HomeMy WebLinkAboutFCS-14-104- Dog Designation Committee Appeal - Mackay and SchmuckStaff Report
rTC.�r R finance and Corporate Services Department www.kitchener.ca
REPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: June 16, 2014
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519- 741 -2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: May 28, 2014
REPORT NO.: FCS -14 -104
SUBJECT: DANGEROUS DOG DESIGNATION APPEAL — MACKAY AND
SCHMUCK
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Christine Mackay and Bradley Schmuck, wherein the Committee affirms the Dangerous Dog
Designation applied to their dog `Ruben' by the Kitchener - Waterloo and North Waterloo
Humane Society and assigns conditions for keeping of said dog, be ratified and confirmed.
BACKGROUND:
On March 19, 2014, the Kitchener - Waterloo and North Waterloo Humane Society designated
`Ruben', a Rhodesian Ridgeback breed of dog owned by Ms. Christine Mackay and Mr. Bradley
Schmuck, as a Dangerous Dog, resulting from an unprovoked attack on a human, on February
23, 2014. The Office of the City Clerk subsequently received correspondence from Ms. Mackay
and Mr. Schmuck appealing the Dangerous Dog Designation; and accordingly, a Notice of
Hearing was issued to the Appellants (Christine Mackay and Bradley Schmuck) and the
Respondent (the Kitchener - Waterloo and North Waterloo Humane Society).
REPORT:
On May 5, 2014, the Dog Designation Appeal Committee considered the evidence and exhibits
introduced by all parties to this hearing. A Statement of Facts was presented on behalf of the
Respondent and Appellants which proposed modified conditions for keeping `Ruben'. The
modified conditions relate to section a) ii, which originally required the construction of a pen and
was modified to allow the construction of a fence to secure the dog in the yard of the residence;
and b), which originally required `Ruben' to be caged or penned when in the presence of
children under the age of 16 and was modified to provide for the exception of the dog owners'
children. The remainder of the conditions required by the Humane Society were unchanged in
the proposal presented to the Committee.
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The Committee then affirmed the Dangerous Dog Designation with the following revised
conditions for keeping 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; or,
ii. in a yard with a fence of approximately 6 feet of height or higher, such fence to be
adequate to keep the dog confined to the yard to the satisfaction of the
Poundkeeper; or
iii. wearing muzzle and on a leash not to exceed 1.8 metres (six feet) in length, and
under the control of a person of at least 16 years of age.
b) When children other than the children of the dog's owner(s) are in the owner(s)' dwelling,
to keep the dog caged, penned or under control of a person of at least 16 years of age.
c) securely attach a muzzle as defined in Chapter 530 (Dogs) to the Dangerous Dog 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.
d) 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.
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) purchase and display, at the entrance to the owner's dwelling, to 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
passersby and the sign posted at the entrance which a person would normally approach
must be clearly visible to a person approaching the entrance or, when in a multiple unit
dwelling, the owner will provide the name of the property owner and property manager if
any and allow the Dog Designation Appeal Committee to request that person to post a
sign.
j) To have the dog sterilized and to provide a proof satisfactory to the Poundkeeper that
such procedure has been performed.
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k) provide a copy of this designation to any person who keeps or harbours the Dangerous
Dog.
1) cause the Dangerous Dog to wear the tag or tag(s) provided by the Poundkeeper at all
times.
m) not to keep or harbour the Dangerous Dog in a multiple dwelling or lodging house and
where the owner's current dwelling is a multiple dwelling or lodging house the dog may
be kept or harboured at other premises subject to all the conditions imposed on the
keeping of the dog under this by -law.
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 May 5, 2014 Hearing, were advised of the Committee's decision
and that it would be considered at the June 16, 2014 Council meeting. In addition, a Notice of
Decision was served on the Appellant and the Respondents via registered mail on May 12,
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, DCAO, Finance & Corporate Services
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