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Home My WebLink AboutFCS-17-071 - Dog Designation Appeal Committee - Kelly REPORT TO: Committee of the Whole DATE OF MEETING: April 24, 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 30, 2017 REPORT NO.: FCS-17-071 SUBJECT: Dangerous Dog Designation Appeal - Kelly ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Chris Kelly, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog ‘Mack’ by the Kitchener-Waterloo and North Waterloo Humane Society and assigns the Designation of Potentially Dangerous along with conditions for keeping of said dog, be ratified and confirmed. BACKGROUND: On December 2, 2016 the Kitchener-Waterloo and North Waterloo Humane Society designated a dog named ‘Mack’, owned by Chris Kelly, as a Dangerous Dog, pursuant to City of Kitchener Dog Designation By-law 2014-142. On March 20, 2017 the Office of the City Clerk received correspondence from Chris Kelly, appealing the Dangerous Dog Designation assigned to his dog ‘Mack’. Accordingly, on December 28, 2016 a Notice of Hearing was issued to the Appellant, (Chris Kelly) and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society), advising on January 30, 2017 a hearing of the Dog Designation Appeal Committee would be held to consider this matter. The Committee was requested to adjourn the matter as one of the Respondents witnesses was unable to attend that date. The hearing was rescheduled for the Dog Designation Appeal Committee on March 20, 2017 to consider the matter. REPORT: On March 20, 2017, the Dog Designation Appeal Committee considered the evidence and exhibits related to an incident resulting in the Dangerous Dog Designation applied to ‘Mack’. Having considered the testimony and exhibits presented on behalf of the Respondent by Mr. Arturo Escamilla, Animal Protection Officer for the Animal Welfare Agency South Central Ontario; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2. - 1 as well as the testimony and evidence presented by Mr. Timothy Sokolan, Witnesses for the Respondent; and, having reviewed the evidence and testimony submitted by Mr. Chris Kelly, Appellant and Mr. Mark Simard, Witness for the Appellant; the Committee hereby substitutes the designation of Dangerous Dog applied to ‘Mack’, and assigns to ‘Mack’ a designation of Potentially Dangerous; and, pursuant to By-law 2017-142 assigns the following conditions for the keeping of said Potentially Dangerous Dog: That the owner shall: (a) The owner shall ensure that all conditions pertaining to the dog when it is off the 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; (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. the dog shall never be located in the front yard without adult supervision and shall always be secured on a 1.8 meters (6 feet) leash or a cable having a maximum length of 2.44 (8 feet); c. the dog can be located in the enclosed deck area without supervision once the gate has been increased to the same height as the deck fencing and must be secured on either a 1.8 meters (6 feet) leash or a cable having a maximum length of 2.44 (8 feet); (k) the owner shall ensure that the designated dog is kept caged, penned, or under the control of a person of at least eighteen (18) 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 under the supervision of an adult who is at least eighteen (18) years of age when any person who does not habitually reside in the owner’s dwelling is present; (m) the owner shall ensure that the designated dog is kept under the effective control of a person of at least eighteen (18) years of age and under leash, such leash not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, at all times when the designated dog is off the owner’s property and not caged or otherwise 2. - 2 penned or confined to the satisfaction of the animal services provider; (n) 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 off the owner’s property. (o) 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. (p) the owner shall ensure that the designated dog is microchipped by a licensed veterinarian 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. 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 March 20, 2017 Hearing, were advised of the Committee’s decision and that it would be considered at the April 24, 2017 Council meeting. In addition, a Notice of Decision was served on the Appellant and the Respondents via registered mail on March 22, 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. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services 2. - 3