Clark’s Harbour proceeding with court action in dog bylaw dispute
The Town of Clark’s Harbour has proceeded with court action in a dog bylaw dispute with resident Mason Landry and his mixed breed therapy dog Gizmo.
Landry was served with a summons to appear in Shelburne Provincial Court on Nov. 21, charged with an offence under section 12(c) of the town dog control bylaw; owning a dog that is fierce and dangerous based on its suspected breed.
“The matter is scheduled for plea on Dec. 5, 2019 and I anticipate this matter going to trial in early 2020,” said Yarmouth lawyer Regan Murphy in an email.
Murphy, a dog lover, has taken the case pro bono in the hopes of helping Landry.
Landry has been in a fight to keep Gizmo since July, when he was served notice by the Town of Clark’s Harbour bylaw officer advising him there had been an anonymous complaint that his dog was suspected of being one of the breeds banned by the town’s dog bylaw.
It was the first time the bylaw had been enforced since being created in 2011. Breeds that have been deemed “fierce and dangerous” under the bylaw include “Pit bull terrier, American pit bull terrier, pit bull, Staffordshire bull terrier, American staffordshire terrier, rottweiler or any dog of mixed breed which includes any of the aforementioned breeds,” or “any dog with a known propensity, tendency or disposition to attack, without provocation, persons or other domestic animals; or any dog which has bitten a person or another domestic animal without provocation.”
The dog is still with its owner. Landry has said Gizmo is not a fierce or aggressive animal.
In August, Landry complied with a request from the town to test Gizmo’s DNA. The test results indicated the dog is not a Pit Bull mix.
According to the DNA testing, Gizmo is 36 per cent German shorthaired pointer, 36 per cent weimaraner, 10 per cent Australian shepherd, 10 per cent Labrador retriever and eight per cent boxer.
If found guilty of the charge before the court, the penalty set out in the bylaw for a violation under subsection 12 (c) is a penalty of not less than $100 and in default of payment, to imprisonment for a period of not less than seven days for a first offence and a penalty of not less than $250 or, in default of payment, to imprisonment for a period of not less than 21 days.