HomeMy WebLinkAboutCOR-2024-486 - Dog Designation - Kurzydlowski and Kurzydlowska
REPORT TO: Committee of the Whole
DATE OF MEETING: November 18, 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 22, 2024
REPORT NO.: COR-2024-486
SUBJECT: Dog Designation Kurzydlowski and Kurzydlowska
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed
by R. Kurzydlowski and J. Kurzydlowska, wherein the Committee substitutes the
designation of Dangerous Dog applied
Kitchener-Waterloo and Stratford Perth, and pursuant to By-law 2014-142, and hereby
designates
Corporate Services Department report, COR-2024-486.
REPORT HIGHLIGHTS:
On May 6, 2024, the Humane Society of Kitchener-Waterloo and Stratford Perth
(HSKW), R. Kurzydlowski and J. Kurzydlowska, as
a Dangerous Dog.
On August 26, 2024, the Dog Designation Appeal Committee granted an adjournment
to the appellants, who requested a further adjournment on October 21, 2024, and were
not in attendance for the hearing this date.
Based on the evidence provided, it is in the opinion of the Committee that the dog,
voked
altercation as a result of its aggression.
based on the evidence received opted
to substitute the Dangerous Dog Designation applied by the HSKW, with a Prohibited
This report supports the delivery of core services.
BACKGROUND:
black and tan rottweiler, owned by R.
Kurzydlowski and J. Kurzydlowska, as a Dangerous Dog. The designation was applied after
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determining that on May 1in
contravention to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code.
On May 2, 2024, Waterloo Regional Police Service Constables identified
the dog involved in the May 1, 2024 dog bite incident, and attended the property of the
owners of the dog, who based on the witness statements received, matched the descriptions
of the dog owner. It was noted the Waterloo Regional Police Service had canvassed the
neighborhood for any video footage or eyewitnesses to the incident to assist in determining
whether a criminal offence took place, and whether the dog owner may be using the dog
involved in the incident, as a weapon. Based on the WRPS investigation, it was determined
no criminal activity was present.
On May 10, 2024, Legislated Services received correspondence from R. Kurzydlowski and
J. Kurzydlowska, appealing the Dangerous Dog Designation; and a Notice of Hearing was
issued to the Respondent and Appellant, advising on August 26, 2024, a hearing of the Dog
Designation Appeal Committee would be held to consider this matter.
On August 26, 2024, the Dog Designation Appeal Committee granted an adjournment to the
Appellants, who were in attendance for the hearing, to allow an opportunity for staff to obtain
an interpreter on their behalf. A Notice of Hearing for October 21, 2024, was sent to the
Appellant, and a further adjournment was requested by the Appellants on October 4, 2024,
due to a need to travel outside of the country unexpectedly. Staff requested evidence to
support the adjournment request and no additional supporting documents were provided.
Staff corresponded with the Appellant on October 18, 2024, and they were further advised
about , or to proceed with the
hearing in their absence. The Committee opted to proceed with the hearing, as no proof of
travel was provided to support the adjournment request. The Committee heard and
considered evidence from all parties and found that due to the severity of injury, lack of
as a result of its aggression, the Dangerous Dog Designation applied by the HSKW, should
be substituted for a Prohibited Dog Designation.
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
October 21, 2024, to consider an appeal filed with the City by R. Kurzydlowski and J.
Kurzydlowska, and reports as follows:
The Committee considered the following:
a request for adjournment, without supporting evidence of the inability to attend.
testimony and evidence provided on behalf of the Respondent by Constable G.
Wagler and Constable L. Escobar, Waterloo Regional Police Service (WRPS), which
bite a human without provocation.
testimony and evidence provided on behalf of the Respondent by Officer S. Canavan,
which demonstrated, a Dangerous Dog Designation was laid on May 6, 2024, and
two certificates of offence were provided to the dog owners regarding an expired City
dog license (Licence number: 25247), and the dog bite incident.
photographic evidenceof the dog bite injury provided by thevictim, regarding the dog
bite incident on May 1to
attend the Hospital and receive treatment for the injuries sustained.
the appellant was not in attendance this date to provide testimony or evidence.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM All those in attendance at the October 21, 2024 Hearing were advised of the
meeting as required in the By-law. In addition, a Notice of Decision was sent to the Appellant
and the Respondent via email and registered mail on October 25, 2024; thereby, further
the process for registering as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab