HomeMy WebLinkAboutCOR-2024-463 - Dangerous Dog Designation Appeal - Nancarrow
Corporate Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: October 21, 2024
SUBMITTED BY: Dianna Saunderson, Manager, Council & Committee Services
PREPARED BY: Mariah Blake, Committee Coordinator, 519-741-2200 ext. 7277
WARD(S) INVOLVED: All
DATE OF REPORT: October 9, 2024
REPORT NO.: COR-2024-463
SUBJECT: Dangerous Dog Designation Appeal - Nancarrow
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
S. Nancarrow, wherein the Committee affirmed the Prohibited Dog Designation, with
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-2024-463.
REPORT HIGHLIGHTS:
On May 25, 2024 the Humane Society of Kitchener-Waterloo and Stratford Perth designated
UnoDog.
On June 16, 2024, Officer E. Maciel as a result of another incident, further designated
to Prohibited, as the conditions outlined in the Dangerous Dog
Designation were not being followed by the dog owner.
The ation Appeal Committee affirmed the Prohibited Dog designation.
This report supports the delivery of core services.
BACKGROUND:
On May 25, 2024 the Humane Society of Kitchener-Waterloo and Stratford Perth designated
UnoS. Nancarrow, as a Dangerous Dog. The designation was applied after
determining that on April 29, 2024Unoattacked a dog without provocation in contravention to
Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code.
On June 16, 2024 the Humane Society of Kitchener Waterloo and Stratford Perth changed the
Dangerous Dog Designation to Prohibited. The change in designation was applied after
determined that the requirements for keeping a Dangerous Dog were not being followed by the
dog owner.
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On June 21, 2024, Legislated Services received correspondence from S. Nancarrow appealing
the Prohibited Dog Designation; and a Notice of Hearing was issued to the Respondentand
Appellant, advising on September 30, 2024, a hearing of the Dog Designation Appeal Committee
would be held to consider this matter. The Committee heard and considered evidence from all
parties and found that due to the number of attacks and failure to comply with the requirements
of owning a Dangerous Dog, the Prohibited 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 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 September
30, 2024, to consider an appeal filed with the City by S. Nancarrow, and reports as follows:
The Committee considered the following:
testimony provided on behalf of the Respondent by Officer E. Maciel, Kitchener-Waterloo
and Stratford Perth Humane Society, which demonstrated
ion,
testimony and evidence provided on behalf of the Respondent by Officer E. Maciel,
Kitchener-Waterloo and Stratford Perth Humane Society, which demonstrated a previous
Dangerous Dog Designation was laid on May 25, 2024, and that the requirements of
owning a Dangerous Dog have not been met at this time,
testimony and photographic evidence from A. McMullin, Witness for the Respondent,
,
requiring the owner to attend the Veterinarian and receive treatment for the injuries
,
It was noted the appellant was not in attendance this date to provide testimony or
evidence.
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 Prohibited
be confirmed with modified conditions to include an additional
condition outlined within the By-law to address how the dog should be kept when it is not within
the custody of the Humane Society of Kitchener-Waterloo and Stratford Perth Humane Society.
The Committee hereby recommends the designation of Prohibited Dog applied to Uno, by the
Humane Society of Kitchener-Waterloo and Stratford Perth; and, pursuant to By-law 2014-142
assigns the following modified conditions:
a) The owner shall ensure that a warning sign or signs provided by the animal services
provider are displayed at the entrance to the owners 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 passerb
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.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM All those in attendance at the September 30, 2024 Hearing were advised of the
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 October 4, 2024; thereby, further notifying both
onsidered by Council and the process for
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