HomeMy WebLinkAboutCRPS-09-140 - Dog Designation Appeal Committee Decision - Simpson-CharlyCorporQte Services
REPORT T0: Mayor C. Zehr and Members of Council
DATE OF MEETING: November 2, 2009
SUBMITTED BY: Dog Designation Appeal Committee
PREPARED BY: Colin Goodeve, Committee Administrator
WARD(S) INVOLVED: All
DATE OF REPORT: October 13, 2009
REPORT NO.: CRPS-09-140
SUBJECT: DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION: APPEAL OF WILLIAM JACK
SIMPSON
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
William Jack Simpson, wherein the Committee rescinds the Prohibited Dog Designation
assigned to his dog `Charly' by the Kitchener-Waterloo and North Waterloo Humane
Society, be ratified and confirmed.
BACKGROUND:
On September 4, 2009 the Kitchener-Waterloo and North Waterloo Humane Society designated
`Charly', a dog owned by William Jack Simpson, as a Prohibited Dog, pursuant to Chapter
530.1.24 of the City of Kitchener Municipal Code. It was noted in the Humane Society's Notice
of Prohibited Dog Designation, that the Poundkeeper investigated and was satisfied that `Charly'
has the appearance and physical characteristics predominantly conforming to those of a `Pit
Bull' in accordance with the standards set out in Schedule `C' of Kitchener Municipal Code
Chapter 530 (Dogs). Therefore, having reason to believe `Charly' met the prescribed
requirements, the Poundkeeper designated `Charly' as a Prohibited Dog.
On September 8, 2009 the Office of the City Clerk received correspondence from William Jack
Simpson, appealing the Prohibited Dog Designation assigned to his dog `Charly'. Accordingly,
on September 11, 2009 a Notice of Hearing was issued to the Appellant (William Jack Simpson)
and the Respondent (the Kitchener-Waterloo and North Waterloo Humane Society), advising
that on October 13, 2009 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
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the Statutory Powers Procedure Act R.S.O. 1990 Chapter S.22, sitting on October 13, 2009 to
consider an appeal filed with the City by William Jack Simpson, reports as follows:
Having considered all of the evidence and exhibits presented on behalf of the Respondent by
Shon Carroll, By-law Officer, that the dog `Charly' has the physical characteristics of a Pit Bull
Cross Breed; and, having reviewed all of the evidence and exhibits submitted by William Jack
Simpson that `Charly' has a good temperament and is primarily a Labrador Retriever Cross
Breed; the Committee agreed to rescind the designation of Prohibited Dog applied to `Charly',
by the Kitchener-Waterloo and North Waterloo Humane Society.
Council is required to ratify all decisions arising from the Dog Designation Appeal Committee,
and in this regard the recommendation contained herein will appear on the November 2, 2009,
Committee of the Whole agenda.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
The Dog Designation Appeal Committee's Notice of Decision was served on the Appellant and
the Respondent via registered mail on October 14, 2009; thereby notifying both parties that the
Committee's decision would be considered at the November 2, 2009 Council meeting.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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