HomeMy WebLinkAboutFCS-11-182 - Dog Designation Appeal Committee - ElliottREPORT TO:
Mayor C. Zehr and Members of Council
DATE OF MEETING:
October 24, 2011
SUBMITTED BY:
Dog Designation Appeal Committee
PREPARED BY:
Colin Goodeve, Committee Administrator (519) 741-2278
WARD(S) INVOLVED:
All
DATE OF REPORT:
September 20, 2011
REPORT NO.:
FCS-11-182
SUBJECT:
DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION - ELLIOTT
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Tracey Elliott, wherein the Committee modifies the Dangerous Dog Designation assigned
to her dog ‘Precious’ by the Kitchener-Waterloo and North Waterloo Humane Society and
assigns conditions for the keeping of said dog, be ratified and confirmed.
BACKGROUND:
On August 10, 2011, the Kitchener-Waterloo and North Waterloo Humane Society designated
‘Precious’, a dog owned by Ms. Tracey Elliott, as a Dangerous Dog. This was done after
determining that on August 9, 2011 ‘Precious’ attacked another dog without provocation in
contravention to Chapter 530(Dogs) of the City of Kitchener Municipal Code. The Office of the
City Clerk subsequently received correspondence from Ms. Elliott appealing the Dangerous Dog
Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Tracey Elliott)
and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society).
REPORT:
On September 19, 2011, the Dog Designation Appeal Committee considered the evidence and
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exhibits introduced regarding the August 9 incident, finding that in the absence of mitigating
factors, ‘Precious’ did attack and cause significant injuries to another dog while off its owner’s
property. Therefore, the Committee agreed to affirm the Dangerous Dog Designation applied to
‘Precious’ and pursuant to Chapter 530.11.2(c) assigns the following modified requirements 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 within the owner’s residence;
b) when children under the age of 14 are in the owner’s residence 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, under leash, which is not to exceed 1.8 meters (6 feet) in length, and affixed
to a “SENSE-ible Dog Harness” or another similar front connection harness to be
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approved by the Poundkeeper, at all times when the Dangerous Dog is outside the
owner’s residence;
d) successfully complete obedience/aggression prevention training with the Dangerous
Dog to the satisfaction of a certified professional dog trainer, with verification of
completion to be provided to the Poundkeeper within six (6) months of Kitchener City
Council’s ratification of this designation;
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; and,
j) cause the Dangerous Dog to wear the tag or tag(s) provided by the Poundkeeper at
all times.
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 October 24, 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 applied to their dogs.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
All those in attendance at the September 19, 2011 Hearing, were advised of the Committee’s
decision and that it would be considered at the October 24, 2011 Council meeting. In addition,
a Notice of Decision was served on the Appellant and the Respondent via registered mail on
September 27, 2011; thereby, further notifying both parties of when the Committee’s decision
would be considered by Council and the process for registering as delegations.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO - Finance & Corporate Services
Department
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