HomeMy WebLinkAboutFCS-14-141- Dog Designation Appeal CommitteeStaff Report
rTC.�r R finance and Corporate Services Department www.kitchener.ca
REPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: August 25, 2014
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519- 741 -2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: July 15, 2014
REPORT NO.: FCS -14 -141
SUBJECT: DANGEROUS DOG DESIGNATION APPEAL — HOTTEN
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Cheryl Hotten and Earl Benjamin, wherein the Committee substitutes the Dangerous Dog
Designation applied to their dog `Kelly /Zara' by the Kitchener - Waterloo and North Waterloo
Humane Society and assigns the Designation of Potentially Dangerous Dog along with
conditions for keeping of said dog, be ratified and confirmed.
BACKGROUND:
On May 28, 2014, the Kitchener - Waterloo and North Waterloo Humane Society designated
`Kelly /Zara', an Ikeda breed of dog owned by Ms. Cheryl Hotten and Mr. Earl Benjamin, as a
Dangerous Dog, resulting from an unprovoked attack on another dog, `Arthur', on May 3, 2014.
The Office of the City Clerk subsequently received correspondence from Ms. Hotten appealing
the Dangerous Dog Designation; and accordingly, a Notice of Hearing was issued to the
Appellant (Cheryl Hotten and Earl Benjamin) and the Respondent (the Kitchener - Waterloo and
North Waterloo Humane Society).
REPORT:
On July 7, 2014, the Dog Designation Appeal Committee considered the evidence and exhibits
introduced regarding the May 3, 2014 incident from the respondent; and, finding that having
reviewed the evidence and exhibits introduced by the appellant, outlining the measures Ms.
Hotten and Mr. Benjamin have undertaken to prevent any future incidents involving their dog
"Kelly /Zara "; the Committee hereby substitutes the Dangerous Dog Designation applied to
"Kelly /Zara" and assigns to "Kelly /Zara" a designation of Potentially Dangerous Dog; and,
pursuant to Chapter 530.11.2(c) assigns the following conditions for the keeping of said
Potentially Dangerous Dog:
The conditions for keeping the Potentially Dangerous Dog are as follows:
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That the owner shall:
a) keep the potentially dangerous dog, when it is on the lands and premises of the
owner, confined:
i. within the owner's dwelling; or,
ii. within a fully fenced yard with a minimum height of 6' and a self - closing gate
mechanism;
b) keep the dog caged, penned or under the control of a person of at least 16 years of
age, when children under the age of 14 are in the owner's dwelling.
c) keep the potentially dangerous dog under the effective control of a person of at least
14 years of age and under leash 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 and not caged, penned, confined to the satisfaction of the Poundkeeper.
d) securely attach a muzzle as defined in this Chapter to the potentially dangerous dog at
all time when at a `leash free' park or when the dog is being walked or under the
control of anyone other than the owners (Cheryl Hotten and Earl Benjamin).
e) have a microchip inserted in the potentially 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 potentially 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 potentially dangerous
dog.
h) advise the Poundkeeper within two (2) working days of the death of the potentially
dangerous dog.
i) advise the Poundkeeper forthwith if the potentially dangerous dog is running at large
or has bitten or attacked any person or animal.
j) purchase and display, at the entrance to 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
signs 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.
k) have the dog sterilized and to provide a proof satisfactory to the Poundkeeper that
such procedure has been performed.
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1) provide a copy of this designation to any person who keeps or harbours the potentially
dangerous dog.
m) cause the dog to wear the tag(s) provided by the Poundkeeper at all times.
n) not keep or harbour the 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 July 7, 2014 Hearing, were advised of the Committee's decision
and that it would be considered at the August 25, 2014 Council meeting. In addition, a Notice of
Decision was served on the Appellant and the Respondents via registered mail on July 8, 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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