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One-year-old French bulldog Oaklee has had several vet visits and two surgeries after getting attacked by a cat in his own yard on March. 24. His family is hoping the last surgery fixes his eye, or he might lose it. (Charlee Clara)
accountability

Nanaimo dog owners highlight potential holes in animal control bylaw after cat attack

Apr 24, 2023 | 5:30 AM

NANAIMO — A local family is looking for answers after their dog was attacked in its own yard.

Charlee Clara’s one-year-old French bulldog Oaklee was inside their fenced property on Ross Rd. near Shammy’s Pl. in late March, when around 3:30 p.m. an orange cat came into their yard and attacked him.

Clara said the cat caused serious damage to Oaklee’s eye.

“He’s been through two major surgeries, multiple vet visits, medications, multiple times a day, round-the-clock care. It’s really devastating for our family.”

Clara’s mother managed to shoo the cat out of the yard, but it continued to return.

On the evening of April 10, the family managed to contain the cat in a kennel, keeping it overnight in their heated garage before dropping it off at animal control the next morning.

The offending cat returned to Clara’s property several times following the attack before they were able to trap it. (Charlee Clara)

According to the Animal Responsibility Bylaw adopted by the City in September 2021, a pet owner must not allow their animal to trespass on private property without consent from the property owner.

Violators may be issued a fine of $100.

The bylaw does give animal control the ability to impound animals which stray or trespass on private property, or any animal brought to them by another person.

“The cat was claimed from animal control by its owners in under 24 hours, and nothing was done to those owners,” Clara told NanaimoNewsNOW. “They were given a verbal warning. Right in our bylaw it says that animals are not to be on other’s property without written permission.”

Clara said the only reason they were aware the cat was claimed by the owners was because of a post made on the Nanaimo Animal Control Services Facebook page, which was deleted about 24 hours later.

“We think this is ridiculous, the bylaw is not being upheld. The proper charges, whatever needs to be laid, fines, not just a warning and ‘here you go, here’s your cat and you got to go home.’ The City of Nanaimo genuinely believes that we’re protected and we’re not.”

According to the City, there are no provisions in the bylaw for the City to charge for damages to private property caused by a stray animal, as this would be a private matter between parties.

Oaklee underwent what they are hoping was his final surgery on April 12, but if he doesn’t heal properly, he could lose his eye.

The picture of the alleged offending cat was posted sometime after the cat was dropped off on April 11, but was deleted within 24 hours, according to Clara. This indicated to them that the cat’s owner had been located. (Nanaimo Animal Control Services)

So far, they have spent at least $7,400 on vet bills.

Clara said this isn’t about them trying to recoup monetary losses, but she wants to see more “teeth” when dealing with problematic cats, including designations for aggressive cats similar to dogs.

“If this was the other way around and my dog got loose…and he attacked this cat, my dog would be labelled as an aggressive dog. I would probably need to muzzle him. There’s so much scrutiny against dog owners, and so many rules for dog owners, but what about cat owners?”

Tips from the public helped Clara and her family identify the cat’s owner last week. She said her father tried to have a chat with the owners, but it didn’t resolve much.

A police report has now been filed.

The report from Animal Control on the incident was forwarded to the family on Wednesday, April 19, however the names of the owners and even the cat were redacted.

According to Nanaimo bylaw services, 31 trespass files for cats have been reported so far in 2023, which resulted in seven impounds, 13 verbal warnings, two information pamphlets, two warning notices and one incentive bond.

Bylaw said animal control was directed not to ticket or charge for cat trespasses in 2022, the first year of the new bylaw, to give the community a chance to become familiar with the new regulations.

According to the City, any re-writes or comprehensive reviews on major bylaws like this aren’t usually done until the 10-year mark, with occasional minor amendments made if necessary.

They said in cases where a change is needed on a more emergent basis, amendments can be considered more quickly.

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jordan@nanaimonewsnow.com

On Twitter: @JordanDHeyNow