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Home My WebLink AboutCOR-2026-034 - Potentially Dangerous Dog Designation Appeal - H. MillerStaff Report J IKgc.;i' r� R Corporate Services Department www.kitchener.ca REPORT TO: Council Meeting DATE OF MEETING: January 12, 2026 SUBMITTED BY: Dianna Saunderson, Manager, Council & Committee Services PREPARED BY: Mariah Blake, Committee Coordinator, 519-783-8999 WARD(S) INVOLVED: All DATE OF REPORT: December 17, 2025 REPORT NO.: COR -2026-034 SUBJECT: Potentially Dangerous Dog Designation Appeal — H. Miller RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by H. Miller, wherein the Committee affirms the Potentially Dangerous Dog Designation applied to the dog `Koda' 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 -2026-034. REPORT HIGHLIGHTS: • On November 6, 2025, the Humane Society of Kitchener -Waterloo and Stratford Perth (HSKW) designated `Koda' as a Potentially Dangerous Dog pursuant to Chapter 420 of the City of Kitchener Municipal Code. • On November 10, 2025, the dog owner, H. Miller filed an appeal of the Potentially Dangerous Dog Designation. • The Dog Designation Appeal Committee held a hearing on December 15, 2025, and considered witness testimony, documentary evidence, photographs and video evidence. • Based on the evidence provided, it is the opinion of the Committee that, `Koda' was involved in a dog attack incident lacking any mitigating factors and was at large, contrary to the Municipal Code. • The City's Dog Designation Appeal Committee affirmed the designation of Potentially Dangerous to, "Koda," with amendments including: removal of the restriction on keeping the dog in a multi -unit dwelling; and removal of the condition requiring a warning sign to be posted outside the owner's dwelling. • This report supports the delivery of core services. BACKGROUND: On November 6, 2025, the Humane Society of Kitchner-Waterloo and Stratford Perth designated `Koda', a dog owned by Hannah Miller as a Potentially Dangerous Dog. The designation was applied after determining that on November 4, 2025, `Koda' did attack a dog without provocation in contravention to Chapter 420 (Dog Designations) of the City of Kitchener Municipal Code. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 20 of 27 On November 10, 2025, Legislated Services received correspondence from H. Miller appealing the Potentially Dangerous Designation; and a Notice of Hearing was issued to the Respondent and Appellant, advising on December 15, 2025, a hearing of the Dog Designation Appeal Committee would be held to consider this matter. After considering the evidence presented by all parties, the Committee determined that the Potentially Dangerous Dog designation should be upheld, subject to modified conditions. 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 December 15, 2025, to consider an appeal filed with the City by H. Miller, and reports as follows: The Committee considered the following: • Testimony and photographs provided on behalf of the Respondent by an independent eyewitness who observed two large dogs, one being `Koda,' running at large and attacking a smaller dog in the vicinity of Edmund Green Park on November 4, 2025. The witness testified that the attack appeared unprovoked, occurred in an area frequently used by children, and that the dogs were not under adequate control. • Testimony provided on behalf of the Respondent by Officer K. Nguyen, Humane Society Kitchener Waterloo and Stratford Perth, regarding the investigation into the dog attack incident occurring on November 4, 2025, involving the dog, "Koda" who was at large and not under effective control of the owner. • Testimony provided from the appellant, H. Miller, and representative, Brittany Plummer, requesting that the Committee rescind the designation, asserting that the incidents involving `Koda' were isolated and influenced by the behavior of another dog present at the time. The appellant further noted that efforts are being made to limit Koda's contact with the aggressive dog and that steps will be taken in the coming weeks to have Koda sterilized. 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 Dangerous Dog Designation applied to `Koda be confirmed with 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; Page 21 of 27 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. 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 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 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 fourteen who does not habitually reside in the owner's dwelling is present. I. 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 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. m. 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; n. The owner shall ensure that the designated dog is sterilized and shall provide proof satisfactory to the animal services provider that such procedure has been performed within 30 days of this designation becoming a confirmed designation; 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. Page 22 of 27 STRATEGIC PLAN ALIGNMENT: The recommendation of this report supports through the delivery of core services. the achievement of the City's strategic vision FINANCIAL IMPLICATIONS: There are no financial implications associated with this report. COMMUNITY ENGAGEMENT: INFORM — All those in attendance at the December 15, 2025 Hearing were advised of the Committee's decision and that it would be considered at the January 12, 2026 Council meeting as required in the By-law. In addition, a Notice of Decision was sent to the Appellant and Respondents via email and registered mail on December 17, 2025, thereby, further notifying both parties of when the Committee's decision would be considered 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 Page 23 of 27