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Home My WebLink AboutFCS-18-013 - Dangerous Dog Designation Appeal - Proulx REPORT TO: Committee of the Whole DATE OF MEETING: February 26, 2018 SUBMITTED BY: Dog Designation Appeal Committee PREPARED BY: Jaclyn Rodrigues, Committee Administrator, 519-741-2200 x 7275 WARD(S) INVOLVED: All DATE OF REPORT: February 12, 2018 REPORT NO.: FCS-18-013 SUBJECT:Dangerous Dog Designation Appeal – Proulx ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Robert Proulx, wherein the Committee affirms the Dangerous Dog Designation and modifies the conditions for the keeping of said dog, be ratified and confirmed. BACKGROUND: On December 13, 2017 the Animal Welfare Agency South Central Ontario designated ‘Heart’, a dog owned by Mr. Robert Proulx, as a Dangerous Dog. The designation was applied after determining that on December 6, 2017 ‘Heart’ did attack a dog and its owner 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 December 14, 2017, the Office of the City Clerk subsequently received correspondence from Mr. Robert Proulx appealing the Dangerous Dog Designation; and a Notice of Hearing was issued to the Respondent and Appellant (the Animal Welfare Agency South Central Ontario), advising on January 29, 2018 a hearing of the Dog Designation Appeal Committee would be held to consider the 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, sat on January 29, 2018 to consider an appeal filed with the City by Mr. Robert Proulx. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the Dangerous Dog Designation applied to ‘Heart’. Having considered the testimony presented on behalf of the Respondent by Gary Boes, Animal Protection Officer for the Animal Welfare Agency South Central Ontario; as well as the testimony and evidence presented by Mr. David Lee and Ms. Kim Williams, Witnesses for the Respondent; and, having reviewed the evidence and testimony submitted by Mr. Robert Proulx, Apellant; the Committee confirmed the designation of Dangerous Dog applied to ‘Heart’ and assigned the following conditions for the keeping of said Dangerous Dog: That the owners, for the purposes of this designation be known as Mr. Robert Proulx, shall comply with the following requirements: (a)The owner shall ensure that all conditions pertaining to the dog when it is outside of the owner’s personal unit 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, and that the animal services provider may re- inspect at the new location anything already described j. a); (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 any 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 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.in an area with a secure and adequate fence to the 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 may wander in to the 2 - 2 area; or b.when outside of the dwelling the designated dog must be under the effective control of the owner or a professional dog handler, to be approved by the animal services provider, by leash, such leash is not to exceed 1.8 meters (6 feet) in length and to be approved by the animal services provider, and, where the dog is required to wear a muzzle, body harness, and pinch collar off its property by this designation shall also wear a muzzle, body harness, and pinch collar outside of the owner’s personal unit in accordance with subsection (d). c.the owner shall ensure that the designated dog is kept under the effective control of the owner or a professional dog handler, to be approved by the animal services provider, by 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 outside of owner’s personal unit and not caged or otherwise penned or confined to the satisfaction of the animal services provider; d.the owner shall ensure that the designated dog wears a securely attached muzzle, body harness, and pinch collar that is satisfactory to the animal services provider at all times when it is outside of the owner’s personal unit and not caged or otherwise penned or confined to the satisfaction of the animal services provider; e.the owner shall ensure that the designated dog is sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; f.the owner shall ensure that the warning sign or signs provided by the animal services provider are displayed at the entrance of 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. 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 January 29, 2018 Hearing, were advised of the Committee’s decision and that it would be considered at the February 26, 2018 Council 2 - 3 meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via registered mail on February 1, 2018; 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: Lesley MacDonald, Acting DCAO, FCS Department 2 - 4