HomeMy WebLinkAboutCS 38-06
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 38-06
Date: June 26, 2006
From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Public Meeting
Notice of the Passing of a Responsible Pet Ownership By-law
Recommendation:
1. That Report CS 38-06 of the Director, Corporate Services & Treasurer be
received;
2. That a public meeting be held on June 26, 2006 for the purpose of soliciting
comments with respect to the proposed Responsible Pet Ownership by-law; and
3. That upon review of the comments, the City Clerk present the by-law at the July
24, 2006 meeting of City Council.
Executive Summary:
With the implementation of the new Animal Services Section of the Clerk's Division, it
was determined that the current Cat and Do,g By-law #6373/04 would need to be
reviewed. Upon review, the current by-law makes various references to Pickering-Ajax-
Whitby Animal Services and is written in a way that Animal Services is unable to
enforce certain section (keeping of animals, public safety, barking dogs) and does not
outline the updated fees associated with our service. Upon a complete review it is
prudent for us to update it accordingly.
Financial Implications:
There are no financial implications associated with this by-law.
Background:
The Cat and Dog by-law has been updated a number of times, the last revision in 2004.
At the present time, By-law 6373/04 has various amendments, and it is necessary to
complete some vital changes within the by-law to incorporate the vision and mandate to
the new Animal Services Section.
Report CS 38-06
Subject: Responsible Pet Ownership By-law
Date: June 26, 2006
Page 2
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In accordance with Subsection 238(4) of the Municipal Act, 2001, before passing a
regulatory by-law, "a municipality and local board shall give notice of its intention to
pass the by-law." Accordingly, notice was given of the public meeting on June 26, 2006
in the News Advertiser and posted on the City's website. A copy of the notice is
included as Attachment NO.1 to this report. To date no written submissions have been
received in this regard.
Highlights of the proposed changes are noted below, and a copy of the proposed by-
law is included as Attachment No.2 to this report.
Highlights of the draft Responsible Pet Ownership By-law, as currently proposed:
.. Preamble to reflect the current Munìcìpal Act provisions and title to reflect the
current wording within the Municipal Act;
· Implementation of 'Interpretation' section;
· Implementation of 'Minimum Animal Care Requirements' section;
· Implementation of 'Order to Restrain' process and section;
· Implementation of the Animal Services Committee
· Implementation of specific restrictions for dogs that pose a safety risk to the
public
· Address the matter of barking dog complaints
· Implementation of restrictions for the number of cats allowed to reside within a
dwelling
· Increase in the number of dogs allowed to reside within a dwelling
· Implementation of Schedule A (Licence, Impound and Service Fees)
Attachments:
1. Notice of Public Meeting
2. Draft Responsible Pet Ownership By-law
Prepared By:
Approved I Endorsed By:
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llndsey Brenner
Supervisor, Animal Services
Debi A. Bentley
City Clerk
CORP0227 -07/01
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Report CS 38-06
Subject: Responsible Pet Ownership By-law
Date: June 26, 2006
Page 3
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Gillis A. Paterson
Director, Corporate Services & Treasurer
Copy: Chief Administrative Officer
Recommended for the consideration of
Pickering City Council
CORP0227 -07/01
Report CS 38-06
Subject: Responsible Pet Ownership By-law
Date: June 26, 2006
Page 4
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ATTACHMENT NO.1 TO CS 38-06
NOTICE OF PUBLIC MEETING
Passing of a
Responsible Pet Ownership By-law
TAKE NOTICE that the Executive Committee of Council of the Corporation of the City
of Pickering will hold a public meeting on Monday, June 26, 2006 at 7:30 pm in the
Council Chambers, Pickering Civic Complex, One The Esplanade, Pickering, Ontario,
pursuant to the Municipal Act, to consider a new Responsible Pet Ownership By-law.
This by-law will repeal the existing Cat & Dog by-law, 6373/04.
The purpose of the meeting is to inform the public about the proposed Responsible Pet
Ownership by-law and to solicit public input. Any person wishing to address Council
with respect to this matter must contact the undersigned on or before noon of Friday,
June 23, 2006 to register as a delegation. The Council will also consider any written
submissions.
Copies of the report and proposed by-law will be available on or after June 23, 2006
during regular business hours. The report and by-law will also be available on the City's
website at cityofpickering.com.
Any comments or requests for further information regarding the proposed Responsible
Pet Ownership by-law may be directed to the City Clerk at 905.420.4660, ext. 2153.
Dated at the City of Pickering this 31st day of May, 2006.
Debi A. Bentley, CMO, CMM III
City Clerk
CORP0227 -07/01
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a By-law for Responsible Pet Ownership
WHEREAS Sections 9 and 11 of the Municipal Act, 2001 authorize the City to pass
a by-law to (a) regulate animals; (b) provide for a system of licences, permits,
approvals or registrations respecting animals; and (c) impose conditions as a
requirement of obtaining, continuing to hold or renewing a licence, permit, approval
or registration;
WHEREAS Section 103 of the Municipal Act, 2001 authorizes the City to pass a
by-law to provide for the seizure and impounding of animals being at large or
trespassing and the sale of impounded animals under certain conditions;
WHEREAS Section 105 of the Municipal Act, 2001 requires Councilor a
Committee of Councilor an animal control officer of the City to hold a hearing to
determine whether to exempt an owner in whole or in part from muzzling
requirements of a dog, when so requested by the dog owner;
WHEREAS Section 391 of the Municipal Act, 2001 authorizes the municipality to
pass by-laws imposing fees or charges on any class of persons for services or
activities provided or done by or on behalf of it; and
WHEREAS the City of considers it necessary and expedient to pass a by-law to
regulate the keeping of pets in the City.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Interpretation
1. In this by-law and in the recitals above,
"animal" means a dog or a cat;
"Animal Services Committee" means the Animal Services Committee
appointed by City Council;
"Animal Services Supervisor" means the Animal Services Supervisor
employed by the City or his or her designate;
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"Animal Services Officer" means any employee of the City whose duties
include the enforcement of this by-law and related animal legislation in the
City and includes the Animal Services Supervisor;
"at large" means when an animal is found in any place other than the
premises of the owner and not under the control of any person;
"cat" means a feline of the species felis catus;
"City" means the Corporation of the City of Pickering or the geographic
area of the City of Pickering as the context requires;
"dog" means a canine of the species canis familiaris;
"lead" means a nylon or leather strap designed to restrain the breed of
animal it is controlling;
"microchip" means an electronic microchip encoded with information that
has been implanted in an animal;
"muzzle" means a humane fastening or covering device of adequate
strength and design, which is suitable to the breed of dog that fits over the
mouth of the dog to prevent the dog from biting or attacking a person or
domestic animal but does not include a halti or promise collar;
"Order" means an Order to Restrain issued by the City and, for purposes
of sections 41, 42 and 43 includes an order issued under By-law 6373/04
or any predecessor by-law;
"owner" means the owner of an animal and includes a person possessing
or harbouring an animal within the City and, where the owner is a minor,
the person responsible for the custody of the minor;
"sterilized" means spayed, neutered, castrated or otherwise operated on by
a veterinarian to prevent conception;
"tag" means a disc or other shape of metal or plastic furnished by the City
that bears an identification number and is suitable to be securely fixed on
an animal for the purpose of identification; and
"veterinarian" means a person registered under the Veterinarians Act.
2. Schedule "A" (Licence Fees, Impoundment Fees and Service Fees) is
attached to and forms part of this by-law.
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3.
Unless otherwise specified, references in this by-law to sections,
subsections, clauses and Schedules are references to sections,
subsections, clauses and Schedules in this by-law.
4.
If a court of competent jurisdiction declares any section, or any part of any
section, of this by-law to be invalid, or to be of no force or effect, it is the
intention of the City that every other provision of this by-law be applied
and enforced in accordance with its terms to the extent possible according
to law.
5.
References in this by-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to time
be amended, extended or re-enacted.
6.
This by-law shall be read with all changes in gender or number as the
context may require.
Registration
7. On or before December 31 in each year, every owner of an animal that is
over the age of 12 weeks shall register the animal with the City and shall
maintain the registration in good status.
8. Every person who becomes an owner at any time during the calendar year
shall register the animal with the City and shall maintain the registration in
good status.
9. Every owner at the time of registering the animal shall pay a licence fee to
the City in the amount prescribed in Schedule "A".
10. Every animal licence issued shall expire on December 31 of the calendar
year for which it was issued.
11. No owner shall provide false information when registering an animal.
12. Upon payment of the licence fee, the owner shall be provided with a tag
and such tag shall be securely fixed on the animal to which it was issued
at all times.
13. (1) The City shall keep a record showing the name and address of the
owner and the identification number of the tag.
(2) Any changes to the animal's identification, including sterilization
status, shall be provided in writing to the City.
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14. (1) Every owner shall notify the City in writing if the animal is sold,
gifted or transferred to another person within 14 days of the change
of ownership.
(2) Every owner shall remain liable for the actions of the animal until
formal written notification of sale, gift or transfer to another person
is provided to the City.
Minimum Animal Care Requirements
15. Every owner shall provide or cause the animal to be provided with
adequate food, water and veterinary care as required to maintain the
health and well-being of the animal.
16. Where an animal is customarily kept outside, the owner shall at all times
provide a structurally sound area that,
(a) offers shelter and appropriate protection from heat, cold and wet
conditions having regard for the animal's weight and type of coat;
and
(b) provides sufficient space to allow the animal the ability to turn about
freely and to easily sit, stand and lie in a fully extended position.
17. No owner shall keep any animal in the City tethered on a chain, rope or
similar restraining device that unduly restricts the free movement of the
animal.
Animals Running at Large
18. No owner shall allow an animal to run at large within the limits of the City.
19. Every owner of a dog shall keep it on a lead and under the control of a
person when the dog is off the premises of the owner, unless the person
owning the land on which the dog is found has given prior consent.
20. Any person shall be entitled to take charge of an animal found running at
large but shall forthwith deliver the animal to an Animal Services Officer.
21. Nothing in section 20 confers upon any person the right to enter any
premises.
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Seizure and Impoundment
22. An Animal Services Officer may seize and impound any animal,
(a) delivered to him or her under section 20; or
(b) found running at large.
23. The City shall restore possession of an animal to its owner only where,
(a) the owner claims possession of the animal;
(b) the owner pays the impoundment fee set out in Schedule "A";
(c) the animal has been registered with the City; and
(d) the owner pays the cost of any veterinary care received by the
animal while impounded that the City deemed necessary for the
well-being of the animal.
24. Where, on the sixth day, exclusive of Sundays and statutory holidays,
after the date of impounding, an animal has not been returned to its
owner, the Animal Services Supervisor may at his or her discretion and
subject to the Animals For Research Act either (a) sell or make a gift of
the animal; or (b) euthanize the animal in a humane manner, and no
damage or compensation shall be recovered or recoverable on account of
the animal's disposition or destruction.
25. Where an animal that has been 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
animal in a humane manner as soon after seizure as he or she sees fit
without permitting any person to claim possession of the animal and
without offering it for sale and no damages or compensation shall be
recovered or recoverable on account of the animal's destruction.
26. Where the Animal Services Supervisor deems it necessary to euthanize
an animal pursuant to section 25, he or she shall first attempt to contact
the owner of the animal and to permit the owner to transfer the animal, at
the owner's expense, to the office of a veterinarian.
27. Any animals destroyed under this by-law shall be disposed of in such a
manner the City may determine.
28. The City shall keep a record of all animals seized and impounded
pursuant to this by-law.
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Orders to Restrain
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29. The City shall investigate any dog bites and/or complaints relating to
threatening or aggressive dogs that have been reported to the City.
30. Where an Animal Services Officer has investigated and has reason to
believe that a dog has placed a person or domestic animal at risk of
physical harm, the Animal Services Officer may issue an Order to the
owner of the dog.
31. Where an Animal Services Officer has investigated and has reason to
believe that a dog has bitten, attacked or otherwise acted aggressively
towards a person or domestic animal, the City may issue an Order to the
owner of the dog.
32. (1) No Order shall be effective until the owner of the dog has been
served with a copy of the Order.
(2) Service shall be effected by delivering the Order personally to the
owner of the dog or by leaving it for the owner at the owner's last
known or usual place of abode with an inhabitant thereof who
appears to be at least 16 years of age or by registered mail to the
owner's last known address.
(3) If service is by mail, service shall be deemed to have been effected
five (5) days after mailing.
33. (1) An owner who has been served with an Order may apply to the
Animal Services Committee for a hearing.
(2) To receive a hearing, the dog owner or the dog owner's agent must
complete a written request for a hearing and have it delivered to the
City Clerk within 10 business days of the Order being served.
34. Upon receipt of a request for a hearing, the City shall, as soon as is
practicable, notify the owner and any victim(s) of any attack of the date,
time and location of the hearing.
35. In the interim between the date of the Order and the date of the hearing of
the appeal, the owner shall comply with the Order and the dog shall
remain muzzled and/or on a lead.
36. Following a hearing, the Animal Services Committee shall determine
whether or not to exempt the owner in whole or in part from the Order.
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37.
If an owner fails to appear at a hearing, the Order shall be deemed to be
in full force and effect as if no appeal had been filed.
38.
The decision of the Animal Services Committee shall be final and binding.
39.
Where an Order has been issued and no appeal has been filed, the
owner, at his or her expense, shall,
(a) have the dog that is subject to the Order,
(i) licensed and photographed within twenty-one (21) days of
being served with the Order;
(ii) microchipped within twenty-one (21) days of being served with
the Order;
(iii) sterilized within 4 months of being served with the Order; and
(iv) enrolled in an obedience training class within 6 months of
being served with the Order; and
(b) restrain the dog in accordance with any written directives given by an
Animal Service Officer.
40. Clauses 39(a)(ii) and (iii) shall not apply in situations where a veterinarian
states, in writing, that the dog cannot be microchipped or sterilized due to
health and/or medical risks to the dog.
41. No person shall fail to comply with an Order.
42. When off the premises of the owner, a dog which is the subject of an
Order shall be,
(a) muzzled and on a lead not longer than 2 metres in length and in a
manner that restricts it from chasing, injuring or biting other
domestic animals or humans as well as preventing damage to
public and/or private property; and
(b) under effective control of a responsible person over sixteen years
of age.
43. When on the premises of the owner, a dog that is the subject of an Order
shall be kept,
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(a) indoors in a manner that respects its environmental needs and
prevents the dog from having contact with persons who have not
consented to contact; or
(b) outdoors in a pen or other enclosure that respects its environmental
needs and prevents the dog from leaving the owner's property and
from coming into contact with persons and other animals.
Animal Surrender
44. An Animal Services Officer may accept the transfer of ownership of an
animal from an owner to the City upon,
(a) receipt of a written request from the owner accompanied by
payment of the appropriate fee prescribed in Schedule "A";
(b) determination by the Animal Services Officer that the animal can
reasonably be expected to be placed in a new home;
(c) receipt of any other information the Animal Services Officer
requests; and
(d) space being available to shelter the animal.
General Requirements
45. Every owner shall immediately remove excrement left by the animal on
property anywhere in the City and dispose of it in a hygienic manner.
46. No owner shall allow the animal to make noises including, but not limited
to, persistent barking, calling, howling, whining or crying at frequent or
lengthy intervals, that are likely to disturb the inhabitants of the City.
47. (1) In this section, "dwelling unit" means a room or suite of two or more
rooms designated 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
private entrance from outside or from a common hallway or
stairway.
(2) No person residing in a dwelling unit on lands zoned residential
shall keep or own more than three (3) dogs in or about the dwelling
unit.
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(3)
No person residing in a dwelling unit on lands zoned residential
shall keep or own more than four (4) cats in or about the dwelling
unit.
Exceptions
48. (1)
In this section, "guide dog" has the same meaning as in the Blind
Persons' Rights Act.
(2) Section 45 shall not apply to guide dogs.
49. This by-law shall not apply to active police dogs.
50. Upon presentation of a certificate from the registering agency, the owner
of a medical aid dog shall be exempted from payment of a licence fee.
51. Where the owner of an animal is a non-resident of Pickering, and his or
her animal will not be kept within Pickering for a time period longer than
thirty (30) days in anyone (1) calendar year, the owner shall not be
required to comply with section 7.
52. Section 18 shall not apply where on the premises of any television or film
studio such animals are being kept temporarily for the purpose of a
television production.
53. A veterinarian shall not be considered an owner of an animal for the
purpose of this by-law where the animal has been brought upon his or her
premises for care or treatment.
Penalties
54. 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 this by-law.
Short Title
55. This by-law may be cited as the Responsible Pet Ownership By-law.
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Repeal
56. By-law No. 6373/04 is repealed.
57. Notwithstanding section 56, any Order issued under By-law 6373/04 or
any predecessor by-law shall remain in full force and effect.
Effective Date
58. This by-law shall come into effect on the day of its passing.
BY-LAW read a first, second and third time and finally passed this _ day of
,2006.
David Ryan, Mayor
Debi A. Bentley, City Clerk
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SCHEDULE "A"
CA TIDOG LICENCE FEES
Sterilized dog or cat
Replacement tag
$35
$20.00
$15.00
$5.00
Unsterilized dog or cat with microchip
Sterilized dog or cat
Sterilized dog or cat with microchip
IMPOUNDMENT FEES
1S occurrence
2" or subse uent occurrence
Daily Care Fee: Every animal that is impounded is
subject to an additional charge for every day or part
of a day after the day the animal is brought into
impoundment.
1 S occurrence
2" or subse uent occurrence
Daily Care Fee: Every animal that is impounded is
subject to an additional charge for every day or part of
a day after the day the animal is brought into
im oundment.
In addition to the fees detailed above, every owner of a
dog or cat not licensed for the current year who is a
resident of the City is also required to pay the licence
fees in addition to the impoundment fees
See Cat/Dog
License Fees
above
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SERVICE FEES
Transfer of ownership of an animal that has been taken
directl to the animal shelter
Transfer of ownership of a dog, cat picked up by the
Animal Services Officers, during normal working hours
excludin Sunda sand holida s)
Transfer of ownership of a dog or cat, picked up by the
Animal Services Officer, outside regular business
hours.
$65.00
$75.00
$90.00