HomeMy WebLinkAboutFCS-15-173 - Dangerous Dog and Potentially Dangerous Dog Designations Appeal - DeLaat
Mayor B. Vrbanovic and Members of Council
REPORT TO:
DATE OF MEETING: December 14, 2015
Dog Designation Appeal Committee
SUBMITTED BY:
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: November 16, 2015
REPORT NO.: FCS-15-173
SUBJECT: Dangerous Dog and Potentially Dangerous Dog Designations
Appeal – DeLaat
___________________________________________________________________________
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Ms. Courtney DeLaat, wherein the Committee confirms the Dangerous
Dog Designation assigned to ‘Sampson’ and the Potentially Dangerous Dog
Designation assigned to ‘Mila’ by the Kitchener-Waterloo and North Waterloo
Humane Society, be ratified and confirmed.
BACKGROUND:
On July 31, 2015 the Kitchener-Waterloo and North Waterloo Humane Society
designated two dogs named ‘Sampson’ and ‘Mila’, owned by Ms. Courtney DeLaat, as a
Dangerous Dog and a Potentially Dangerous Dog, pursuant to City of Kitchener Dog
Designation By-law 2014-142.
On August 4, 2015 the Office of the City Clerk received correspondence from Ms.
DeLaat, appealing the Dangerous Dog Designation assigned to ‘Sampson’ and the
Potentially Dangerous Dog Designation assigned to ‘Mila’. Accordingly, on September
30, 2015 a Notice of Hearing was issued to the Appellant, (Courtney DeLaat) and the
Respondent (the Kitchener-Waterloo and North Waterloo Humane Society), advising
that on October 26, 2015 a hearing of the Dog Designation Appeal Committee would be
held to consider this matter.
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
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Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on October 26, 2015
to consider an appeal filed with the City by Ms. DeLaat, reports as follows:
The Committee considered the following:
Testimony and evidence of Ms. Panh Vang, Owner of ‘Lulu’, demonstrating that
on July 31, 2015 ‘Lulu’ was attacked and killed by ‘Sampson’ and aggressive
behaviour shown by ‘Mila’, dogs owned by Ms. DeLaat.
Testimony of Ms. Evah Vang and Mr. Tey Vang, Witnesses for the Respondent,
indicating that ‘Mila’ had shown aggression and attacked ‘Appah’, a dog owned
by Ms. E. Vang during an unreported incident in March 2015;
Testimony and evidence, including dog licenses and pictures provided on behalf
of the Respondent by Officer Jennifer Frayne, Kitchener-Waterloo and North
Waterloo Humane Society, which demonstrates that as a result of the incident of
July 31, 2015, a Dangerous Dog Designation was applied to ‘Sampson’ and a
Potentially Dangerous Dog Designation was applied to ‘Mila’.
Testimony and evidence provided by Ms. DeLaat, Appellant and Owner of
‘Sampson’ and ‘Mila’ which included a statement and pictures with children to
demonstrate the non-aggressive disposition of the dogs.
Testimony and evidence of Mr. Mike Winnie, Witness for the Appellants, and a
letter from Mr. J. Chivers describing the ‘Sampson’ and ‘Mila’ as good dogs with
non-aggressive dispositions.
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
hereby confirms
and testimony presented regarding the Designations, the Committee
the Dangerous Dog Designation applied to ‘Sampson’ and the Potentially Dangerous
Dog Designation applied to ‘Mila’ with modified conditions.
The conditions were modified to remove reference to the Designated Dogs being
permitted in a leash-free park; addition of conditions to ensure both dogs are walked
separately and under the care and control of a person of the age of 18 or older; and
recognizing that the common area in the rear of the townhouse unit where Ms. DeLaat
resides is not fenced, both dogs are required to be leashed and wearing a pinch-collar
when outside of the dwelling.
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 October 26, 2015 Hearing, were advised of the
Committee’s decision and that it would be considered at the December 14, 2015
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Council meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on October 29, 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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