HomeMy WebLinkAboutFCS-15-131 - Dangerous Dog AppealStaff Report
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REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: August 24, 2015
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519- 741 -2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: August 26, 2015
REPORT NO.: FCS -15 -131
SUBJECT: Dangerous Dog Designation Appeal — Loveless and Johnston
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Shannon Loveless and Ms. Kathy Johnston, wherein the Committee
rescinds the Potentially Dangerous Dog Designation applied to their dog
`Freckles' by the Kitchener - Waterloo and North Waterloo Humane Society, be
ratified and confirmed.
BACKGROUND:
On April 14, 2015 the Kitchener - Waterloo and North Waterloo Humane Society
designated a Jack Russell type dog named `Freckles', a dog owned by Shannon
Loveless and Kathy Johnston, 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 `Freckles'
having been impounded once in 2012 and three times in 2013, as well as numerous
complaints having been received regarding a dog of Jack Russel breed running at large.
On approximately May 4, 2015 the Office of the City Clerk was received notification
from Mr. Shannon Loveless and Ms. Kathy Johnston appealing the Potentially
Dangerous Dog Designation assigned to their Dog `Freckles'. Accordingly, on July 13,
2015 a Notice of Hearing was issued to the Appellants (Shannon Loveless and Kathy
Johnston) and the Respondent (the Kitchener - Waterloo and North Waterloo Humane
Society), advising that on August 24, 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 August 24, 2015
to consider an appeal filed with the City by Mr. Shannon Loveless and Ms. Kathy
Johnston, reports as follows:
The Committee considered the following:
• Testimony on behalf of the Respondent, Kitchener - Waterloo and North Waterloo
Humane Society, by Officer Jennifer Frayne, stating that the designation was
applied to `Freckles' for running at large under Dog Designation By -law 2014 -142
Subsection 1 (b), which defines a Potentially Dangerous Dog as: "a dog that has
been impounded by the animal services provider or for whom the owner has
been convicted on a total of three occasions within a twenty -four month period for
such dog being at large in the municipality'. Officer Frayne testified that the
Humane Society had impounded `Freckles' a total of four times.
• Evidence provided on behalf of the Respondent including the Notice of
Potentially Dangerous Dog Designation; a copy of the license for `Freckles'; and,
the Person View Report detailing all of the information and incidences recorded
by the Humane Society, receipts, cases and license activity for `Freckles' which
demonstrated that `Freckles' had been impounded twice in 2013.
• Testimony of Mr. Shannon Loveless and Ms. Kathy Johnston, Appellants, refuting
the information provided by the Respondent.
The Committee reviewed and considered the provisions of City of Kitchener Municipal
By -law 2014 -142 and determined in deliberations that the evidence demonstrated that
`Freckles' was impounded twice in 2013, rather than the four times stated in testimony,
and that there was insufficient evidentiary proof to warrant designation at this time. The
Committee considered all testimony and evidence provided and determined that a
designation is not warranted and as a result, the Committee hereby rescinds the
Potentially Dangerous Dog Designation applied to `Freckles'.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM - All those in attendance at the August 24, 2015 Hearing, were advised of the
Committee's decision and that it would be considered at the September 14, 2015
Council meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on August 26, 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
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