HomeMy WebLinkAboutCS 13-08
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 13-08
Date: April 14, 2008
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From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Notice of the Passing of Pet Shops By-law.
Notice of the Passing of Boarding Kennel By-law.
Notice of the Passing of Animal Breeding By-law.
Recommendation:
1. That Report CS 13-08 of the Director, Corporate Services & Treasurer, be
received;
2. That By-law No. 6299/04, being the Pet Shops and Kennel by-law, be repealed and
three separate by-laws: Pet Shops, Boarding Kennel and Animal Breeding By-laws
Be enacted; and
3. That the appropriate officials of the City of Pickering be given the authority to give
effect thereto.
Executive Summary:
As part of the review process of departmental policies and procedures, along with staff and
customer feedback, it is in keeping with best practices that changes to the Pet Shops and
Kennel By-law No. 6299/04 be made. It is being recommended that By-law 6299/04 be
repealed and three separate by-laws be implemented.
Financial Implications:
An increase of $250 per licence is being recommended to cover enforcement and
administrative cost recovery.
Aside from the establishment of licensing fees, there are no financial implications
associated with this by-law.
Sustainability Implications:
The City of Pickering is committed to meeting the needs of all its citizens. Reviewing and
updating by-laws is one way to continually assess our service delivery and remove barriers
where they exist.
Report CS 13-08
Date: April 14, 2008
Subject: Repeal of Pet Shops and Kennel By-law NO.6299/04
20
Page 2
Licensing within the City of Pickering is an integral part of a sustainable community in the
areas of a healthy society and healthy community.
Background:
As part of the Clerks Division review process of departmental policies and procedures, the
Animal Services Section reviewed comments, concerns and suggestions from local
businesses, residents and staff regarding the Pet Shop and Kennel by-law No. 6299/04.
We have also come to realize that licence fees did not recover our costs. In order for the
City to realize cost recovery we are recommending that the licence fee for each by-law be
established at $250.00.
Due to the amount of changes we are recommending that the Pet Shop and Kennel By-law
No. 6299/04 be repealed in its entirety and three new by-laws be enacted in order to keep
the by-law effective and easy to read.
Key highlights to the draft by-laws are as follows:
application process to include criminal reference checks, insurance requirements;
definition of boarding kennels to include dog daycare;
definition and requirements for animals being sold as pure breeds vs. cross breeds;
process and requirements for animal breeding within a dwelling unit;
regulations specific to sales, care of animals, housing of animals, facility
requirements and records;
processes to ensure that licensees have written animal care procedures dealing
with handling animals, sickness, injury or death, and contact information for a
veterinarian.
The draft by-laws have been reviewed and approved by the City Solicitor.
Attachments:
1 Draft Pet Shops By-law.
2 Draft Boarding Kennel By-law.
3 Draft Animal Breeding By-law.
Report CS 13-08
Date: April 14, 2008
Subject: Repeal of Pet Shops and Kennel By-law NO.6299/04
Page 3
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Prepared By:
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Lindsey Brenner
Supervisor, Animal Services
Approved I Endorsed By:
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Debi A. Wilcox
City Clerk
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Gillis Paterson
Director, Corporate Services & Treasurer
Cop : Chief Administrative Officer
Recommended for the consideration of
Pickering ,- y C uncil
I ATTACHMENT # I TO REPORT # {,S I, 3 Crz>
THE CORPORATION OF THE CITY OF PICKERING
22
BY-LAW NO. 108
A by-law to licence pet shops
WHEREAS Subsection 11 (3)9 of the Municipal Ad, 2001 authorizes the City to pass by-
laws respecting animals; and
WHEREAS Section 150 of the Municipal Act, 2001 authorizes the City to provide for a
system of licences with respect to any business wholly or partly carried on within the
City; and
WHEREAS the City deems it necessary to provide a system of licensing for pet shops.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I-INTERPRETATION
Definitions
1. In this by-law,
"animal" means a dog, cat or any other pet that is generally understood to be
domesticated and is typically kept indoors;
"applicanf' means a person who applies for a licence;
"breeder" means a person who keeps animals for the purpose of breeding the
offspring for sale;
"City" means The Corporation of The City of Pickering or the geographical area
of Pickering, as the context requires;
"City Clerk" means the City Clerk or a designate;
"cross breed" means the offspring of more than one breed of animal without
registration papers;
"licence" means a licence to operate a pet shop issued in accordance with this
by-law;
"licensee" means a person to whom a licence has been issued;
Pet Shop Licensing By-law No. XXXXl08
Page 2
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"medical records" means documentation prepared by a veterinarian that verifies
an animal's past or current health condition;
"person" includes a corporation and the heirs, executors, administrators or other
legal representatives of a person to whom the context can apply according to
law;
"pet shop" means every shop, place or premise in which animals are sold or kept
for sale as pets but does not include a breeder;
"pure-bred" means a breed of dog or cat that has registration papers;
"registration papers" means documentation from an authorized association under
the Animal Pedigree Act stating that an animal is a recognized pure-bred; and
"veterinarian" means a person licensed under the Veterinarians Act.
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Schedule
5. Schedule 1 (LICENCE FEES) is attached to and forms part of this by-law.
6. Unless otherwise specified, references in this by-law to Parts, sections and
Schedules are references to Parts, sections and Schedules in this by-law.
Conflicts
7. If a provIsion of this by-law conflicts with a provIsIon of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall
prevail.
Severability
8. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
Pet Shop Licensing By-law No. XXXXl08 Page 3
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reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
PART 11- APPLICATIONS
Submission of Applications
9. All licence applications shall be completed and submitted on forms provided by
the City.
10. Every application shall be submitted with the applicable fee set out in Schedule
1.
11. Every applicant shall submit to the City Clerk,
(a) where applicable, a copy of a lease or written permission from the owner
or property manager of the property where the pet shop is to be located
and operated;
(b) a copy of the applicant's general insurance liability policy in the amount of
not less than two million dollars ($2,000,000.00) that provides that the City
shall be given at least 10 days notice in writing prior to any cancellation,
expiration or variation in the amount of the policy;
(c) an original criminal reference check not more than 30 days old for the
applicant(s) or, where the applicant is a corporation, for every person who
will be in charge of the pet shop during the term of the licence;
(d) a brief description outlining the number and species of animals to be kept
and sold; and
(e) the name and contact information of the veterinarian used by the
applicant.
Issuance of Licence
12. The City Clerk may approve or refuse any licence application, and may impose
any conditions upon an approval as he or she determines to be appropriate.
13. In addition to every other requirement imposed by this by-law, every licence is
issued subject to the condition that all federal, provincial and municipal laws, by-
laws, rules, regulations, orders, approvals, permits, standards, and all other
governmental requirements applicable to the operation of the pet shop must be
complied with.
14. Upon the issuance of a licence, the licensee shall be exempt from the purchase
of dog and cat licences under the City's Responsible Pet Ownership By-law.
Pet Shop Licensing By-law No. XXXXl08
Page 4
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Disqualifications
15. The City Clerk shall refuse to issue a licence if,
(a) all of the information and documents that the applicant is required to
provide under this by-law have not been provided and verified;
(b) the licence fee has not been paid;
(c) the applicant has submitted false information in support of the application;
(d) the issuance of the licence would contravene any of the provisions of this
by-law, the Ontario Building Code, the Fire Protection and Prevention Act,
any applicable zoning regulations, or any other applicable law;
(e) the proposed location for the pet shop is a dwelling unit; or
(f) the applicant has been convicted of a crime against animals.
Exemptions
16. No licence shall be required for,
(a) an animal shelter operated by or on behalf of the City;
(b) a recognized animal rescue organization or other organization approved
by the City dedicated to protecting the rights of animals;
(c) a publicly funded educational institute;
(d) a facility in which animals are placed for care pursuant to the Pounds Act;
(e) an animal shelter operated by a branch or affiliate of the Ontario Society
for the Prevention of Cruelty to Animals; or
(f) a licensed veterinary hospital or clinic.
Term
17. Every licence shall be valid for a period of one year from the date of issuance
unless it is revoked or suspended.
Transfer
18. A licence shall not be transferable.
Pet Shop Licensing By-law No. XXXXl08
Page 5
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PART 111- REGULATIONS FOR LICENSEES
General
19. Every licence shall be posted in a conspicuous place in the pet shop.
20. Every licensee shall maintain and make readily available to personnel at all times
written animal care procedures dealing with, amongst other matters, methods of
handling animals, sickness, injury or death, and contact information for a
veteri narian.
21. Every licensee shall take all reasonable and humane steps to prevent a nuisance
caused by undue noise.
22. Every licensee shall ensure that all animal waste materials are disposed of in a
manner that will not create a public nuisance or health hazard.
23. Every licensee shall ensure that its pet shop is sanitary, well-ventilated and free
of offensive odours.
Sales
24. No licensee shall sell or permit to be sold any animal to anyone under the age of
18 years,
25. No licensee shall give or permit to be given animals away as prizes.
26. No licensee shall display any animal in a shop or display window that causes
uncomfortable living conditions for the animal.
27. No licensee shall sell or permit to be sold, or offer for sale,
(a) any dog under the age of 8 weeks;
(b) any cat under the age of 6 weeks; or
(c) any other animal prior to the acceptable age requirements for the species,
28. Every licensee shall ensure that dogs and cats being sold as pure-breds are sold
in compliance with the Animal Pedigree Act.
29. Every licensee shall ensure that all dogs and cats that are sold without
registration papers are advertised as a cross breed,
30. Every licensee shall provide the purchaser of an animal a receipt that includes
the date of the sale, the sale price, and the species, breed or cross breed, sex,
age and description including colour and placing of markings, if applicable.
Pet Shop Licensing By-law No. XXXX/08
Page 6
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31. No licensee shall sell any sick, diseased or injured animal, including but not
limited to the following conditions:
(a) incubating or suffering from any infectious disease;
(b) nutritional deficiencies, including rickets or emaciation;
(c) internal or external parasites; or
(d) fractures or congenital abnormalities affecting the general health of the
animal.
32. No licensee shall sell any animal that has required veterinary care for sickness,
injury or disease without providing a copy of the medical records to the purchaser
of the animal.
Care of Animals
33. Every licensee shall ensure that any animal suffering from any disease, ailment
or injury shall be given care and attention from a veterinarian within 24 hours of
the onset of symptoms and that the animal is kept in a quarantine area, separate
from all other animals, until a veterinarian certifies that the animal is in good
health.
34. Every licensee shall provide each species of animal with adequate food and
water specific to the animals' needs.
35. Every licensee shall provide adequate light specific to the needs of each species
of animal.
36. Every licensee shall provide its animals with an opportunity for exercise.
37. Every licensee shall ensure that dogs housed in cages less than 2 metres x 1
metre in size are exercised at least twice daily.
Housing of Animals
38. Every licensee shall ensure that every cage or other container used for the
keeping or housing of any animal,
(a) is of adequate size to permit the animal to stand normally to its full height,
to extend its legs and body to their full natural extent, to turn around, and
to lie down in a fully extended position;
(b) is equipped with receptacles for food and water, mounted or situated that
they cannot be easily overturned or contaminated;
(c) is in good working condition and is not dangerous to the animal's health or
well-being;
Pet Shop Licensing By-law No. XXXXl08
Page 7
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(d)
provides adequate enhancement to promote the expression of species
appropriate behavioural and mental activities;
(e)
is maintained in a clean and sanitary condition at all times with all
excrement, refuse and other objectionable material removed at least twice
in every 24 hour period, including weekends and holidays; and
(f)
has a solid floor or of wire mesh construction where the wire mesh is
covered with a thick plastic cover for ease of cleaning and is comfortable
for the animals, provided that,
(i) all spaces in wire mesh shall be smaller than the pads of the foot of
any animal confined therein;
(ii) any such wire mesh shall be of a thickness and design adequate to
prevent injury to any such animal; and
(iii) such floor shall be of sufficient strength to support the weight of any
such animal.
39. Every licensee shall ensure that birds are kept in adequately sized cages with
sufficient perch space.
40. No licensee shall confine an animal in an enclosure together with one or more
other animals that may pose a danger to the animal(s).
Registry
41. Every licensee shall complete the registry form provided by the City for each
animal purchased or otherwise obtained at the time each animal comes into the
licensee's possession.
42. Every licensee shall ensure the registry is available for inspection by the City
during business hours.
43. Every licensee shall provide a copy of the registry to the City quarterly from the
date of issuance of the licence.
44. Every licensee shall retain the registry for the period of 12 months following the
end of the term of the licence.
PART IV - GENERAL PROHIBITIONS
45. No person shall keep or sell any animal prohibited by law.
46. No person shall own, operate, manage, control or supervise a pet shop without a
licence.
Pet Shop Licensing By-law No. XXXXl08
Page 8
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PART V - ENFORCEMENT
Definition
47. In this Part, "officer" means a municipal law enforcement officer appointed by the
City to enforce municipal by-laws or an agent or inspector appointed under the
Ontario Society for the Prevention of Cruelty to Animals Act.
Inspections
48. An officer may, at any reasonable time, enter upon any land for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-
law have been complied with.
49. For purposes of an inspection, an officer may,
(a) require the production for inspection of any document or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
50. Upon request, a licensee shall provide an officer with medical records for any
animal.
51. No person shall withhold, destroy, conceal or refuse to furnish any information or
thing required by an officer for purposes of an inspection.
52. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Suspension of Licence
53. The City Clerk may suspend a licence if the licensee fails to comply with any
provision of this by-law and such non-compliance is not remedied within seven
(7) days following notice from the City specifying the particulars of the non-
compliance.
Revocation of Licence
54. The City Clerk may revoke a licence under any of the following circumstances:
Pet Shop Licensing By-law No. XXXX/08
3D
(a) the licence has been issued in error;
Page 9
(b) the licence has been suspended in accordance with section 56 and no
satisfactory evidence of compliance has been filed with the City within 60
days from the date of the suspension;
(c) the licence has been issued as the result of false, mistaken, incorrect, or
misleading statements, information or undertakings on the application or
on any submitted documents that formed the basis of the issuance;
(d) the licensee has been convicted of a crime against animals; or
(e) the licensee requests that the licence be revoked.
Offences and Penalties
55. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
56. No person shall make a false or intentionally misleading recital of fact, statement
or representation in any application or other document required by this by-law.
PART VI - GENERAL
Short Title
57. This by-law may be referred to as the "Pet Shop Licensing By-law".
Repeal of Existing By-law
58. By-law No. 6299/04 is repealed.
Effective Date
59. This by-law shall come into force on the day of its passing.
By-law read a first, second and third time and finally passed this
2008.
day of
David Ryan, Mayor
Debi A. Wilcox, City Clerk
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SCHEDULE "1"
LICENCE FEES
Pet Shop Licence $250.00 per year
Late Fee - A licence holder who has not purchased $50.00
their licence within 30 days of the expiration of the
previous licence.
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THE CORPORATION OF
ATTACHMENT # ,~~
TO REPORT # c'~
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BY-LAW NO. 108
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A by-law to licence boarding kennels
WHEREAS Subsection 11 (3)9 of the Municipal Act, 2001 authorizes the City to pass by-
laws respecting animals; and
WHEREAS Section 150 of the Municipal Act, 2001 authorizes the City to provide for a
system of licences with respect to any business wholly or partly carried on within the
City; and
WHEREAS the City deems it necessary to provide a system of licensing for boarding
kennels.
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
PART I-INTERPRETATION
Definitions
1. In this by-law,
"animal" means a dog, cat or any other pet that is generally understood to be
domesticated and is typically kept indoors;
"applicant" means a person who applies for a licence;
"boarding kennel" means any premises or facility in which animals owned by
persons other than a licensee are boarded for any period of time for financial
gain;
"City" means The Corporation of The City of Pickering or the geographical area
of Pickering, as the context requires;
"City Clerk" means the City Clerk or a designate;
"licence" means a licence to operate a boarding kennel issued in accordance
with this by-law;
"licensee" means a person to whom a licence has been issued;
Boarding Kennel Licensing By-law No. XXXXl08
Page 2
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"person" includes a corporation and the heirs, executors, administrators or other
legal representatives of a person to whom the context can apply according to
law; and
"veterinarian" means a person licensed under the Veterinarians Act.
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Schedule
5. Schedule 1 (LICENCE FEES) is attached to and forms part of this by-law.
6. Unless otherwise specified, references in this by-law to Parts, sections and
Schedules are references to Parts, sections and Schedules in this by-law.
Conflicts
7. If a provision of this by-law conflicts with a provision of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall
prevail.
Severability
8. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
PART II - APPLICATIONS
Submission of Applications
9. All licence applications shall be completed and submitted on forms provided by
the City.
Boarding Kennel Licensing By-law No. XXXXlOB
.34
Page 3
10. Every licence application shall be submitted with the applicable fee set out in
Schedule 1.
11. Every applicant shall submit to the City Clerk,
(a) where applicable, a copy of proof of ownership, a lease or written
permission from the owner or property manager of the property where the
boarding kennel is to be located and operated;
(b) a copy of the applicant's general insurance liability policy in the amount of
not less than two million dollars ($2,000,000.00) that provides that the City
shall be given at least 10 days notice in writing prior to any cancellation,
expiration or variation in the amount of the policy;
(c) an original criminal reference check not more than 30 days old for the
applicant(s) or, where the applicant is a corporation, for every person who
will be in charge of the boarding kennel during the term of the licence;
(d) a brief description outlining the number and species of animals that may
be boarded in the boarding kennel; and
( e) a brief description outlining how animal sickness, disease or injuries will
be handled at the boarding kennel.
Issuance of Licence
12. The City Clerk may approve or refuse any licence application, and may impose
any conditions upon an approval as he or she determines to be appropriate.
13. In addition to every other requirement imposed by this by-law, every licence is
issued subject to the condition that all federal, provincial and municipal laws, by-
laws, rules, regulations, orders, approvals, permits, standards, and all other
governmental requirements applicable to the operation of the boarding kennel
must be complied with.
14. Upon the issuance of a licence, the licensee shall be exempt from the purchase
of dog and cat licences under the City's Responsible Pet Ownership By-law.
Disqualifications
15. The City Clerk shall refuse to issue a licence if,
(a) all of the information and documents that the applicant is required to
provide under this by-law have not been provided and verified;
Boarding Kennel Licensing By-law No. XXXXl08
Page 4
(b) the licence fee has not been paid;
(c) the applicant has submitted false information in support of the application;
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(d) the issuance of the licence would contravene any of the provisions of this
by-law, the Ontario Building Code, the Fire Protection and Prevention Act,
any applicable zoning regulations, or any other applicable law; or
(e) the applicant has been convicted of a crime against animals.
Exemptions
16. No licence shall be required for,
(a) an animal shelter operated by or on behalf of the City;
(b) a recognized animal rescue organization or other organization approved
by the City dedicated to protecting the rights of animals;
(c) a publicly funded educational institute;
(d) a facility in which animals are placed for care pursuant to the Pounds Act;
(e) an animal shelter operated by a branch or affiliate of the Ontario Society
for the Prevention of Cruelty to Animals; or
(f) a licensed veterinary hospital or clinic.
17. No licence shall be required for a boarding kennel located anywhere in the City in
which the number of dogs or cats being boarded does not exceed the number of
dogs or cats permitted in a dwelling unit under section 47 of the City's
Responsible Pet Ownership By-law.
Term
18. Every licence shall be valid for a period of one year from the date of issuance
unless it is revoked or suspended.
Transfer
19. A licence shall not be transferable.
Prohibitions
20. No licensee shall board any animal prohibited by law.
21. No person shall own, operate, manage, control or supervise a boarding kennel
without a licence.
Boarding Kennel Licensing By-law No. XXXXl08
Page 5
36
PART 111- REGULATIONS FOR LICENSEES
General
22. Every licence shall be posted in a conspicuous place in the boarding kennel.
23. Every licensee shall maintain and make readily available to personnel at all times
written animal care procedures dealing with, amongst other matters, methods of
handling animals, sickness, injury or death, and contact information for a
veterinarian.
24. Every licensee shall take all reasonable and humane steps to prevent a nuisance
caused by undue noise.
25. Every licensee shall ensure that all animal waste materials are disposed of in a
manner that will not create a public nuisance or health hazard.
26. Every licensee shall ensure that its boarding kennel is sanitary, well-ventilated
and free of offensive odours.
Care of Animals
27. Every licensee shall ensure that any animal suffering from any disease, ailment
or injury shall be given care and attention from a veterinarian within 24 hours of
the onset of symptoms and that the animal is kept in a quarantine area, separate
from all other animals, until a veterinarian certifies that the animal is in good
health.
28. Every licensee shall provide each species of animal with adequate food and
water specific to the animals' needs.
29. Every licence shall keep all bulk food supplies in pest proof containers.
30. Every licensee shall provide adequate light specific to the needs of each species
of animal.
31 . Every licensee shall provide its animals with an opportunity for exercise.
32. Every licensee shall ensure that dogs housed in cages less than 2 metres x 1
metre in size are exercised at least twice daily.
Housing of Animals
33. Every licensee shall ensure that every cage or other container used for the
keeping or housing of any animal,
(a) is of adequate size to permit the animal to stand normally to its full height,
to extend its legs and body to their full natural extent, to turn around, and
to lie down in a fully extended position;
Boarding Kennel Licensing By-law No. XXXXl08
Page 6
Z 7
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(b) is equipped with receptacles for food and water, mounted or situated that
they cannot be easily overturned or contaminated;
(c) is in good working condition and is not dangerous to the animal's health or
well-being;
(d) provides adequate enhancement to promote the expression of species
appropriate behavioural and mental activities; and
(e) is maintained in a clean and sanitary condition at all times with all
excrement, refuse and other objectionable material removed at least twice
in every 24 hour period, including weekends and holidays.
34. Every licensee shall ensure that any cage used to confine a cat has a solid floor
or has a floor made of wire mesh construction where,
(a) the mesh is covered with a thick plastic cover for ease of cleaning;
(b) all spaces in the mesh are smaller than the pads of the feet of the cat; and
(c) the mesh is of a thickness, strength and design adequate to prevent injury
to the cat.
35. (1) In this section, "doggy daycare" means a boarding kennel in which dogs
are boarded in a group environment and only during the day.
(2) No licensee shall board more than one animal in a single enclosure
without prior consent from the animals' owners.
(3) Subsection (2) does not apply to a licensed doggy daycare.
Facility Requirements
34. Every licensee shall ensure that all of the following facility standards are met:
(a) The boarding kennel shall be situated at least 40 m from any school,
dwelling unit or other premises used for human habitation, other than the
licenced premises.
(b) Walls shall be smooth, durable and impervious to facilitate cleaning.
(c) Roof coverings fastened to sheathing or directly to the roof joists shall be
laid so as to prevent the entrance of rodents and vermin, and covered with
suitable materials in order to eliminate leakage and exposure to adverse
weather conditions.
(d) Ceilings and walls shall abut to prevent rodent infestation.
Boarding Kennel Licensing By-law No. XXXXlD8
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Page 7
(e) Corners of ceilings, walls and partitions shall be caulked and painted to
facilitate cleaning.
(f) Proper air circulation shall be ensured to prevent the spread of
contaminants, viruses, bacteria and moulds.
(g) The temperature for an indoor facility shall be maintained at a minimum of
1 DOC with a maximum of 270C.
(h) Temperatures shall be suitable to the species, breed, coat length, age and
condition of the animals housed in the facility.
35. Where the facility is boarding dogs, every licensee shall ensure that all of the
following additional facility standards are met:
(a) Floors shall be of smooth concrete finish or similar like material and shall
be adequately sloped to drains.
(b) Where floors are on a grade, suitable bedding shall be provided in the
form of a raised wood, fibreglass or similar platform, large enough for the
dog to lie on.
(c) Each dog run shall have a minimal floor area of 2 metres x 1 metres in
size.
(d) Runs shall be maintained in such a manner to keep the dog securely
enclosed.
(e) Run surfaces shall be kept safe and not slippery, and free from debris that
could cause injury to the dog.
(f) Dogs placed in outdoor runs shall be monitored according to weather
conditions.
(g) All indoor and outdoor hard surface runs shall be disinfected after use by
each dog.
Records
36. Every licensee shall record,
(a) the names and addresses of the owners of all animals boarded at the
kennel;
(b) emergency contact number for the owners of the animals;
(c) the name, breed, description and health records stating any special
medical needs of boarded animals; and
Boarding Kennel Licensing By-law No. XXXXl08
Page 8
Z 9
,) .
(d) the dates of arrival and departure of all animals.
37. Every licensee shall ensure the records are available for inspection by the City
during business hours.
38. Every licensee shall retain the records for the period of 24 months following the
end of the term of the licence.
PART IV - ENFORCEMENT
Definition
39. In this Part, "officer" means a municipal law enforcement officer appointed by the
City to enforce municipal by-laws or an agent or inspector appointed under the
Ontario Society for the Prevention of Cruelty to Animals Act.
Inspections
40. An officer may, at any reasonable time, enter upon any land for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-
law have been complied with.
41. For purposes of an inspection, an officer may,
(a) require the production for inspection of any document or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
42. Upon request, a licensee shall provide an officer with medical reports for any
animal.
43. No person shall withhold, destroy, conceal or refuse to furnish any information or
thing required by an officer for purposes of an inspection.
44. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
~'_ _:or..... ~-"" 'h"-llIlll:.ltli...,
Boarding Kennel Licensing By-law No. XXXXl08
4 ,]
l~
Page 9
Suspension of Licence
45. The City Clerk may suspend a licence if the licensee fails to comply with any
provision of this by-law and such non-compliance is not remedied within seven
(7) days following notice from the City specifying the particulars of the non-
compliance.
Revocation of Licence
46. The City Clerk may revoke a licence under any of the following circumstances:
(a) the licence has been issued in error;
(b) the licence has been suspended in accordance with section 45 and no
satisfactory evidence of compliance has been filed with the City within 60
days from the date of the suspension;
(c) the licence has been issued as the result of false, mistaken, incorrect, or
misleading statements, information or undertakings on the application or
on any submitted documents that formed the basis of the issuance;
(d) the licensee has been convicted of a crime against animals; or
(e) the licensee requests that the licence be revoked.
Offences and Penalties
47. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
48. No person shall make a false or intentionally misleading recital of fact, statement
or representation in any application or other document required by this by-law.
PART V - GENERAL
Short Title
49. This by-law may be referred to as the "Boarding Kennel Licensing By-law".
Repeal
50. By-law No. 6299/04 is repealed.
Boarding Kennel Licensing By-law No. XXXXl08
Effective Date
51. This by-law shall come into force on the day of its passing.
By-law read a first, second and third time and finally passed this
2008.
Page 10 4 1
day of
David Ryan, Mayor
Debi A. Wilcox, City Clerk
SCHEDULE 1
LICENCE FEES
Boarding Kennel Licence Fee $250.00 per year
Late Fee - A licence holder who has not purchased $50.00
their licence within 30 days of the expiration of the
previous licence.
42
ATTACHMENT # ,3 TO REPORT # C '-...
~"""~~'''''-'-<''. ........,...........,.."""--"-..,.._~..---
THE CORPORATION OF THE CITY OF PICKERING
I --3
("", \/
- I.>
BY-LAW NO. 108
A by-law to licence breeders
WHEREAS Subsection 11(3)9 of the Municipal Ac( 2001 authorizes the City to pass by-
laws respecting animals; and
WHEREAS Section 150 of the Municipal Act, 2001 authorizes the City to provide for a
system of licences with respect to any business wholly or partly carried on within the
City; and
WHEREAS the City deems it necessary to provide a system of licensing for breeders_
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I-INTERPRETATION
Definitions
1_ In this by-law,
"animal" means a dog, cat or any other pet that is generally understood to be
domesticated and is typically kept indoors;
"applicant" means a person who applies for a licence;
"breeder" means a person who keeps animals for the purpose of breeding the
offspring for sale;
"City" means The Corporation of The City of Pickering or the geographical area
of Pickering, as the context requires;
"City Clerk" means the City Clerk or a designate;
"cross breed" means the offspring of more than one breed of animal without
registration papers;
"licence" means a licence issued to breed animals in accordance with this by-law;
"licensee" means a person to whom a licence has been issued;
Breeding Licensing By-law No. XXXXl08
Page 2
LL3
"medical records" means documentation prepared by a veterinarian that verifies
an animal's past or current health condition;
"person" includes a corporation and the heirs, executors, administrators or other
legal representatives of a person to whom the context can apply according to
law;
"pet shop" means every shop, place or premise in which animals are sold or kept
for sale as pets but does not include a breeder;
"pure-bred" means a breed of dog or cat that has registration papers;
"registration papers" means documentation from an authorized association under
the Animal Pedigree Act stating that an animal is a recognized pure-bred;
"veterinarian" means a person licensed under the Veterinarians Act; and
"whelping area" means the area designated for birthing offspring.
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Schedule
5. Schedule 1 (LICENCE FEES) is attached to and forms part of this by-law.
6. Unless otherwise specified, references in this by-law to Parts, sections and
Schedules are references to Parts, sections and Schedules in this by-law.
Conflicts
7. If a provIsion of this by-law conflicts with a provision of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall
prevail.
Breeding Licensing By-law No. XXXXl08
-z+4
Page 3
Severability
8. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
PART" - APPLICATIONS
Submission of Applications
9. Applications shall be completed and submitted on forms provided by the City.
1 O. Every application shall be submitted with the applicable licence fee specified in
Schedule 1.
11. Every applicant shall submit to the City Clerk,
(a) where applicable, proof of ownership, a copy of a lease or written
permission from the owner or property manager of the property where the
breeding is to occur;
(b) an original criminal reference check not more than 30 days old for the
applicant(s) or, where the applicant is a corporation, for every person who
will be in charge of the licensed premises during the term of the licence;
(c) a brief description outlining the species/breed of animals to be bred and
the number of litters expected;
(d) a brief description outlining how the applicant will take steps to eliminate
genetic and behavioural flaws within their breeding program;
(e) a brief description outlining the design and construction of the whelping
area as it pertains to minimizing death or injury to the litter;
(f) if the application is for a dwelling unit, a brief description outlining the
location of the whelping area; and
(g) the name and contact information of the veterinarian used by the
applicant.
Issuance of Licence
12. The City Clerk may approve or refuse any licence application, and may impose
any conditions upon an approval as he or she determines to be appropriate.
13. In addition to every other requirement imposed by this by-law, every licence is
issued subject to the condition that all federal, provincial and municipal laws, by-
Breeding Licensing By-law No. XXXXl08
Page 4
45
laws, rules, regulations, orders, approvals, permits, standards, and all other
governmental requirements applicable to the operation of animal breeding must
be complied with.
Disqualifications
14. The City Clerk shall refuse to issue a licence if,
(a) all of the information and documents that the applicant is required to
provide under this by-law have not been provided and verified;
(b) the licence fee has not been paid;
(c) the applicant has submitted false information in support of the application;
(d) the issuance of the licence would contravene any of the provisions of this
by-law, the Ontario Building Code, the Fire Protection and Prevention Act,
any applicable zoning regulations, or any other applicable law; or
(e) the applicant has been convicted of a crime against animals.
Exemptions
15. No licence shall be required for,
(a) an animal shelter operated by or on behalf of the City;
(b) a recognized animal rescue organization or other organization approved
by the City dedicated to protecting the rights of animals;
(c) a publicly funded educational institute;
(d) a facility in which animals are placed for care pursuant to the Pounds Act;
(e) an animal shelter operated by a branch or affiliate of the Ontario Society
for the Prevention of Cruelty to Animals;
(f) a licensed veterinary hospital or clinic; or
(g) the private sale of the first litter born by a domestic animal within a
dwelling unit.
Term
16. Every licence shall be valid for a period of one year from the date of issuance
unless it is revoked or suspended.
Breeding Licensing By-law No. XXXXl08
46
Transfer
Page 5
17. A licence shall not be transferable.
Prohibitions
18. No licensee shall breed any animal prohibited by law.
19. No person shall own, operate, manage, control or supervise a breeding facility
without a licence.
20. No licensee shall whelp more than one litter per dog within a twelve month
period.
21. No licensee shall whelp more than two litters per cat within a twelve month
period.
22. No licensee shall breed a dog or cat under one year old.
PART III - REGULATIONS FOR LICENSEES
General
23. Every licence shall be posted in a conspicuous place in the breeding facility.
24. Every licensee shall take all reasonable and humane steps to prevent a nuisance
caused by undue noise.
25. Every licensee shall ensure that all animal waste materials are disposed of in a
manner that will not create a public nuisance or health hazard.
26. Every licensee shall ensure that the breeding facility including whelping area is
sanitary, well-ventilated and free of offensive odours.
27. Every licensee shall ensure that every dog or cat that has reached the age of 20
weeks is no longer residing on the licensed premises.
28. No licensee shall keep more than 12 offspring at one time within a dwelling unit.
Sales
29. No licensee shall sell or permit to be sold any animal to anyone under the age of
18 years.
30. No licensee shall sell or permit to be sold, or offer for sale,
(a) any dog under the age of 8 weeks;
Breeding Licensing By-law No. XXXXl08
Page 6
Ii ~7
"+
(b) any cat under the age of 6 weeks; or
(c) any other animal prior to the acceptable age requirements for the species.
31. Every licensee shall ensure that dogs and cats being sold as pure-breds are sold
in compliance with the Animal Pedigree Act.
32. Every licensee shall ensure that all dogs and cats that are sold without
registration papers are advertised as a cross breed.
33. Every licensee shall provide the purchaser of an animal a receipt that includes
the date of the sale, the sale price, and the species, breed or cross breed, sire
and dam, sex, age and description including colour and placing of markings, if
applicable.
34. No licensee shall sell any sick, diseased or injured animal, including but not
limited to the following conditions:
(a) incubating or suffering from any infectious disease;
(b) nutritional deficiencies, including rickets or emaciation;
(c) internal or external parasites; or
(d) fractures or congenital abnormalities affecting the general health of the
animal.
35. No licensee shall sell any animal that has required veterinary care for sickness,
injury or disease without providing a copy of the medical records to the purchaser
of the animal.
Care of Animals
36. Every licensee shall ensure that any animal suffering from any disease, ailment
or injury shall be given care and attention from a veterinarian within 24 hours of
the onset of symptoms.
37. Every licensee shall provide each species of animal with adequate food and
water specific to the animals' needs.
38. Every licensee shall provide adequate light specific to the needs of each species
of animal.
39. Every licensee shall provide its animals with an opportunity for exercise.
40. Every licensee shall ensure that dogs housed in cages less than 2 metres x 1
metre in size are exercised at least twice daily.
Breeding Licensing By-law No. XXXXf08 Page 7
48
Housing of Animals
41. Every licensee shall ensure that every cage or other container used for the
keeping or housing any animal,
(a) is of adequate size to permit the animal to stand normally to its full height,
to extend its legs and body to their full natural extent, to turn around, and
to lie down in a fully extended position;
(b) is equipped with receptacles for food and water, mounted or situated that
they cannot be easily overturned or contaminated;
(c) is in good working condition and is not dangerous to the animal's health or
well-being;
(d) provides adequate enhancement to promote the expression of species
appropriate behavioural and mental activities; and
(e) is maintained in a clean and sanitary condition at all times with all
excrement, refuse and other objectionable material removed at least twice
in every 24 hour period, including weekends and holidays.
42. No licensee shall confine an animal together with one or more other animals that
may pose a danger to the animal(s).
43. Every licensee shall ensure that the whelping area is at least 2 % times the size
of the nursing mother.
Facility Requirements
44. Every licensee shall ensure that the following facility standards are met:
(a) The breeding facility shall be situated at least 40m from any school,
dwelling unit or other premises used for human habitation, other than the
licenced premises.
(b) Walls shall be smooth, durable and impervious to facilitate cleaning
(c) Roof coverings fastened to sheathing or directly to the roof joists shall be
laid so as to prevent the entrance of rodents and vermin, and covered with
suitable materials in order to eliminate leakage and exposure to adverse
weather conditions
(d) Ceilings and walls shall abut to prevent rodent infestation.
(e) Corners of ceilings, walls and partitions shall be caulked and painted to
facilitate cleaning.
Breeding Licensing By-law No. XXXXl08
Page 8
49
(f) Proper air circulation shall be ensured to prevent respiratory disease and
to avoid the spread of contaminants, viruses, bacteria and moulds.
(g) Temperatures shall be suitable to the species, breed, coat length, age and
condition of the animals bred in the facility.
45. Where the facility is housing dogs, the licensee shall ensure that the following
additional facility standards are met:
(a) Floors shall be of smooth concrete finish or similar like material and shall
be adequately sloped to drains.
(b) Where floors are on a grade, suitable bedding shall be provided in the
form of a raised wood, fibreglass or similar platform, large enough for the
dog to lie on.
(c) Each dog run shall have a minimal floor area of 2 metres x 1 metres in
size.
(d) Runs shall be maintained in such a manner to keep the animal securely
enclosed.
(e) Run surfaces must be kept safe and not slippery, and free from debris that
could cause injury to the dog.
(f) Dogs placed in outdoor runs are to be monitored according to weather
conditions.
(g) All indoor and outdoor hard surface runs shall be disinfected after use by
each dog.
46. Section 44 and 45 do not apply for licensees breeding within a dwelling unit.
Records
47. Every licensee shall maintain breeder records including: breed, sex, date of
birth, the sire and dam, tattoo or microchip number, colour and markings.
Individual records shall be developed by the time the litter is weaned and shall
include medications, vaccinations, and examinations for internal and external
parasites and the results thereof.
48. Every licensee shall ensure the records are available for inspection by the City
during business hours.
49. Every licensee shall retain the registry for the period of 12 months following the
end of the term of the licence.
Breeding Licensing By-law No. XXXXl08
5D
Page 9
PART IV - ENFORCEMENT
Definition
50. In this Part, "officer" means a municipal law enforcement officer appointed by the
City to enforce municipal by-laws or an agent or inspector appointed under the
Ontario Society for the Prevention of Cruelty to Animals Act.
Inspections
51. An officer may, at any reasonable time, enter upon any land for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-
law have been complied with.
52. For purposes of an inspection, an officer may,
(a) require the production for inspection of any document or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
53. Upon request, a licensee shall provide an officer with medical records for any
animal.
54. No person shall withhold, destroy, conceal or refuse to furnish any information or
thing required by an officer for purposes of an inspection.
55. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Suspension of Licence
56. The City Clerk may suspend a licence if the licensee fails to comply with any
provision of this by-law and such non-compliance is not remedied within 7 days
following notice from the City specifying the particulars of the non-compliance.
Revocation of Licence
57. The City Clerk may revoke a licence under any of the following circumstances:
Breeding Licensing By-law No. XXXXl08
Page 1 0
r. '1
'-} I
(a) the licence has been issued in error;
(b) the licence has been suspended in accordance with section 56 and no
satisfactory evidence of compliance has been filed with the City within 60
days from the date of the suspension;
(c) the licence has been issued as the result of false, mistaken, incorrect, or
misleading statements, information or undertakings on the application or
on any submitted documents that formed the basis of the issuance;
(d) the licensee has been convicted of a crime against animals; or
(e) the licensee requests that the licence be revoked.
Offences and Penalties
58. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
59. No person shall make a false or intentionally misleading recital of fact, statement
or representation in any application or other document required by this by-law.
PART V - GENERAL
Short Title
60. This by-law may be referred to as the "Breeding By-law".
Repeal of Existing By-law
61. By-law No. 6299/04 is repealed.
Effective Date
62. This by-law shall come into force on the day of its passing.
By-law read a first, second and third time and finally passed this
2008.
day of
David Ryan, Mayor
Debi A. Wilcox, City Clerk
, 2
i-,
--)--
SCHEDULE "1"
LICENCE FEES
Animal Breeding Licence $250.00 per year
Late Fee - A licence holder who has not purchased $50.00
their licence within 30 days of the expiration of the
previous licence.