HomeMy WebLinkAboutCRPS-08-153 - Dog Designation Appeal Committee Decision - Constantinou and DDJ
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Corporate Services
Report To: Mayor C. Zehr and Members of Council
Date of Meeting: October 6, 2008
Submitted By: Dog Designation Appeal Committee
Prepared By: Colin Goodeve, Committee Administrator
Ward(s) Involved: All
Date of Report: September 16, 2008
Report No.: CRPS-08-153
Subject: DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION: APPEAL OF HANNA AND ANDY
CONSTANTINOU
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Hanna and Andy Constantinou, wherein the Committee substitutes the Dangerous Dog
Designation applied to their dog `D.D.' 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 May 23, 2008 the Kitchener-Waterloo and North Waterloo Humane Society designated
`D.D.', a dog owned by Hanna and Andy Constantinou, 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 24, 2008 whereby `D.D.' did bite another dog without provocation.
On June 9, 2008 correspondence was received from Hanna and Andy Constantinou, appealing
the Dangerous Dog Designation assigned to their dog `D.D.'. Accordingly, Notice of Hearing
was issued to the Appellants (Hanna and Andy Constantinou} 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.
At the July 29, 2008 hearing, the Respondent requested that this matter be adjourned to
another meeting date as one of their witnesses was unable to address the Committee due to a
medical condition. The Appellants spoke in opposition to the requested adjournment, indicating
that they would not be able to attend another hearing. The Committee resolved to have the
parties present all possible evidence at that time and adjourned this matter to the September
15, 2008 Dog Designation Appeal Committee hearing at which time it considered the testimony
of the Respondent's witness.
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 September 15, 2008
to consider an appeal filed with the City by Hanna and Andy Constantinou, reports as follows:
Having considered the evidence and exhibits introduced by all parties to this hearing, the
Committee finds that on April 24, 2008 `D.D.', a dog owned by Hanna and Andy Constantinou, did
bite another dog. In accordance with section 530.11.2, the Committee hereby substitutes the
Dangerous Dog Designation applied to `D. D.' with a Potentially Dangerous Dog Designation, and
assigns the following requirements for the keeping of said dog:
That the owner shall:
a} keep the Potentially Dangerous Dog, when it is on the lands and premises of the
owner, confined:
i. within the owner's dwelling; or,
ii. by physical restraint such as a chain or other similar means, which
prevents the Potentially Dangerous Dog from coming within 3 metres of
any adjacent public lands.
b} keep the Potentially Dangerous Dog under the effective control of a person at least 16
year of age and under leash, such leash not to exceed 1.8 metres (6 feet} in length and
to be approved by the Poundkeeper, at all times when the Potentially Dangerous Dog is
off the owner's property.
c} advise the Poundkeeper within two (2} working days of the death of the Potentially
Dangerous Dog.
d} advise the Poundkeeper forthwith if the Potentially Dangerous Dog is running at
large or has bitten or attacked any person or animal.
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 September 17, 2008; thereby notifying both parties that
the Committee's decision would be considered at the October 6, 2008 Council meeting.
Loiin Uooaeve
Committee Administrator