve a bylaw change that strengthens measures against aggressive and dangerous dogs after receiving 51 complaints about them last year.

Bylaw officers in the area fielded over 1,200 calls about animals in 2021, making for nearly one complaint a week.

The new rules would require aggressive or dangerous dogs to wear “humane” basket-style muzzles to prevent them from biting.

A staff report from the City says the new muzzle requirements are being put in place to “clarify the restrictions for the care and control of aggressive and dangerous dogs, and enhance the city’s enforcement options with respect to addressing complaints related to such dogs.”

It will also define a “public place” as a “highway, street, lane, boulevard, park, or any other real property owned, held, vested in, or operated, managed or administered by the City or by a school located within the city.”

If the bylaw amendment is approved, it would allow bylaw officers to ticket owners up to $375 if their dog bites a person or animal.

It’s up to the officer to decide if the dog is aggressive or dangerous, two different titles with different implications. 

Conversations about making those designations sparked a broader debate about standardizing animal control bylaws in the province, beyond upgrading muzzles.

Understanding “aggressive” and “dangerous” dog labels

Owners of an aggressive dog would receive a notice giving them two weeks to complete a series of tasks: Get the dog a permanent ID from a vet to send to the City, receive an aggressive dog license, and prevent the dog from hurting others.

Aggressive dogs may be muzzled if an officer thinks it has bitten, hurt, pursued, or harassed a person or animal “without provocation.” 

Dangerous dogs have to do that and then some. Owners have to photograph them and put up a dangerous dog sign on their property. They aren’t allowed to take their pets into off-leash areas either, and they may have to make them wear the new muzzles.

If owners disagree with their dog’s designation as aggressive, they can appeal it after one year.

Still, whether or not a dog has been provoked can be difficult to determine and up to individual judgment. That’s where an outspoken animal rights lawyer from Vancouver comes in.

Training for animal control bylaw officers

Rebecca Breder is an animal rights lawyer with Breder Law who has been working for around 15 years.

She says at least 20% of her practice is spent defending dogs, including dogs accused of being aggressive or dangerous.

“The fact that they want a more humane muzzle to actually mandate that and to clarify what type of muzzle is required if a dog is deemed to be aggressive, I think that’s a good thing,” she said. 

“The Baskerville muzzles are the ones I always recommend to clients if they have to muzzle their dogs. They’re definitely much more humane than a number of muzzles out there.” 

Any device that forces a dog’s mouth closed can prevent them from panting and breathing normally, she added.

What she does take issue with is how animal control bylaw officers are trained.

“The animal control bylaws in Port Coquitlam, similar to other municipalities, are fundamentally flawed, and I say that because aggressive dogs and the way they are defined in the bylaws is left to the absolute discretion of an animal control officer or bylaw officer, neither of whom have expertise in animal behaviour,” she said. 

It’s up to them to decide if a dog is aggressive or dangerous, even if they don’t have official training.

“These people are not experts in animal behaviour, yet the decisions they make labelling dogs as aggressive or dangerous can and do have enormous implications on both the dogs and dog guardians and very often on the welfare of the dogs,” she said. 

In particular, it’s hard to say when a dog has “pursued” or “harassed” a person or animal, since those terms are largely subjective, says Breder.

People who aren’t qualified animal behaviourists shouldn’t be making those calls, Breder says.

Many times, she has seen dogs stereotyped based on their breeds or size — an issue she believes could be solved by employing animal behaviourists before labelling dogs as aggressive or dangerous.

“It’s in the eyes of the beholder whether a dog harassed or pursued someone in a negative way like that,” she said. 

“My clients would say, ‘No, my dog just ran over and wanted to say hi. My dog’s not aggressive.’”

The implications of aggressive and dangerous dog labels

Breder recalls when a dog she was defending was accused of being aggressive after trying to play with local kids and injuring one. The City was fighting to put him down, although the expert sided with Breder during the month-long trial, and the dog went free.

Still, the dog was impounded — unable to see its owner — for over a year by the time the trial was over.

“It’s infuriating to me because if they really care about both public safety and ensuring the welfare of dogs, they should revamp their animal control bylaws to include a proper definition of what includes an aggressive dog,” said Breder. 

To start, Breder suggests animal control officers take the training course available at Langara to learn more about dealing with animal behaviour issues. It’s taught by Dr. Rebecca Ledger, a professional dog walker and animal control trainer.

“Before a dog is actually labelled as aggressive or dangerous, there should be a qualified animal behaviourist who does their own assessment of the dog,” she said. 

“Common sense dictates that’s the best way to ensure public safety and the safety of the dog.”

Response from Port Coquitlam

Dominic Long — director of community safety and corporate support with the City of Port Coquitlam — says Breder might be barking up the wrong tree.

He says their goal with the muzzle amendment was to set out clear rules for residents after the city saw an influx of pandemic puppies.

“There wasn’t any specific concern or incident that took place that required us to do it, but more to just help people understand,” he said.

The number of pets people bought during the pandemic pushed the City to re-evaluate its dog bylaws, starting with a conversation about ethical muzzles.

“We do have dog bites and other incidents that occur in PoCo, but there has not been an increase,” he said. 

“We don’t have a high number of dangerous or aggressive dogs, but we do have people who have concerns and approach the department seeking clarity.” 

Last year, the city received 1,232 animal control-related calls, 51 of which pertained to an aggressive or dangerous dog.

Port Coquitlam saw an increase of around 100 dogs from 2020 to 2021. 

From 2018 to 2021, the city saw an 800-dog increase. 

“It was going up before that, to be honest, but it definitely went up more during the pandemic,” said Long. 

In response to Breder’s issues with animal control bylaw officer training, he says staff always use discretion on the job. 

“They’re not just going to throw an aggressive designation at any dog, and we need to have hard facts to make any decision,” he said.

“Our animal control officers are trained in aspects of animal control, and that’s part of the bylaw training that is required. However, when you look at animal behavioural training, from what we know, there is no official designation.” 

It’s possible the City will train its animal control officers through the Langara course someday, he added.

“It’s definitely something we would consider and it has been an interesting point of discussion,” said Long.

Existing animal control bylaw officer training

Animal control officers already have to take courses on bylaws before getting the job.

In BC, Licence Inspectors and Bylaw Officers Association (LIBOA) is working with lawyers on specific standards and different courses that are available in hope of standardizing dog bylaws across the province.

Already, Port Coquitlam sends its animal control officers to training sessions that employ working groups, expert talks, conferences, and more, but none of it is mandatory.

Long added, “Our animal control officers are very knowledgeable, experienced in their field and have a general care for animals. They’re not trying to stick designations on animals when they don’t need to because it is considered one of the last options when we have to restrict an animal.” 

Managers are also involved in making decisions about aggressive and dangerous dogs. 

Long said the one-year appeal in Port Coquitlam also means they need evidence to back up their decisions.

“It isn’t just one officer that’s reviewing these files. There is a group of people, often with multiple managers and animal control officers, involved. There is no certain breed we look at as being dangerous or aggressive. We look at different cases,” he said.

It’s more likely a dog will be deemed aggressive or dangerous if they bite someone or repeatedly harass someone, he said.

Oftentimes, animal control officers will issue warnings before sending official letters. But that’s not mandatory either, to account for situations where a dog has seriously injured people.

“A lot of the times, too, we have no further action warranted or not enough information available when we’re making these decisions,” he said. 

The effect of pandemic pets province-wide

Steffan Zamzow, Vice President of LIBOA, agrees there’s been an increase in the number of dogs in parks and dogs being licensed since the pandemic started.

That also increases workloads for bylaw and animal control officers and boosts the likelihood of animal complaints, he said.

“Currently there are no standardized training or education requirements in the province, with each local government agency and private company determining educational requirements and training standards that they see fit,” said Zamzow.

“That being said, those who perform animal control duties often have held positions in veterinary clinics, have been or are dog trainers, animal care attendants with organizations such as the SPCA. They have training with Langara’s animal control training program and many of them have spent extensive time around dogs and have advanced knowledge of dogs behaviour.” 

Every year, LIBOA puts on an annual conference that offers educational animal training. This year, Breder is presenting. 

Zamzow says LIBOA is “moving towards” standardized training and “is lobbying the provincial government” to set standards for the profession. 

“I think it is a benefit to local governments, to officers, to the public to have standardized training,” he said. 

At this point, the association has an education committee that is working on creating a preferred minimum training standard for the bylaw profession. It would also like to see officers better trained so they can provide better services, and as a result, bolster public trust in the profession.

“Sometimes we get a bad rap, so regardless of one’s opinion, animal control officers are committed to addressing animal welfare concerns while ensuring the public is kept safe,” he said. 

“If Rebecca has said we aren’t qualified to appropriate standards, I would say that’s painting a general brush on the profession and is a disservice as we are a professional group who truly care about our communities and ensuring we have the best skills and knowledge to do our jobs well.” 

He restated animal welfare is crucial to officers. 

“Behaviourists will tell you that the only prediction of future behaviour of a dog is the previous behaviour. With this in mind, animal control officers place designations on dogs to ensure that the owner place management techniques and tools to prevent future occurrence or escalation of the behaviour,” said Zamzow. 

“Animal control officers are dedicated to addressing animal welfare concerns while ensuring the public is kept safe. While animal welfare is of great importance, public safety is paramount.”

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