HomeMy WebLinkAboutFCS-16-087 - Dog Designation - Jayatillake
REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: June 6, 2016
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519-741-2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: April 26, 2016
REPORT NO.: FCS-16-087
SUBJECT: Prohibited Dog Designation Appeal – Jayatillake
___________________________________________________________________________
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
rescinds the Prohibited Dog Designation applied to their dog ‘Dozer’ by the
Kitchener-Waterloo and North Waterloo Humane Society and confirms the
original Dangerous Dog Designation applied on July 14, 2016 with modified
conditions, be ratified and confirmed.
BACKGROUND:
At the meeting of February 22, 2016, Council considered Finance and Corporate
Services Department report FCS-16-021 - Recommendation from the Dog Designation
Appeal Committee for Jayatillake, dated January 26, 2016 and the following resolution
was passed:
be referred to the April 25, 2016 Dog
“That consideration of the following
Designation Appeal Committee Hearing
, to allow an opportunity for the
Appellant to present new information that was not considered when this matter
was originally heard:
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.”
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Accordingly, on March 24, 2016 a Notice of Hearing was issued to the Appellants
(Mithra Jayatillake and Doreen Jayatillake) and the Respondent (the Kitchener-Waterloo
and North Waterloo Humane Society), advising that on April 25, 2016 a hearing of the
Dog Designation Appeal Committee would be held to consider new evidence related to
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 April 25, 2016 to
consider new evidence related to the appeal filed with the City by Mr. Mithra Jayatillake
and Ms. Doreen Jayatillake, and reports:
The following evidence and testimony were considered by the Committee:
Testimony from Ms. Himali Jayatillake advising that during the initial hearing of
January 25, 2016, important facts regarding the illness ‘Dozer’ had sustained
were not provided. She explained at the time of the incident that resulted in the
Dangerous Dog designation being applied, ‘Dozer’ was suffering from an
extremely painful condition called Anal Gland Furunculosis, which is what
influenced ‘Dozer’s mood and behaviour and is the reason he bit the neighbour’s
hand. She testified regarding the recommendation to uphold the Prohibited
Designation stating that as devout Buddhists, they cannot simply hand over their
dog to the Humane Society to be euthanized. They cannot support life being
taken from any living being and would consider rehoming ‘Dozer’ as a last option.
New evidence submitted included a statement prepared by Ms. H. Jayatillake
describing a plan to install a board-on-board fenced area located directly off the
residence and an indication that while the fence is constructed, a willingness to
board ‘Dozer’ as an interim measure.
Additional new evidence submitted contained ‘Dozer’s’ medical information,
quotes from three fencing companies, pictures of the Jayatillake family with
various other pets, and the Designation history of ‘Dozer’ which was considered
by the Committee.
In addition, the Committee reviewed and considered the provisions of City of Kitchener
Municipal By-law 2014-142 and recommends that having considered the new evidence
and exhibits presented regarding the Designation; the Committee recommends that the
Prohibited Dog Designation applied to ‘Dozer’ be rescinded the original Dangerous Dog
Designation applied on July 14, 2016 be confirmed with modified conditions. The
modified conditions include: a requirement for a board-on-board fence with locking
gates to be constructed by June 30, 2016; a requirement for ‘Dozer’ to be walked out of
the vicinity of the neighbours; and an additional requirement to ensure ‘Dozer’ is under
the control of Ms. H. Jayatillake when off the property or being taken to a vehicle for
transport.
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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 April 25, 2016 Hearing were advised of the
Committee’s decision and that it would be considered at the June 6, 2016 Council
meeting. In addition, a Notice of Decision was served on April 28, 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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