HomeMy WebLinkAboutFCS-15-055 - Dangerous Dog Appeal - SchnarrStaff Report
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REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: April 13, 2015
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519- 741 -2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: March 30, 2015
REPORT NO.: FCS -15 -055
SUBJECT: Dangerous Dog Designation Appeal — Schnarr
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Jesse Schnarr, wherein the Committee confirms the Dangerous Dog
Designation and modifies the conditions for keeping of said dog, be ratified and
confirmed.
BACKGROUND:
On February 5, 2014, the Kitchener - Waterloo and North Waterloo Humane Society
designated `Pirate', a dog owned by Mr. Jesse Schnarr, as a Dangerous Dog. This was
done after determining that on January 17, 2015 `Pirate' attacked another dog without
provocation in contravention to City of Kitchener By -law 2014 -142 (Being a by -law with
respect to the designation of Potentially Dangerous, Dangerous, Prohibited and
Restricted Dogs). The Office of the City Clerk subsequently received correspondence
from Mr. Schnarr appealing the Dangerous Dog Designation; and a Notice of Hearing
was issued to the Respondent (the Kitchener - Waterloo and North Waterloo Humane
Society). The standard process of issuing the Notice of Hearing to the Appellant (Jesse
Schnarr) via registered mail was undertaken on February 24, 2015; however, after
repeated attempts by Canada Post to contact the Appellant, it was deemed to be
unclaimed. The Notice was returned to the Clerk's Office on March 19, 2015 and was
personally served to the Appellant by By -law Enforcement staff later that same day.
REPORT:
On March 23, 2015, the Dog Designation Appeal Committee convened a hearing to
consider the evidence and exhibits introduced regarding the January 17, 2015 incident.
* ** This information is available in accessible formats upon request. * **
Please call 519- 741 -2345 or TTY 1- 866 - 969 -9994 for assistance.
It is important to note that the Appellant choose not to attend the March 23rd hearing.
Section 37 of By -law 2014 -142 provides that where a person has requested a hearing
and does not appear at the appointed time, the Committee may dismiss the appeal as
abandoned; and, the requirements for the keeping of the subject dog set out by the
Humane Society would stand. However, the Committee decided not to dismiss the
appeal, but rather consider the evidence before rendering a decision. Based on the
evidence and exhibits, the Committee determined that in the absence of mitigating
factors, `Pirate' did attack a 10 month old Shar Pei from behind and a 15 minute
struggle ensued resulting in severe injuries being sustained by the Shar Pei.
Accordingly, the Committee agreed to affirm the Dangerous Dog Designation applied to
`Pirate' and pursuant to City of Kitchener By -law 2014 -142, Section 33 (c), modified the
requirements for keeping the Dangerous Dog. The general nature of the modifications in
conditions applied to `Pirate' included removal of reference to attendance at a leash -free
park as the Committee indicated that this wold not be safe for other dogs. reference to a
leash was modified to refer to a harness /leash as approved by the Animal Services
Provider; and, an additional condition to require the Animal Services Provider to attend
the residence of Mr. Schanrr on May 13, 2015 to ensure the conditions herein have
been complied with. The remainder of the conditions applied to `Pirate' remain as
assigned by the Humane Society as per the Dangerous Dog Designation issued
February 5, 2015.
The Committee hereby recommends that Council uphold the Dangerous Dog
Designation and assign the following modified requirements for the keeping of said
Dangerous Dog:
That the owner shall:
a) 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;
b) 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;
c) Advise the animal services provider within two working days of the death
of the designated dog;
d) Advise the animal services provider forthwith if the designated dog runs at
large or has bitten or attacked any person or animal;
e) Provide a copy of this designation to any person who keeps or harbours
the designated dog;
f) 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;
g) Ensure that the designated dog has a current City dog licence;
h) 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;
i) 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 service 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 harness
designed to improve control, 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);
j) Ensure that the designated dog is kept caged, penned, or under the
control of a person of at least sixteen years of age when any child under
the age of fourteen is in the owner's dwelling;
k) Ensure that the designated dog is kept under the effective control of a
person of at least sixteen years of age and under harness designed to
improve control, not to exceed 1.8 metres (6 feet) in length and to be
approved by the animal services provider, at all times when the
designated dog is off the owner's property and not caged or otherwise
penned or confined to the satisfaction of the animal services provider;
1) Ensure that the designated dog wears a securely attached muzzle that is
satisfactory to the animal services provider 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 service provider.
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
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 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 not kept or harboured in a multiple unit
dwelling or lodging house and where the owner's current dwelling is a
multiple unit 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 pursuant to this designation;
p) 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.
q) Be advised that the animal services provider will attend the residence of
the owner 30 days after the designation has been confirmed, May 13th
2015, to ensure the conditions of the Dangerous Dog Designation have
been complied with.
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 March 23, 2015 Hearing, were advised of the
Committee's decision and that it would be considered at the April 13, 2015 Council
meeting. In addition, a Notice of Decision was sent to the Appellant and the
Respondents via registered mail on March 24, 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.
Based on tracking information provided by Canada Post, the Appellant's Notice remains
unclaimed as of the writing of this report. Accordingly, the Notice of Decision was
served on the Appellant by By -law Enforcement staff during the week April 6, 2015.
ACKNOWLEDGED BY: Dan Chapman, DCAO, Finance and Corporate Services