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HomeMy WebLinkAboutFCS-16-102 - Dangerous Dog Designation Appeal - Durand REPORT TO: Mayor B. Vrbanovic and Members of Council DATE OF MEETING: June 27, 2016 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Daphne Livingstone, Committee Administrator, 519-741-2200 x7275 WARD(S) INVOLVED: All DATE OF REPORT: June 9, 2016 REPORT NO.: FCS-16-102 SUBJECT: Dangerous Dog Designation Appeal – Durand ______________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Paulette Durand, wherein the Committee affirms the Dangerous Dog Designations applied to her dogs ‘Rosebud’ and ‘Joy’ and modifies the conditions for the keeping of said dogs, be ratified and confirmed. BACKGROUND: On April 1, 2016, the Kitchener-Waterloo and North Waterloo Humane Society designated ‘Rosebud’ and ‘Joy’, dogs owned by Ms. Paulette Durand, as Dangerous Dogs. The designations were applied after determining that on March 19, 2016 her dogs attacked a person without provocation in contravention to City of Kitchener By-law 2014-142 (Being a by-law with respect to the designation of Potentially Dangerous, Dangerous, Prohibited and Restricted Dogs). The Office of the City Clerk subsequently received correspondence from Ms. Durand appealing the Dangerous Dog Designations; and a Notice of Hearing was issued to 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 June 6, 2016 to consider an appeal filed with the City by Ms. Durand. In accordance to Section 37 of the By-law, the Committee proceeded with the Hearing in the absence of the Appellant after *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2. - 1 determining that notice of the appointed time was served by hand, and sufficient waiting time was provided. The Committee considered the following: testimony of Mr. Girish Shelar, Witness for the Respondent, in support of the Dangerous Dog Designations. Mr. Shelar testified that on March 19, 2016 two dogs came running at him causing him to fall and sustain a fracture to his arm while he walked to his car in the parking lot of his apartment building. A video of the incident and digital photographs were entered into evidence. testimony provided on behalf of the Respondent by Officer Courtney Horst, Kitchener-Waterloo and North Waterloo Humane Society, regarding the history of incidences with Ms. Durand and ‘Rosebud’ and ‘Joy’ which began in July 2015. She testified regarding efforts taken to work with Ms. Durand by Community Officers and the Humane Society to ensure the Dog Designation process and the implications of failing to maintain care and control of her dogs were understood. testimony provided on behalf of the Respondent by Officer Arturo Escamilla, Kitchener-Waterloo and North Waterloo Humane Society, in support of designating ‘Rosebud’ and ‘Joy’ as there were complaints of the dogs running at large and demonstrating aggressive behaviour on March 29, 2016 thereby meeting the definition of ‘Dangerous Dog’ in City of Kitchener By-law 2014-142. The Committee agreed to affirm the Dangerous Dog Designations applied to ‘Rosebud’ and ‘Joy’ and pursuant to City of Kitchener By-law 2014-142, Section 33 (c), modified the requirements for keeping the Dangerous Dogs. The modifications acknowledge the Appellant’s residence is in a multi-unit apartment building with a common backyard; and accordingly, conditions requiring a fence or pen have been removed. The remaining conditions were not changed from the Designations and the Committee emphasized the importance of the requirements for the dogs to be muzzled and leashed at all times when outside the residence of the owner, and to be microchipped and sterilized. The Committee hereby recommends that Council affirm the Dangerous Dog Designations and assign the following modified requirements for the keeping of ‘Rosebud’ and ‘Joy’: The owner shall: ensure that all conditions pertaining to the dogs when they are off the (a) property of the owner including any leashing and muzzling requirements are complied with in any City Off- Leash Park unless specified otherwise in this designation; ensure that the animal services provider is provided with the new address and (b) telephone number of the owner within two working days of moving the designated dogs; provide the animal services provider with the name, address and telephone (c) number of the new owner within two working days of selling or giving away the designated dogs; 2. - 2 advise the animal services provider within two working days of the death of (d) the designated dogs; advise the animal services provider forthwith if the designated dogs run at (e) large or have bitten or attacked any person or animal; provide a copy of this designation to any person who keeps or harbours the (f) designated dogs; provide a copy of this designation to any veterinarian treating the designated (g) dogs and within the veterinarian’s premises shall be exempt from the requirements of this designation to the extent necessary to secure veterinary treatment for the dogs at the discretion of the veterinarian; ensure that the designated dogs have a current City dog licence; (h) ensure that the designated dogs wear the tag or tags provided by the animal (i) services provider at all times and shall pay the reasonable cost for such tag or tags; ensure that the designated dogs are kept, when they are on the lands (j) and premises of the owner, confined: within the dwelling; a. when outside of the dwelling, under the effective control of a person of b. at least sixteen years of age and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider, and, where the dogs are required to wear a muzzle off their property by this designation shall also wear a muzzle when confined; ensure that the designated dogs wear a securely attached muzzle that is (k) satisfactory to the animal services provider at all times when they are off the owner’s property and not caged or otherwise penned or confined to the satisfaction of the animal service provider. ensure that the warning sign or signs provided by the animal services (l) provider are displayed at the entrance to the owner’s dwelling which a person would normally approach and at any other place on the property as directed by the animal services provider. The sign(s) shall be posted in such a manner that it/they cannot be easily removed by passersby and the sign posted at the entrance which a person would normally approach must be clearly visible to a person approaching the entrance, or, when in a multiple unit dwelling, the owner will provide the name of the property owner and property manager if any and allow the animal services provider to request that person to post a sign or signs; ensure that the designated dogs are sterilized and shall provide proof (m) satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; ensure that the designated dogs are microchipped by a licensed veterinarian (n) and supply the microchip information to the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. 2. - 3 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 service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM - All those in attendance at the June 6, 2016 Hearing, were advised of the Committee’s decision and that it would be considered at the June 27, 2016 Council meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail on June 9, 2016; thereby, providing notification 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 2. - 4