HomeMy WebLinkAboutCOR-2021-10 - Dog Designation Appeal Committee - Ducey
Staff Report
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Committee of the Whole
REPORT TO:
DATE OF MEETING: February 22, 2021
SUBMITTED BY: Dog Designation Committee
PREPARED BY: Sarah Goldrup, Committee Administrator, 519-741-2200 Ext. 7275
WARD(S) INVOLVED: All Wards
DATE OF REPORT: February 17, 2021
REPORT NO.: COR-2021-10
SUBJECT: Dog Designation Appeal Committee - Ducey
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by L.
Ducey, wherein the Committee affirms the Dangerous Dog Designation applied to her dog
“Cinder” by the Humane Society of Kitchener-Waterloo and Stratford Perth, be ratified and
confirmed.
REPORT HIGHLIGHTS:
On December 8, 2020, the Humane Society of Kitchener-Waterloo and Stratford
Perth designated “Cinder” as a Dangerous Dog.
Officer D. Boese designated “Cinder” as dangerous due to the severity of the
attacks and the lack of mitigating factors.
The Committee affirmed the Dangerous Dog Designation.
This report supports the delivery of core services.
BACKGROUND:
On December 8, 2020, the Humane Society of Kitchener-Waterloo and Stratford Perth
designated “Cinder,” a dog owned by L. Ducey, as a Dangerous Dog. The designation was
applied after determining that on October 20, 2020, “Cinder” did attack a dog 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 16, 2020, the Office of the City Clerk subsequently received
correspondence from L. Ducey appealing the Dangerous Dog Designation; and a Notice of
Hearing was issued to the Respondent and Appellants, advising on January 29, 2021, a
hearing of the Dog Designation Appeal Committee would be held to consider the matter.
The Committee heard and considered evidence from all parties and found that due to the
severity of the attack, and the lack of substantive mitigating factors, the Dangerous Dog
Designation should be confirmed.
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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, 2021, to
consider an appeal filed with the City by L. Ducey.
On that date, the Dog Designation Committee considered all of the evidence, exhibits, and
testimony presented on behalf of the Respondent by D. Boese, Animal Control Officer, and
E. Kearney, Associate City Solicitor; and, having reviewed all of the evidence, exhibits, and
testimony on behalf of the Appellant, L. and S. Ducey; the Committee hereby affirms the
designation of Dangerous Dog applied to ‘Cinder’, by the Humane Society of Kitchener-
Waterloo and Stratford Perth; and, pursuant to By-law 2014-142 assigns the following
conditions for the keeping of said Dangerous Dog:
a) The owner shall ensure that all conditions pertaining to the designated dog are
followed when it is off the property of the owner or otherwise in an enclosed yard as
approved by the animal services provider 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 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 age, or of a person of at least thirteen
years of age if a family member, 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 confined in accordance with this
subsection (d);
k) The owner shall ensure that the designated dog is kept under the effective control of
a person of at least eighteen years of age, or of a person of at least thirteen years of
age if a family member, 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 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;
l) The owner shall ensure that the designated dog wears a securely attached muzzle
that is satisfactory to the animal services provider at all times when it 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 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 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;
n) The owner shall ensure that the designated dog is not permitted to enter dog parks
within the City of Kitchener;
o) 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 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, 2021, Hearing were advised of the
Committee’s decision and that it would be considered at the February 22, 2021, Council
meeting. In addition, a Notice of Decision was sent to the Appellant and the Respondents
via email and registered mail on February 17, 2021; 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: P. Dunn, Acting General Manager, Corporate Services Department