City asked to pay up for Joe Lucio's jackrabbits

The City's legal staff is recommending payment of $80 in damages to an Old Highway 17 North resident who had four rabbits killed by rampaging dogs.

Joe Lucio has made a claim against the City under Ontario's Livestock, Poultry and Honey Bee Act after four of his New Zealand jackrabbits were killed by two dogs in February.

Lucio tells SooToday.com that his animals are a cross between the popular New Zealand White breed (shown above) and jackrabbits, which are larger and native to Western North America. He raises the animals for meat.

Muncipalities liable for livestock killed by dogs

Ontario law holds municipalities liable whenever livestock (rabbits are specifically included) are killed by dogs or wolves.

Lucio's claim was investigated by the Sault Ste. Marie Humane Society, which found that the rabbits were housed in "very well built" pens that were damaged by the dogs. The dead carcasses weighed a combined 50 pounds.

Attacking dogs were caught

"There is no doubt that the rabbits were killed by dogs, as the attacking dogs were picked up by our animal control officer on Mr. Lucio's property," reports shelter manager Cindy Ross.

Nuala Kenny, the Sault's assistant City solicitor, says that Lucio's property is zoned as a rural area and raising of rabbits is permitted there.

Kenny will ask City Council on Monday night to settle Lucio's claim for $80. The Humane Society estimates the animals were worth a total of $100, but the maximum compensation allowed by law is $20 a rabbit.

"It's not about the money," Lucio told SooToday News. "It's about the dog owners. Some of the dogs should be shot."

Dogs that kill or injure livestock must be destroyed

The reports going to City Council on Monday night do not indicate what was done with the attacking dogs, but the Livestock, Poultry and Honey Bee Act gives authorities broad powers to deal with them and their owners.

The following clauses are taken verbatim from the act:

"The owner of a dog who has knowledge that the dog has killed or injured livestock or poultry shall destroy the dog or cause the dog to be destroyed within forty-eight hours after acquiring such knowledge."

"An owner of a dog who refuses or neglects to destroy it when required so to do by subsection (1) may be summoned before a provincial judge who may order the dog to be destroyed, and for the purpose of carrying out the order a constable may enter upon the premises of the owner and destroy the dog, and the provincial judge may, in addition to any other penalty provided by this Act, direct the owner of the dog to pay the cost of the proceedings and of the destruction of the dog."

Municipalities can recoup damages from dog owners

"A local municipality having paid to the owner of livestock or poultry the amount of the damage ascertained under section 4 is entitled to recover the amount so paid from the owner of the dog that did the damage in any court of competent jurisdiction without proving that it was vicious or accustomed to worry livestock or poultry."

"The council of a municipality may conduct an inquiry in order to ascertain the owner of a dog that has killed or injured livestock or poultry within the municipality."

Ottawa authorities tried to have two dogs executed

Four weeks ago, authorities in Metcalfe, Ontario tried to have two dogs put down after they were seen ripping apart three chickens and two turkeys. The court proceedings were withdrawn when the witnesses didn't show in court.

To read the Ottawa Citizen's coverage of that case, click here.

To examine the full text of the Livestock, Poultry and Honey Bee Act, click here.

Jackrabbit journalism

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