HomeMy WebLinkAboutFCS-14-189 - Dog Designation Appeal Committee
REPORT TO: Mayor C. Zehr and Members of Council
DATE OF MEETING: November 17, 2014
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: October 29, 2014
REPORT NO.: FCS-14-189
SUBJECT: DANGEROUS DOG DESIGNATION APPEAL – EAGLES & HAGON
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RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Crystal Eagles and Ben Hagon, wherein the Committee substitutes the Dangerous Dog
Designation applied to their dog ‘Bailey’ 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 August 11, 2014, the Kitchener-Waterloo and North Waterloo Humane Society designated
‘Bailey’, a Great Dane breed of dog owned by Ms. Crystal Eagles and Mr. Ben Hagon, as a
Dangerous Dog, resulting from an unprovoked attack on a human, on August 10, 2014. The
Office of the City Clerk subsequently received correspondence from Ms. Eagles and Mr. Hagon
appealing the Dangerous Dog Designation; and accordingly, a Notice of Hearing was issued to
the Appellants (Crystal Eagles and Ben Hagon) and the Respondent (the Kitchener-Waterloo
and North Waterloo Humane Society).
REPORT:
On September 15, 2014, the Dog Designation Appeal Committee considered the evidence and
exhibits regarding the August 10, 2014 incident from the Respondent; and, having reviewed the
evidence and exhibits introduced by the Appellant including the measures Ms. Eagles and Mr.
Hagon have undertaken to prevent any future incidents involving their dog ‘Bailey’; the
hereby substitutes
Committee the Dangerous Dog Designation applied to ‘Bailey’ and assigns
to ‘Bailey’ a designation of Potentially Dangerous Dog. The general nature of the changes in
conditions applied to ‘Bailey’ as a result of the substitution include removing the requirements to
affix a sign or construct a pen, as well as removing the requirement of the dog to be caged in
the residence while the children living in the home are present.
The Committee assigns the following conditions for the keeping of said Potentially Dangerous
Dog, pursuant to Chapter 530.11.2(c):
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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. In the rear yard of the owner’s property, subject to the fence constructed in
accordance with Kitchener Municipal Code Chapter 630 (Fences) and to the
satisfaction of the Poundkeeper.
b) keep the Potentially Dangerous Dog under the effective control of a person of at least 16
years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and
to be approved by the Poundkeeper, at all times when the dangerous dog is off the
owner’s property.
c) securely attach a muzzle as defined in Chapter 530 (Dogs) to the Potentially Dangerous
Dog at all times when it is off the owner’s property, unless being walked by the owner(s),
Mr. Ben Hagon and/or Ms. Crystal Eagles.
d) provide the Poundkeeper with the new address and telephone number of the owner
within two (2) working days of moving the Potentially Dangerous Dog.
e) 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.
f) advise the Poundkeeper within two (2) working days of the death of the Potentially
Dangerous Dog.
g) advise the Poundkeeper forthwith if the Potentially Dangerous Dog is running at large or
has bitten or attacked any person or animal.
h) provide a copy of this designation to any person who keeps or harbours the Potentially
Dangerous Dog.
i) cause the Potentially Dangerous Dog to wear the tag or tag(s) provided by the
Poundkeeper at all times.
j) not 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 said 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.
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FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
All those in attendance at the September 15, 2014 Hearing, were advised of the Committee’s
decision and that it would be considered at the November 17, 2014 Council meeting. In
addition, a Notice of Decision was served on the Appellant and the Respondents via registered
mail on September 23, 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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