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HomeMy WebLinkAboutFCS-14-198 - Dog Designation Appeal - EsbaughStaff Report rTC.�r R finance and Corporate Services Department www.kitchener.ca REPORT TO: Mayor B. Vrbanovic and Members of Council DATE OF MEETING: December 15, 2014 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Daphne Livingstone, Committee Administrator, 519- 741 -2200 x7275 WARD(S) INVOLVED: All DATE OF REPORT: November 18, 2014 REPORT NO.: FCS -14- 198 SUBJECT: PROHIBITED DOG DESIGNATION APPEAL — ESBAUGH RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Carrie Esbaugh, wherein the Committee substitutes the Prohibited Dog Designation applied to her dog `Jackson' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns the designation of Dangerous Dog along with conditions for keeping of said dog, be ratified and confirmed. BACKGROUND: On October 30, 2014, the Kitchener - Waterloo and North Waterloo Humane Society designated `Jackson', a German - Shepherd breed of dog owned by Ms. Carrie Esbaugh, as a Prohibited Dog, resulting from the violation of the requirements previously assigned to `Jackson' on March 25, 2014, for the keeping of `Jackson' as a Dangerous Dog. The Office of the City Clerk subsequently received correspondence from Ms. Esbaugh appealing the Prohibited Dog Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Carrie Esbaugh) and the Respondent (the Kitchener - Waterloo and North Waterloo Humane Society). REPORT: On November 17, 2014, the Dog Designation Appeal Committee considered a Statement of Facts and Agreement regarding the incidents surrounding `Jackson' and the violation by Ms. Esbaugh of the conditions of keeping the Dangerous Dog. The Statement of Facts indicated that Ms. Esbaugh violated the conditions by harbouring the Designated Dog in a multiple dwelling unit which lead to the designation of Prohibited Dog. The Committee considered the Agreement with modified conditions which would allow Ms. Esbaugh to find a new residence to comply with the requirements for keeping the Designated Dog; and, hereby substitutes the Prohibited Dog Designation applied to `Jackson' and assigns to `Jackson' a new designation of Dangerous Dog. The general nature of the changes in conditions applied to `Jackson' as a result of the substitution and new designation include an expanded restriction for confinement, as outlined in A); and, an extended compliance date of March 1, 2015 for condition N) to allow Ms. Esbaugh to remain in a multiple unit dwelling or lodging house until that time. In addition, the animal 2. -1 Page 2 of 4 service provider will ensure compliance by investigating to assure the Committee that Ms. Esbaugh will have complied with condition N) by moving to a new residence or having `Jackson' relocated. Ms. Esbaugh has been made aware that failure to comply with the conditions will result in a Prohibited Dog Designation. The Committee assigns the following conditions for the keeping of said Dangerous Dog, pursuant to Chapter 530.11.2(c): That the owner shall: a) ensure that the Designated Dog is kept, when it is on the lands and premises of the owner, confined: i. within the owner's dwelling; or, ii. in an outdoor pen that is both secure and provides humane shelter to the satisfaction of the animal services provider; iii. in an area with a secure and adequate fence to the satisfaction of the animal services provider. However the animal services provider may refuse to approve any fenced area, if in the sole discretion of the animal services provider, a fenced area would provide insufficient protection to members so the public including unsupervised children who may wander into the area; or iv. when outside of the dwelling and the approved pen or fenced area contemplated by subsection s(ii) and (iii), under the effective control of a person of at least sixteen years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider and, where the dog is required to wear a muzzle off its property by this designation shall also wear a muzzle when confined in accordance with this subsection (iv). b) when children under the age of 14 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) 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. d) 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. 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. 2.-2 Page 3 of 4 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) 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. k) to have the dog sterilized and to provide a proof satisfactory to the Poundkeeper that such procedure has been performed. 1) provide a copy of this designation to any person who keeps or harbours the Dangerous Dog. m) cause the Dangerous Dog to wear the tag or tag(s) provided by the Poundkeeper at all times. n) ensure that the Designated Dog is not kept or harboured in a multiple unit dwelling or lodging house. This requirement shall not take effect until March 1, 2015. The Committee notes that unless noted specifically herein, the owner must comply with all of the prescribed requirements immediately following Kitchener City Council's ratification of this decision. 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 November 17, 2014 Hearing, were advised of the Committee's decision and that it would be considered at the December 15, 2014 Council meeting. In addition, a Notice of Decision was served on the Appellant and the Respondents via registered 2. -3 Page 4 of 4 mail on November 29, 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 & Corporate Services 2. -4