HomeMy WebLinkAboutCOR-2023-124 - Dangerous Dog Designation Appeal - Johnson
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REPORT TO: Committee of the Whole
DATE OF MEETING: March 20, 2023
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Mariah Blake, Committee Administrator, 519-741-2200 ext. 7277
WARD(S) INVOLVED: All
DATE OF REPORT: March 7, 2023
REPORT NO.: COR-2023-124
SUBJECT: Dangerous Dog Designation Appeal Johnson
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
D. Johnson, wherein the Committee affirms the Dangerous Dog Designation applied to
the dog Misty by the Humane Society of Kitchener-Waterloo and Stratford Perth, be
ratified and confirmed with modified conditions.
REPORT HIGHLIGHTS:
On December 8, 2022, the Humane Society of Kitchener-Waterloo and Stratford Perth
an incident that occurred where
the dog attacked with a lack of mitigating factors.
The Committee affirmed the Dangerous Dog Designation.
This report supports the delivery of core services.
BACKGROUND:
On December 8, 2022, the Humane Society of Kitchener-Waterloo and Stratford Perth
designated Misty, a dog owned by D. Johnson, as a Dangerous Dog. The designation was
applied after determining that on November 26, 2022, Misty attacked a dog and 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
December 13, 2023, the Office of the City Clerk subsequently received correspondence from D.
Johnson appealing the Dangerous Dog Designation; and a Notice of Hearing was issued to the
Respondent and Appellants, advising on March 7, 2023, 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.
REPORT:
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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 Procedures Act R.S.O 1990 Chapter S.22, sat on March 7, 2023, to consider an appeal
filed with the City by D. Johnson, and reports as follows:
The Committee considered the following:
testimony provided on behalf of the Respondent by Officer S. Canavan, Kitchener-
Mistywas involved
in an incident on November 26, 2023, where did attack a dog and person without
provocation;
testimony and photographic evidence from D. Ferrari, Witness for the Respondent,
regarding an incident on November 26, 2023 at the rear of a residential complex
municipally addressed as 60 Centreville Street wMisty
and while trying to separate the dogs, D. Ferrari then sustained bite wounds on their
hands;
testimony of D. Johnson, Appellant and Dog Owner, acknowledging that the dog attack
incident on November 26, 2023 did occur; and made a request to the Committee to
rescind the Designation based on the fact that the Kitchener-Waterloo and North Waterloo
Humane Society implied the designation was warranted due to the incident being a
-year old and the previous incident on
record at the Humane Society is prior to the dog being in their possession.
In addition, the Committee reviewed and considered the provisions of City of Kitchener Municipal
By-law 2014-142 and recommends that having considered all of the evidence and exhibits
presented during the Hearing regarding the incidents, the Dangerous Dog Designation applied
be confirmed with modified conditions.
The modifications to the requirements for keeping of the Dangerous Dog include;
- an amendment to the condition imposed in the initial decision related to the warning sign,
- an additional condition to require the dog owner to ensure that the designated dog is
sterilized and shall provide proof satisfactory to the animal services provider that such a
procedure has been performed within 30 days of the designation being a confirmed
designation.
The Committee hereby recommends the be
affirmed; and pursuant to By-law 2014-142, assigns the following modified conditions for the
keeping of said 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 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 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 harbors
the designated dog;
g) The owner shall provide a copy of this designation to any veterinarian treating the
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. The owner shall ensure that the designated dog wears a securely attached muzzle
that is satisfactory to the animal services providers at all times when it is off the
r otherwise penned or confined to the satisfaction
of the animal service provider
k)
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 passerby 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;
l) The owner shall ensure that the designated dog is not kept or harbored in a multiple unit
dwelling or lodging house the dog may be kept or harbored at other premises subject to
all the conditions imposed on the keeping of the dog pursuant to this designation;
m) 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.
n) The owner shall ensure that the designated dog is sterilized and shall provide proof
satisfactory to the animal services provider that such a procedure has been performed
within 30 days of this designation becoming a confirmed designation.
STRATEGIC PLAN ALIGNMENT:
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 March 7, 2023 Hearing were advised of the
as
required in the By-law. In addition, a Notice of Decision was sent to the Appellant and the
Respondents via email and registered mail on March 13, 2023; thereby, further notifying both
registering as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services