The Village of Pemberton (VOP) is reviewing its animal control bylaw in the wake of an incident at the Creekside Village development in Pemberton.
Courtney Marchment said she was about nine metres from her door on Jan. 31 when a dog belonging to a man living in her building allegedly came rushing towards her, attacking her and her Australian Shepherd, Moose.
In the ensuing melee, the dog allegedly bit her on the leg, grazed her hand, and injured Moose, so that she required stitches, said Marchment, adding that the alleged attack followed two incidents of "unprovoked aggressive behaviour" from the dog towards Moose.
Marchment reported the incident to the VOP but was disappointed with the result.
Anne Burt, the VOP's bylaw enforcement, wrote to Marchment and said: "Both dogs display and have displayed aggressive behavior when around each other.
"This type of behavior may be a result of the dogs displaying their 'alpha' behaviours as they are both female."
The letter from Burt went on to say that given "the Village has been unable to determine to our satisfaction that the bite you sustained was from (the dog), the fact that this incident took place on private property and the Village has received no other official complaints respecting (the dog), the Village will not be pursuing an aggressive dog designation at this time."
Said Marchment, "I was very upset to receive that kind of response," adding that she had forwarded evidence of further alleged aggressive behaviour to the VOP.
"I felt like the letter didn't include any of the previous incidents or evidence leading up to the attack," said Marchment. "It didn't accurately describe the attack, and it didn't include anything about (the dog) being off leash and Moose being on leash and in control."
According to Marchment, the VOP's animal control bylaw is unclear and gives too much discretion to bylaw officers.
In a recent letter to VOP council, she said it does not make "a clear distinction" between sections that apply to public and private lands. "It's hard to interpret, understand and enforce, and it appears it is very one-sided in terms of how it is interpreted and enforced, meaning the bylaw officer has all of the say," she said.
In response, Pemberton council has sent the bylaw to staff for review.
"I think it's always important that if residents or council feel there might be some flaws or holes in a bylaw, we take the time to review them from time to time," said VOP Mayor Mike Richman. "We've sent it to staff and it will come back to council shortly."
One of the issues to be reviewed is that—in contrast to places like Whistler and Vancouver—the VOP bylaw has two designations for problem dogs: Aggressive Dog and Dangerous Dog. Richman said that that the Dangerous Dog classification was taken directly from the Community Charter, and the Aggressive Dog designation was added to the bylaw to give staff the ability to give a less-severe designation to an animal.
"I think the idea back then, when it was put together, was to allow for some restrictions and measures to be put in place that aren't as ... restrictive," said Richman.
Bylaw enforcement on strata properties can be difficult for municipal governments, as stratas have legislative powers, added Richman. "Staff recommended that this (incident) be referred to their strata council for review, and that if they felt that there is a need to take measures on the strata level, they should do so there," said Richman.
Marchment said that while she currently feels unsafe around the dog in question, she would like to see the dog rehabilitated.
"The last thing I want to see is a dog put down if it can be trained properly," she said.
Pique was unable to reach the owner of the unnamed dog for comment.
