HomeMy WebLinkAboutFCS-11-030 - Dog Designation Appeal Committee - Saulesleja1
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REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD(S) INVOLVED:
DATE OF REPORT:
REPORT NO.:
SUBJECT:
RECOMMENDATION:
Mayor C. Zehr and Members of Council
March 7, 2011
Dog Designation Appeal Committee
Colin Goodeve, Committee Administrator (519) 741-2278
All
February 2, 2010
FCS-11-030
DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION - SAULESLEJA
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Wendy Saulesleja, wherein the Committee modifies the Dangerous Dog Designation
assigned to her dog `Alfred, a.k.a. Alfie' by the Kitchener-Waterloo and North Waterloo
Humane Society and assigns conditions for the keeping of said dog, be ratified and
confirmed.
BACKGROUND:
On October 29, 2010, the Kitchener-Waterloo and North Waterloo Humane Society designated
`Alfred, a.k.a. Alfie', a dog owned by Eric and Wendy Saulesleja, as a Dangerous Dog, after
determining that on October 4, 2010 `Alfie' attacked a person without provocation contrary to
Kitchener Municipal Code Chapter 530.1.8. Subsequently, the Office of the City Clerk received
correspondence from Ms. Saulesleja appealing the Dangerous Dog Designation; and
accordingly, a Notice of Hearing was issued to the Appellants (Eric and Wendy Saulesleja) and
the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society).
REPORT:
On January 24, 2011, the Dog Designation Appeal Committee considered the evidence and
exhibits introduced regarding the October 4th incident, finding that in the absence of mitigating
factors, `Alfie' did attack and cause injuries to a person while off its owner's property. Therefore,
the Committee agreed to affirm the Dangerous Dog Designation applied to `Alfie'. However, in
acknowledgement of the efforts made by the Appellants since the incident to address the dog's
behaviour, pursuant to Chapter 530.11.2(c) the following modified requirements were assigned
for the keeping of said Dangerous Dog:
That the owner shall:
a) keep the dangerous dog, when it is on the lands and premises of the owner, confined:
i. within the owner's dwelling; or,
ii. within a yard that to the Poundkeeper's satisfaction is secure with a fence of at
least five (5) feet in height with any gate thereto having aself-closing device or
engaged locking mechanism when the dog is in such yard.
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S~r~~'Re~ art
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I~TCH~.i~T~,~. ,~inanre and corporate SQrvrces Deparfm~nt www.kirthenerra
b) when children under the age of 14 are in the owner's dwelling to keep the dangerous
dog caged, penned or under the control of a person of at least 16 years of age.
c) keep the dangerous dog under the effective control of a person of at least 16 years of
age and under leash affixed to a "SENSE-ible Dog Harness", such leash not to exceed
1.8 meters (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, penned, confined
to the satisfaction of the Poundkeeper, or kept within a yard secured with a fence of at
least five (5) feet in height with any gate thereto having aself-closing device or
engaged locking mechanism.
d) successfully complete training sessions with the dangerous dog to the satisfaction of a
certified canine behaviourist in a timely fashion, with verification of completion to be
provided to the Poundkeeper; failure to do so shall require a muzzle, as defined in
Chapter 530 (Dogs), to be securely attached to the dangerous dog at all times when it
is off the owner's property and not caged, penned, confined to the satisfaction of the
Poundkeeper, or kept within a yard secured with a fence of at least five (5) feet in
height with any gate thereto having a self-closing device or engaged locking
mechanism.
e) provide the Poundkeeper with the new address and telephone number of the owner
within two (2) working days of moving the dangerous dog.
f) 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.
g) advise the Poundkeeper within two (2) working days of the death of the dangerous
dog.
h) advise the Poundkeeper forthwith if the dangerous dog is running at large or has bitten
or attacked any person or animal.
i) 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 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 March 7, 2011 Committee of the Whole
agenda.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Enforcing the provisions of Municipal Code Chapter 530 (Dogs) aligns with the Strategic Plan by
ensuring that the City is a safe place to live for all residents, while providing a fair and equitable
process for dog owners to seek redress of designations assigned to their dogs.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
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S~r~~'Re~ art
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I~TCH~.i~T~,~. ,~inanre and corporate SQrvrces Deparfm~nt www.kirthenerra
COMMUNITY ENGAGEMENT:
The Dog Designation Appeal Committee's Notice of Decision was served on the Appellant and
the Respondent via registered mail on February 3, 2011; thereby notifying both parties that the
Committee's decision would be considered at the March 7, 2011 Council meeting.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO & City Treasurer, Finance &
Cor orate Services
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