HomeMy WebLinkAboutFCS-17-050 - Dog Designation Appeal - Ruge
REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2017
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Dianna Saunderson, Committee Administrator,
519-741-2200 x 7277
WARD(S) INVOLVED: All
DATE OF REPORT: March 1, 2017
REPORT NO.: FCS-17-050
SUBJECT: Prohibited 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 Prohibited Dog
Designation applied to his dog ‘Nessa’ by the Kitchener-Waterloo and North
Waterloo Humane Society with an extension of 30 days from the date of
ratification to relocate or surrender the dog, be ratified and confirmed.
BACKGROUND:
On January 9, 2017 the Kitchener-Waterloo and North Waterloo Humane Society designated a
dog named ‘Nessa’, owned by Alex Ruge, as a Prohibited Dog, pursuant to City of Kitchener
Dog Designation By-law 2014-142.
On January 23, 2017 the Office of the City Clerk received correspondence from Alex Ruge,
appealing the Prohibited Dog Designation assigned to his dog ‘Nessa’. Accordingly, on January
31, 2017 a Notice of Hearing was issued to the Appellant, (Alex Ruge) and the Respondent (the
Kitchener-Waterloo and North Waterloo Humane Society), advising that on February 27, 2017 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
Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on February 27,
2017 to consider an appeal filed with the City by Alex Ruge, reports as follows:
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The Committee considered the following:
Testimony and evidence of Ms. Diane Taylor, demonstrating on three separate
occasions March 21, 2016, December 29, 2016 and December 30, 2016 when
‘Nessa’ was found to be running at-large.
Testimony of Mr. David Taylor, demonstrating on three separate occasions May
6, 2016, December 29, 2016 and December 30, 2016 where ‘Nessa’ was running
at-large.
Testimony and evidence on behalf of the Respondent by Officer Courtney Horst,
Kitchener-Waterloo and North Waterloo Humane Society, which demonstrates
that as a result of the dog being found to be running at-large on several
occasions that the Prohibited Dog Designation was applied to ‘Nessa’.
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 testimony presented regarding the Designation, the Committee hereby confirms
the Dangerous Dog Designation applied to ‘Nessa’ with an extension of 30 days to allow
the appellant additional opportunity to relocate ‘Nessa’ or surrender her to the
Kitchener-Waterloo and North Waterloo 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 service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM - All those in attendance at the February 27, 2017 Hearing, were advised of
the Committee’s decision and that it would be considered at the March 20, 2017 Council
meeting. In addition, a Notice of Decision was served on the Appellant and the
Respondents via registered mail on February 28, 2017; thereby, further notifying both
parties of when the Committee’s decision would be considered by Council and the
process for registering as a delegation.
PREVIOUS CONSIDERATION OF THIS MATTER:
FCS-14-076 – Dangerous Dog Designation Appeal - Ruge
FCS-16-041 – Dangerous Dog Designation Appeal – Ruge
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services
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