HomeMy WebLinkAboutFCS-15-100 - Dog Designation Appeal Committee
Mayor B. Vrbanovic and Members of Council
REPORT TO:
DATE OF MEETING: June 29, 2015
Dog Designation Appeal Committee
SUBMITTED BY:
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: June 5, 2015
REPORT NO.: FCS-15-100
SUBJECT: Dangerous Dog Designation Appeal – Bonsi
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RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Claudio Bonsi and Ms. Crystal Bonsi, wherein the Committee rescinds
the Potentially Dangerous Dog Designation applied to their dog ‘Thor’ by the
Kitchener-Waterloo and North Waterloo Humane Society, be ratified and
confirmed.
BACKGROUND:
On April 15, 2015 the Kitchener-Waterloo and North Waterloo Humane Society
designated a Labrador Retriever dog named ‘Thor’, a dog owned by Claudio and
Crystal Bonsi, as a Potentially Dangerous Dog, pursuant to City of Kitchener By-law
2014-142. It was noted in the Humane Society’s Notice of Potentially Dangerous Dog
Designation, that this designation was issued as a result of complaints related to ‘Thor’
attempting to attack another dog, ‘Hudson’ on two occasions.
On approximately April 25, 2015 the Office of the City Clerk received correspondence
from Claudio and Crystal Bonsi appealing the Potentially Dangerous Dog Designation
assigned to their Dog ‘Thor’. Accordingly, on April 28, 2015 a Notice of Hearing was
issued to the Appellants (Claudio and Crystal Bonsi) and the Respondent (the
Kitchener-Waterloo and North Waterloo Humane Society), advising that on June 1,
2015 a hearing of the Dog Designation Appeal Committee would be held to consider
this matter.
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REPORT:
The Dog Designation Appeal Committee established by the Council of the Corporation
of the City of Kitchener pursuant to City of Kitchener Municipal By-law 2014-142 and the
Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on June 1, 2015 to
consider an appeal filed with the City by Claudio and Crystal Bonsi, reports as follows:
The Committee considered the following:
evidence provided on behalf of the Respondent by Officer Jennifer Frayne,
Kitchener-Waterloo and North Waterloo Humane Society, which demonstrates
that the investigation of the incidents were closed on two separate occasions by
the initial investigating Officer, Mathew Burton;
evidence provided by Isabelle Simmons, witness for the Respondent,
demonstrating an altercation between her dog and ‘Thor’ as well as testimony
regarding a history between the two dogs;
testimony of Robert Schipper, witness for the Respondent, which did not include
evidentiary proof of aggression by ‘Thor’;
evidence and testimony of Claudio and Crystal Bonsi Appellants and Owners of
‘Thor’ which included letters of reference, demonstrated completion of obedience
training, and a willingness to utilize a Gentle Leader, neuter and microchip ‘Thor’;
testimony of Alyssa and Luke Bonsi, witnesses for the Appellants, demonstrating
the circumstances of the complaints.
In addition, the Committee reviewed and considered the provisions of City of Kitchener
Municipal By-law 2014-14 and recommends that having considered all of the evidence
and exhibits presented regarding the Designation; and, having reviewed the
circumstances regarding the complaints of the incidents including the offer of the
hereby
appellants to neuter, microchip, and use a Gentle Leader, the Committee
rescinds
the Potentially Dangerous Dog Designation applied to ‘Thor’.
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 June 1, 2015 Hearing, were advised of the
Committee’s decision and that it would be considered at the June 29, 2015 Council
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meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on June 11, 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.
Dan Chapman, DCAO, Finance and Corporate Services
ACKNOWLEDGED BY:
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