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HomeMy WebLinkAboutFCS-17-196 - Dangerous Dog Designation Appeal - Bell and Yorke REPORT TO: Committee of the Whole DATE OF MEETING: November 6, 2017 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Dianna Saunderson, Committee Administrator, 519-741-2200, ext. 7277 WARD(S) INVOLVED: All DATE OF REPORT: November 20, 2017 REPORT NO.: FCS-17-196 SUBJECT: Dangerous Dog Designation Appeal – Bell and Yorke ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Megan Bell and Mr. Daniel Yorke, wherein the Committee affirms the Dangerous Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed. BACKGROUND: On September 7, 2017, the Animal Welfare Agency South Central Ontario designated ‘Duke’, owned by Ms. Megan Bell and Mr. Daniel Yorke, as a Dangerous Dog. The designation was applied after determining on September 6, 2017 ‘Duke’ 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). On September 15, 2017 the Office of the City Clerk subsequently received correspondence from Ms. Bell appealing the Dangerous Dog Designation assigned to her dog ‘Duke’. Accordingly, on September 26, 2017, a Notice of Hearing was issued to the Appellants (Megan Bell and Daniel Yorke) and the Respondent (Animal Welfare Agency South Central Ontario), advising on October 16, 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 Respondent’s witnesses was unable to attend that date. On October 16, 2017, a Notice of Hearing was issued to the Appellants and Respondent, advising the hearing was rescheduled for the Dog Designation Appeal Committee on November 6, 2017 to consider the matter. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 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, sat on November 6, 2017 to consider an appeal filed with the City by Ms. Megan Bell and Mr. Daniel Yorke. On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the Dangerous Dog Designation applied to ‘Duke’. Having considered the testimony presented on behalf of the Respondent by Courtney Horst, Animal Protection Officer for the Animal Welfare Agency South Central Ontario; as well as the testimony and evidence presented by Mr. Adam Spylo, Mr. Andrew Spylo, and Mr. Mike Dozoris, Witnesses for the Respondent; and, having reviewed the evidence and testimony submitted by Ms. Megan Bell and Mr. Daniel Yorke, Appellants; the Committee confirmed the designation of Dangerous Dog applied to ‘Duke’ and assigned the following conditions for the keeping of said Dangerous Dog: That the owners, for the purposes of this designation be known as Ms. Megan Bell and Mr. Daniel Yorke, shall comply with the following requirements: (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; 2 - 2 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); d. when outside of the dwelling and the approved pen or fenced area contemplated by subsections (b) and (c), 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 metres (6 feet) in length and to be approved by the animal services provider, and, where the dog is required to wear a muzzle off its property 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 wears a securely attached muzzle when outside of the owner’s personal unit that is satisfactory to the animal services provider at all times and not caged or otherwise penned or confined to the satisfaction of the animal service provider. (l) 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 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 the property manager if any and allow the animal services provider to request that person to post a sign or signs; (m) 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; save and except for Mr. Daniel Yorke’s son alone. (n) the owner shall be prohibited from keeping or harbouring the designated dog in a lodging house. (o) the owner is permitted to keep or harbour the designated dog in a multiple unit dwelling, that is not a lodging house, subject to the satisfaction of the animal service provider. 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. 2 - 3 COMMUNITY ENGAGEMENT: INFORM - All those in attendance at the November 6, 2017 Hearing, were advised of the Committee’s decision and that it would be considered at the December 11, 2017 Council meeting. In addition, a Notice of Decision was served on the Appellant and the Respondents via registered mail on November 8, 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: M. Goldrup, Acting DCAO, Finance and Corporate Services Department 2 - 4