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Home My WebLink AboutFCS-18-025 - Dangerous Dog Designation Appeal - Alderton & Knapp (Remy)REPORT TO: Committee of the Whole DATE OF MEETING: March 19, 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: March 8, 2018 REPORT NO.: FCS-18-025 SUBJECT:Dangerous Dog Designation Appeal – Alderton and Knapp ___________________________________________________________________________ RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Chelsey Alderton and Mr. Ryan Knapp, wherein the Committee substitutes the Dangerous Dog Designation applied to their dog ‘Remy’ by the Animal Welfare Agency South Central Ontario and assigns the Designation of Potentially Dangerous along with conditions for keeping of said dog, be ratified and confirmed. BACKGROUND: On January 8, 2018 the Animal Welfare Agency South Central Ontario designated ‘Remy’, a dog owned by Ms. Chelsey Alderton and Mr. Ryan Knapp, as a Dangerous Dog. The designation was applied after determining that on December 3, 2017 ‘Remy’ did attack 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 January 11, 2018, the Office of the City Clerk subsequently received correspondence from Ms. Chelsey Alderton 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 February 26, 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sat on February 26, 2018 to consider an appeal filed with the City by Ms. Chelsey Alderton and Mr. Ryan Knapp. On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the Dangerous Dog Designation applied to ‘Remy’. Having considered the testimony presented on behalf of the Respondent by Daniel Hahn, Animal Protection Officer for the Animal Welfare Agency South Central Ontario; as well as the testimony and evidence presented by Ms. Chelsey Alderton and Mr. Ryan Knapp, Appellant; the Committee hereby substitutes the designation of Dangerous Dog applied to ‘Remy’, and assigns to ‘Remy’ a designation of Potentially Dangerous; and, pursuant to By-law 2014-142 assigns the following for the keeping of said Potentially Dangerous 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 the 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 a 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 secured and provides humane shelter to the satisfaction of the animal services provider; c.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 2 - 2 insufficient protection to members of the public including unsupervised children who may wander into the area; or d.When outside of the dwelling and approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least sixteen 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; (k)The owner shall ensure that the designated dog is kept caged penned, in a locked room not accessible to children or through inadvertence, or under the control of an occupant of the dwelling who is at least 14 years of age when any person 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 of a person of at least sixteen 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, at all times when the designated dog is off the owner’s property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; (m) The owner shall complete any required assessments/training deemed necessary by the animal services provider, and if requested by the animal services provider the owner shall within 30 days of that request, have the designated dog sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed. (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 warning sign or signs shall be displayed until after the required assessments/training deemed necessary by the animal services provider has been complete, at which time the animal services provider will advise on whether the warning sign(s) are still required. 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 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 February 26, 2018 Hearing were advised of the Committee’s decision and that it would be considered at the March 19, 2018 Council meeting. In addition, a Notice of Decision was sent to the Appellant and the 2 - 3 Respondents via registered mail on March 2, 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