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HomeMy WebLinkAboutFCS-14-035 - Dog Designation Appeal Committee Recommendation�t Staff Report Finance and Corporate Services Department 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 3, 2014 Dog Designation Appeal Committee Daphne Livingstone, Committee Administrator 519- 741 -2200 x7275 All February 18, 2014 FCS -14 -035 DOG DESIGNATION APPEAL COMMITTEE RECOMMENDATION - DALY www1 tchener ra That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Catherine Daly, wherein the Committee substitutes the Prohibited Dog Designation applied to her dog `Budweiser' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns the Designation of Dangerous Dog with conditions for the keeping of said dog, be ratified and confirmed. BACKGROUND: On June 24, 2014, the Kitchener - Waterloo and North Waterloo Humane Society designated `Budweiser', a Retriever - Shepherd breed of dog owned by Ms. Catherine Daly and Mr. Doug Daly, as a Dangerous Dog. It was discovered that the owners of `Budweiser' did not confine him in an enclosed pen, constructed with a secure top and sides, or as required by the Poundkeeper, when outside of their dwelling. In addition, complaints were filed by neighbours related to the failure of the owners to muzzle the dog when walking or outside of the dwelling, as these instances are a violation of the requirements for the keeping of the dog, on November 27, 2013 `Budweiser' was designated as a Prohibited Dog. The Office of the City Clerk subsequently received correspondence from Ms. Daly appealing the Prohibited Dog Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Catherine Daly) and the Respondent (the Kitchener - Waterloo and North Waterloo Humane Society). REPORT: On January 27, 2014, the Dog Designation Appeal Committee, having considered the evidence and exhibits introduced by the Respondent; and having reviewed the evidence and exhibits introduced by the Appellant, detailing the extenuating circumstances preventing the appeal of the Dangerous Dog Designation issued June 24, 2013; and, the commitment of the owners to comply with the conditions contained herein; the Committee substitutes the Prohibited Dog Designation applied to `Budweiser' and assigns to `Budweiser' a designation of Dangerous Dog and pursuant to Chapter 530.11.2(b) assigns the following modified requirements for the keeping of said Dangerous Dog: That the owners shall: 6 -1 a) keep the dangerous dog, when it is on the lands and premises of the owner, confined: within the owner's dwelling; or, within a yard that to the Poundkeeper's satisfaction is secure with a fence of at least six (6) feet in height with any gate thereto having a self - closing device or engaged locking mechanism when the dog is in such yard, with a wooden fence to be constructed in the sideyard abutting 78 Reyburn Avenue which shall be completed by May 30, 2014; or the owner shall keep the Dangerous Dog caged, penned with said pen being located in the rear -yard of the owner's property located at 84 Reyburn Crescent. b) a muzzle, as defined in Chapter 530 (Dogs), is required 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 six (6) feet in height with any gate thereto having a self - closing device or engaged locking mechanism. c) 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. 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) have a microchip inserted in the Dangerous Dog by a licensed 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) 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 the subject dog as set out in the Committee's decision. 6 -2 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 January 27, 2014 Hearing, were advised of the Committee's decision and that it would be considered at the March 3, 2014 Council meeting. In addition, a Notice of Decision was served on the Appellant and the Respondent via registered mail on February 4, 2014; 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 and Corporate Services Department 6 -3