HomeMy WebLinkAboutCOR-18-020 - Dangerous Dog Designation Appeal - Nadarajah (Razor)REPORT TO:Committee of the Whole
DATE OF MEETING:November 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:December 17, 2018
REPORT NO.:COR-18-020
SUBJECT:Dangerous Dog Designation Appeal Nadarajah (Razor)
___________________________________________________________________________
RECOMMENDATION: That the decision of the Dog Designation Appeal Committee
regarding an appeal filed by Mr. Nishanthan Nadarajah, wherein the Committee affirms
the Dog Designation and modifies the conditions for the keeping of said dog, be ratified
and confirmed.
BACKGROUND:
On July 19, 2018the Animal Welfare Agency South Central OntarioRazor
owned by Mr. Nishanthan Nadarajah,as a Dangerous Dog. The designation was appliedafter
determining that onJuly 5, 2018Razoraperson 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 July 23, 2018the Office
of the City Clerk subsequently received correspondence from Mr. Nishanthan Nadarajah
appealing the Dangerous Dog Designation; and aNotice of Hearing was issued to the
Respondentand Appellant(the Animal Welfare Agency South Central Ontario), advising on
November 19, 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 onNovember 19,2018to consider an
appeal filed with the City by Mr. Nishanthan Nadarajah.
On that date, the Dog Designation Appeal Committee considered the evidence related to an
incident resulting in the Dangerous Dthe
testimony presented on behalf of the Respondent by Hayley Francis, Animal Protection Officer
for the Animal Welfare Agency South Central Ontario; as well as the testimony and evidence
presented by Mr. Nishanthan Nadarajah, Appellant; the Committee confirmed the designation of
Dangerous Dog:
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
2 - 1
a)The owner shall ensure that all conditions pertaining to the dog when it is off the
property of the owner including anyleashing 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 ofthis 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
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 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 theanimal
services provider; and, where the dog is required to wear a muzzle off its
property by this designation shall also be leashed and muzzled when exiting
the front door;
k)The owner shall ensure that the designated dog is kept caged or otherwise 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
2 - 2
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 d
caged or otherwise penned or confined to the satisfaction of the animal services
m)That the owner shall complete any required assessments/training deemed
necessary bythe 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)That the owner shall ensure that the warning sign or signs provided by the animal
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 to request that person to post a sign or signs.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the
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 November 19, 2018Hearingwere advised of the
it would be considered at the December 17, 2018Council
meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents via
registered mail on November 21, 2018; thereby,further notifying both parties of when the
delegation.
ACKNOWLEDGED BY: Victoria Raab,General Manager, Corporate Services
2 - 3