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HomeMy WebLinkAboutFCS-15-019 - Dog Designation Appeal - JamesStaff Report rTC.� R finance and Corporate Services Department www.kitchener.ca REPORT TO: Mayor B. Vrbanovic and Members of Council DATE OF MEETING: January 26, 2015 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Daphne Livingstone, Committee Administrator, 519- 741 -2200 x7275 WARD(S) INVOLVED: All DATE OF REPORT: December 22, 2014 REPORT NO.: FCS -15 -019 SUBJECT: DANGEROUS DOG DESIGNATION APPEAL — JAMES RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ricardo James, wherein the Committee hereby confirms the Dangerous Dog Designation applied to his dog `Jeezy' by the Kitchener - Waterloo and North Waterloo Humane Society and assigns the conditions for keeping of said dog, be ratified and confirmed. BACKGROUND: On September 27, 2014, the Kitchener - Waterloo and North Waterloo Humane Society designated `Jeezy', a Rottweiler breed of dog owned by Mr. Ricardo James, as a Dangerous Dog, resulting from an attack on a human. On October 21, 2014 the Office of the City Clerk subsequently received correspondence from Mr. James appealing the Dangerous Dog Designation; and accordingly, a Notice of Hearing was issued to the Appellant (Ricardo James) and the Respondent (the Kitchener - Waterloo and North Waterloo Humane Society). REPORT: On December 10, 2014, the Dog Designation Appeal Committee considered a Statement of Facts and Agreement prepared in joint resolution by the Respondent and Appellant, regarding the September 27th, 2014 incident. The Agreement included upholding of the Dangerous Dog Designation and modified conditions for the keeping of `Jeezy'. In addition to the Agreement, the Committee considered evidence suggesting that the attack was in defence of the owner, Mr. James. In consideration of the agreed Statement of Facts and the evidence submitted, the Committee hereby confirms the 2. -1 Page 2 of 4 Dangerous Dog Designation applied to `Jeezy' and assigned modified conditions for keeping the Dog. The general nature of the changes in conditions applied to `Jeezy' as a result of the modifications by the Committee include an expanded restriction for confinement, as outlined in A); to enhance muzzle requirements to ensure safety of those unacquainted with the dog in B); and, an extended compliance date of June 15, 2015 for conditions D) and J) to allow additional time for Mr. James to earn funds to pay for the microchip and sterilization. In addition, the modified conditions allow Mr. James to continue to reside in a multi -unit dwelling with `Jeezy'; and, for his younger brother to take the dog outside in his absence. The modified conditions for keeping the Dangerous Dog are as follows: 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 outdoor pen that is both secure and provides humane shelter to the satisfaction of the animal services provider; or, 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 of the public including unsupervised children who may wander in to the area; or iv. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (ii) and (iii), must be under leash not to exceed 1.8 metres (6 feet) in length, and must be approved by the animal services provider. 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); v. in addition to subsection (iv) and notwithstanding section b), the owner's brother be permitted to take the dog outside on to the property of the owner provided the dog is muzzled and leashed. b) Ensure the designated dog is securely confined in a manner that prevents the dog from being accidentally released, such as in a locked pen or room or under the control of a person of at least 18 years of age; and muzzled at all times if a person who does not normally reside in the dwelling unit is present, unless that person is both previously acquainted with and comfortable with the dog when it is muzzled. 2. -2 Page 3 of 4 c) Securely attach a muzzle, as defined in Municipal Code Chapter 530, 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 animal services provider. 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 by June 15, 2015. 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) To 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. j) To have the dog sterilized and to provide a proof satisfactory to the Poundkeeper that such procedure has been performed by June 15, 2015. k) Provide a copy of this designation to any person who keeps or harbours the Dangerous Dog. 1) To cause the dog to wear the tag(s) provided by the Poundkeeper at all times. 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. 2. -3 Page 4 of 4 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 December 10, 2014 Hearing, were advised of the Committee's decision and that it would be considered at the January 26, 2015, Council meeting. In addition, a Notice of Decision was served on the Appellant and the Respondents via registered mail on December 24, 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