HomeMy WebLinkAboutFCS-15-144 - Dangerous Dog Appeal - Pedican
Mayor B. Vrbanovic and Members of Council
REPORT TO:
DATE OF MEETING: October 5, 2015
Dog Designation Appeal Committee
SUBMITTED BY:
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: September 24, 2015
REPORT NO.: FCS-15-144
SUBJECT: Prohibited Dog Designation Appeal – Pedican
___________________________________________________________________________
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Spencer Pedican, wherein the Committee confirms the Prohibited Dog
Designation applied to his dog ‘Bella’ by the Kitchener-Waterloo and North
Waterloo Humane Society, be ratified and confirmed.
BACKGROUND:
On April 10, 2015 the Kitchener-Waterloo and North Waterloo Humane Society designated a
dog named ‘Bella’, owned by Spencer Pedican, as a Prohibited Dog, pursuant to City of
Kitchener Dog Designation By-law 2014-142.
On April 13, 2015 the Office of the City Clerk received correspondence from Spencer Pedican,
appealing the Prohibited Dog Designation assigned to his dogs ‘Bella’. Accordingly, on April 29,
2015 a Notice of Hearing was issued to the Appellant, (Spencer Pedican) 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.
On May 22, 2015, a request for an adjournment was received from Heidi Pedican, on behalf of
Spencer Pedican, and was granted by the Committee at the Hearing of June 1, 2015 to
accommodate a family emergency. A second hearing notice was issued for August 24, 2015.
At the meeting of August 24, 2015, the Committee considered a request for a further
adjournment received from Heidi Pedican to accommodate a family function. The Committee
granted the adjournment request and a third notice of hearing was issued for September 14,
2015.
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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 September 14,
2015 to consider an appeal filed with the City by Spencer Pedican, reports as follows:
The Committee considered the following:
Evidence including pictures and a descriptive chart, provided on behalf of the
Respondent by Officer Jennifer Frayne, Kitchener-Waterloo and North Waterloo
Humane Society, which demonstrates that in the Officer’s opinion ‘Bella’, a pit
bull/boxer cross breed of dog meets the definition of “Pit Bull dog” under the Dog
Designation By-law 2014-142, as “a dog of any age which has the appearance
and physical characteristics predominately conforming to the standards as
established by the Canadian Kennel Club”, with attributes meeting the Breed
Standards, as outlined in Schedule ‘A’ to the By-law.
evidence and testimony of Spencer Pedican, Appellant and Owner of ‘Bella’
which included letters of reference demonstrating ‘Bella’ is a gentle dog with a
non-aggressive disposition, pictures of ‘Bella’ with children, as well as a Health
Certificate and vaccination records which describe the breed as a Boxer Mix.
testimony of Heidi and David Pedican, witnesses for the Appellants, describing
the ‘Bella’ as a good dog without an aggressive nature.
In addition, the Committee reviewed and considered the provisions of City of Kitchener
Municipal By-law 2014-142 and recommends that having considered all of the evidence
and exhibits presented regarding the Designation; and, having reviewed the physical
attributes of ‘Bella’ with the Breed Standards, as outlined in Schedule ‘A’ to the By-law,
hereby confirms
the Committee the Prohibited Dog Designation applied to ‘Bella’.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City’s strategic
vision through the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM - All those in attendance at the September 14, 2015 Hearing, were advised of
the Committee’s decision and that it would be considered at the October 5, 2015
Council meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on September 17, 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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