HomeMy WebLinkAboutCRPS-09-157 - Amendment to c530 Dogs of the City of Kitchener MREPORT
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
January 11, 2010
SUBMITTED BY:
Jennifer Sheryer, Assistant City Solicitor
PREPARED BY:
Jennifer Sheryer, Assistant City Solicitor
WARD(S) INVOLVED:
All
DATE OF REPORT: December 17, 2009
REPORT NO.:
CRPS-09-157
SUBJECT:
AMENDMENT TO CHAPTER 530 (DOGS) OF THE CITY OF
KITCHENER MUNICIPAL CODE
RECOMMENDATION:
“That the draft by-law attached to Report #CRPS-09-157 be enacted to amend Chapter
530 (Dogs) of The City of Kitchener Municipal Code.”
BACKGROUND:
A member of the Dog Designation Appeal Committee has raised a concern that they are
uncomfortable dismissing a prohibited dog designation appeal as abandoned when the dog’s
owner does not attend the appeal hearing. Legal was requested to amend Ch 530 (Dogs) to
ensure that evidence will be heard and considered by the DDAC at every prohibited dog
designation hearing.
REPORT:
When a prohibited dog designation appeal hearing is dismissed as abandoned the dog must be
surrendered for euthanasia. As this consequence is final, the Committee member believed it
was important to ensure the appealed designation had a proper evidentiary basis before giving
effect to it.
To address the member’s concern, an amendment to Ch 530 (Dogs) has been prepared. The
amendment will require the DDAC to hear and consider evidence at each prohibited dog
designation hearing, regardless of the owner’s attendance.
FINANCIAL IMPLICATIONS:
N/A
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
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BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 530 of The City of
Kitchener Municipal Code with respect to Dogs.)
WHEREAS it is deemed expedient to amend Chapter 530 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Section 530.11.6 of The City of Kitchener Municipal Code is hereby amended by
adding at the end of this section for following thereto:
“Notwithstanding anything else in this section, where a person has requested an
appeal hearing for a prohibited dog designation and does not appear at the
appointed time, the Dog Designation Appeal Committee shall not dismiss the
appeal hearing as abandoned but shall hear and consider evidence before
rendering its decision. This requirement does not preclude the Dog Designation
Appeal Committee from adjourning the appeal hearing as contemplated herein.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2010.
_____________________________________
Mayor
_____________________________________
Clerk
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