HomeMy WebLinkAboutFCS-16-006 - Dangerous Dog Designation - SweeneyStaff Report
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REPORT TO: Mayor B. Vrbanovic and Members of Council
DATE OF MEETING: January 25, 2016
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Daphne Livingstone, Committee Administrator,
519- 741 -2200 x7275
WARD(S) INVOLVED: All
DATE OF REPORT: December 30, 2015
REPORT NO.: FCS -16 -006
SUBJECT: Potentially Dangerous Dog Designation Appeal — Sweeney
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal
filed by Mr. Tim Sweeney, wherein the Committee confirms the Potentially
Dangerous Dog Designation and modifies the conditions for keeping of `Guiness'
by the Kitchener - Waterloo and North Waterloo Humane Society, be ratified and
confirmed.
BACKGROUND:
On September 23, 2015 the Kitchener - Waterloo and North Waterloo Humane Society
designated a dog named `Guiness', owned by Mr. Tim Sweeney, as a Potentially
Dangerous Dog, pursuant to City of Kitchener Dog Designation By -law 2014 -142.
On September 29, 2015 the Office of the City Clerk received correspondence from Mr.
Sweeney, appealing the Potentially Dangerous Dog Designation assigned to his dog
`Guiness', a German Shepherd breed of dog. Accordingly, on November 24, 2015 a
Notice of Hearing was issued to the Appellant, (Tim Sweeney) and the Respondent (the
Kitchener - Waterloo and North Waterloo Humane Society), advising that on December
14, 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
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Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on December 14,
2015 to consider an appeal filed with the City by Mr. Sweeney, 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 on two separate incidents, `Guiness' was found to be running at
large and attacked other dogs. Testimony of the Officer indicated a designation
of "potentially dangerous dog" was applied as the incidents were not severe
enough to warrant a more serious designation under the City of Kitchener By -law
2014 -142.
• testimony of Ms. Judith Nakluski, Witness for the Respondent, and photographic
evidence showing a puncture wound resulting from unprovoked aggression by
`Guiness' resulting in a bite to her dog while she was walking him;
• testimony of Ms. Reni Handley, Witness for the Respondent, and photographic
evidence showing a puncture wound to her dog resulting from unprovoked
aggression by `Guiness' in 2014;
• testimony of Mr. Tim Sweeney, Appellant and Owner of `Guiness', explaining that
both incidents were a result of a visitor leaving the gate to the rear -yard
unsecured, which allowed `Guiness' to run free. He explained the first incident
was prior to having formally adopting `Guiness'. He assured the Committee that
his training by the National Service Dog Association, as well as locking gates and
the use of a pinch collar, should ensure future incidents would not occur.
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 hereby confirms the
Potentially Dangerous Dog Designation applied to `Guiness' with modified conditions.
The modifications to the conditions include: removal of the requirement for a muzzle, as
the designated dog is kept outdoors all of the time and the incidents in question resulted
from `Guiness' being mistakenly let outside of the yard by a visitor to the residence; the
Committee recommended locked and secured gates to prevent running at large; and,
an additional condition to ensure `Guiness' is only walked by his Owner, Mr. Sweeney,
and under the control of a leash and pinch collar.
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 December 14, 2015 Hearing, were advised of
the Committee's decision and that it would be considered at the January 25, 2016
Council meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on December 30, 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, DCAO, Finance & Corporate Services