HomeMy WebLinkAboutFCS-16-021 - Dog Designation Appeal - Jayatillake
REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: February 22, 2016
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: January 25, 2016
REPORT NO.: FCS-16-021
SUBJECT: Prohibited Dog Designation Appeal – Jayatillake
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RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Mithra Jayatillake and Ms. Doreen Jayatillake, wherein the Committee
affirms the Prohibited Dog Designation applied to their dog ‘Dozer’ by the
Kitchener-Waterloo and North Waterloo Humane Society, be ratified and
confirmed.
BACKGROUND:
On July 14, 2015, the Kitchener-Waterloo and North Waterloo Humane Society
designated a dog named ‘Dozer’, owned by Mr. Mithra Jayatillake and Ms. Doreen
Jayatillake, as a Dangerous Dog due to an incident whereby the dog bit a person in the
absence of a mitigating factor. The Dangerous Dog designation was not appealed and
was therefore upheld with conditions assigned for keeping of the dog: including the
requirement to be leashed, muzzled and under the control of the owner at all times
when outside of the dwelling.
On November 2, 2015 the Kitchener-Waterloo and North Waterloo Humane Society
designated ‘Dozer’, as a Prohibited Dog, pursuant to City of Kitchener Dog Designation
By-law 2014-142; which defines a prohibited dog as “a dog, previously designated as a
dangerous dog that is kept or permitted to be kept by its owner in violation of the
requirements for keeping such dog.” On November 4, 2015, the Office of the City Clerk
received correspondence from the dog owner, appealing the Prohibited Dog
Designation assigned to their dog ‘Dozer’, a Labrador/Victorian Bulldog breed of dog.
Accordingly, on January 4, 2016 a Notice of Hearing was issued to the Appellants,
(Mithra Jayatillake and Doreen Jayatillake) and the Respondent (the Kitchener-Waterloo
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and North Waterloo Humane Society), advising that on January 25, 2016 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 January 25, 2016
to consider an appeal filed with the City by Mr. Mithra Jayatillake and Ms. Doreen
Jayatillake, and reports as follows:
The Committee considered the following:
evidence and testimony provided on behalf of the Respondent by Officer Arturo
Escamilla, Kitchener-Waterloo and North Waterloo Humane Society, which
demonstrates that on July 14, 2015 ‘Dozer’ bit Ms. Donna Cybulskie, thereby
establishes reasons for the dog being designated as a “dangerous dog”.
Additional testimony was provided regarding complaints received by the Humane
Society indicating ‘Dozer’ was being kept in violation of the conditions for a
Dangerous Dog, which resulted in the Prohibited Designation being applied on
November 2, 2015;
testimony and photographic evidence provided by Ms. Donna Cybulskie, witness
for the Respondent, in support of the Dangerous Dog Designation issued on July
14, 2015, demonstrating the severity of the bite she sustained to her finger.
Additional testimony was provided in support of the Prohibited Designation, citing
two incidences of ‘Dozer’ being in violation of conditions of the Dangerous Dog
Designation due to running at large;
testimony provided by Mr. Brian Cybulskie in support of the Prohibited Dog
Designation explaining that on November 22, 2015 he witnessed ‘Dozer’ running
at large without a muzzle or leash;
testimony provided Ms. Lynn Zinc, and Mr. Guy Zinc, witnesses for the
Respondent in support of the Prohibited Dog Designation, indicating on October
26, 2015 ‘Dozer’ demonstrated aggression towards another dog and was not in
the owner’s control; and,
testimony provided by Mr. M. Jayatillake, Ms. D. Jayatillake, and Ms. H.
Jayatillake, Appellants and Owners of ‘Dozer’ in opposition to the Prohibited Dog
Designation. They outlined the efforts taken to ensure compliance with the
conditions of the Dangerous Dog Designation; such as purchasing a muzzle a
gentle leader and requiring the dog to wear these items when outside. Additional
testimony was provided explaining on October 26, 2015, Ms. D. Jayatillake
accidently let go of the leash while ‘Dozer’ was muzzled and he ran over to
another dog; and, on November 22, 2015 ‘Dozer’ got free from his Gentle Leader
and muzzle by rubbing it in the snow and ran to the front of the neighbours’
home. It was on this date where ‘Dozer’ was seen by Mr. and Ms. Cybulskie,
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resulting in the Prohibited Dog Designation being applied by the Humane
Society.
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; the Committee recommends that the
be affirmed
Prohibited Dog Designation applied to ‘Dozer’ .
Following the ratification of the Committee’s decision by Kitchener City Council, the
owner is required to deliver the Prohibited Dog, ‘Dozer’, to the Kitchener-Waterloo
Humane Society or provide proof satisfactory to the Poundkeeper that the dog has been
removed from the City of Kitchener.
While the Prohibited Dog remains in the City of Kitchener, it is required to be on a leash
no longer than 1.82 metres (6 feet), muzzled and in the effective control of an adult
person at all times when outside of the owner’s 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 January 25, 2016 Hearing, were advised of the
Committee’s decision and that it would be considered at the February 22, 2016 Council
meeting. In addition, a Notice of Decision was served on the Appellants and the
Respondent via registered mail on February 5, 2016; 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, DCAO, Finance & Corporate Services
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