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Home My WebLink AboutCOR-20-010 - Dangerous Dog Designation Appeal - RobinsREPORT TO:Committee of the Whole DATE OF MEETING:September 14, 2020 SUBMITTED BY:Dog Designation Appeal Committee PREPARED BY:Sarah Goldrup, Committee Administrator, 519-741-2200 x 7275 WARD (S) INVOLVED:All DATE OF REPORT:September 14, 2020 REPORT NO.:COR-20-010 SUBJECT:Dangerous Dog Designation Appeal Robins RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Anita Robins, wherein the Committee affirmsthe Dangerous Dog Designation applied to their PashaHumane Society of Kitchener-Waterloo and Stratford Perth, be ratified and confirmed. BACKGROUND: On March 25, 2020,the Humane Society of Kitchener-Waterloo and Stratford Perth designated Pasha,adog owned by Ms.Anita Robins, as a Dangerous Dog.The designation was applied did attack a dog without provocation in contravention to City of Kitchener By-law 2014-142 (Being a by-law with respect to the designation of Potentially Dangerous, Dangerous, Prohibited and Restricted Dogs). On March 30, 2020the Office of the City Clerk subsequently received correspondence from Ms.Robins appealing the Dangerous Dog Designation; and aNotice of Hearing was issued to the Respondentand Appellants,advising on August 24, 2020 a hearing of the Dog Designation Appeal Committee would be held to consider the matter.The Committee heard and considered evidence from all partiesand found that due to the severity of the attack, and the lack of substantive mitigating factors, the Dangerous Dog Designation should be confirmed. REPORT: The Dog Designation Appeal Committee established by the Council of the Corporation of the City of Kitchener pursuant to City of Kitchener Municipal By-law 2014-142 and the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sat onAugust 24, 2020,to consider an appeal filed with the City by Ms. Anita Robins. On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the Dangerous DPasha testimony presented on behalf of the Respondent by Mr. Gary Boes, Animal Control Officer, and Ms. Erin Kearney, Associate City Solicitor; and, having reviewed all of the evidence submitted by Ms. Anita Robins, Appellant; the Committee hereby confirmsthe designation of Dangerous Pashapursuant to By-law 2014-142 assignedthe following conditions for the keeping of said DangerousDog: ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 (a)The owner shall ensure that all conditions pertaining to the designated dog are followed when it is off the property of the owner or otherwise in an enclosed yard as approved by the animal services provider unless specified otherwise in this designation; (b)The owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; (c)The owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; (d)The owner shall advise the animal services provider within two working days of the death of the designated dog; (e)The owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; (f)The owner shall provide a copy of this designation to any person who keeps or harbours the designated dog; (g)The owner shall provide a copy of this designation to any veterinarian treating the requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; (h)The owner shall ensure that the designated dog has a current City dog license; (i)The owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all timesand shall pay the reasonable cost for such tag or tags; (j)The owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a.Within the dwelling; b.In an outdoor pen that is both secure and provides humane shelter to the satisfaction of the animal services provider; c.In an area with a secure and adequate fence to the satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretionof the animal services provider, a fenced area would provide insufficient protection to members of the public including unsupervised children who may wander into the area; or d.When outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least eighteen years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider, and, where the dog is required to wear a muzzle off its property by this designation shall also wear a muzzle confined in accordance with this subsection (d); (k)The owner shall ensure that the designated dog is kept caged, penned, or in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least eighteen years of age when any person who does not habitually (l)The owner shall ensure that the designated dog is kept under the effective control of a person of at least eighteen years of age with the use of a body harness to be approved by the animal services provider, and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider, at all times when the 2 - 2 to the satisfaction of the animal services provider; (m)The owner shall ensure that the designated dog wears a securely attached muzzle thatis and not caged or otherwise penned or confined to the satisfaction of the animal services provider; (n)The owner shall ensure that the warning sign or signs provided by the animal services normally approach and at any other place on the property as directed by the animal services provider. The sign(s) shall be posted in such a manner that it/they cannot be easily removed by passersby and the sign posted at the entrance, which a person would normally approach must be clearly visible to a person approaching the entrance, or, when in a multiple unit dwelling, the owner will provide thename of the property owner and property manager if any and allow the animal services provider to request that person to post a sign or signs; (o)The owner shall ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. (p)The owner shall not permit the designated dog to be walked, harboured, or to linger in a publicly accessible place, except for the purposes of transporting the designated dog to a vehicle. (q)The owner shall ensure the designated dog is securely contained in a manner approved by the animal services provider, such as begin caged, penned, or in a locked room not accessible to children, prior to the opening of any entrance where the designated dog is being housed. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM -All those inattendance at the August 24, 2020,Hearingwere advised of the it would be considered at the September 14, 2020,Council meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail onSeptember 4, 2020; thereby,furthernotifying both parties of when the delegation. ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services 2 - 3