HomeMy WebLinkAboutCOR-2024-058 - Dog Designation Appeal - Adams
Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: January 22, 2024
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Marilyn Mills, Committee Coordinator, 519-741-2200 ext. 7275
WARD(S) INVOLVED: All
DATE OF REPORT: January 16, 2024
REPORT NO.: COR-2024-058
SUBJECT: Dog Designation Appeal - Adams
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
J. Adams, wherein the Committee affirms the Potentially Dangerous Dog Designation
applied to the dog by the Humane Society of Kitchener-Waterloo and
Stratford Perth, be ratified and confirmed with modified conditions, as outlined in
Corporate Services Department report COR-2024-058; and further,
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
J. Adams, wherein the Committee affirms the Dangerous Dog Designation applied to the
dog by the Humane Society of Kitchener-Waterloo and Stratford Perth, be
ratified and confirmed with modified conditions, as outlined in Corporate Services
Department report COR-2024-058.
REPORT HIGHLIGHTS:
On October 24, 2023, the Humane Society of Kitchener-Waterloo and Stratford Perth
designated
Dangerous Dog.
Abercrombiea potentially dangerous dog due to an
incident where Abercrombieapproached a person and domestic animal in a menacing
fashion with a lack of mitigating factors.
Billy the Kida dangerous dog due to an incident where
Billy the Kidattacked another dog without provocation.
designation of
This report supports the delivery of core services.
BACKGROUND:
On October 24, 2023, the Humane Society of Kitchener-Waterloo and Stratford Perth designated
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applied after determining that on October 5, and their
dogin a menacing fashion, in the absence of any mitigating factor, in contravention to Chapter
420 (Dog Designations) of the City of Kitchener Municipal Code. In addition, on October 24,
2023, the Humane Society of Kitchener-
another dog owned by J. Adams, as a Dangerous Dog. The Dangerous Dog Designation was
applied after determining that on October 5, 20
provocation, in contravention to Chapter 420 (Dog Designations) of the City of Kitchener
Municipal Code.
On October 23, 2023, the Office of the City Clerk received correspondence from J. Adams
appealing both the Potentially Dangerous Dog Designation and the Dangerous Dog Designation
laid on their dogs. It should be noted that there was a clerical error in the initial designations that
were served, which is the reason for the appeal being received the day prior to the issuance of
the designation.
A Notice of Hearing was issued to the Respondent and Appellant, advising on January 12, 2024,
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 determined that the Potentially
Dangerous Dog Designation applied and the Dangerous Dog Designation
should be confirmed.
REPORT:
The Dog Designation Appeal Committee established by the Council of the Corporation of the
City of Kitchener pursuant to City of Kitchener pursuant to Chapter 420 (Dog Designations) of
the City of Kitchener Municipal Code and the Statutory Powers Procedures Act R.S.O 1990
Chapter S.22, sat on January 12, 2024, to consider two appeals filed with the City by J. Adams,
and reports as follows:
The Committee considered the following:
testimony provided on behalf of the Respondent by Officer E. Maciel, Kitchener-Waterloo
Abercrombie
incident on October 5, 2023, did approach a person and their dogs in
a menacing fashion, in the absence of any mitigating factor, and in this same incident
did attack another dog without provocation.
testimony and photographic evidence from M. White, Witness for the Respondent and owner
, regarding an incident that occurred on October 5, 2023, where
, and his dogs in a menacing fashion.
During the incident, one of his dogs, sustained bite wounds.
testimony of J. Adams, Appellant and owner of the dogs Abercrombie ,
acknowledging that an incident did occur on October 5, 2023; and requesting the Committee
rescind the designations as the behaviour of her dogs were an isolated incident, and further,
it was unclear whether either of her dogs bit as several dogs were involved in the
incident. It was also raised that there may have been mitigating factors that led to the
incident.
In addition, the Committee reviewed and considered the provisions of Chapter 420 (Dog
Designations) of the City of Kitchener Municipal Code and recommends that having considered
all the evidence and exhibits presented during the Hearing regarding the incident, the Potentially
and the Dangerous Dog Designation
be confirmed with modified conditions.
The Committee hereby recommends the designation of Potentially Dangerous Dog applied to
, by the Humane Society of Kitchener-Waterloo and Stratford Perth; and, pursuant
to By-law 2014-142 assigns the following modified conditions 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 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
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 sixteen
years of age and under leash, such leash not to exceed 1.8 meters (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 when confined in accordance with this subsection (d);
k) The owner shall ensure that the designated dog is kept caged, penned, or under the
control of a person of at least sixteen years of age when any child under the age of
l) The owner shall ensure that the designated dog is kept caged, penned, or under the
control of a person of at least sixteen years of age when any child under the age of
m) 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 18 years of age when any person who does not habitually
n) 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
meters (6 feet) in length and to be approved by the animal services provider, at all times
or confined to the satisfaction of the animal services provider;
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.
p) 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;
Further, the Committee hereby recommends the designation of Dangerous Dog applied to
, by the Humane Society of Kitchener-Waterloo and Stratford Perth; 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
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 sixteen
years of age and under leash, such leash not to exceed 1.8 meters (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 when confined in accordance with this subsection (d);
k) The owner shall ensure that the designated dog is kept caged, penned, or under the
control of a person of at least sixteen years of age when any child under the age of
l) The owner shall ensure that the designated dog is kept caged, penned, or under the
control of a person of at least sixteen years of age when any child under the age of
m) 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 18 years of age when any person who does not habitually
n) 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
meters (6 feet) in length and to be approved by the animal services provider, at all times
therwise penned
or confined to the satisfaction of the animal services provider;
o) The owner shall ensure that the designated dog wears a securely attached muzzle that
property and not caged or otherwise penned or confined to the satisfaction of the animal
service provider.
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.
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 January 12, 2024, Hearing were advised of the
January 22, 2024 Council meeting
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 January 16, 2024; thereby, further notifying both
registering as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services