HomeMy WebLinkAboutFCS-16-041 - Dangerous Dog Designation - RugeStaff Report
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REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: March 21, 2016
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519- 741 -2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: March 1, 2016
REPORT NO.: FCS -16 -041
SUBJECT: Dangerous Dog Designation Appeal — Ruge
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Alex Ruge, wherein the Committee confirms the Dangerous Dog
Designation and modifies the conditions for keeping of `Nessa' by the Kitchener -
Waterloo and North Waterloo Humane Society, be ratified and confirmed.
BACKGROUND:
On September 9, 2015, the Kitchener - Waterloo and North Waterloo Humane Society
designated `Nessa', a Border - Collie breed of dog owned by Mr. Alex Ruge, as a Dangerous
Dog, resulting from violations of the requirements for keeping `Nessa', who was formerly
designated a Potentially Dangerous Dog on March 17, 2014, pursuant to City of Kitchener
Dog Designation By -law 2014 -142. The Office of the City Clerk subsequently received
correspondence from Mr. Ruge appealing the Dangerous Dog Designation; and accordingly, a
Notice of Hearing was issued to the Appellant (Alex Ruge) and the Respondent (the Kitchener -
Waterloo and North Waterloo Humane Society).
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 February 22,
2016 to consider an appeal filed with the City by Mr. Alex Ruge, and reports as follows:
The Committee considered the following:
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• testimony provided on behalf of the Respondent by Officer Courtney Horst,
Kitchener - Waterloo and North Waterloo Humane Society, which demonstrates
`Nessa' has a pattern of running -at -large in contravention to City of Kitchener By-
law 2014 -142.
• testimony of Ms. Dianne Taylor, Witness for the Respondent, and photographic
evidence showing `Nessa' being walked without a muzzle on two separate
occasions;
• testimony of Mr. Dave Taylor, Witness for the Respondent, in support of the
Dangerous Dog Designation. Mr. Taylor expressed concern for his dog `Max' as
`Nessa' has previously shown aggression towards him;
• testimony and evidence provided by Mr. Alex Ruge, Appellant and Owner of
`Nessa', explaining extenuating circumstances that led to `Nessa' escaping
through the front door which has been rectified by a self - closing handle; and
evidence demonstrating `Nessa's non - aggressive temperament; and,
• testimony of Ms. Eunice Notargiovanni, Ms. Kairo Ruge, and Ms. Maya Ruge in
support of rescinding the Dangerous Dog Designation.
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
Dangerous Dog Designation applied to `Nessa' be confirmed with modified conditions.
The modifications to the conditions include allowing Ms. Maya Ruge and Ms. Kairo
Ruge to walk `Nessa' even though they are under the age of 16 as well as an
acknowledgement that the enclosure located on the Ruge property is satisfactory to the
Humane Society.
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 February 22, 2016 Hearing, were advised of
the Committee's decision and that it would be considered at the March 21, 2016 Council
meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondent via registered mail on March 3, 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 and Corporate Services
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