HomeMy WebLinkAboutFCS-13-064 - Dog Designation Appeal Committee - Mylonas
REPORT TO:Mayor C. Zehr and Members of Council
DATE OF MEETING:
May 13, 2013
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY:
Daphne Livingstone, Committee Administrator (ext. 7277)
WARD(S) INVOLVED:
All
DATE OF REPORT: April 15, 2013
REPORT NO.:
FCS-13-064
SUBJECT:
DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION - MYLONAS
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Paul Mylonas, wherein the Committee modifies the Dangerous Dog Designation applied to
his dog ‘Tessa’ by the Kitchener-Waterloo and North Waterloo Humane Society and assigns
conditions for the keeping of said dog, be ratified and confirmed.
BACKGROUND:
On February 20, 2013, the Kitchener-Waterloo and North Waterloo Humane Society designated
‘Tessa’, a dog owned by Mr. Paul Mylonas, as a Dangerous Dog. This was done after
determining that on January 19, 2013, ‘Tessa’ 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 Mr. Mylonas appealing the Dangerous
Dog Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Paul
Mylonas) and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society).
REPORT:
On April 15, 2013, the Dog Designation Appeal Committee considered the evidence and
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exhibits introduced regarding the January 19 incident, finding that in the absence of mitigating
factors, ‘Tessa’ did attack and cause injuries to a person. Therefore, the Committee resolved to
affirm the Dangerous Dog Designation applied to ‘Tessa’ and pursuant to Chapter 530.11.2(c)
assigns the following modified requirements for the keeping of the 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) within an enclosed pen constructed to the satisfaction of the Poundkeeper.
b) when children under the age of 14 are in the owner’s dwelling, keep the
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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, 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) to securely attach a muzzle as defined in this Chapter to the dangerous at all
times when it is off the owner’s property and not caged or otherwise penned or
confined to the satisfaction of the Poundkeeper.
e) 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.
f) provide the Poundkeeper with the new address and telephone number of the
owner within two (2) working days of moving the Dangerous Dog.
g) 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.
h) advise the Poundkeeper within two (2) working days of the death of the
Dangerous Dog.
i) advise the Poundkeeper forthwith if the Dangerous Dog is running at large or
has bitten or attacked any person or animal.
j) 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.
k) to have the dog sterilized and to provide a proof satisfactory to the Poundkeeper
that such procedure has been performed.
l) provide a copy of this designation to any person who keeps or harbours the
Dangerous Dog.
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.
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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:
INFORM - All those in attendance at the April 15, 2013 Hearing were advised of the
Committee’s decision and that it would be considered at the May 13, 2013 Council meeting. In
addition, a Notice of Decision was served on the Appellant and the Respondent via registered
mail on April 16, 2013; 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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