HomeMy WebLinkAboutCAO 03-11
eery Report To
Executive Committee
PI KERI
Report Number: CAO 03-11
Date: February 14, 2011
01
From: Debbie Shields
City Clerk
Subject: Updated By-law to prohibit or regulate livestock/exotic animals
- File: S-3010-001-10
Recommendation:
1. That Report CAO 03-11, a By-law to prohibit or regulate livestock/exotic animals
be received; and
2. That By-Law No. 1769/83, being the existing Exotic Animal By-law, be repealed
and a new By-law to prohibit or regulate livestock/exotic animals, included as
Attachment #1, be enacted
Executive Summary: As part of a review of all municipal regulatory by-laws, it was
determined that the current exotic animal by-law, created in 1984, was now outdated
and that a new By-law was necessary. As a result, a new by-law to prohibit or regulate
livestock/exotic animals has been created.
The proposed By-law includes amendments considered appropriate based on input
received from residents, industry stakeholders, Animal Services staff and the City
Solicitor.
The proposed By-law clearly identifies areas in Pickering where certain animals are
allowed to be kept and owned. We are confident that this by-law will continue to allow
our farm community to flourish while placing certain restrictions to residents residing in
our urban community.
In 2010, Animal Services received over 100 calls pertaining to nuisance wildlife within
the City. Currently, the City does not have a By-law in place to prohibit residents from
feeding and/or attracting wildlife into their community. This proposed By-law is intended
to address this issue.
The City is also often the host community for carnivals, zoos and public shows that
involve animals that would otherwise be prohibited. Currently, the City does not have a
method to permit or regulate these temporary operations.
Report CAO 03-11 February 14, 2011
Subject: Updated By-law to prohibit or regulate livestock/exotic animals Page 2
The proposed By-law provides an opportunity for applicants to apply for a temporary
licence, which could permit the temporary housing of animals normally prohibited, into
Pickering.
Financial Implications: Minimal revenue generated from issuance of Part I Offence
Notices with set fines.
The temporary licence fee reflects the administration and enforcement costs associated
with bringing prohibited animals into our City. Although a fee is required, the City is not
expected to realize any significant additional revenue as a result of the fees set out in
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 may exist.
Background: The proposed By-law to regulate livestock/exotic animals
addresses a variety of issues that are pertinent to our residents today.
As part of the Clerks Office annual By-law review process, the Exotic Animal By-law
1769/83 was identified as being inadequate in todays' society and an update to the by-
law was required.
The existing By-law was originally passed in 1984, with amendments made in 1993,
1995 and again in 1999. Since that time, the residential areas in Pickering have grown
and the needs of our residents have changed.
On November 1, 2010, a private members bill, Bill 125 passed its' first reading. Once
completely passed, this Bill will assist the Ministry of Natural Resources in prohibiting
the keeping of exotic animals in captivity, unless they hold a licence to do so. This Bill
will work alongside our proposed By-law to ensure that those residents that hold a
licence at the Provincial level to keep prohibited species in captivity, are still allowed to
do so, while restricting all others.
As part of the Clerk's Office's regulatory by-law review, a thorough review of the current
by-law was undertaken. Interested stakeholders, residents and industry professionals
were'consulted to ensure that appropriate recommendations were being put forward.
CORP0227-07/01 revised
Report CAO 03-11 February 14, 2011
Subject: Updated By-law to prohibit or regulate livestock/exotic animals Page 3
03
The consultation consisted of the following:
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• In early 2010, Animal Services staff reviewed exotic and livestock by-laws from
a variety of different municipalities, including Stratford, Ajax, Ottawa and
Oshawa.
• In July 2010, a copy of the proposed by-law was emailed out to a list of
interested stakeholders. Each recipient was asked to review the proposed by-
law and to provide comments. Written comments were received and can be
found in Attachment #2.
• Andrew Lentini & Bob Johnson, both curators of the reptiles and amphibians at
the Toronto Zoo were consulted and provided feedback on this By-law.
Changes to the proposed By-law were made as a result of the discussions that
were had.
• Ron Hastie, the By-law chairperson from the Canadian Racing Pigeon Union
provided his comments and suggestions to ensure that the concerns of the
pigeon enthusiasts were properly addressed: Changes to the proposed By-law
were made as a result of the discussions had with Mr. Hastie. Written
comments can be found in Attachment #2.
• In addition to the review done by industry stakeholders, the proposed By-law to
regulate livestock/exotic animals has been reviewed extensively by Planning &
Development, Municipal Law Enforcement Services and the City Solicitor.
As the consultation process is now complete and comments from all interested
parties have been considered, staff is recommending that the attached By-law to
regulate or prohibit livestock/exotic animals be enacted.
Attachments:
1. Proposed By-law to prohibit or regulate livestock/exotic animals
2. E-mail correspondence
Prepared By: Approved/Endorsed By:
t~J x
Lindsey Narraway Debbie Shields
Supervisor, Animal Services City Clerk
CORP0227-07/01 revised
1
Report CAO 03-11 February 14, 2011
Subject: Updated By-law to prohibit or regulate livestock/exotic animals. Page 4
n
-Q-
Supervisor, Animal Services City Clerk
LB:lb
Copy: Chief Administrative Officer
Recommended for.the consideration
of Pickering Cit Coun it
x.30 20 it
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. XXXX/11
A by-law to prohibit or regulate livestock/exotic animals.
WHEREAS Section 11(3) of the Municipal Act, 2001 authorizes the City to pass by-laws
respecting animals; and
WHEREAS Section 151 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 Section 103 of the Municipal Act, 2001 authorizes the City to pass a by-law to
provide for the seizure and impounding of animals and the sale of impounded animals
under certain conditions.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART 1- INTERPRETATION
Definitions
1. In this by-law,
"agricultural zone" means a property defined as agricultural under the City's
Zoning By-laws and of a minimum size of five (5) acres;
"animal" means any member of the animal kingdom; other than a human, dog or
cat;
"Animal' Services Officer" means a municipal law enforcement officer employed by
the City to enforce municipal by-laws;
"at large" means when an animal is found in any place other than the premises of
the owner, and not under the physical control of any person, unless prior consent
is given by the person owning the premises on which the animal is found;
"City" means The Corporation of the City of Pickering or the geographic area of the
City of Pickering, as the context requires;
"domestic" describes an animal"that has been tamed by humans and has, through
selective breeding, become notably different from its wild ancestors, and includes
an animal derived from self-sustaining captive populations;
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 2
"dwelling unit" means a room or suite of one or more rooms designed or intended
for use by an individual or family in which culinary and sanitary conveniences are
provided for the exclusive use of such individual or family and with a private
entrance from outside the building or from a common hallway or stairway inside;
"licensee" means a person, partnership or corporation to whom a temporary
licence has been issued to under the provisions of this by-law;
"livestock" means any domestic fowl (including but not limited to chickens, ducks,
geese, turkeys, guinea fowl, swans and ostrich), domestic rabbits (when more than
3 rabbits are kept), horses, donkeys, mules, bulls, oxen, cows or other cattle,
sheep, lamb, goats, pigs, llamas, mink, emus, alpacas,. wild boar, bison, deer, elk,
ponies, or rhea; used or kept for agricultural purposes;
"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' person under the
age of 18 years, the person responsible for the custody of the person under the
age of 18 years;
"pigeon" means a member of the widely distributed family of birds derived from
self sustaining captive populations of Columbidae;
"prohibited animal" means any animal set out in Schedule 3 of this By-law;
"urban area" means the area within the urban boundary as delineated in Schedule
4 of this by-law; and
"wildlife" means an animal indigenous to North America and/or wild by nature or
disposition (feral or ferae) as outlined in Schedules 1 through 11 of the Fish and
Wildlife Conservation Act, 1997.
References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-Jaw 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.
Schedules
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page.3
5. Schedule 1 (IMPOUND FEE SCHEDULE); and
Schedule 2 (TEMPORARY LICENCE FEE SCHEDULE); and
Schedule 3 (PROHIBITED ANIMALS); and
Schedule 4 (MAP OF URBAN/RURAL DELINIATION) are attached to and form
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 - REGULATIONS
General
.9. No person shall. keep, own or harbour, or permit .to be kept, owned or harboured
on a temporary or permanent basis any prohibited animal in the City.
10. No person shall keep, own or harbour, or permit to be kept, owned, or harboured,
on a temporary or permanent basis wildlife within the City.
11. For the purposes of Section 9 and 10, prohibited animals are those class of
animals listed in Schedule 3.
Exceptions
12. Notwithstanding the provisions of Section 10, a person may keep, own or harbour
indigenous wildlife if the person keeping such animal is permitted to do so under
the authority of the Fish and Wildlife Conservation Act, S.O. 1997,c.41, and the
Canadian Wildlife Service.
Pigeons
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 4
13. Every owner of domestic pigeons shall,
(a) keep no more than thirty (30) pigeons at any time;
(b) be a member of a recognized pigeon club which is affiliated with a national
organization;
(c) ensure all pigeons are not kept in, upon, or under any dwelling unit,
apartment building or other building used for human habitation;
(d) keep all pigeons in a bird enclosure of sufficient size to house all birds; which
shall provide a minimum space of 1.0 cubic metres, with a minimum height of
1.0 metres for every 10 birds, and shall be constructed as to prevent escape
of pigeons;
(e) ensure the bird enclosure is located no less than seven (7) metres from any
dwelling unit, apartment building, commercial establishment, industrial
establishment, recreational establishment or other building used for human
habitation and no less than three (3) metres from any property line;
(f) ensure each pigeon wear a metal or plastic leg band that shall identify the
owner of the bird,
(g) ensure the pigeons do not stray, parch, roost, nest or rest upon any premises
other than on premises of the owner;
(h) keep the pigeons in a building, structure, loft, pen, coop or run which is
maintained in a state of good repair;
(i) lime wash, paint and disinfect the in walls and ceilings of all buildings,
structures, lofts, pens, coops and runs used for the keeping of pigeons other
than outside runs enclosed solely with wire, as necessary;
(j) remove and dispose of in a sanitary manner, on a regular basis, all pigeon
droppings and refuse;
(k) store all pigeon feed in animal-proof containers;
(1) keep the pigeons enclosed at all times, except to allow one daily flight; and
(m) ensure that no pigeon is fed when outside of its enclosure.
14. No person shall keep or permit to be kept pigeons in an enclosure that does not
provide adequate space or lighting or ventilation for the number of pigeons kept
within.
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 5
Animals running at large
15. No owner of an animal shall allow the animal to run at large within the limits of the
City.
16. Any person may take possession of any animal found running at large and shall
forthwith deliver the animal to an Animal Services Officer.
Control of animals
17. An Animal Services Officer may seize and impound any animal:
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(a) found running at large; or
(b) delivered to the City by a person finding the animal running at large.
18. An Animal Services Officer shall restore possession of the animal to a person
claiming it only where:
(a) the Owner claims possession of the animal; and
(b) the Owner pays to the City an impound fee as identified in Schedule 1 of this
by-law; and
(c) the person' demonstrates that the place at which they intend to keep the
animal is not within an area of the City where the keeping of such an animal
is prohibited by this By-law; and
(d) the owner' pays to the City any cost of veterinary care received by the animal
after being taken into possession that the Animal Services Officer deemed
necessary for the well being of the animal; and
(e) the owner pays to the City any cost(s) incurred by the City for the housing,
care and well being of the animal.
19. Where on the sixth day, exclusive of Sundays and statutory holidays, after the date
of impoundment, possession of the animal has not been restored to the Owner,
the City may:
(a) Sell or make gift of the animal; or
(b) Otherwise dispose of the animal, or
(c) If necessary, euthanize the animal.
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 6
20. Where an impounded animal is injured and should be euthanized without delay for
humane reasons, or for reasons of safety to person or animals, the Animal
Services Supervisor or his or her designate may.euthanize the animal as soon
after 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 destruction of the animal.
21. Where the Animal. Services Supervisor deems it necessary to euthanize an animal
pursuant to section 21 of this By-law, he or she shall first make every reasonable
in the circumstances to contact the owner.
Minimum Animal Care Requirements
22. Every owner shall provide or cause an animal to be provided with adequate food,
water, shelter and veterinary care as required to maintain the health and well-
being of the animal.
PART III - GENERAL PROHIBITIONS
23. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in
the urban area more than two (2) domestic ferrets or chinchillas in or about a
dwelling unit.
24. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in
the urban area more than three (3) domestic rabbits in or about a dwelling unit.
25. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in
the urban area more than one (1) pot bellied pig in or about a dwelling unit.
Feeding of Wildlife
26. No person shall feed wildlife within the City.
Exceptions
27. Section 27 shall not apply when,
(a) the person is feeding indigenous wild birds on their own property; and
(b) the person is feeding food appropriate to the birds normal diet; and
(c) the person ensures that all food and debris is contained within a bird feeder
on their own property; and
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 7
(d) the person ensures that any debris or bird waste is cleaned and disposed of
in a sanitary manner.
PART IV - LICENSING
General
28. Every person who operates or carries on any exhibit, public show, zoo, circus,
carnival or other display or act of entertainment in the City using any prohibited
animals, or use such animal in any film or television production must obtain a
temporary licence issued by the City and pay the amount prescribed in Schedule
„2„
Submission of Applications for Temporary Licence
29. All temporary licence applications shall be completed and submitted on forms
provided by the City.
30. The receipt of applications shall in no way obligate the City to issue a licence to
any person, partnership or corporation.
31. Every applicant shall submit to the City Clerk,
(a) a copy of the current deedto the property or other written proof, satisfactory
to the City Clerk, that they are the owner of the property. Or, where
applicable, written permission from the owner or property manager of the
property where the exhibit, public show, zoo, circus, carnival or other display
or act of entertainment is to be located and operated; and
(b) proof of membership in an accredited zoo association or other membership
satisfactory to the City Clerk; and
(c) proof of general insurance liability in the amount of not less than five million
dollars ($5,000,000.00) 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; and
(d) a written statement containing,
i) a full description outlining the nature and function of the exhibit, public
show, zoo, circus, carnival or other display or act of entertainment; and
ii) a full description of the number and. species of animals to be kept on site;
and
iii) a full description outlining the steps taken to ensure the safety of the
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 8
public; and
iv) a full description outlining. how animal waste will be disposed of.
32. Temporary licences shall not be issued for a particular location unless,
(a) the applicant has complied in all respects with any standards or regulations
under the jurisdiction of the City, Pickering Fire Department, Region of
Durham, the Durham Regional Police Service and any other applicable
authorities, laws or regulations;
(b) the animals are provided with a species-appropriate living environment;
(c) the animals are used or kept in a place that has protective devices which are
adequate to prevent the animals from escaping or injuring the public;
(d) a site inspection has been completed by the City and the site has. been
determined to be suitable.
33. The City may rescind any licence issued under this by-law at any time for non-
compliance with any provision of this by-law or any other applicable laws or
regulations.
Exceptions
34. Section 31(b) shall not apply to when the exhibitor or owner is displaying livestock.
Transfer
35. A temporary licence shall not be transferable.
Restrictions
36. No person shall operate or carry on any exhibit, public show, zoo, circus, carnival
or other display or act of entertainment in the City using any prohibited animals, or
use such animal in any film or television productions without a licence.
Inspections
37. 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.
38. For the purposes of an inspection, an officer may,
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 9
(a) require the production for inspection of any document or things. relevant to
the inspection;
(b) upon providing a receipt, 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.
39. All licensees shall display at all times, in a prominent location, a copy of their
temporary licence.
Restrictions
40. No licensee shall fail to display a temporary licence.
41. No person shall,prevent, hinder or interfere or attempt to prevent, hinder or.
interfere with an inspection undertaken by an officer.
Exceptions .
42. The provisions contained in Section 9 and 10 of this by-law shall not apply to
animals kept:
(a) at an animal shelter operated by or on behalf of the City, the Ontario Society
for the Protection of Animals, or the Humane Society.
(b) at a permanent, accredited zoo;
(c) by a medical or educational institution, or other accredited school where
animals are being kept for research, study or teaching purposes, on premises
registered as a research facility under the Animals for Research Act R.S.O.
1990 c.A.22;
(d) at a facility in which animals are placed for care pursuant to the Pounds Act;
(e) by a person holding a licence issued by the Government of Canada or the
Province of Ontario permitting the keeping of animals, subject to the terms
and conditions of the licence; or
(f) by a person with the necessary approvals under the Accessibility for
Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended;
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 10
(g) at a licensed veterinary hospital or clinic; or
(h) for the immediate emergency treatment to an injured, ill or abandoned
animal.
Offences and Penalties
43. Every person who contravenes any provisions of this By-law is guilty of an offence
and upon conviction is liable to a fine or penalty for each offence, exclusive of
costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, c. P:33, as
amended.
PART V_- GENERAL
Short Title
1. This by-law may be referred to as the "Prohibited/Exotic Animal By-law".
Repeal
2. By-law No. 1769/83 is repealed.
Effective Date
3. 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 day of February,
2011.
David Ryan, Mayor
Debbie Shields, City Clerk
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 11
SCHEDULE 1
IMPOUNDMENT FEES
Impoundment of animal $40.00
Impoundment of animal after regular working hours $120.00
Daily Care Fee: Every animal that is impounded is $20/day
subject to an additional charge for every day or part
.of a day after the day the animal is brought into
impoundment. This fee is in addition to any costs
charged due to the feeding, sheltering, veterinary
care, etc. while the animal is in the possession of
the City.
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 12
SCHEDULE 2
TEMPORARY LICENCE FEE
Temporary Licence Fee $200 per location
er day
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 13
SCHEDULE 3- PROHIBITED ANIMALS
A by-law to prohibit or regulate livestock/exotic animals.
Set out in the following tables are animals organized by Class, Order and Description.
Descriptions are provided for illustration purposes only and are not intended to limit the
extent of classes of animals referred to.
CLASS ORDER DESCRIPTION
MAMMALIA All All Families of Mammals are prohibited with
(MAMMALS) the exception of domestic dogs, cats,
chinchillas, degus, ferrets; gerbils, guinea pigs,
hedgehogs, hamsters, mice, rabbits, rats, pot
bellied pig, sugar gliders and livestock; as
defined and kept on property in an, agricultural
zone
CLASS ORDER DESCRIPTION
REPTILIA Crocodilia All families including crocodiles, alligators,
(REPTILES) caimans, harial, gavials
Squamata All constricting snakes that reach an adult
length of two (2) metres or more
All venomous snakes
All undomesticated snakes and/or lizards
All venomous lizards
All non-venomous lizards that reach an adult
length of two 2 metres from snout to ti of tail
Testudines All members of the Chelydridae family
(snapping turtles)
Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 14
CLASS ORDER DESCRIPTION
AYES (BIRDS) Anseriformes: All families including Ducks, geese, swans,
screamers, magpie-goose, with the exception
of livestock, as defined and kept on property in
an agricultural zone
Charaddiformes All families including gulls, waders and auks.
Galliformes All families including Pheasants, grouse,
guinea fowls, turkeys, chickens, with the
exception of livestock; as defined and kept on
property in an agricultural zone
Struthioniformes All families including Flightless
ratites (ostriches, rheas, emus, kiwis), with the
exception of livestock; as defined and kept on
property in an agricultural zone
Falconiformes All families including Hawks, eagles, falcons,
osprey
Stri iformes All families includin owls
CLASS ORDER DESCRIPTION
CHILOPODA All All venomous centipedes
(CENTIPEDES)
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Prohibit or regulate livestock/exotic animal By-law No. XXXX/11 Page 15
CLASS Order DESCRIPTION
INSECTA All all venomous insects which includes but
(INSECTS) is not limited to; bees, wasps, hornets,
jumping ants, bullet ants, and red
harvester ants with the exception of
livestock; as defined and kept on
property in an agricultural zone
CLASS ORDER DESCRIPTION
ARACHNIDA All all venomous spiders, and scorpions
(SPIDERS)
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SCHEDULE 4 TO BY-LAW
PASSED THIS
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Iflfl~
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ATTACFli'9E4` T a TO REPORT# C f-N o
Brenner, Lindsey 21
From: Linda Sherwood
Sent: July-17-10 9:13 PM
To: Brenner, Lindsey
Subject: RE: exotic pets
Hi Lindsey,
Thank you for forwarding this draft by-law which looks good to me. I'll look forward to it coming into
effect in the fall. If there's anything I can do to help this happen I'd be pleased to assist.
Linda Sherwood
From: lbrenner@cityofpickering.com
To: '
Date: Wea; i jul 2010 13:09:56 -0400
Subject: RE: exotic pets
Hi Linda
I have attached a copy of our draft by-law. Please feel free to review it and provide me with any comments you may
have.
I am hoping to have all comments back by July 23rd at the latest.
Thanks in advance and feel free to give me a shout if needed.
Lindsey Brenner
Supervisor, Animal Services
Clerks Office
City of Pickering
T. 905.420.4660 ext. 2065
Toll Free: 1.866.683.2760
F. 905.420.9685
Ibrenner(cDeity.pickering.com
www.citvofpickering.com
www.cityofpickering.com/animals
WAPlease consider your environmental responsibility - think before you print! www.sustainablepickering.com
From: Linda Sherwood [
Sent: June-09-10 10:33 AM
To: Brenner, Lindsey
Subject: RE: exotic pets
Can anyone have a vote for this? Will the public be notified at all?
Thanks again!
From: lbrenner@cityofpickering.com
To:
Date: Wed, 9 Jun 2010 lu:u5:4u -0400
Subject: RE: exotic pets
i
I am hoping before the end of the year, if not sooner
22
From: Linda Sherw6od
Sent: June-09-10 10:05 AM
To: Brenner, Lindsey
Subject: RE: exotic pets
Thank you for your response. Can you tell me how long that process will take?
> From= Ibrenner(a)citvofpickerin .com
> To :
> Date: Wed, 9 Jun 2010 09:43:26 -0400
> Subject: FW: exotic pets
> Hello
> At this time you are not allowed to have a sugar glider however we are in the process of changing our
by-law and they may be allowed at that time.
-----Original Message-----
> From: Richardson, Christine On Behalf Of Clerks Web Email
> Sent: June-09-10 9:39 AM
> To: Brenner, Lindsey
> Subject: FW: exotic pets
>
>
> -----Original Message-----
> From: Linda mailto:
> Sent: June-06-10 7:06 PM
> To: clerks(a)cityofpickering.com
> Subject: exotic pets
> Hello,
> I notice that in this section of the by-laws Sugar Gliders are not
> mentioned - as they are and allowed in Ajax. Will you please confirm
> that they are allowed in Pickering as well?
> Many thanks.
> PRIVILEGE AND CONFIDENTIALITY NOTICE
>
> As regulated by the Personal Information Protection and Electronic Documents Act, S.C. 2000 C5, this
electronic transmission, including all attachments, is directed in confidence to the person(s) to which it is
addressed, or an authorized recipient, and may not otherwise be distributed, copied, printed or disclosed.
If you have received this electronic transmission in error, please notify the sender immediately by return
transmission and then immediately delete this transmission, including all attachments, without copying,
printing, distributing or disclosing same. Thank you
PRIVILEGE AND CONFIDENTIALITY NOTICE
As regulated by the Personal Information Protection and Electronic Documents Act, S.C. 2000 C5, this electronic
transmission, including all attachments, is directed in confidence to the person(s) to which it is addressed, or an
authorized recipient, and may not otherwise be distributed, copied, printed or disclosed. If you have received this
electronic transmission in error, please notify the sender immediately by return transmission and then immediately delete
this transmission, including all attachments, without copying, printing, distributing or disclosing same. Thank you
2
Brenner, Lindsey 2 3
From:
Sent: September-02-10 12:51 PM
To: Brenner, Lindsey
Subject: Re: New by-law
Hi Lindsey,
All in all it looks like a good by-law. You've been pretty specific on species and I like that. The only area I see
that will cause some controversy is the pigeon section. You've taken it from 70 to 30. That.s a drastic drop.
Most pigeon owners I know have more than 30. You're looking at a non invasive species and I find that pigeon
racers are very responsible about the housing and care of their birds.
Kind regards,
Ron Reid
Fron "Rrcnncr I inriccv" -Ikrnnnorni-iiinfnir•L[Pring.com>
To: - - - - - - - - - -
Cc: "McLean, Bill, Councillor" <bmclean@cityofpickering.conl>; "Shim, Marla" <mshim@cityofpickering.com>; "Hardy,
Douglas" <dhardy@cityofpickering.com>
Sent: Thu, September 2, 2010 11:01:23 AM
Subject: RE: New by-law
Hello Mr. Reid
I am attaching the current draft by-law that you are speaking about. Feel free to take a look and provide any
comments that you might have back to me by September 13`h. I have already received feedback from various
organizations, however their comments have not been incorporated yet.
If you have any questions, feel free to contact me directly.
Lindsey Brenner
Supervisor, Animal Services
Clerks Office
City of Pickering
T. 905.420.4660 eat. 2065
Toll Free: 1.866.683.2760
F. 905.420.9685
lbrennerncityopickering com
www. cityo fp icke:ring. com
www.cityofpickering.com/animals
MAPlease consider your euvironmental'responsibility think before you print!
www.sustainablepickering.com
1
From: 11fardy, Douglas
Sent. A M-1A
To:
Cc: Brenner, Lindsey; McLean, Bill, Councillor; Shim, Marla
Subject: RE: New by-law
Good morning Mr. Reid,
'Thank you for your email. Please be advised that by copy of this email I will :request that Lindsey Brenner,
Supervisor, Animal Services, review and respond to your request below.
Customer Care staff will continue to follow up to ensure your concerns are addressed.
Please feel free to contact the Customer Care Centre should you have any further questions or concerns.
please copy Councillor
Lindsey -can you please copy me on the response so I may update the file, as well.
McLean.
Regards,
Doug Hardy
Customer Care Representative
Office of the CAO
T. 905.420.4660 ext. 2026
Tall Free 1.877.420.4666
F. 905.420.4610
TTY. 905.420.1739
dhardyncityofpickering con
www.cityofpickering.com
Please consider your environmental responsibility - think before you print':
www.sustainablepickering.com
From: McLean, Bill, Councillor
Sent: September 2, 2010 4:13 AM
To: ,
Cc: Customer care
Subject: RE: New by-law
Thanks for your thoughts Ron, I will get our customer care to get a copy of the draft by law for this. It does not to the best of my
knowledge include parrots.
From:
Sent: September 1, 2010 3:44 PM
To: McLean, Bill, Councillor; McLean, Bill, Councillor
Subject: New by-law
Hi Bill,
I was very sorry to hear of your illness but it's good to know that you are OK and on the mend. I'm writing you
today in regards to a proposed and/or change to a by-law in regards to "exotic" pet ownership. I would really
2
like to see a copy now. This is sopmething close to me as I am a parrot owner. I've seen these type of laws
attempted to be instituted in Toronto and in all the frenzy about snakes, spiders and other exotic and possibly
dangerous animals, parrots seem to get lumped in. 25
So if you could get me a copy by e-mail or just drop by and we can chat about it, I'd be most appreciative.
Kind regards,
Rnn Reid
PRIVILEGE AND CONFIDENTIALITY NOTICE
As regulated by the Personal Information Protection and Electronic Documents Act, S.C. 2000 C5,
this electronic transmission, including all attachments, is directed in confidence to the person(s) to
which it is addressed, or an authorized recipient, and may not otherwise be distributed, copied,
printed or disclosed. If you have received this electronic transmission in error, please notify the
sender immediately by return transmission and then immediately delete this transmission, including
all attachments, without copying, printing, distributing or disclosing same. Thank you
3
26
Brenner, Lindsey
From: David Desoer
Sent: July-10-10 10:49 AM
To: Brenner, Lindsey
Subject: Re: Bylaw Exemption
Lindsey,
I have had a chance to look through your proposed bylaw and have some criticisms of it I would like
to bring up.
Firstly, with respect to the temporary licenses it mostly looks quite acceptable in principle but some of
the provisions effectively eliminate the possibility of events being run by any but the largest
institutions. The most obvious provision is the need to be CAZA or similarly certified. I believe at the
moment that Indian River is the only exotics organization that is CAZA certified in the province.
Other people like Ssciensational Snakes, Little Ray's, the Travelling Reptile Show etc. who do
presentations throughout the province on a regular basis would not be able to provide accreditation.
from any organization (well, sscisnakes has MNR permits for native species, so they might be fine).
Provided the "otherwise licensed by an appropriate authority" were interpreted loosely enough, this
might not prove to be a large problem. If not, however, it could be overly prohibited. To give you an
example: Though it is not a regular occurrence, I am occasionally asked to do arachnid
presentations. I have presented at various venues (University of Guelph, Ontario Vet College,
provincial parks, festivals etc.) and will often use live specimens in my presentation. Even the native
spider walks I give at Selkirk provincial park each year or for the local Girl Guides run better if I bring
along a nice, friendly tarantula to act as an
ambassador for the class. I am not accredited by any organization.
The same would hold true for arachnocon which was held in Mississauga this year and was quite a
success.
The other point perhaps a small one is that the policies carried by many of the smaller but
respectable organizations seems to be 2M liability. This will undoubtedly be changing, though, and
you may simply be on the vanguard of increasingly large average settlements.
Obviously I can't speak for all organizations on this front either, as this is not a commonly shared
figure and I am going.on a bit of first-hand experience coupled with heaps of hearsay.
Other than that, it looks perfectly reasonable. Permission from the venue, proper housing, proper
safety procedures, compliance with fire codes these all make a lot of sense.
Now, though this was not an area we had discussed in particular, I feel I should provide my input on
the animal side of things. I'm just going to discuss things in an informal manner, but if you would like
something more formal written up or proper references for any of the points, please let me know.
Firstly, the number restrictions on mammals. I cannot comment on pot belly pigs as I have very
limited experience with them. Three rabbits seems like a fairly reasonable provision assuming the
goal is to keep
people from starting basement rabbitries. My one concern would be
with the ferrets. Ferrets are very social, curious, active animals.
The require a great deal of stimulation throughout the day.
i
i
27
Particularly if nobody is home during the day, it is often wise to have at least two ferrets to keep each
other entertained. This helps fend of boredom and keeps them in good shape. That being said, one
store where I have worked has an owner who is ferret crazy and thus has an emphasis on the proper
care of ferrets. It has been our experience that three ferrets is an almost perfect number. It seems to
guarantee that if one wants to sleep and one wants to play, the third is almost always up for the
playing. As a result of the enthusiasm of the owner and the fact that they have healthy, active,
socialized ferrets there is a decent community of ferret fans in the area. A good chunk of them have
also discovered that having three ferrets works out really well. Some have more, of course, but many
have three. I think that limiting numbers to two rather than three may be a disservice to the ferrets
people keep. I would therefore recommend raising the limit to three. There is a ferret organization
that has showed up at the Mississauga Reptile Expos the last few iterations. If you were looking for
further ferret input, they may be a direction to look. I am by no means experienced with the animals
and have never kept them at home myself.
Moving onto something I do have more experience with: reptiles. The prohibition on crocodiles is
bang on! Bravo! Institutions properly set up to take care of crocodilians are few and far between.
Private individuals are a very, very rare breed. Yes, Paleosuchus generally stay under 6 feet but
I've played with a four footer and it is not to be recommended. I generally oppose prohibitions of any
sort and would love to see language in the bylaw allowing people to make individual petitions to be
allowed to keep prohibited animals if they can demonstrate that they are able and willing to provide
adequate facilities and have the expertise to deal with the creatures but if I were writing the law
then crocodiles would be tops on my list for
restriction. Similarly, I fully understand the restriction on
snapping turtles. You aren't allowed to keep commons anyhow without MNR, permits and alligator
snappers are large, dangerous animals. Once again, I would love to see it be made possible for
individuals to petition for exemption but this is an aside.
Things aren't quite so good in the squamata section, though. I have no problems with the venom
prohibition, provided it is enforced reasonably (Western Hognose are technically venomous, but are
not considered a danger to people and are a commonly kept pet snake).
Most jurisdictions seem to be fairly good with this, though, so I'm not overly concerned. Some might
tell you that there are other rear-fanged snakes like false water cobras that should be exempt
but the actual danger presented by many of the rear-fanged colubrids is. underestimated. The two
meter restriction on lizards seems a reasonable one. It allows all the popular pet species (bearded
dragons, water dragons, basilisks, smaller monitors etc.) but prohibits the larger monitor lizards.
The one meter limit on snakes, however, prohibits a very large number of commonly kept and
completely harmless species. Ball pythons and corn snakes are the most commonly kept pet
snakes. They are loved for their calm dispositions and the variety of morphs they come in due to
selective breeding. If you go on any online forum, into any pet store etc. and ask about getting your
first snake, you are likely to be pushed towards a ball python or a corn snake. Both are constrictors
in that they hunt by constricting their prey. Ball pythons regularly exceed one meter. A corn snake
that doesn't exceed a meter is either a genetic freak or has been grossly mistreated. Even at two
meters you have a variety of rat snakes, bull snakes, small pythons etc. that pose no threat to people
or even their cats and dogs (excepting, perhaps,. teacup chihuahuas and the likes dogs smaller
than rats).
In looking at things from a public safety standpoint, it seems wrong to ban snakes that are capable
only of a minor bite (much less severe than, for example, a cat even discounting the stunning
frequency of post-bite infection from feline bites). Many commonly kept snakes at 6' can't even make
your fingers tingle if they constrict your wrist.
2
This is~not to say that there aren't dangerous snakes. Boa constrictors are at the upper limit of what
one person can safely handle. I believe it is for this reason that many municipalities have adopted a
3m/2m rule. 3m for snakes. 2m for lizards. Off the top of my head, I can't think of a species that is
heavy enough in body at 8'
that it can cause serious damage but doesn't grow up to violate a 3m rule. That effectively eliminates
the big ones (burmese, rock, reticulated and scrub pythons, anacondas, boa constrictors, larger
carpet pythons etc.). In truth, regulating by weight would probably
be a more logical choice but it obviously isn't as easy in terms of enforcement at a glance and
leaves some room for honest error and misinterpretation. If you wanted to eliminate all the heavy-
bodied snakes at a lower limit, you could use something like "any Boidae or Pythonidae that exceeds
2m at adult size." which would eliminate those on the border of being dangerous to, say, an
unattended newborn without banning something like my yellow rat snake which is over 7'
long but not much thicker than a toonie in his belly. I recognize that you may have been limiting to
Pythonidae and Boidae through your use of the term "constrictors," but in fact this method if hunting
is not at all limited to these families.
I am a little unclear as to the purpose of the prohibition on squamata from non-domestic sources. I
see in the definitions that domestic is expanded to include those animals from captive'stock. Is the
idea simply to prohibit the keeping of wild caught animals?
With respect to the amphibians, I suspect there maybe some issues with the language. Do you
exclude all toads on the basis that they have parotoid glands even though the venom from many is
completely harmless and we have two native species in the wild in this province?
Likewise, do you ban poision dart frogs which do not sequester the necessary dietary compounds in
captivity to produce their toxic secretions? The argument could be made that many amphibians
produce compounds which are technically toxic but these are mainstays of the amphibian keeping
hobby and don't result in poisonings despite being kept by numerous keepers including children for decades.
There are a handful of species for which the argument for prohibition might be made. Cane/marine
toads produce a fairly strong bufotoxin.
They are extremely hesitant to expel it and I have dealt with many including one we kept in captivity
for approximately a decade without ever having one attempt to secret its poison. That being said,
since the poison is quite powerful, I can understand the desire
to ban them. I think a better way of determining what is
"poisonous" might be useful.
"All venomous centipedes" is a redundancy, as all centipedes are venomous. Likewise, all
venomous scorpions and spiders is almost a redundancy. There is one family of spiders which does
not contain venom. It is a family of very small species that tend to make very interesting webbing and
there are representatives that can be found in Ontario. That being said, with this one small
exception, all scorpions and all spiders have venom. That being said, out of over 1400 species and
subspecies of scorpion, only 25-50 (depending on who you ask) are considered medically significant.
Many possess venom with effects well below what many of our house spiders can deliver.
If you want to eliminate all of the specimens considered medically significant, you need only eliminate
the family Buthidae as well as
those of the genus Hemiscorpius. To be fair, there are many Buthids
that do not have a particularly bad sting but those most commonly kept from this family are among
the worst out there and do pose a threat to the lives of infants.
The same general principal could be'applied to spiders. There are no recorded fatalities from any
tarantula and those producing more severe effects are few and far between. Ottawa has provided a
3
29
list of allowed species which is a step in the right direction but ultimately limiting to the hobbyist (given
there are only three genera listed, I believe). I would like to see a prohibition more targeted towards
the truly dangerous spiders. Latrodectus, Phoneutria, Loxosceles, Sicariidae there may be more
and I could compile a more exhaustive list if this was a direction you wanted to go. These are not
often kept by hobbyists the exception being Latrodectus which is fairly abundant due to its habit of
migrating up here with our produce, being found by someone and then being passed off to their
"spider keeping friend." There is a native species but it is rarely found and even more rarely kept.
I can't really comment on birds.
As I said, this is very much just off the top of my head. I can obviously provide more detail on any
points if necessary and can provide references for some of the more contentious points if required. I
hope I did not sound overly critical. I do applaud any attempt to review existing bylaws and to seek
input on the process.
Cheers,
Dave
On Wed, Jul 7, 2010 at 1:12 PM, Brenner, Lindsey <Ibrenner@cityofpickering.com> wrote:
> Hi Dave
> You had contacted me at the start of the year regarding bringing.exotic/prohibited species into
Pickering for an event.
> I have attached a copy of our draft by-law. Please feel free to review it and provide me with any
comments you may have.
> I am hoping to have all comments back by July 23rd at the latest.
> I
> Thanks in advance and feel free to give me a shout if needed.
> Lindsey Brenner
> Supervisor, Animal Services
> Clerks Office
> City of Pickering
> T. 905.420.4660 ext. 2065-
• Toll Free: 1.866.683.2760
> F. 905.420.9685
> Ibrenner@city.pickering.com
> www.cityofpickering.com
> www.cityofpickering.com/animals
> Please consider your environmental responsibility - think before you
> print! www.sustainablepickering.com
>
> -----Original Message-----
> From: David Desoer
4
> Sen~ 9anuary-25-10 12:15 PM
> To: Animal Services Web Email
> Subject: Re: Bylaw Exemption
> Excellent. I -am looking towards late summer this year or next for my
> event. 'May work out well. If you need any input regarding exotics
> feel free to ask. I'm always willing to put in my two cents.
> Cheers,
> Dave
> On Mon, Jan 25, 2010 at 12:05 PM, Animal Services Web Email
> <IMCEAEX-_O=TOP_OU=MAIL_CN=RECIPIENTS_CN=ANIMALSERVICES@cityofpickerin
> g.com>
> wrote:
I am. hoping to have it go to council within the next few months. It
should be ready for public input by the end of next month
-----Original Message-----
From: David Desoer [mailto:-__
Sent: Monday, January 25, 2010 12:00 PM
To: Animal Services Web Email
Subject: Re: Bylaw Exemption
Thank you for your prompt reply. Do you have an anticipated timeline
on the changes to the bylaws?
Cheers,
Dave
On Mon, Jan 25, 2010 at 11:53 AM, Animal Services Web Email
<IMCEAEX-_O=TOP_OU=MAIL_CN=RECIPIENTS_CN=ANIMALSERVICES@cityofpickeri
ng.com>
>>wrote:
Hi David
Thanks for the email. At this time our by-law does not allow for exceptions. With that being said,
we are in the process of redoing our by-law and are planning on including a section to licence/permit
various types of events. I cannot tell you at this time if your event would be allowed but it is a
possibility.
I will ensure that I include you in the mailings once we have the
proposed by-law ready
Lindsey Brenner
Supervisor, Animal Services
Clerks Division
5
City of Pickering
T. 905.420.4660 ext. 2065 31
Toll Free: 1.866.683.2760
F. 905.420.9685
Ibrenner@city.pickering.com
www.cityofpickering.com
www.cityofpickering.com/animals
Please consider your environmental responsibility - think before
you print! www.sustainablepickering.com
-----Original Message
From: David Desoer [mailto:u,,--
Sent: Monday, January 25, 2010 11:22 AM
To: animalservices@cityofpickering.com
Subject: Bylaw Exemption
Hello,
Several years ago, I organized a small lecture series at the
University of Guelph for amateur arachnologists and
arachnoculturalists. It went over well. I have recently floated
the idea of a somewhat bigger event and it seems to have been well
received. Many people from across Canada and the US have expressed
an interest in attending. I was hoping to hold it in the vicinity
of the Metro Toronto Zoo since I can include a trip to the zoo as
part of the event.
I was hoping to model the event after the Arachnocon events that
took place in 2006 and 2007 in San Antonio. Although I did not make
the second, I was a guest speaker at the first and thought it went
rather well. The event consisted. of a social, a lecture series and
a show where people could buy and sell arachnids, enclosures, books etc.
Unfortunately, both Pickering and Toronto bylaws prohibit the
keeping of these animals so such a show would not be viable without
>>>a bylaw exemption. I already approached the Toronto Animal. Services
and they do not even seem willing to discuss the possibility. I do
know that Mississauga has granted exemptions for the shows hosted by
Grant Crossman (www.reptileexpo.ca) and was hoping that maybe
Pickering might be willing to do something similar especially for
an event focused on education rather than the commercial trade.
Please let me know what may be possible with respect to an exemption
or some sort of agreement to allow the even to go forward. I thank
you for taking the time to read this.
Sincerely,
David Desoer
PRIVILEGE AND CONFIDENTIALITY NOTICE
6
1
32
Brenner, Lindsey
From: Ron
Sent: July-07-10 4:36 PM
To: Brenner, Lindsey
Subject: RE: DRAFT-prohibited species by-law
Attachments: KEEPING OF PIGEONS IN AJAX ONTARIO.doc; MODEL BYLAW.doc
Hi Lindsey
Thanks for the copy of the by-law for'the City of Pickering. Last year I was involved with updating the animal by-law for
the town of Ajax. I do believe that the part of the by-law concerning pigeons was the very same as the one you sent me
from Pickering.
I have attached a copy of the Ajax by-law that is now in place for your use.
If you have any questions or concerns please feel free to e-mail or phone me.
I have also attached a copy of a model by-law for you to view that was adopted by the Canadian Racing Pigeon Union.
Kind Regards
Ron Hastie
CRPU By-law Chairperson
From: Brenner, Lindsey [ma i Ito: I brenner@cityofpickeri ng.com]
Sent: Wednesdav. ]ulv m 2010 4:07 PM
To: ' '
Subject: DRAFT-prohibited species by-law
Hi Ron
Further to the brief conversation that we had, I have attached our draft by-law for your review and
comments.
am hoping to have all comments back by July 23rd at the latest.
Thanks in advance
Lindsey Brenner
Supervisor, Animal Services
Clerks Office
City of Pickering
T. 905.420.4660 ext. 2065
Toll Free: 1.866.683.2760
F. 905.420.9685
Ibrenner(d-)city.Pickering. com
www.citvofpickering.com
www.cityofpickering.com/animals'
V Please consider your environmental responsibility - think before you print!
www.sustainablepickering.com
1