HomeMy WebLinkAboutCRPS-10-055 - Dog Designation Appeal Committee - LavalleeREPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: May 3, 2010
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Colin Goodeve, Committee Administrator
WARD(S) INVOLVED: All
DATE OF REPORT: April 22, 2010
REPORT NO.: CRPS-10-055
SUBJECT: DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION: APPEAL OF BRENT LAVALLEE
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Brent Lavallee, wherein the Committee affirms the Dangerous Dog Designation assigned to
his dog `Rocky' by the Kitchener-Waterloo and North Waterloo Humane Society and
assigns modified conditions for the keeping of said dog, be ratified and confirmed.
BACKGROUND:
On January 22, 2010, the Kitchener-Waterloo and North Waterloo Humane Society designated
`Rocky', a dog owned by Brent Lavallee, as a Dangerous Dog, pursuant to Chapter 530.1.8 of
the City of Kitchener Municipal Code. It was noted in the Humane Society's Notice of
Dangerous Dog Designation, that the Poundkeeper investigated and was satisfied that on
December 23, 2009 `Rocky' did attack a person without provocation contrary to Kitchener
Municipal Code Chapter 530 (Dogs).
On January 25, 2010, the Office of the City Clerk received correspondence from Brent Lavallee,
appealing the Dangerous Dog Designation assigned to his dog `Rocky'. Accordingly, on
February 1, 2010 a Notice of Hearing was issued to the Appellant (Brent Lavallee) and the
Respondent (the Kitchener-Waterloo and North Waterloo Humane Society), advising that on
March 29, 2010, a hearing of the Dog Designation Appeal Committee would be held to consider
this matter.
REPORT:
The Dog Designation Appeal Committee established by the Council of the Corporation of the
City of Kitchener pursuant to Chapter 530 (Dogs) of the City of Kitchener Municipal Code and
the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on March 29, 2010 to
consider an appeal filed with the City by Brent Lavallee to the Dangerous Dog Designation
assigned to his dog `Rocky', reports as follows:
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Having considered the evidence provided on behalf of the Respondent by Jason Rogers, By-law
Officer, regarding the incident that occurred on December 23, 2009 involving `Rocky'; the evidence
provided by Gavin and Donna Withers, witnesses for the Respondent; the evidence of Brent
Lavallee, Appellant; the evidence of Matt Bellow and Mike Bilitz, witnesses for the Appellant; the
Committee agreed to affirm the Dangerous Dog Designation applied to `Rocky', and pursuant to
Chapter 530.11.2(c) assigned the following modified requirements for the keeping of said
Dangerous Dog:
That the owner shall:
a) when children under the age of 14 are on the lands and premises of the owner keep the
Dangerous Dog caged, penned or under the control of a person of at least 16 years of
age, with said pen being located in the rear-yard of the owner's property adjacent to
b) keep the Dangerous Dog under the effective control of a person of at least 16 year of
age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be
approved by the Poundkeeper, at all times when the Dangerous Dog is off the owner's
property and not caged or otherwise penned or confined to the satisfaction of the
Poundkeeper.
c) provide the Poundkeeper with the new address and telephone number of the owner
within two (2) working days of moving the Dangerous Dog.
d) provide the Poundkeeper with the name, address and telephone number of the new
owner within two (2) working days of selling or giving away the Dangerous Dog.
e) advise the Poundkeeper forthwith if the Dangerous Dog is running at large or has bitten
or attacked any person or animal.
f) provide a copy of this Designation to any person who keeps or harbours the Dangerous
Dog.
Pursuant to Chapter 530.11.5 of Kitchener's Municipal Code, all decisions of the Dog
Designation Appeal Committee must be ratified or affirmed by Council before taking effect and
Council may ratify or affirm, rescind, add to, vary, or substitute the designation and any of the
restrictions imposed upon the keeping of a dog set out in the Committee's decision. In this
regard, the recommendation contained herein will appear on the May 3, 2010, Committee of the
Whole agenda.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
The Dog Designation Appeal Committee's Notice of Decision was served on the Appellant and
the Respondent via registered mail on April 9, 2010; thereby notifying both parties that the
Committee's decision would be considered at the May 3, 2010 Council meeting.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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