HomeMy WebLinkAboutCRPS-09-156 - Dog Designation Appeal Committee - Cioanca
REPORT
REPORT TO:
Mayor C. Zehr and Members of Council
DATE OF MEETING:
January 18, 2010
SUBMITTED BY:
Dog Designation Appeal Committee
PREPARED BY:
Colin Goodeve, Committee Administrator
WARD(S) INVOLVED:
All
DATE OF REPORT: December 14, 2009
REPORT NO.:
CRPS-09-156
SUBJECT:
DOG DESIGNATION APPEAL COMMITTEE
RECOMMENDATION: APPEAL OF AMANDA CIOANCA
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed by
Amanda Cioanca, wherein the Committee affirms the Prohibited Dog Designations assigned
to her dogs ‘Precious’ and ‘Remy’ by the Kitchener-Waterloo and North Waterloo Humane
Society, be ratified and confirmed.
BACKGROUND:
On October 14, 2009 the Kitchener-Waterloo and North Waterloo Humane Society designated
‘Precious’ and ‘Remy’, dogs owned by Amanda Cioanca, as Prohibited Dogs, 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 both ‘Precious’ and ‘Remy’ have 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 that the dogs met the prescribed requirements, the Poundkeeper designated ‘Precious’
and ‘Remy’ as Prohibited Dogs.
On October 21, 2009 the Office of the City Clerk received correspondence from Amanda
Cioanca, appealing the Prohibited Dog Designations assigned to her dogs ‘Precious’ and
‘Remy’. Accordingly, on November 2, 2009 a Notice of Hearing was issued to the Appellant
(Amanda Cioanca) and the Respondent (the Kitchener-Waterloo and North Waterloo Humane
Society), advising that on December 14, 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 December 14, 2009
to consider an appeal filed with the City by Amanda Cioanca, reports as follows:
Having considered all of the evidence and exhibits presented on behalf of the Respondent by
Jason Rogers, By-law Officer, that the dogs ‘Precious’ and ‘Remy’ have the physical
characteristics of Pit Bull Cross Breeds; and, having reviewed all of the evidence and exhibits
submitted by Amanda Cioanca that ‘Precious’ and ‘Remy’ are good natured, but were identified
to her as being Pit Bull / Rottweiler Cross Breeds; the Committee agreed to affirm the
designation of Prohibited Dogs applied to ‘Precious’ and ‘Remy’, by the Kitchener-Waterloo and
North Waterloo Humane Society.
Pursuant to Chapter 530.11.5 of Kitchener’s Municipal Code, all decisions of the Dog
Designation Appeal Committee must be ratified or affirmed by Council before taking effect and
Council may ratify / affirm, rescind, add to, vary, or substitute the designation and any of the
restrictions imposed upon the keeping of a dog set out in the Committee’s decision. In this
regard, the recommendation contained herein will appear on the January 18, 2010, 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 December 15, 2009; thereby notifying both parties that
the Committee’s decision would be considered at the January 18, 2010 Council meeting.
ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services
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