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HomeMy WebLinkAboutCRPS-08-039 - Dog Designation Appeal Committee Decision - Dick-Keiko1 KrTC~~R Corporate Services REPORT Report To: Mayor C. Zehr and Members of Council Date of Meeting: March 17, 2008 Submitted By: Dog Designation Appeal Committee Prepared By: Colin Goodeve, Committee Administrator Ward(s~ Involved: All Date of Report: February 29, 2008 Report No.: CRPS-08-039 Subject: Dog Designation Appeal Committee Recommendation: Appeal of Evelyn and Sarah Jane Dick to the Dangerous Dog Designation Assigned to Their Dog `Keiko' RECOMMENDATION: That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Evelyn and Sarah Jane Dick, wherein the Committee rescinds the Dangerous Dog Designation assigned to their dog `Keiko' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed. BACKGROUND: On December 20, 2007 the Kitchener-Waterloo and North Waterloo Humane Society designated an Akita dog named `Keiko', a dog owned by Evelyn and Sarah Jane Dick, as a Dangerous Dog, pursuant to Chapter 530.1.8 of the City of Kitchener Municipal Code. It was noted in the Humane Society's Notice of Dangerous Dog Designation, that this designation was issued as a result of `Keiko' attacking a cat on July 20, 2007. On December 28, 2007 the Office of the City Clerk received correspondence from Evelyn and Sarah Jane Dick, dated December 27, 2007 appealing the Dangerous Dog Designation assigned to their Dog `Keiko'. Accordingly, on January 11, 2008 a Notice of Hearing was issued to the Appellant Evelyn and Sarah Jane Dick} and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society}, advising that on February 25, 2008 a hearing of the Dog Designation Appeal Committee would be held to consider this matter. REPORT: The Dog Designation Appeal Committee established by the Council of the Corporation of the City of Kitchener pursuant to Chapter 530 Dogs) of the City of Kitchener Municipal Code and the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on February 25, 2008 to consider an appeal filed with the City by Evelyn and Sarah Jane Dick, reports as follows: Having considered the evidence provided on behalf of the Respondent by Malcolm Armstrong, By-law Officer for the Kitchener-Waterloo and North Waterloo Humane Society; the evidence of Lesley Claire, witness for the Respondent; the evidence of Sarah Jane Dick, Appellant and owner of the dog `Keiko'; the evidence of Wade Kressler and Butch Dick, witnesses for the Appellant; and having reviewed the provisions of Chapter 530 (Dogs) of the City of Kitchener Municipal Code, as amended; the Committee decides: Having considered all of the evidence and exhibits presented regarding the incident that occurred on July 20, 2007 between `Keiko', a dog owned by Evelyn and Sarah Jane Dick and `Topaz', a cat owned by Lesley Claire; the Committee hereby rescinds the designation of Dangerous Dog applied to `Keiko' by the Kitchener-Waterloo and North Waterloo Humane Society. Council is required to ratify any Committee decision, and in this regard the recommendation contained herein will appear on March 17, 2008, Committee of the Whole agenda. FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: The Dog Designation Appeal Committee's Notice of Decision was served on the Appellants and the Respondent, notifying both parties that the Committee's decision would be considered at the March 17, 2008 Council meeting. Colin Goodeve, Committee Administrator