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HomeMy WebLinkAboutFCS-15-035 - Dog Designation Appeal Mayor B. Vrbanovic and Members of Council REPORT TO: DATE OF MEETING: March 23, 2015 Dog Designation Appeal Committee SUBMITTED BY: PREPARED BY: Daphne Livingstone, Committee Administrator, 519-741-2200 x7275 WARD(S) INVOLVED: All DATE OF REPORT: February 3, 2015 REPORT NO.: FCS-15-035 SUBJECT: Dangerous Dog Designation Appeal – Urquhart & Nguyen ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Sonya Urquhart and Bui Nguyen, wherein the Committee substitutes the Prohibited Dog Designation applied to their dog ‘Bandit’ 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 August 8, 2014, the Kitchener-Waterloo and North Waterloo Humane Society designated ‘Bandit’, a Bull Mastiff and Shepherd breed of dog owned by Ms. Sonya Urquhart and Mr. Bui Nguyen, as a Dangerous Dog, resulting from an unprovoked attack on another dog. The owners did not appeal that designation and the Dangerous Dog Designation was therefore confirmed. In December 2014, it was determined by the animal services provider that the Appellants had failed to comply with the conditions for the keeping of ‘Bandit’, and a Prohibited Designation was served to the owners on December 12, 2014. The Office of the City Clerk subsequently received correspondence from Ms. Urquhart and Mr. Nguyen appealing the Prohibited Dog Designation; and accordingly, a Notice of Hearing was issued to the Appellants (Sonya Urquhart and Bui Nguyen) and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society). REPORT: On January 26, 2015, the Dog Designation Appeal Committee considered the evidence and exhibits regarding the violation of conditions for the confirmed Dangerous Dog *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4. - 1 Page 2 of 4 Designation; and, having reviewed the evidence and exhibits introduced by the Appellants including the measures Ms. Urquhart and Mr. Nguyen have agreed to undertake to prevent any future incidents involving their dog ‘Bandit’; the Committee hereby substitutes the Prohibited Dog Designation applied to ‘Bandit’ and assigns to ‘Bandit’ a new designation of Dangerous Dog with modified conditions. The general nature of the changes in conditions applied to ‘Bandit’ as a result of the substitution include requiring the owners to have the dog muzzled and leashed any time the dog is outside of the apartment unit, including the common areas such as the hallway and elevator, as well as removal of the condition prohibiting the owners from harbouring the dog in a multi-unit dwelling. In addition, the Committee assigns the following conditions for the keeping of said Dangerous Dog, pursuant to the City of Kitchener Dog Designation By-law 2014-142: That the owner shall: (a) Ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing and muzzling requirements are complied with; (b) Ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; (c) Provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; (d) Advise the animal services provider within two working days of the death of the designated dog; (e) Advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; (f) Provide a copy of this designation to any person who keeps or harbours the designated dog; (g) Provide a copy of this designation to any veterinarian treating the designated dog and within the veterinarian’s premises shall be exempt from the requirements of this designation to the extent necessary to secure veterinary treatment for the dog at the discretion of the veterinarian; (h) Ensure that the designated dog has a current City dog licence; 4. - 2 Page 3 of 4 (i) Ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; (j) Ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: i. within the dwelling; 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 of 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 subsections (b) and (c), 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 (d); (k) Ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is outside of the owner’s apartment unit and not caged or otherwise penned or confined to the satisfaction of the animal service provider. (l) Ensure that the designated dog is kept caged, penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 18 years of age when any person who does not habitually reside in the owner’s dwelling is present; (m) Ensure that the warning sign or signs provided by the animal services provider are displayed 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 animal services provider. The sign(s) shall be posted in 4. - 3 Page 4 of 4 such a manner that it/they cannot be easily removed by passersby and the signposted 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 animal services provider to request that person to post a sign or signs; (n) Ensure that the designated dog is sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; (o) Ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip within 30 days of ratification of this decision. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Enforcing the provisions of the Dog Designation By-law 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: INFORM - All those in attendance at the January 26, 2015 Hearing, were advised of the Committee’s decision and that it would be considered at the March 23, 2015 Council meeting. In addition, a Notice of Decision was served on the Appellant and the Respondents via registered mail on February 3, 2015; 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 4. - 4