HomeMy WebLinkAboutFCS-14-124- Dog Designation Appeal - Glutting
REPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: June 30, 2014
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: June 18, 2014
REPORT NO.: FCS-14-124
SUBJECT: DANGEROUS DOG DESIGNATION APPEAL – GLUTTING
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RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Thomas Glutting, wherein the Committee affirms the Dangerous Dog Designation applied to
his dog ‘Foxy Lady’ by the Kitchener-Waterloo and North Waterloo Humane Society and
assigns conditions for keeping of said dog, be ratified and confirmed.
BACKGROUND:
On February 9, 2014, the Kitchener-Waterloo and North Waterloo Humane Society designated
‘Foxy Lady’, a Collie-Retriever breed of dog owned by Mr. Thomas Glutting, as a Dangerous
Dog, resulting from violations of the requirements for keeping ‘Foxy Lady’, who was formerly
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designated a Potentially Dangerous Dog on December 18, 2013. The Office of the City Clerk
subsequently received correspondence from Mr. Glutting appealing the Dangerous Dog
Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Thomas
Glutting) and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society).
At the meeting of May 5, 2014, the Dog Designation Appeal Committee adjourned the appeal
hearing at the request of Mr. Thomas Glutting, to afford the Committee an opportunity to obtain
the services of a German Interpreter and the Appellant additional time to contact witnesses. A
Notice of Adjournment was issued to the Appellant (Thomas Glutting) in both English and
German, and to the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society)
notifying the parties that the hearing would take place on June 16, 2014.
REPORT:
On June 16, 2014, the Dog Designation Appeal Committee considered the submission from Ms.
J. Sheryer and testimony from Inspector Gary Bose and Officer Arturo Escamilla, Kitchener-
Waterloo and North Waterloo Humane Society regarding the Dangerous Dog Designation issued
to ‘Foxy Lady’ on February 9, 2014. In her submission, Ms. Sheryer indicated that Mr. Glutting
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would not be in attendance for the hearing this date; and, in accordance with Chapter 530 of the
Municipal Code the Committee heard and considered the evidence and testimony in his absence.
Having considered the evidence and testimony introduced by the parties present to this hearing,
the Committee found that the conditions for keeping ‘Foxy Lady’, a dog previously designated as
Potentially Dangerous and owned by Mr. Thomas Glutting, were violated by not keeping the dog
sufficiently contained and being permitted to run at large. Accordingly, the Committee affirmed the
Dangerous Dog Designation applied to ‘Foxy Lady’, and assigned the following 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; or,
ii. in an enclosed pen constructed with a secure top and sides and either a secure bottom
effectively attached to the sides or sides embedded in the ground to a minimum depth
of 30 centimetres (1 foot), or as otherwise approved by the Humane Society. The pen
shall provide humane shelter for the Dangerous Dog while preventing it from escaping
therefrom and preventing the entry therein of unsupervised children;
iii. in a yard with a fence of 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
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) provide the Poundkeeper with the new address and telephone number of the owner within
two (2) working days of moving the Dangerous Dog.
d) 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.
e) advise the Poundkeeper within two (2) working days of the death of the Dangerous Dog.
f) 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.
The Committee noted that the owner must comply with all of the prescribed requirements
immediately following Kitchener City Council’s ratification of this decision. In addition, in the event
that the Dangerous Dog is surrendered to the Humane Society, the Committee recommended the
Dangerous Dog Designation be rescinded as the conditions causing the designation would be
removed.
On June 18, 2014, staff confirmed that ownership of ‘Foxy Lady’ was surrendered to the Humane
Society. Accordingly, upon ratification of the decision contained herein, the Dangerous Dog
Designation would be rescinded to allow for adoption of ‘Foxy Lady’.
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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:
All those in attendance at the June 16, 2014 Hearing, were advised of the Committee’s decision
and that it would be considered at the June 30, 2014 Council meeting. In addition, a Notice of
Decision was served on the Appellant and the Respondents via registered mail on June 18,
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.
Dan Chapman, DCAO, Finance & Corporate Services
ACKNOWLEDGED BY:
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