But dog catchers should turn a blind eye: council

Dog owners who tie their pooches outside businesses still have to watch for the dog catcher.

Oak Bay council backed away from changing the rule banning the practice, after learning the municipality could be legally responsible if a dog tethered on public property bit or tripped a passerby.

Council had considered allowing dog owners to leash their canines outside businesses for 15 minutes. The move was a response to a plea from Oak Bay resident Kim Westad, who protested the bylaw last month after receiving a warning ticket from an animal control officer.

Oak Bay’s chief administrator Bill Cochrane told council Monday that “significant liability” could be incurred if the current bylaw was amended. Lawyers advised Cochrane that by allowing dogs to be tethered on public property, the municipality could leave itself open to a lawsuit.

Cochrane recommended leaving the current bylaw as is, but drafting a set of guidelines for animal control bylaw enforcement officers to use discretion when they encounter dogs tied up outside businesses – i.e., go easy.

Although some councillors favoured giving the officers clearer directions, others, including Pam Copley, leaned toward altering the bylaw.

“It seems overly punitive to even consider applying $50 fines,” she said.

Coun. Tara Ney wondered how the public would interpret the guidelines. “How do I know when it’s OK to tether a dog in front on Oak Bay Avenue?”

Cochrane emphasized that people will simply not be allowed to do so, but bylaw officers would be encouraged not to write tickets. Although the bylaw has been in place for many years, a fine has never been handed out.

Previous animal control contractors such as the SPCA turned a blind eye to tethered dogs outside businesses. That changed after the Capital Regional District, and now a private company, took on the job, Cochrane said.

vmoreau@saanichnews.com