HomeMy WebLinkAboutCOR-20-020 - Prohibited Dog Designation Appeal - BrownREPORT TO:Committee of the Whole
DATE OF MEETING:December 14, 2020
SUBMITTED BY:Dog Designation Appeal Committee
PREPARED BY:Sarah Goldrup,Committee Administrator,519-741-2200 ext. 7275
WARD(S) INVOLVED:All
DATE OF REPORT:December 4, 2020
REPORT NO.:COR-20-020
SUBJECT:Prohibited Dog Designation Appeal Brown
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed
by S.Brown, wherein the Committee affirmsthe Dangerous Dog Designation applied
-Waterloo and Stratford Perth,
be ratified and confirmed.
REPORT HIGHLIGHTS:
On November 23, 2020, the Dog Designation Appeal Committee consideredthe appeal
of S. Brown to amend
Twithin the City, but this designation would be upheld
should the dog return to the municipality.
The Committee affirm the Dangerous Dog Designation with enhanced conditions.
This report supports the delivery of core services.
BACKGROUND:
While being
individuals on July 4, 2020, and September 30, 2020, as well as wasallowed to run at large
on several occasions. On September 28, 2020, a Dangerous Dog Designation was served
to N.
unaware of these occurrences. Further unbeknownst to S. Brown, several requirements of
the Dangerous Dog Designation were not abided by, and after finding the dog tied up in a
shipping container, the Kitchener-Waterloo Humane Society took possession of the dog
Society and on October 16, 2020, the Humane Society of Kitchener-Waterloo and Stratford
Clerk subsequently received correspondence from S. Brown appealing the Prohibited Dog
Designation; and a Notice of Hearing was issued to the Respondent and Appellant, advising
on November 23, 2020, a hearing of the Dog Designation Appeal Committee would be held
to consider the matter.
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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 on November 23, 2020, to
consider an appeal filed with the City by S. Brown.
On that date, the Dog Designation Appeal Committee considered a joint statement of facts
and joint proposalthat a Dangerous Dog Designation with enhanced conditions be
S. Brown
designation would be upheld
should the dog return to the municipality.
incidents that caused the Humane Society to lay either designation; and, as S. Brown has
indicated that they are willing to abide by the conditions of the Dangerous Dog Designation;
and, as the Humane Society has stated their satisfaction after viewing interactions between
of Dangerous Dog
-law 2014-142 assigned the following conditions for
the keeping of said Prohibited Dog:
Having considered all of the evidence and exhibits presented on behalf of the
Respondent by Eugenia Maciel, Animal Control Officer, and Erin Kearney, Associate
City Solicitor; the Committee hereby confirms the designation of Dangerous Dog applied
to , by the Humane Society of Kitchener-Waterloo and Stratford Perth; and,
pursuant to By-law 2014-142 assigns the following conditions for the keeping of said
Dangerous Dog:
a)The owner shall ensure that all conditions pertaining to the dog when it is off the
property of the owner including any leashing and muzzling requirements are
complied with in any City Off-Leash Park 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 seven days prior to the relocation of
the designated dog. The owner shall allow the animal services provider to perform
an inspection of the new address prior to the relocation of the designated dog if
such address is located within the City of Kitchener. The owner shall provide the
animal services provider with the name, addressand telephone number of any
new owner seven days prior to the time of sale or giving away of the designated
dog;
c)The owner shall provide the animal services provider with the name, address and
telephone number of any person who temporarily cares for or houses the
i.The animal services provider must inspect and approve the temporary
address at which the designated dog is to be lodged.
ii.Natalie Davis shall not be permitted to care for or house the designated
dog.
d)The owner shall advise the animal services provider within two working days of
the death of the designated dog;
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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 for any period of time;
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 licence;
i)The owner shall ensure that the designated dog wears the tag or tags provided
by the animal services provider at all times and 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:
i.Within the dwelling;
ii.In an outdoor pen that is both secure and provides humane shelter to the
satisfaction of the animal services provider;
iii.In an area with secure and adequate fencing to the satisfaction of the
animal services provider; however the animal services provider may refuse
to approve any fenced area if in their sole discretion a fenced area would
provide insufficient protection to a member of the public including
unsupervised children who may wander into the area; or,
iv.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 at least 18 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 in accordancewith this
k)The owner shall ensure that the designated dog wears a securely attached
muzzle that is satisfactory to the animal services providers at all times when it is
penned or confined to the
satisfaction of the animal service provider;
l)The owner shall ensure that the warning sign or signs provided by the animal
person would 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 the name 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;
m)The owner shall ensure that the designated dog is not kept or harboured in a
a multiple unit dwelling or lodging house the dog may be kept or harboured at
other premises subject to all the conditions imposed on the keeping of the dog
pursuant to this designation;
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n)The owner shall ensure that the designated dog is microchipped by a licensed
veterinarian and supply the microchip information to the animal servicesprovider.
The owner shall also permit the animal services provider to verify the implantation
of such microchip;
o)The owner shall ensure the designated dog is securely contained in a manner
approved by the animal services provider, such as being caged, penned, or in a
locked room not accessible to children:
i.Prior to the opening of any entrance where the dog is being house; and/or,
ii.Whenever someone who does not habitually reside at the premises where
the dog is being housed attends at or visits the
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM -All those in attendance at the November 23, 2020, hearing were advised of the
meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents
via registered mail on November 30th, 2020; thereby, further notifying both parties of when
as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authoritiesrelated to this matter.
APPROVEDBY:Victoria Raab, General Manager, Corporate Services
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