HomeMy WebLinkAboutCRPS-08-133 - Dog Designation Appeal Committee Decision - Allen and Hondo1
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Corporate Services
REPORT
Report To: Mayor C. Zehr and Members of Council
Date of Meeting: August 18, 2008
Submitted By: Dog Designation Appeal Committee
Prepared By: Colin Goodeve, Committee Administrator
Ward(s~ Involved: All
Date of Report: July 30, 2008
Report No.: CRPS-08-133
Subject: DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION: APPEAL OF JEFF ALLEN
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Jeff Allen, wherein the Committee substitutes the Dangerous Dog Designation applied to
his dog `Hondo' by the Kitchener-Waterloo and North Waterloo Humane Society with a
Potentially Dangerous Dog Designation and assigns conditions for the keeping of said dog,
be ratified and confirmed.
BACKGROUND:
On June 5, 2008 the Kitchener-Waterloo and North Waterloo Humane Society designated a
Shepherd /Labrador Cross-Breed named `Hondo', a dog owned by Jeff Allen, 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 the designation was issued as a
result of an incident which occurred on April 7, 2008 whereby `Hondo' did bite a person without
provocation.
On June 6, 2008 correspondence was received from Jeff Allen, appealing the Dangerous Dog
Designation assigned to his dog `Hondo'. Accordingly, Notice of Hearing was issued to the
Appellant (Jeff Allen} and the Respondent the Kitchener-Waterloo and North Waterloo Humane
Society}, advising that on July 29, 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 July 29, 2008 to
consider an appeal filed with the City by Jeff Allen, reports as follows:
Having considered the evidence and exhibits introduced by all parties to this hearing, the
Committee finds that while `Hondo', a dog owned by Jeff Allen, did bite a person on April 7,
2008; Mr. Allen has demonstrated to the Committee's satisfaction that he is a responsible dog
owner who has taken substantial measures to prevent a similar incident from occurring in the
future. Therefore in accordance with section 530.11.2, the Committee hereby substitutes the
Dangerous Dog Designation applied to `Hondo' with a Potentially Dangerous Dog Designation,
and assigns the following requirements for the keeping of said dog:
That the owner shall:
a) ensure that the Potentially Dangerous Dog is under the supervision of an adult
whenever it is in the front-yard of the owners property.
b) ensure that the Potentially Dangerous Dog is under the supervision of an adult
whenever it is in the presence of children under the age of 16.
c} securely attach a `gentle leader' to the Potentially Dangerous Dog at all times when
it is on public property.
The Committee advises that all dogs residing in the City of Kitchener must be kept in
accordance with the provisions of Chapter 530 Dogs}, and specifically notes that section
530.5.14, requires: an owner of a dog, when such dog is on the property of the owner or on the
property of some other person with such person's consent, shall keep the dog contained on
such property by one of the following means:
a) enclosure;
b) containment within a fenced area;
c} physical restraint of the dog by chain or other similar means;
d) an electronic containment device; or,
e) where such lands are located within an agricultural zone shall keep the dog
contained on such property by any reasonable means.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
The Dog Designation Appeal Committee's Notice of Decision was served on the Appellant and
the Respondent via registered mail on July 31, 2008; thereby notifying both parties that the
Committee's decision would be considered at the August 18, 2008 Council meeting.
Colin Goodeve,
Committee Administrator