HomeMy WebLinkAboutFCS-12-011 - Dog Designation Appeal Committee Recommendation .pREPORT TO:Mayor C. Zehr and Members of Council
DATE OF MEETING:
February 6, 2012
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY:
Colin Goodeve, Supervisor, Legislated Services 741-2278
WARD(S) INVOLVED:
All
DATE OF REPORT: January 17, 2012
REPORT NO.:
FCS-12-011
SUBJECT:
DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION - BERRY
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Vivienne Berry, wherein the Committee modifies the Dangerous Dog Designation applied to
her dog ‘Gizmo’ by the Kitchener-Waterloo and North Waterloo Humane Society and
assigns conditions for the keeping of said dog, be ratified and confirmed.
BACKGROUND:
On November 28, 2011, the Kitchener-Waterloo and North Waterloo Humane Society
designated ‘Gizmo’, a dog owned by Ms. Vivienne Berry, as a Dangerous Dog. This was done
after determining that on June 16, 2011 ‘Gizmo’ attacked a person 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. Berry appealing the Dangerous Dog
Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Vivienne Berry)
and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society).
REPORT:
On January 16, 2012, the Dog Designation Appeal Committee considered the evidence and
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exhibits introduced regarding the June 16 incident, finding that in the absence of mitigating
factors, ‘Gizmo’ did attack and cause injuries to a person. Therefore, the Committee resolved to
affirm the Dangerous Dog Designation applied to ‘Gizmo’ 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:
(i) within the owner’s dwelling;
(ii) ensure that the rear-yard is secured at all times, with both gates being properly
shut, to prevent the Dangerous Dog from leaving the property;
b) when children under the age of 14 are in the owner’s dwelling, keep the Dangerous
Dog caged, penned or under the control of a person of at least 16 years of age;
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c) keep the Dangerous Dog under the effective control of a person of at least 16 years of
age and under leash, which is 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;
d) no other dog is permitted to be walked by the same person at the same time as the
Dangerous Dog;
e) while off the owner’s property, should someone approach the Dangerous Dog, a verbal
warning shall be provided to caution and/or prevent said person from coming into
contact with the Dangerous Dog;
f) have a microchip inserted in the Dangerous Dog by a licenced veterinarian and to
permit the Poundkeeper to verify the implantation of such microchip and supply the
microchip information to the Poundkeeper;
g) provide the Poundkeeper with the new address and telephone number of the owner
within two (2) working days of moving the Dangerous Dog;
h) 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;
i) advise the Poundkeeper within two (2) working days of the death of the Dangerous
Dog;
j) advise the Poundkeeper forthwith if the Dangerous Dog is running at large or has
bitten or attacked any person or animal;
k) purchase and display, at the entrance of the owner’s dwelling which a person would
normally approach, and at any other place on the property as directed by the
Poundkeeper, a warning sign or warning signs provided by the Poundkeeper. The
sign(s) shall be posted in such a manner that it/they cannot be easily removed by
passerby and must be clearly visible to a person approaching the entrance;
l) provide a copy of this designation to any person who keeps or harbours the
Dangerous Dog; and,
m) 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 the subject dog as set out in the Committee’s decision. In this
regard, the recommendation contained herein will appear on the February 6, 2012 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.
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FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
All those in attendance at the January 16, 2012 Hearing, were advised of the Committee’s
decision and that it would be considered at the February 6, 2012 Council meeting. In addition, a
Notice of Decision was served on the Appellant and the Respondent via registered mail on
January 18, 2012; thereby, further notifying both parties of when the Committee’s decision
would be considered by Council and the process for registering as a delegation.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO - Finance & Corporate Services
Department
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