( ) ORDER. File No: Registry: Kelowna AND SECTION OF THE LOCAL GOVERNMENT ACT, R.S.BC. 1996, CHAPTER 323 AND IN TH MATTER OF DREW PANTON
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1 ; 03 49PM; ; # 2/ 6 File No: Registry: Kelowna IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF AN APPLICATION BY THE REGIONAL DISTRICT OF CENTRAL OKANAGAN PURSUANT TO SECTION 49 OF THE COMMUNITY CHARTER, S.B.C. 2003, CHAPTER 26 SECTION OF THE LOCAL GOVERNMENT ACT, R.S.BC. 1996, CHAPTER 323 IN TH MATTER OF DREW PANTON ORDER ( ) BEFORE THE HONOURABLE JUDGE A.K. WALLACE THURSDAY, THE 3RD DAY Ol SEPTEMBER 2015
2 # 3 THIS MATTER COMING ON FOR HEARING on May th 11 & 12 th, June 11, and July i6, 2015 at Kelowna, B.C. and on hearg Troy Desouza, counsel for Regional District of Central Okanagan, and Tom Doust, counsel for Mr.. Judgment havg released July 31, ON hearg furr submissions on August 31, 2015 from Mr. Troy desouza and Mr.. THIS COURT ORDERS dog Jake be humanely euthanizeci by a veterarian licensed to practice Provce of British Columbia. The eutharüzatiori shall not occur before September 14, 2015 at 5:00 p.m. and n only if an Appeal of this decision has not filed Court Registry before time. If an Appeal has filed by time, order for euthanization is stayed until furr Order of a Court. THIS COURT FURTHER ORDERS dog Buddy be released to Mr. Andrew Drew t (Mr. ) who currently resides at t Avenue, Peachiand, B.C. on followg terms and conditions: 1. Mr., his agents, Thends, family or any or person who Mr. delegates for care and control over Buddy shall by September 14,2015: (a) obta and implant microchip identification for Buddy and Mr. shall provide Regional District of Central Okanagan (RDCO) with proof microchip has implanted Buddy; (b) shalt enroll Buddy a trag program conducted by an experienced certified dog traer, with special expertise addressg animal aggression. The 2
3 09-fl3-l 5; 03: 49FM; ; # 4/ 6 traer and curriculum, prior to enrollment, be reviewed and approved of by Dr. Rebecca Ledger and Dr. Ledger shall submit a written report to Regional District at conclusion of trag as to Buddy s response to) and behavior after) trag; (c) when Buddy is not on Mr. s property and not with a closed vehicle, keep Buddy controlled on a leash securely held and with a tightly fastened muzzle; (d) not permit Buddy to be at any sports field, playground, public beach, swimmg area, off-leash park or school grounds at any time. 2. Mr. shall ensure when Buddy is Mr. s dwellg house, doors to dwellg house are locked and no person can advertently enter dwellg which might permit Buddy to escape; 3. When Buddy is not confed with Mr. s house but is on his property, Mr. Pariton shall ensure : (a) Buddy is confed an area rear yard ( yard ) on Mr. s property suitable for Buddy s size and with a secure fence of a mimum of 5 height with secure sides and strength to prevent Buddy from escapg; (b) bottom of yard shall be kept clean and sanitary and shall be surfaced such it is impervious to diggg or any or means by which Buddy might escape; 3
4 ; 03: 49FM; ; / 6 (c) yard is kept locked at all times to prevent entry of young children or or unauthorized persons; (d) a sign (conformg with Schedule F of RDCO bylaw #1343) is posted visible to public at front and back of his property warng a dangerous dog resides on property; (e) re is shelter for Buddy secure yard which provides shade for him from sun and protection from varyg wear conditions. Such shelter is not to be used more than 12 hours every 24 hours; (f) yard is kept clean and sanitary; (g) he regularly checks yard to ensure it is secure, clean and signage is properly posted, visible and readable. 4. If Mr. moves with Buddy from his current residence to any or location he shall notify BC Animal Control Office for RDCO of his move and his new contact formation. If move is to a location with BC, he provide BC Animal Control Office region where he re-locates with a copy of this order. 5. If Mr. Panto fds he can no longer care for Buddy, he shall notify BC Animal Control and toger y seek an alternative care arrangement for Buddy. If no reasonable alternative can be found, Mr. surrender Buddy to BC Animal Control. 4
5 09-03-i 5;03 49PM; If Buddy goes missg or dies, Mr. notify BC Animal Control as soon as reasonably possible after he discovers such event. 7. If Mr. fails to abide by terms of this Order as determed by an Animal control Officer, n Animal control Officer (accompanied by RCMP or or peace officer) may take custody of Buddy. BC Animal Control notify Mr. writg y have Buddy, with 48 hours of takg control of Buddy and Mr. have 14 days from receivg notice to file with Court a request for a hearg to wher or not Buddy should be euthanized. 8. Costs The application for costs, not raised until hearg on August 31 st 2015, is dismissed. kjaj&q, THE HONOURABLE JUDGE A.K. WALLACE 5
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