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Home My WebLink AboutFCS-16-147- Potentially Dangerous Dog Appeal - Estrada REPORT TO: Mayor B. Vrbanovic and Members of Council DATE OF MEETING: September 26, 2016 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Daphne Livingstone, Committee Administrator, 519-741-2200 x7275 WARD(S) INVOLVED: All DATE OF REPORT: September 8, 2016 REPORT NO.: FCS-16-147 SUBJECT: Potentially Dangerous Dog Designation Appeal – Estrada ______________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. B. Estrada, Ms. C. Estrada and Mr. E. Estrada, wherein the Committee confirms the Potentially Dangerous Dog Designation applied to their dog ‘Dolce’ and modifies the conditions for the keeping of said dog, be ratified and confirmed. BACKGROUND: On May 24, 2016, the Animal Welfare Agency of South Central Ontario (formerly the Kitchener-Waterloo and North Waterloo Humane Society) designated ‘Dolce’, a dog owned by Ms. Blanca Estrada, Ms. Christina Estrada and Mr. Eduardo Estrada, as a Potentially Dangerous Dog. The Designation was applied after determining that their dog, in the absence of any mitigating factor, had acted in a menacing fashion or apparent attitude of attack 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. Blanca Estrada, Ms. Christina Estrada and Mr. Eduardo Estrada appealing the Potentially Dangerous Dog Designation; and a Notice of Hearing was issued to the Respondent (the Animal Welfare Agency of South Central Ontario). 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 held a hearing on August *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2. - 1 29, 2016 to consider an appeal filed with the City by Ms. Blanca Estrada, Ms. Christina Estrada and Mr. Eduardo Estrada regarding the Potentially Dangerous Dog Designation applied to their dog, ‘Dolce’. The Committee considered the following: testimony of Ms. Chivan Petek, Witness for the Respondent, stating while she was in her residence, located in the basement unit of an apartment building, ‘Dolce’ attempted to come through the window of her bedroom growling and snarling trying to engage her dog which was also in the bedroom. ‘Dolce’ was described as a brown and white American Bulldog mix. She testified in support of the Potentially Dangerous Dog Designation indicating her fear of ‘Dolce’ due to his aggressive and menacing behaviour; testimony provided on behalf of the Respondent by Officer Courtney Horst, Animal Welfare Agency of South Central Ontario, describing past incidents which demonstrate ‘Dolce’ has a pattern of aggression in contravention to City of Kitchener By-law 2014-142; further testimony and evidence from Officer Horst demonstrating the owners of ‘Dolce’ have not been muzzling the dog as was agreed to in a signed muzzling agreement after an incident with another dog in September of 2015; testimony and video evidence provided by Ms. Christina Estrada, Appellant and Owner of ‘Dolce’, in opposition to the Potentially Dangerous Dog Designation including a written witness statement from a neighbour stating both dogs owned by the Estrada family are leashed and muzzled, and in care and control by the owners, whenever she has seen them; testimony of Mr. Eduardo Estrada, Appellant and Dog Owner, in opposition to the Designation stating ‘Dolce’ is not aggressive and gets along well with other dogs and people. testimony of Ms. Shelley Lahey, Witness for the Appellant, in opposition to the Designation stating she has never known ‘Dolce’ to demonstrate aggression towards other dogs or people. 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 incidents, the Potentially Dangerous Dog be confirmed Designation applied to ‘Dolce’ with modified conditions. The modifications to the conditions for keeping of the Potentially Dangerous Dog include specific reference to ensure ‘Dolce’ is harnessed, as well as leashed and muzzled, anytime the Designated dog is outside of the residential unit. The conditions are also modified to acknowledge ‘Dolce’ is only to be residing in the apartment building until October 1, 2016, as the Appellants are moving to a semi-detached home; thereby meeting the condition to ensure the designated dog is not kept or harboured in a multi- residential building. 2. - 2 The Committee hereby recommends that the Potentially Dangerous Dog Designation be upheld with the following modified requirements for keeping of the dog: (a) the owner shall ensure that all conditions pertaining to the dog when it is off the property of the owner including any leashing requirements are complied with in any City Off-Leash Park unless specified otherwise in this designation; (b) the owner shall ensure that the animal services provider is provided with the new address and telephone number of the owner within two working days of moving the designated dog; (c) the owner shall provide the animal services provider with the name, address and telephone number of the new owner within two working days of selling or giving away the designated dog; (d) the owner shall advise the animal services provider within two working days of the death of the designated dog; (e) the owner shall advise the animal services provider forthwith if the designated dog runs at large or has bitten or attacked any person or animal; (f) the owner shall provide a copy of this designation to any person who keeps or harbours the designated dog; (g) the owner shall provide a copy of this designation to any veterinarian treating the designated dog 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 dog at the discretion of the veterinarian; (h) the owner shall ensure that the designated dog has a current City dog licence; (i) the owner shall ensure that the designated dog wears the tag or tags provided by the animal services provider at all times and shall pay the reasonable cost for such tag or tags; (j) the owner shall ensure that the designated dog is kept, when it is on the lands and premises of the owner, confined: a. within the dwelling; b. in an outdoor pen that is both secure and provides humane shelter to the satisfaction of the animal services provider; c. in an area with a secure, adequate fence and locked gates to the 2. - 3 satisfaction of the animal services provider however the animal services provider may refuse to approve any fenced area if, in the sole discretion of the animal services provider, a fenced area would provide insufficient protection to members of the public including unsupervised children who my wander into the area; or d. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), under the exclusive and effective harness and leash control of the Owner, under not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider; and, where the dog is required to where a muzzle when outside of the residential dwelling by this designation shall also wear a muzzle when confined in accordance with this subsection (d); (k) the owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen who does not habitually reside in the owner’s dwelling is present; (l) the owner shall ensure that the designated dog is kept under the effective control harness and leash of a person of a least sixteen years of age and under , such leash not to exceed1.8 metres (6 feet) in length and to be approved by the animal service provider, at all times when the designated dog is outside of the residential dwelling and not caged or otherwise penned or confined to the satisfaction of the animal service provider; (m)the owner shall ensure that the designated dog wears a securely attached muzzle that is satisfactory to the animal services provider at all times when it is outside of the residential dwelling and not caged or otherwise penned or confined to the satisfaction of the animal service provider. (n) the owner shall ensure that the warning sign or signs provided by the animal services 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; (o) the owner shall ensure that the designated dog is sterilized and shall provide 2. - 4 proof satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; (p) the owner shall ensure that the designated dog is not kept or harboured in a after October 1, 2016, multiple unit dwelling or lodging house, and where the owner’s current dwelling is a multiple unit dwelling or lodging house the dog may be kept or harboured at other premises subject to all the conditions imposed on the keeping of the dog pursuant to this designation. 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 August 29, 2016 Hearing, were advised of the Committee’s decision and that it would be considered at the September 26, 2016 Council meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail on September 6, 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. - 5