HomeMy WebLinkAboutFCS-15-174 - Potentially Dangerous Dog Designation Appeal - Popescu
REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: December 14, 2015
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: November 13, 2015
REPORT NO.: FCS-15-174
SUBJECT: Potentially Dangerous Dog Designation Appeal – Popescu
___________________________________________________________________________
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Ms. Lucia Popescu, wherein the Committee confirms the Potentially
Dangerous Dog Designation applied to her dog ‘Oli’ by the Kitchener-Waterloo
and North Waterloo Humane Society, be ratified and confirmed.
BACKGROUND:
On August 11, 2015 the Kitchener-Waterloo and North Waterloo Humane Society
designated a dog named ‘Oli’, owned by Ms. Lucia Popescu, as a Potentially
Dangerous Dog, pursuant to City of Kitchener Dog Designation By-law 2014-142.
On August 17, 2015 the Office of the City Clerk received correspondence from Ms.
Popescu, appealing the Potentially Dangerous Dog Designation assigned to her dog
‘Oli’, a Pomeranian breed of dog. Accordingly, on October 1, 2015 a Notice of Hearing
was issued to the Appellant, (Lucia Popescu) 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
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. Popescu, reports as follows:
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The Committee considered the following:
evidence and testimony provided on behalf of the Respondent by former Officer
Shawn Dekker, Kitchener-Waterloo and North Waterloo Humane Society, which
demonstrates that on July 24, 2015 ‘Oli’ acted in a menacing fashion or apparent
attitude of attack, thereby meeting the definition of “potentially dangerous dog” in
City of Kitchener By-law 2014-142.
testimony and photographic evidence provided by Ms. Sandra MacDougall,
witness for the Respondent, demonstrating unprovoked aggression by ‘Oli’ while
she was walking in front of the Appellant’s home on Colebrook Court, resulting in
an injury to her leg;
evidence and testimony of Ms. Popescu, Appellant and Owner of ‘Oli’ explaining
that ‘Oli’ was tethered to a tree with an extended lead which allowed him to reach
past the sidewalk and make contact with Ms. MacDougall;
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 exhibits presented regarding the Designation; the Committee the
Potentially Dangerous Dog Designation applied to ‘Oli’ with modified conditions. The
modifications to the conditions include removal of the requirement for a pen as the
property is fully fenced; and addition of the condition to ensure ‘Oli’ is leashed when
being put into a vehicle as well as the requirement to ensure the lead does not reach
the sidewalk when tethered in the front yard.
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
Council meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on October 9, 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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