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HomeMy WebLinkAboutCOR-19-014 - Potentially Dangerous Dog Designation Appeal - Grigsby and Mansbridge ('Loki' and 'Kado')REPORT TO:Committee of the Whole DATE OF MEETING:March 4, 2019 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 8, 2019 REPORT NO.:COR-19-014 SUBJECT:Potentially Dangerous Dog Designation Appeal Grigsby and Mansbridge (LokiandKado) RECOMMENDATION: That the decisionsof the Dog Designation Appeal Committee regarding an appeal filed by Ms. Jessi Grigsby and Mr. Joshua Mansbridge, wherein the Committee affirms the Potentially Dangerous Dog Designationsand modifies the conditions for the keeping of said dogs, be ratified and confirmed. BACKGROUND: On October 22, 2018the Animal Welfare Agency South Central Ontario (AWASCO) designated , dogsowned by Ms. Jessi Grigsby and Mr. Joshua Mansbridge,as Potentially Dangerous Dogs. The designations were appliedafter determining that onSeptember 23, 2018 Lokidid attackadog 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 October 29, 2018 the Office of the City Clerk subsequently received correspondence from Ms. Jessi Grigsby and Mr. Joshua Mansbridge appealing the Potentially Dangerous Dog Designations; and aNotice of Hearing was issued to the Respondentand Appellant(AWASCO), advising on January 28, 2019a 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 onJanuary 28, 2019to consider an appeal filed with the City by Ms. Jessi Grigsby and Mr. Joshua Mansbridge. On that date, the Dog Designation Appeal Committee considered the evidence related to an incident resulting in the Potentially Dangerous Di. Having considered the testimony presented on behalf of the Respondent by Gary Boes, Animal Protection Officer for the AWASCO; as well as the testimony and evidence presented by Ms. Jessi Grigsby and Mr. Joshua Mansbridge, Appellants; the Committee confirmed the designation of and assigned the following conditions for the keeping of said Potentially Dangerous Dogs: ***This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 3 - 1 Potentially Dangerous Dog Designation (a)The owner shall ensure thatall 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 ownerwithin 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 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 license; (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.In an outdoor pen that is both secure 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 the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least eighteen years of ageand under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services provider, by thisdesignation shall also wear a muzzle when confined in accordance with this subsection (d); 3 - 2 (k)The owner shall ensure that the designated dog is kept caged, penned, or 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 eighteen years of age when any person who (l)The owner shall ensure that the designated dog is kept under the effective control of a person of at leasteighteen years of ageand 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 penned or confined to the satisfaction of the animal services provider; (m)The owner shall ensure that the designated dog wears a securely attached muzzle d not caged or otherwise penned or confined to the satisfaction of the animal service provider; (n)The owner shall ensure that the warning sign or signs provided by the animal services rson 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; (o)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 e; (p)The owner shall ensure that the designated dog is microchipped by a licensed veterinarian and supply the microchip information the animal services provider. The owner shall also permit the animal services provider to verify the implantation of such microchip. Potentially Dangerous Dog Designation (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 Parkunless 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; 3 - 3 (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 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 license; (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.In an outdoor pen that is both secure 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 the approved pen or fenced area contemplated by subsections (b) and (c), under the effective control of a person of at least eighteen years of ageand 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 confined in accordance with this subsection (d); (k)The owner shall ensure that the designated dog is kept caged, penned, or 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 eighteen years of age when any person who (l)The owner shall ensure that the designated dog is kept under the effective control of Josh Mansbridge or a person of at least eighteen years of age with the use of a body harness to be approved by the animal services provider,and under leash, such leash not to exceed 1.8 metres (6 feet) in length and to be approved by the animal services caged or otherwise penned or confined to the satisfaction of the animal services provider; (m)The owner shall ensure that the designated dog wears a securely attached muzzle property and not caged or otherwise penned or confined to the satisfaction of the animal services provider; (n)The owner shall ensure that the warning sign or signs provided by the animal services normally approach and at any other place on the property as directed by the animal 3 - 4 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; (o)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; (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 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 28, 2019Hearingwere advised of the it would be considered at the March 4, 2019Councilmeeting. In addition, a Notice of Decision was sent to the Appellantsand the Respondents via registered mail on January 31, 2019; thereby,furt decision would be considered by Council and the process for registering as a delegation. ACKNOWLEDGED BY: Victoria Raab,General Manager, Corporate Services 3 - 5