A West Vancouver dog owner is crying foul after his two black Labrador retrievers were impounded for more than three weeks based on allegations he says he hasn't been allowed to challenge.
Bylaw officers removed Ken Snowball's two-year-old dogs, Brus and Farlig, from his Kings Avenue home Jan. 15, a week after a neighbour claimed they had acted aggressively toward her children. The family pets were held at the SPCA for 23 days while Snowball cleared a series of administrative hurdles, including building an enclosure, putting up signage, having inspections performed and dealing with a series of fines -- efforts that cost more than $7,000, by his estimation.
The process was unfair, Snowball contends, because the municipality refused to release the dogs until he had complied, and he could not challenge the allegations until a court appearance far in the future.
"Everything they've asked me to do has been as if I've been found guilty," he said. "That's the real issue."
Of particular concern was an application form relating to the dogs' release. The document stated that Snowball would acknowledge the animals were aggressive, and that he would accept a series of restrictions attached to that designation.
"I am aware that if the dog is ever again found to be at large or not confined as herein before provided, that the district may seize the dog and I will be liable for the costs of impounding," the form stated.
"It's the opposite of presumed innocence," said Snowball.
The family was told they could not get their pets back until he had signed the application, but he was not convinced his dogs had don anything wrong.
"Nobody considers them aggressive," said Snowball. "They're Labrador stupid, if I can call them that."
Neither he nor his family witnessed the infraction the dogs allegedly committed. Snowball only became aware of it Jan. 6 when a bylaw officer appeared on his doorstep saying his dogs had misbehaved.
Earlier that day, said the officer, Brus and Farlig had reportedly been on grounds of nearby Irwin Park Elementary. They had followed a seven-year-old boy home and scared him. When the child reported the incident to his mother, the parent looked out the window, and reportedly saw the dogs being aggressive toward her other nine-year-old son. At no point did the dogs bite.
The bylaw officer told Snowball the dogs had also shown aggression toward the officers on arrival, and that there had been previous barking complaints against the dogs. The animals were now considered to be aggressive by the municipality and would have to be treated as such.
That meant they would have to be confined indoors, enclosed in a pen or kept on a leash. They would also have to be identified as aggressive by way of tattoo or other permanent marking and through warning signs posted on the property. The dogs would be seized until all conditions were met.
A week later, the bylaw officer returned with a police officer and a warrant, according to Snowball. They took the animals to the SPCA and handed the owner six infraction tickets totalling $1,400.
Over the following seven days, Snowball worked to meet the district's conditions, including the construction of a $750 enclosure and the erection of signs. He informed the municipality of his actions, and another week later someone came to inspect it. Snowball's efforts reportedly passed muster, but now he still had to sign the form to designate Brus and Farlig aggressive before he could have them back.
That's where Snowball drew the line.
The family hired a lawyer and collected more than a dozen letters -- including one from their postal carrier and another from an immediate neighbour -- claiming the dogs were no threat. On Tuesday, he wrote to West Vancouver's mayor and council, and the next day, his family and some supporters staged a small demonstration outside municipal hall, attended by local media.
Finally, on Thursday, Snowball met with the mayor
"I would give full marks and a high level of credit to how she managed the meeting and conflict resolution," he said.
Together with the bylaw department, they hatched a compromise. Staff would consider a less stringent application for release that Snowball had drafted himself. They did so, and on Friday, Brus and Farlig were finally set free.
While Snowball and his family are relieved to have the animals back, there are still a number of issues that remain unresolved. He still has the $1,400 in fines to contend with as well as his legal fees, impoundment fees, cost of materials and other expenses.
Snowball would like to see th+e district revise its policy.
"I would like to see it so other future situations are treated that (dogs) are not required to do their jail terms before they have had their day in court," he said.
Mayor Goldsmith-Jones was out of the office Friday and could not be reached for comment.
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