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HomeMy WebLinkAboutCRPS-10-170 - Dog Designation Appeal Committee - RobinsonREPORT TO: Mayor C. Zehr and Members of Council DATE OF MEETING: November 15, 2010 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Colin Goodeve, Committee Administrator WARD(S) INVOLVED: All DATE OF REPORT: November 1, 2010 REPORT NO.: CRPS-10-170 SUBJECT: DOG DESIGNATION APPEAL COMMITTEE RECOMMENDATION: APPEAL OF JORDAN ROBINSON RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Jordan Robinson, wherein the Committee rescinds the Prohibited Dog Designation assigned to his dog `Bruiser' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed. BACKGROUND: On July 22, 2010, the Kitchener-Waterloo and North Waterloo Humane Society designated `Bruiser', a dog owned by Jordan Robinson, as a Prohibited Dog, pursuant to Chapter 530.1.24 of the City of Kitchener Municipal Code. It was noted in the Humane Society's Notice of Prohibited Dog Designation, that the Poundkeeper investigated and was satisfied that the subject dog has the appearance and physical characteristics predominantly conforming to those of a `Pit Bull' in accordance with the standards set out in Schedule `C' of Kitchener Municipal Code Chapter 530 (Dogs). Therefore, having reason to believe that the dog meets the prescribed requirements, the Poundkeeper designated `Bruiser' as a Prohibited Dog. On July 28, 2010, the Office of the City Clerk received correspondence from Jordan Robinson, appealing the Prohibited Dog Designation assigned to his dog `Bruiser'. Accordingly, on August 5, 2010 a Notice of Hearing was issued to the Appellant (Jordan Robinson) and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society), advising that on August 30, 2010 a hearing of the Dog Designation Appeal Committee would be held to consider this matter; however, due to unforeseen circumstances, the Committee was unable to meet on that date and the subject appeal was rescheduled to November 1, 2010. 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 5-1 Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on November 1, 2010 to consider an appeal filed with the City by Jordan Robinson, reports as follows: Having considered all of the evidence and exhibits presented on behalf of the Respondent by Ms. Sheri Walker, By-law Officer, that `Bruiser' has the appearance and physical characteristics conforming to those of a `Pit Bull' in accordance with the standards set out in Schedule `C' of Kitchener Municipal Code Chapter 530 (Dogs); and, having reviewed the evidence and testimony of Mr. Jordan Robinson; the Committee agreed to rescind the designation of Prohibited Dog applied to `Bruiser', by the Kitchener-Waterloo and North Waterloo Humane Society. Pursuant to Chapter 530.11.5 of Kitchener's Municipal Code, all decisions of the Dog Designation Appeal Committee must be ratified by Council before taking effect and Council may 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 November 15, 2010, Committee of the Whole agenda. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNICATIONS: The Dog Designation Appeal Committee's Notice of Decision was served on the Appellant and the Respondent via registered mail on November 1, 2010; thereby notifying both parties that the Committee's decision would be considered at the November 15, 2010 Council meeting. ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services 5-2