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HomeMy WebLinkAboutSeptember 27, 2004VICKEI~NG Executive Committee Meeting Agenda Monday, September 27, 2004 7:30 PM Chair: Councillor McLean ADOPTION OF MINUTES Meeting of September 13, 2004 (11) 1. MATTERS FOR CONSIDERATION CORPORATE SERVICES REPORT CS 26-04 UPDATED CAT AND DOG BY-LAW PAGE 1-20 CORPORATE SERVICES REPORT CS 35-04 APPOINTMENT OF BY-LAW ENFORCEMENT OFFICERS 21-30 (111) OTHER BUSINESS (IV) ADJOURNMENT OOl RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Corporate Services Report CS 36-04 regarding a by-law update to regulate the keeping of cats and dogs as recommended by the PAW Joint Animal Services Committee, be received; and That the draft by-law attached to Report CS 26-04 to regulate the keeping of cats and dogs be enacted; and That the set fines for offences under the Cat and Dog By-law attached to Report CS 21-04, be approved. 002 ;:~spc~ ~ um ~e~': 'OS ~6-0'~ Date: Sap[ember 10, 2004 Bruce Taytor, AMCT, CMM City Clerk Subject: Updated Cat and Dog By-law Recommendation: That Corporate Services Report CS 26-04 regarding a by-law update to regulate the keeping of cats and dogs as recommended by the PAW Joint Animal Services Committee be received; and That the draft by-law attached to Report CS 26-04 to regulate the keeping of cats and dogs be enacted; and That the set fines for offences under the Cat and Dog By-law attached to Report CS 21-04 be approved. Executive Summary: As a housekeeping measure, a comprehensive review of the Cat and Dog By-law, which is basically the same in Pickering, Ajax and Whitby, was undertaken to ensure that the by-law provisions are current and relevant. The last comprehensive review of the By-law was conducted in 2000. Financial Implications: Not applicable Background: Please be advised that the PAW Joint Animal Services Committee passed the following motion at its meeting of May 18, 2004: That the Pickering-Ajax-Whitby Joint Animal Services Committee (PAW) recommend that the Councils of Ajax, Pickering and Whitby update their "Cat and Dog E~y-taw' in keeping with the recommendations contained in Treasurer's Report, item 5-04; and, 003 ?ha'; the Councils ,al ~he ~.~hree municipalities ,~dop~ ~he set fines for offences under their "Cat and Dog By-~aw" as recommended in the Report and make application to the ©ntario Court {Provincial Division) for approval of the set fines, Attached is a copy of PAW Treasurer's Report, Item 5-04, which the PAW Joint Animal Services Committee considered in conjunction with the above motion. The current Cat and Dog By-law was passed in 2000 and the main changes to this' proposed by-law are as follows: The proPOsed by-law would be enacted under the new Municipal Act. Rabies vaccinations are now good for three years as opposed to one year and this is reflected in the licensing provisions. References to licensing kennels has been removed and it is recommended that these be dealt with separately as has been the case with Picketing. A provision has been added to require an owner of an impounded animal to compensate PAW for the cost of veterinary care given to an animal while under the care of PAW. A dog shall be deemed to be howling or barking excessively if it does so repeatedly for a Period of twenty minutes or longer. Commencing January 1, 2005, the annual licence fee for a spayed or neutered cat/dog shall increase from $15.00 to $20.00 and the fee for an unaltered cat/dog shall increase from $25.00 to $40.00. The proposed by-law makes it an offence for the owner of a dog to allow the animal to interfere with or bite a person or domestic animal and allows the Animal Services Supervisor to impose a Muzzling Order where a dog has interfered with or bitten a person or domestic animal. The current by-law does not make any reference to a dog interfering with a person or domestic animal. I have attached to this Report a comparison of the Set Fines that are now imposed by the current Cat and Dog By-law and the proposed By-law. The only major change to the schedule of Set Fines are that fines, in addition to being subject to a Muzzling Order, will be imposed on the owner of a dog that has interfered with or bitten a person or domestic animal. The Set Fines proposed for these violations are: Allow a dog to interfere with a domestic animal Allow a dog to bite a domestic animal Allow a dog to interfere with a person Allow a dog to bite ~ person $80.00 $150.00 $175.00 $200.00 The PAW Treasurer recommends in his Report that the City of Picketing and Town of ,Ajax implement a lifetime registration for cats and dogs. The Town 5f Whitby introduCed a !ifetime registration for cats and dogs in 2001 and although revenue was very high in the first year of the program, it fell off in subsequent years because there are far fewer O94 aao~e' - ' .¢~ ;evenue achieved throu~h, the :¢uymg tags. The -i:oilowing ;s a comparison *" :sale of animal licences between the Town of Whitby and the City of Picketing over the past '~hree years: YEAR PICKERING WHITBY 2001 $67,903 $84,374 2002 $71,544 $45,285 2003 $73,725 $25,637 i would point out that the Council of the Town of Ajax has passed the new Cat and Dog By-law and have continued to provide annual licences as opposed introducing the lifetime licence program. I would .strongly recommend that Picketing also continue to provide annual licences. Attachments: PAW Treasurer's Report 5-04 Draft Cat and Dog By-law Proposed Schedule of Set Fines Prepared By: Bruce Taylor City Clerk Approved / Endorsed By: Gdhs A. Paterson Director, Corporate Services & Treasurer Attachments Recommended for the consideration of Picketing City Council Thomas J. Quinn, Chief Administrative Officer Bv-iaw Uodate to Reguiate the Keeping of Ca~ and Dogs That the ?Jckering-Ajax-Whltby Joint Animal Services Committee (PAW) recommend the Councils of Ajax, Picketing, and Whitby update their "cat and dog by-law" in keeping with the recommendations con~ained in Treasurer's Report, Item $-04; and, That the Councils of the three municipalities adopt the set fines for offences under their "cat and dog by-law" as recommended in the report and make application to the Ontario Court (Provincial Division) for approval of the set fines. Oriqin: As a housekeeping measure, a comprehensive review of the municipalities' "cat and dog by-law" has been undertaken to ensure the by-law provisions are current and relevant. The last comprehensive review of the by-law was conducted four years ago. Analysis: Housekeeping Revisions A number of housekeeping revisions are proposed to make the by-law current. They include, making reference to the new Municipal Act which came into force and effect on January :[st, 2003. changing the names of the"animal control and pound supervisor" and the "animal control officer" to "animal services supervisor" and "animal services, officer" to reflect recent initiatives undertaken by PAW to promote the "services" aspect of the operation, updating the rabies provisions of the by-law to reflect today's science and technology. At one time, rabies vaccinations had to be administered yearly but today's vaccinations last for an extended period of time. removing the requirement to Jicence kennels. Business licensing is a separate and distinct function from animal services and it is recommended that it be dealt with separately by each of the three municipalities. simp eying the formula usu to compute the impoundment fee ,,.n~rg_u rot imuounding an animal. Currentiv, the owner of an imoounded pet mua pay an impoundment fee of $20.00 for the first [redounding in a given year, $30.00 for the second impound ng ,~ the same calendar year and $50.00 for each subsequent impounding, in addison a maintenance fee of $5.00 for each day ~h~ animal is fm~ounded is charged. To s~mpti~¢ things it ~s ~ecommsnded tha~ an impoundmen~ fee of $~.00 be charged for each and ~vew day OF defining what"howling or barking excessively'"' means. For some time it has been an offence for an owner of a dog to aiiow the doe to howi or bark excessiveiy. It is proposed that the by-law be u~da~ed to further define just what"excessively" means. For the purpose of the byqaw, it is proposed that a dog be deemed to be howling or barking ,,,,~,,==,ve.y ,, it does so repeated y for a period of twenW minutes or longer. adding a severability clause to the by-taw for administrative and enforcement purposes. Pet Reqistration It is recommended that the cat and dog registration fees be increased to more closely reflect pet registration fees imposed in other municipalities in the greater Toronto area. The fee structure is based on the guiding principle of responsible and incenUve based pet ownership. The following summarizes the changes proposed to take effect on January ::[, 2005: TyPe of Pet Current Proposed _,Reclistrafion Fee Spayed or Neutered $35.00 $35.00 cat/dog (lifetime) Spayed or Neutered $15.00 $20.00 cat/dog (annual) Unaltered $2.5.00 $40.00 cat/dog (annual) Note: A $5.00 credit is applied to the registration fee if the pet has been implanted with microchip identification. :It is also strongly recommended that beginning next year Ajax and Picketing introduce an optional lifetime registration for spayed or neutered cats and dogs, similar to that introduced in Whitby in 2000. Pet registration provides a vatuable means of identification should a family pet become lost. Identification enables PAW to return the lost pet to its rightful owner. :identification also provides a crucial fink to the pet owner where a cat or doc] has scratched or bitten an individual. /dentification of the owner enable~ health officials to quickly check the animal's vaccination records. As indicated, the Town of Whitby introduced an ootionat !ifedme regis~ation program four !/ears ago as a means of enc,~uraain~ res~onsiNe ~et ownership through pe~. identification and ~ediizado~ -For'a sma~i ~ddi~ona[ regi~don fee, the owner of a s~a'v~ or neutered ca~ or doe can :egiszer ~e~r pe~ with the Town for the lire'of'the pet. No a~ditionai a~nua¢ ~e~i~ration fees apply so long as the pe[ owner ~i~es {n Whitby. Whitby's experience with lifetime pet ~e~istzation nas been ve~/positive. A significantly grea[er number of pets are now registered with the Town and annual revenues from pet registration used to defray animai se~ices cos~ have Kept pace with population growth, P=~ registration is an impo~'~ant component of P ' ' -- . AWe responsible pet ownership program. Ajax and Picketing are encouraged to implement an optional lifetime pet registration program similar to Whitbys beginning in 2005. Control of Dogs It is further recommended that a provision be added to the cat and dog by- law making it an offence for the owner of a dog to allow the animal to interfere with or bite a person or a domestic animal. Also, it is recommended that permission be given to the Animal Services Supervisor, at her discretion, to order a dog leashed and/or muzzled that has interfered with a person or domestic animal. Under the current by-law, a dog must bite a person or another animal before it can be ordered leashed and/or muzzled. Set Fines Finally, it is recommended that the set fines applying to the cat and dog by- law be updated to provide fines for the newly added provisions to the by-law. Also, it is recommended that the set fines for failing to remove animal excrement and allowing a dog to bark or howl excessively be increased from $105.00 to $115.00. Conclusions The attached cat and dog by-law and schedule of set fines' incorporate the proposed revisions contained in this report. It is recommended that the by-law and set fines be forwarded to the Councils of Ajax, Picketing and Whitby for approval. E~[istinq Potlic~: Refer to Analysis Alternatives: Refer to Analysis Fi~andai C~msid~rati~n_~. N/A ~V, ,~.~,~A~,. 5e~ion !'~ or the ?!unici~ai. Act, ..... ~_~, ~.~,, as amenaed, provides that !ower-tier munici~aiib/may ~ by-aws F~D~-~iRG animals; AND WHERBqS, the Council of the Corporation of ,'-.he Town of Whitby considers it necessary and expedient to pass a by-law to regulate the keeping of cats and dogs in the Town of Whitby; NOW THEREFORE, the Council of the CorpOration of the Town of Whitby enacts as follows: DEF~N~T'~ONS In this by-law, (a) '"animal services supervisor" means the animal services supervisor employed by the Corporation of the Town of WhitbY or his or her designate; (b) "animal services officer" means, (i) a person or class of persons designated as such by a by-taw of the Town and includes an animal control and pound attendant; and, (ii) the animal services supervisor; (c) "blind person" means a person to whom an identification card has been issued by the Attorney General or an officer of his or her Ministry, pursuant to the provisions of the Blind Persons' Riqhts Act, R.S.O. ::[990, c. B.7; (d) "cat" means a feline of the species fells catus; (e) "dog" means a canine of the species canis familiaris; (0 "dog guide" means a dog trained as a guide for a biind person and having the qualifications prescribed by the regulations made under the Blind Pe~ons' Riahts Ad', R.S.O. 1990; c.B.7; ~:dweiJing unit" means a .room or suite of CWo or more moms d~igned :.n~ended for resiaentia~ use by a person or persons in which cu[inar.¢ sanitaw conveniences are grovided for the ~xc~usJve use of such pe~on or perscns and having a private entrance .from out,de or from a common [qaitwav or ~i~ay inside and which Js ~oca~ed in a resJdendaiiy zoned 099 ~=g m~=n~ a disc or other shape of metai or piastic furnished by the Town as he:"einaf~er provided and suitabie to be securely fixed on 8 cat or dog .for the purpose of identification; (j) "Town" means the Corporation of the Town of Whitby; and, (k) "veterinarian" means a person i~8~istered to practice veterinary science under the Veterinarians Act, R.S.O. :[990, c. V.13, as amended. ,REGZSTRAT~ON OF CATS AND DOG, ,~, 2.(1) Evew owner of a cat or dog over the age of ::[2 weeks shall register the animal with the Town and shall maintain the registration in good status. (2) Every owner of a cat or dog shall annually renew the registration on or before the 1~t day of April in every year unless such owner has obtained a lifetime tag for the animal from the Town, (3) Before registering any cat or dog, the Town shall require the owner of the animal to produce evidence satisfactory to the Town that the cat or dog has been inoculated with a rabies vaccine and that the vaccination is current. (4) (b) Every owner of a cat or dog shall at the Ume or registering the animal pay a registration fee to the Town in. accordance With the following schedule of fees: (a) an annual registration fee in the amount of twenty dollars ($20.00) for a spayed or neutered animal, or alternatively, a one-time registration fee in the amount of thirty-five dolia~ ($25.00) valid for the life of the spayed or neutered animal; or, an annual registration fee in the amount of fo~, dollars ($40.00) for an unaltered cat or dog; rS' UBon ,~avment of the registration r%= the owner shaii be furnishec with .... ,-,, .~xe~ on the cat ar aoa at ail ~mes. owns: =.nd t?:s identification number of the if a tag is iost or misoiaceo for any reason, the owner =nab make application and upon payment of a replacement fee of five dollars ($5.00), snail be entitled to a replacement tag, CONTROl.. OF CATS AND DO~ For the purpose of this section, a cat or dog shall be deemed to be running at large when found in any place other than the premise or the owner of the cat or dog, and not under the control of any person. (2) Every owner of a dog shall keep the dog leashed and under the control of a person when the dog is off the premise of the owner, Untess prior consent is given by the person owning the land on which the dog is found; No owner of a dog shall knowingly or not knowingly allow the dog to interfere with or bite a person or domestic animal. (4) No owner of a cat of dog shall knowingly or not knowingly allow the cat or dog to run at large within the. limits of the Town. (5) Any person shall be enUtled to take charge of any cat or dog found running at large but shall forthwith deliver the cat or dog to an animal services officer. (6) Nothing in this section confers on any person adght to enter any premises. An animal services officer may seize and impound any cat or dog, (a) delivered to him or her under the provisions of Section 3 of this by-law; (b) found running at large, animal services officer shall re--ore possession of a cat or dog to the owner oniy hhe owner oavs 'cc the Town an ~ .... ="~ fe= the ..... ~ ;-.~0., 'rot each ~av ~, pa~ thereof that the :;mpounoed; and,. 'the cat or 4no~_ is ~=~_= ..... ~e~=4 under 6e~ion 2 of this by-~aw 011 Where, on the sixth day, exciusive of £undays and st~tuto~ noiid~ys, afl, er the of seizure and impounding, possession of the cat or dog has no~ been restored to ~he owner under Se~ion ~ of this by4aw, the animal sen¢ices supen/isor may, a~ his or her discretion. (a) sell or make a gi~ of the cat or dog; (b) eu~anize the ~t or dog in a humane manner; and no damage o~ compensation shall be recovered or recoverable on account of the animal's disposition or de~ru~on. (2) (3) Where a cat or dog seized and impounded is injured or should be euthanized without delay for humane reasonsi or for reasons of safety to persons or animals, the animal services supervisor may euthanize the cat or dog in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the cat or dog and without offering it for sale and no damages or compensation shall be recovered or recoverable on account it its destruction. Where the animal services supervisor deems it necessary to euthanize a cat or dog pursuant to the provisions of Subsection 6(2) of this by-law, the supervisor shall first make every effort possible and practical in the circumstances to contact the owner of the cat or dog and to permit the owner to transfer thi~ animal, at the owner's expense, to the office of a veterinarian. (2) MUZZLI:NG AND LEASH:lNG OF DOGS Where a dog has bitten or interfered with a person or domestic animal, the animal services supervisor may, at his or her discretion, order the dog to be muzzled or leashed or both, for a period of time to be determined by the animal services supervisor. Should the owner of the dog disagree with the order to muzzie and/or leash, he or she may appea the decision to the Pickering-Ajax-Whitby Joint Animai Se.~ices Committee. er{dot;ce ~resen<ed Dy doth the animai '.".en4ces supep/{sor and the owner of the dog, t ~e{ng unders<Ood that {n the interim betWeen the date of the order to rnuzzle a. nO/o? }eash and the da~e of the hearing of the appeal by the PicF. edng-.~a×-Whitbv Joint Anima{ Services Committee, the owner slnail compiy with the order anO the dog sfiail :emain mulled and/or !eashed. (~) At such time as the Pickering-Ajax-Whitby Joint Animal Semites Committee makes its decision to confirm, modify or quash the order, the decision shall be considered to be final and binding and the owner of the dog shall comply therewith. GENERAL Every owner of a cat or dog shall immediately remove excrement lelt by the cat or dog on property anywhere in the Town. NO owner of a dog shall, .knowingly or not knowingly, allow the dog to howl or bark excessively. For the purposes of this section a dog shall be deemed to be howling or barking excessively if it does so repeatedly for a period of twenty (20) minutes or longer. 10. No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned, or harboured, more than two (2) dogs in or about the dwelling unit. · EXCEPTIONS ii, Section 2 of this by-law shall not apply to owners of police work dogs and dog guides. PENALTIES ~-_,~. ~Anv ~e:'son who contravenes any of the provisions of this by-iaw is guiib/ of an offence and upon conviction thereof is iiabie 'co a fine of not more than $5,000.00: exclusive of co~, which shall be recoverabie under ~he provismns of the ?ovmc~a~ D~encas A~ an~ ail the provisions of t~e said A~.shail aDpJy ~ any ~rosecudon any offence under the provisions of this by-iaw. ~rcv~sions cf :his or-{aw. ~av out of :ou~ within five [~) .days frcm the aa~e ,3f' :ssua the woiation tlc~<e~, excius~ve of Saturdays, Sundays and ~u~on/noiid~vs, t~e sum !nOic3[ed on ~he violation ticke~. 013 ,~,EVERAB~L~r .~n the event any provisions of this by-law is deemed invalid or void, in whole or in part, by any court of competent jurisdiction the remaining terms and provisions shall remain in full force and effect. SHORT TTTLE 14. This by-law may be cited as the Cat and Dog By-taw. REPEAL OF L=~S'~NG BY'LAW; 15. By-law No. 4584-00 is repealed. .EFFECTIVE DATER 16.(1)The provisions of this by-law shall come into force and take effect on the day of bge finaJ passing thereof save and except Subsection 2(4). (2)The provisions of Subsection 2(4) of this by-law shall come into force and take effect on the 1~ day of .~anuary, 2005. BY-LAW READ A FZRST, SECOND AND THIRD TiNE AND FINALLY PASSED .THLrS DAY OF , A .... 2004. 014 d 8 015 3ein9 a by4aw to reguJate the Xeeping of cats and dogs. WHERF--AS Section "4 of the Municipai Act, S.O. 2001, c. 25, as amended, provides that a iower-tier municipality may pass byqaws respecting animals; and WHEREAS the Council of the Corporation of the City of Pickering considers it necessary and expedient to pass a by-law to regulate the keeping of cats and dogs in the City of Pickering; NOW THEREFORE THE COUNCIL OF THE CORPORATION Of THE CiTY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this by-law, (a) (b) (c) (d) (e) (O (g) (h) ¢) DEFINITIONS "Animal Services Supervisor" means the Animal Services Supervisor employed by the Corporation of the Town of Whitby or his or her designate; "Animal Services Officer" means, (i) a person or class of persons designated as such by a by-law of the City and includes an Animal Control and Pound Attendant; and~ (ii) the Animal Services Supervisor; "blind person" means a person to whom an identification card has been issued by the Attorney General or an Officer of his or her Ministry, pursuant to the provisions of the Blind Persons' Rights Act, R.S.O. 1990, c. B.7; "cat" means a feline of the species fells catus; "City" means the Corporation of the City. of Pickering; "dog" means a canine of the species canis familiads; "dog guide" means a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations made under the Blind Persons' Right Act, R.S.O. 1990, c B.7; "dwelling unit" means a room or suite of two or moro rooms designed or intended for residential use by a person or persons in which culinary and sanitary conveniences are provided for the exclusive use of such person or persons and having a pdvate entrance from outside or from a common hallway or stairway inside and which is located in a residentially zoned part of the City; "owner" includes a person possessing or harboudng a cat or dog within the City and, where the owner is a minor, the person responsible for the custody of the minor; (3) (4) (5) (6) (7) (8) (~) (2) (3) ;-dE~S ~ RA~ uON OF CATS AND DOGS Every owner cf a ca[ or dog over The age of animal with the City and shall maintain the registration in good status. Every owner of a cat or dog shall annually renew the r~-~JIStration on or before the 1~ day of Apdl in every year. Before registering any cat or dog, the City shall require the owner of the animal to produce evidence satisfactory to City that the cat or dog has been inoculated with a rabies vaccine and that the vaccination is current. Every owner of a cat or dog shall at the time of registering the animal pay a registration fee to the City in accordance with the following schedule of fees: (a) (b) an annual registration fee in the amount of twenty dollars ($20.00) for a spayed or neutered animal; or an annual registration fee in the amount of forty dollars ($40.00) for an unaltered cat or dog; The registration fee set out in Subsection 2(4) of this by-law shall be reduced by an amount of five dollars (5.00) for an animal implanted with microchip identification. Upon payment of the registration fee, the owner shall be fumished with a tag and shall keep the tag securely fixed on the cat or dog at all times. A tag shall bear an identification number and a record shall be kept by the City Clerk or other person designated for that purpose showing the name and address of the owner and the identification number of the tag. If a tag is lost or misplaced for any reason, the owner shall make application for, and upon payment of a replacement fee of five dollars ($5.00), shall be entitled to a replacement tag. CONTROL OF CATS AND DOGS For the purpose of this section, a cat or dog shall be deemed to be running at large when found in any place other than the premise of the owner of the cat or dog, and not under the control of any person. Every owner of a dog shall keep the dog leashed and under the control of a person when the dog is off the premise of the owner, unless pdor consent is given by the person owning the land on which the dog is found. No owner of a dog shall knowingly or not knowingly allow the dog to interfere with or bite a person or domestic animai. No owner of a cat or dog shall knowingly or no~ knowingly ailow the cat or dog to run at large within the limits of the City.. o An Animal Services Officer may seize and impound any cat or dog, (~) (2) deiivered to him or her under the provisions o¢ Section 3 of this (b) found Cunning at ~arge. (3) An Animal Services Officer shall restore possession of a cat or dog to the owner only where, (a) the owner claim possession of the cat or dog; and, (b) the owner pays an impoundment fee in the amount of fifteen dollars ($15.00) for each day or part thereof that the. cat or dog is impounded; and, (c) the cat or dog is registered under Section 2 of this by-law or shown to be exempt from registration; and, (d) the owner pays the cost of any veterinary care received by the cat or dog while impounded that the Supervisor of Animal Services deemed necessary for the well-being of the animal. Where, on the sixth day, exclusive of Sundays and statutory holidays, after the date of seizure and impounding, possession of the cat or dog has not been restored to the owner under Section 5 of this by-law, the Animal Services Supervisor may, at his or her discretion, (a) sell or make a gilt of the cat or dog; or, (b) euthanize the cat or dog in a humane manner; any no damage or compensation shall be recovered or recoverable on account of the animal's disposition or destruction. Where a cat or dog seized and impounded is injured or should be euthanized without delay for humane reasons, or for reasons of safety to persons or animals, the Animal Services Supervisor may euthanize the cat or dog in a humane manner as soon after seizure as he or she sees fit without permitting any person to claim possession of the cat or dog and without offedng it for sale and no damages or compensation shall be recovered or recoverable on account of its destruction. Where the Animal Services Supervisor deems it necessary to euthanize a cat or dog pursuant to the provisions of Subsection 6(2) of this by-law, the Supervisor shall first make every effort possible and practical in the circumstances to contact the owner of the cat or dog and to permit the owner to transfer the animal, at the owner's expense, to the office of a veterinarian. 017 018 (4) Should the awner of the dog disagree with the order ~.o muzzle ana/or ieash, he or she may appeal the decision to the P!cxering-Ajax-Whitby Joint Animal Services Committee. Upon receipt of notification of an appeal, the Pickedng-Ajax-Whitby ,~oin~ Animal Services Committee shall, as soon as is pract cable conduct a neadng and shall hear evidence presented by both the Animal Services Supervisor and the owner of the dog, it being understand that in ~:he intedm between the date of the order to muzzle and/or leash and the date of the headng of the appeal by the Pickedng-Ajax-Whitby Joint Animal Services Committee, the owner shall comply with the order and the dog shall remain muzzled and/or leashed. At such time as the Pickering-Ajax-Whitby Joint Animal Services Committee makes its decision to confirm, modify or quash the order, the decision shall be considered to be final and binding and the oWner of the dog shall comply therewith. o 10. GENERAL REQUIREMENTS Every owner of a cat or dog shall immediately remove excrement left by the cat or dog on property anywhere in the City. No owner of a dog shall, knowingly or not knowingly, allow the dog to howl or bark excessive{y. For the purposes of this section, a dog shall be deemed to be howling or barking excessively if it does so repeatedly for a pedod of twenty (20) minutes or longer. No person, being an owner, tenant or occupant of a dwelling unit, shall, knowingly or not knowingly, keep, own or harbour, or permit to be kept, owned, or harboured, more than two (2) dogs in or about the dwelling unit. 11. EXCEPTIONS Section 2 of this by-law shall not apply to owners of police work dogs and dog guides. 12. (1) (2) PENALTIES Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction thereof is liable to a fine of not more than $5,000.00, exclusive of costs, which shall be recoverable under the provisions of the Provincial Offences Act and all the provisions of the said Act shall apply to any prosecution for any offence under the provisions of this by-law. Notwithstanding the provisions of Subsection 12(1) of this by-taw, any person may, upon presentation of a violation ticket issued pursuant to this by-law alleging the commission of an offence through the contravention cf · 3ne or more of the provisions of this by-law, pay out of court within five .(.5) days from the date of issue the violation ticket, exclusive of Saturdays, Sundays and statutory, holidays, the sum indicated on the violation ticket. 019 !4. SHORT TITL',,=-. ,This ~vAaw may ~e cited as the Cat and Dog By-;aw. 15. REPEAL OF EXISTING 8Y-LAWS By-!aw Number 5728~00 is hereby repealed. (2) EFFECTIVE DATES The provisions of this by-law shall come into force and take effect on the day of the final passing thereof save and except Subsection 2(4). The provisions of Subsection 2(4) of this by-law shall come into force and take effect on the 1st day of January, 2005. BY-LAW read a first, second and third time and finally passed this 4th day of October, 2004. David Ryan, Mayor Bruce Taylor, Clerk O2O Shor~ F,o~m Wording C©L~UMN ~1 Provision Creating or Defining CQLUMN Proposed Set Wine {including C,OLUMN iV Present Set Fine (including i ! ~ i $45.00 , I i Fail to register cat/dog Section 2(1) $45.00 i 2 ' Fail to keep tag fixed on Section 2(4) $45.00 i $25.00 I cat/dog I 3 Fail to keep dog leashed Section 3(2) $65.00 $65.00 I on land other than owner 4 Allow dog to interfere with Section 3(3) $80.00 n/a a domestic animal 5 Allow dog to bite a Section 3(3) l $150.00 n/a domestic animal 6 Allow dog to interfere with Section 3(3) I $175.00 n/a a person 7 Allow dog to bite a person Section 3(3) $200.00 n/a 8 Allow cat/dog to run at Section 3(4) $65.00 $65.00 large 9 Fail to deliver cat/dog to Section 3(5) $35.00 $35.00 Animal Services Officer 10 Fail to keep dog muzzled Section 7(3) $155.00 $155,00 11 Fail to keep dog leashed Section 7(3) $155.00 $155.00 12 Fail to comply with order Section 7(4) $155.00 $155.00 to muzzle 13 Fail to comply with order Section 7(4) $155.00 $155.00 to leash 14 Fail to remove cat/dog Section 8 $115.00 $1~:00 excrement 15 Allow dog to howl or bark Section 9 $115.00 $105.00~ excessively 16 Keep more than two dogs Section 10 $75.00 $75.00 in a dwelling unit RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That the draft by-law to appoint persons to enforce the Parking By-law at 1345 Altona Road, 905 & 925 Bayly Street, 1915 & 1945 Denmar Road, 1310 Fieldlight Blvd., 1210 & 1235 Radom Street, 1530, 1540, 1625, 1655 & 1665 Pickering Parkway, 1958 & 1975 Rosefield Road, 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 1650 Kingston Road and 1885 Glenanna Road, be forwarded to Council for approval. 022 ;~ste: ~e.9~emB .... From: Bruce Taytor City.. C~erk Subject: Appointment to enforce the Parking By-law at 1345 Altona Rd., 905 & 925 Bayly St., 1915& 1945 Denmar Rd., 1310 Fieidlight Blvd., 1210 & 1235 Radom St., 1530, 1540, 1625, 1655 & 1665 Pickering Parkway, 1958 & 1975 Rosefleld Rd., 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 1650 Kingston Road and 1885 Glenanna Road. Recommendation: That the draft by-law to appoint persons to enforce the Parking By-law at 1345 Altona Rd., 905 & 925 Bayly St., 1915 & 1945 Denmar Rd., 1310 Fieldlight Blvd., 1210 & 1235 Radom St., 1530, 1540, 1625, 1655 & 1665 Pickering Parkway, 1958 & 1975 Rosefield Rd., 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 1650 Kingston Road and 1885 Glenanna Road, be forwarded to Council for approval. Executive Summary: Not Applicable Financial Implications: None Background: Correspondence has been received from Authorized Parking Only Ltd. and Group 4 Falck (Canada) Limited requesting the appointment of persons as By- law Enforcement Officers for the purpose of enforcing the Parking By-law at 1345 Altona Rd., 905 & 925 Bayly St., 1915 & 1945 Denmar Rd., 1310 Fieldlight Blvd.,, 1210 & 1235 Radom St., 1530, 1540, 1625, 1655 & 1665 Pickering Parkway, 1958 & 1975 Rosefield Rd., 1525 & 1535 Diefenbaker Court, 1000 & 1400 The Esplanade, 1650 Kingston Road and 1885 Glenanna Road. (.)23 AAacnmen~s: Correspondence from Authorized Parking Only LJmitee Corresponde;lce from G¢oup 4 Falck (Canada) Limited Correspondence from Durham Condominium Corp. No. 61 Draft By-law Prepared By: Debbie Watrous Committee Coordinator Approved t Endorsed By: A. Paterson, Director, Corporate Services & Treasurer BT:dw Attachments Approved/B~v: Bf~ce Taylor City Clerk Recommended for the consideration of Pickering City Council ..~/¢ Thomas J. Quin'~, Chief Administrative Officer O24 Advance 51vd.. Jnit '~ '~ · ,~a,,, Brampton, Ontario _6T ~Z7 ?hone: (4~ 6i 23i - -AGS August 26. 2004 Dear Debbie. As per your request the tbllowing is a complete list of our officers and the authoriZed tagging locations. Officers: Robert James Mitchell Darryl John Gordon Neil James Sugars Delon Fok Don Sunny-Guy David Daniels James Balendra David Dunstan Muhammad Malik Rujohn Galo Andrew Truong (New officer, not yet approved - Paperwork enclosed) Locations: 1345 Altona Road 905 Bayly Street 1915 Denmar Road 1310 Fieldtight Blvd 1655 & i665 Pickering Parkway 1235 Radom Street. Should you require any further information, please do not hesitate to contact me. Yours trulT, ........ Ruth Taylor General Manager O25 MUNiCI PA_ ~'~cL~ ~W ENFORCF'- MENT =lvd., Unit =hone: ~,~ 6) 23i - TAGS August;...,~4 2004 Cit~,. ' :°' , ' o t i Ici>:enn,~ ¢~ttentmn Debbie ()ne The Esplanade Pickering, Ontario L. 1V 6K7 Dear Debbie, We would like to have Andrew Truong added to our list of people authorized to issue parking infraction notices in the City of Picketing: Andrew Truong 89 Sugarhill Drive Bramptom Ontario LTA 3M4 Date of birth: August 23, 1978 Please add his name to the following approved properties: 905 Bayly Street, 1915 Denmar Road, 1310 Fieldlight Blvd, 1345 Altona Road, 1655 & 1665 Pickering Parkway, 1235 Radom Street. If you have any questions, please do not hesitate to contact me at 416-231-8247 or fax 905-793-7436. ours truly..- Ruth Taylor General M~(~ger 026 Sea,ember !3., 2004 Sent via ~ax: 905-420-0515 The Corporation of the Town of Picketing Councilor's Office One The Esplanade Pickering, Ontario L1V 6K7 Attention: Deborah Kearns Coordinator of Council Services Deborah Kearns, According to the records of this office the following persons need to be removed, as our company no longer employs them. TODD SISK SHERRI TROMLEY CANE STEVE CANNING t r~e ~ol owing are persons I need to i~e put through counciJ 'For byiaw certification ~t ~he foiJowing Picketing; --" ~ DCC#42 DCC#58 DCC#60 DCC#136 DCC#139 DCC#152 OCC#2 OCC#11 12'; ORADOM DCC #32 !360 G LENANNA i310 F1ELDLiGHT 8LVD DCC#51 i958 ROSEF~ELD 1975 ROSEFiELD 19t5 DENMAR RD !525/35 DIEFENBAKER COURT & 1530/40 PfCKERING PARKWAY 1000/1400 THE ESPLANADE CASITAS MILLENIUM 1625 PICKERING PARKWAY 925 8AYLY 1235 RADOM 1650 KINGSTON ROAD 1885 GLENANNA ROAD MATTEO MARTiRE LIC#063439 CYNTHIA ENGLISH LIC# 052216 JOAN HALKET LIC#045490 i SCOTT SMITH LIC#057100 i TONY MURRAY LIC#054670 ~ Your attention to the above matters is greatly appreciated. Please contact myself when the above persons have been authorized or if any questions arise. Thank you Peter Lawrence, CPO Operations Supervisor Group 4 Falck Canada Ltd Oshawa ~.ranch O25 Box 6..06 ~,tV 3T3 August 5, 2004 CiW of Picketing, One The Esplanade, Picketing? Ontario.. L1V 6K7 Atto: .Debbie Keams RE: Par,kiflg. Enfo~eemem at 194..5, I~nmar Road, Piekerin_~..Omarie. Dear Ms. Keams: I am requesting that you ~emove the names efNadine Hyatt, Roger Chin mad peter Lachamb.~ as MuniCiPal Law Enfo. rcemem Offieet~ for the al~.'ve Thw/m no longer here and .do not wiah to e0.fitinue .the r~a~nsibilities ~f parking tickets. W.~ Woul.d .the~.~ like to. nicely to have Ms,Klm Lendvay insmt~ who Would l~e to t~.e ~ a~ive mil ~ a M~ci~ law B~0~~ Offi~ for As she lives off site we feel this will be more beneficial to us. Ms. Len..dvay's addi, ess is 1~-5 Ravetisemft, Ajax, Ontario. H~r ~ih0ne numl~r is 00~686,6237. We look forward to hearing fi'om you at your earliest eonverfi~nee. Y 6ur~ "~ Hyatt ~ 530. '~ ~40. ': 825. I655 & 1665 Pisxerin9 Parkway. ' 958 a ': 975 ~osefie~ ~d.. 1525 & '~ 535 DiefenbaKer Coua, -100O & i 408 The ., ,H,- .... S i~rsuant To section i5¢) of the Poi~ce Se~ices Act, R.S/~. , amended, a munic~oa~ ~ounc~i may appoint oersons to enforce the ~v4aws municipali~; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-taw enforcement officers are peace officers for the purpose of enforcing municipal by-laws: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CiTY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times uPon tands municipally known as: a) 1345 Altona Road, 905 Bayly Street, 19i5 Denmar Road, 1310 Fieldlight Blvd., t655 & 1665 Picketing Parkway and 1235 Radom Street: Andrew Truong b) 1210 & 1235 Radom Street, 1310 Fietdlight Bird., 1958 & 1975 Rosefieid Rd., 1915 Denmar Rd., 1525 & 1535 Diefenbaker Court, 1530, 1540 & 1625 Picketing Pkwy., 625 Bayly Street, 1360 & t885 Glenanna Road, 1000 & 1400 The Esplanade and 1650 Kingston Road: Matteo Martire Scott Smith Cynthia English Richard Bell Joan Halket Tony Murray c) 1945 Denmar Road: Kim Lendvay The authority granted in section I hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. ¸3. These appointments shall expire upon the person listed in sec~Jon l(a) ceasing to be an employee of Authorized Parking Only Ltd. or upon Authorized Parking Only Ltd. ceasing to be agents for 1345 Altona Road, 905 Bayly Street, 1915 Denmar Road, 1310 Fie!dlight t~lvd., 1655 & 1665 Picketing Parkway and 1235 Radom Street. or uBon the persons ~isted in section l(b) ceasing to be employees of ~roup 4 Faici~ (Canada) Limited, or upon Grouo 4 Faick iCanada) Limited ;easia~ to be ager~ts for ....~.~ ~ O a .... ~ Radom S~r~t. ~-'~n;c. ~ u, Fieidtight 31vd.. 1958 & ':975 Rosefieid ?.d., ¢915 Oenmar Rd., !525 & 1535 ©iefenbaker Caul, ':530, · 1540 & 1625 Picketing Pkwy., 825 8ayiy Street, i380 a 1885 Gienanna Road. 1000 & '!400 'The Esplanade and !850 Kingston i~oad or upon wh¢cnever s~ait occur '~kst. Bruce Taylor,City Clerk