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HomeMy WebLinkAboutCL 07-04 68 REPORT TO EXECUTIVE COMMITTEE Report Number: CL 07-04 Date: January 26, 2004 From: Bruce Taylor, AMCT, CMM City Clerk Subject: By-law to Licence and Regulate Pet Shops and Kennels Recommendation: 1. That Clerk's Report CL 07-04 regarding the licensing and regulating of pet shops and kennels be received. 2. That the draft by-law to licence and regulate pet shops and kennels be forwarded to Council for enactment. Executive Summary: To provide a by-law for Council's consideration to licence and regulate pet shops and kennels. Financial Implications: Approximately $400 in licensing fees Background: Please find attached to this Report a draft by-law to licence and regulate pet shops and kennels. This by-law was prepared in response to the large number of correspondence that was received by the City throughout the later part of 2003 from individuals who were concerned about the treatment of animals at pet shops. A draft by-law was sent out to a number of local pet shops and kennels, veterinarians and animal service agencies as follows: Pet shops that sell animals: Lucky Pets P.J.'s Pet Centres Ltd. PetSmart Inc. Norma Kromrey Report CL 07-04 January 26, 2004 69 By-law to Licence and Regulate Pet Shops & Kennels Page 2 Kennels: Barbara Melless Veterinarians: Millennium City Veterinary Hospital Pickering Animal Hospital Rosebank Animal Hospital Sheridan Veterinary Services Whites Road Veterinary Clinic Animal service agencies: Ontario Humane Society Humane Society of Durham Region PAW Animal Services Centre In addition to the above, I received a large number of requests from individuals for copies of the by-law and to be notified of the meeting where the by-law would be considered. Notice of the meeting was also published in the Community Page of the News Advertiser on February 4, 2004 in accordance with the requirements of the Municipal Act and Council's Notification Policy. Several persons, including a veterinarian, and a representative of the Animal Alliance of Canada provided excellent suggestions to make the by-law stronger and provide more protection for the animals that are housed in pet shops and kennels. I would point out that I have not received any negative comments from any of the pet shops or kennel that are located or locating in Pickering. There is currently in effect a by-law to provide regulations for kennels and that by-law has been incorporated into this proposed by-law so that there is one set of regulations that govern the keeping of animals for sale, boarding and breeding. The following are the major regulations of the proposed by-law: . all pet shops and kennels must be licenced and their operations must be in compliance with this by-law and the Zoning By-law. public animal shelters, rescue leagues, veterinary clinics, and other related organizations are exempt from the by-law. no person shall be entitled to a licence where they have been convicted of a crime against animals. where a licence has been refused, suspended or revoked, the applicant may appeal the decision of the Clerk to Council. . . . ?O Report CL 07-04 January 26, 2004 By-law to Licence and Regulate Pet Shops & Kennels Page 3 . the Clerk or any Provincial Offences Officer, which includes a Municipal Law Enforcement Officer, a Police Officer and an Officer of the Ontario Humane Society or the PAW Animal Services Centre may inspect the premises of pet shop or kennel, including rooms or spaces that are not accessible to the public. No pet shop shall sell any animal that is prohibited in the City's Exotic Animal By- law. Sections 18(a) to 18(d) require that every pet shop shall be kept clean, properly vented and lighted and the temperature shall be appropriate for the species of animals kept in a particular environment within the store. Sections 18(e) to 18(i) requires that proper cages be provided based on the species of animal kept within them and that the animals are properly fed. The owner of a pet shop shall ensure that his staff is properly trained in the handling and care of animals and that they are properly supervised. No animal shall be sold that is diseased. Any animal showing signs of sickness or disease shall be examined by a veterinarian within 24 hour of the onset of the illness. Young animals that have not been properly weaned shall not be sold. The owner shall keep a register of every animal that includes such information as where the animal was purchased from and any treatment by a veterinarian. This register shall be made available to an Officer of the City of Pickering upon request. Regulations respecting the keeping of dogs and cats in a kennel are provided, including the size of the enclosures, the temperature of the facility and the construction of the facility. Kennels shall be maintained in a clean and sanitary condition and all excrement shall be removed within a 24-hour period. All animals in a kennel shall be provided with fresh drinking water at all times. All animals showing signs of illness shall be given the care of a veterinarian. A register shall be kept showing the names and addresses of the owners of all cats and dogs care for at a kennel and the dates of their arrival and departure. The Municipal Act provides for a fine of up to $25,000 for individuals and $50,000 for corporations that contravene this by-law. . . . . . . . . . . . . . . Attachments: 1. Draft By-law pre.p. ar~y: //l h B'Fuce Taylor, AMCT, CMM City Clerk ( ---......... Report CL 07-04 January 26, 2004 ~71 By-law to Licence and Regulate Pet Shops & Kennels Page 4 Attachment Copy: Manager, By-law Enforcement Services Recommended for the consideration of Pickering City Council " 72 ATTACHMENT#-Lro REPORT # C L Ó7 - of THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to licence and regulate pet shops and kennels in the City of Pickering. WHEREAS pursuant to Section 150(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, a local municipality may licence, regulate and govern any business wholly or partly carried on within the municipality even if the business is being carried on from a location outside the municipality; and WHEREAS regulations are required to ensure that the health and safety of animals kept or sold in pet shops or kennels is maintained and that consumers are protected from being sold animals that are diseased; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. 2. 3. Definitions In this By-law, a) "animal" includes all mammals, fish, reptiles or birds, intended as pets. b) c) "City" means the Corporation of the City of Pickering. "Council" means the Council of the Corporation of the City of Pickering. d) "kennel" means every shop, place or premise where dogs or cats are regularly boarded, or where dogs or cats are sold, offered for sale, or let for hire for breeding purposes or which are raised on the premises or kept at other facilities under contractual arrangements. e) "Municipal Clerk" means the Municipal Clerk for the Corporation of the City of Pickering. f) "person" includes a natural individual, a corporation, association or partnership. g) "pet shop" means every shop, place or premise, where, in the calendar year, more than three (3) animals for use as pets are sold or kept for sale. Licence Required - Offence No person shall conduct any business in or upon any premises or part thereof, or carry on any trade or calling in the City of Pickering for which a licence is required under Section 3 hereof unless they hold a licence issued therefore by the City and has paid the licence fee therefore, required by this By-law, in accordance with Schedule "A" attached hereto. Licence Required - Pet Shop/Kennel A licence shall be obtained by every person who carries on the business of a pet shop or kennel within the limits of the City of Pickering. ATTACHMEN-' #--1- TOREPORT#.cL Cr1- oc.¡ - ..i. Ucenca E:tsmptions 7a No ¡icence shall be required for the following operations: a) an animal shelter operated by or on behalf of a public authority; b) an animal shelter operated by a recognized animal rescue organization or other organization dedicated to the rights of animals; c) a veterinary hospital or clinic; d) e) a publicly funded educational institute; any facility in which animals are placed for care pursuant to the Pounds Act. 5. Application - Time For Applications for the issuance or renewal of a licence for a pet shop or kennel for any given year must be received by the Municipal Clerk, in the form prescribed by the Municipal Clerk, on or before the 31st day of December for the next ensuing licence and calendar year. 6. Licence - Must Comply With Zoning No licence shall be issued for a pet shop or kennel on premises where the City's Zoning By-laws do not permit the use of those premises for such purposes. 7. Licence - Display Each pet shoplkennel licence, when issued, shall be posted in a conspicuous place on the premises so licenced. 8. Licence - Requirements No person shall be entitled to obtain a licence where: a) the past conduct of the applicant or licencee affords reasonable grounds for the belief that the applicant or licencee will not carry on the activity for which the applicant is licenced or to be licenced, in accordance with law; b) the issuance of the licence or renewal of the licence would be contrary to the public interest; c) the applicant or licencee is carrying on activities that are, or will be, of the applicant is licenced, in contravention of this By-law; d) there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in respect of which the licence is required do not comply with the provisions of this By-law or other applicable law; or e) if the applicant or licencee is a corporation, the past conduct of the officers or directors affords reasonable grounds for the belief that the applicant or licencee will not carry on the activity for which the applicant is to be licenced in accordance with law. 1) the applicant is serving a sentence imposed as a result of a conviction of a crime against animals. 74 ITTACHMEi'n #-L- TO REPORT#...-~'L ()7- (yf 1. LJcanca Revocation A licence granted pursuant to this By-law may be revoked where the :ïcencee does !lot comply with the provisions of this By-law or where such licence has been issued through error or where the licencee has been convicted of a crime against animals. 10. Licence Suspension Where any licencee is convicted of an offence under this By-law, the licence shall be suspended forthwith and shall not be reinstated until the Municipal Cterk or his/her designate or a Provincial Offences Officer certifies in writing that the conditions resulting in the conviction have been remedied and that the premises and its proposed operation comply with this By-law. 11. Licence - Expiration Licences issued under the provisions of this By-law, unless otherwise expressed to be granted for a shorter period, shall expire on December 31st of the year for which they have been issued. 12. Licence - Non-transferable No licence issued pursuant to this By-law is assignable or transferable. 13. Licence - Partnership Persons associated in a partnership applying for a licence under this By-law shall file with their application a statutory declaration in writing, signed by all members of the partnership, which declaration shall state: (a) the full name of every partner and address of his, her or its ordinary residence; (b) the name or names under which they carry on or intend to carry on business; (c) that the persons therein named are the only members of the partnership, and (d) the mailing address of the partnership. 14. Licence - Corporation Every corporation applying for a licence shall file with their application a copy of its articles of incorporation or other incorporating document and shall file a statutory declaration, in writing, signed by an officer of the corporation, which declaration shall state: a) the full name of every officer, director and shareholder and the address of each officer's, director's and shareholder's ordinary residence; b) the name or names under which it carries on or intends to carry on business; c} that the persons therein named are the only officers, directors and shareholders of the corporation; and A~ :~. J:,TTACHMENT #-1- TO REPORT#~ð?- eJl.f d' the mailing address for '¡hecorporation. 75 Hearing (a) Where the Municipal Clerk believes that the applicant or licencee would be disentitled to a licence or a renewal thereof for any of the reasons set out in this By-law, the Municipal Clerk shall not issue the licence and the Municipal Clerk shall recommend to Council that Council shall refuse to issue or refuse to renew the licence, or that Council suspend or revoke the licence, or recommend that a licence be issued subject to terms and conditions. (b Before Council refuses to issue or refuses to renew a licence, or revokes or suspends or cancels a licence, a written notice advising the applicant or licencee of the recommendation being made by the Municipal Clerk to Council with respect to the licence shall be given to the applicant or licencee by the Municipal Clerk. (c) The written notice to be given hereunder shall: i) ii) set out the grounds for the recommendation; give reasonable particulars of the grounds; Iii) be signed by the Municipal Clerk; and iv) inform the applicant or licencee that they are entitled to a hearing before the Council, if they deliver, within seven (7) days after the date of service of the written notice, or the date of personal service of the written notice, whichever is later, a written request for a hearing before the Council. (d) On receipt of a written request for a hearing from an applicant or licencee, the Municipal Clerk shall advise Council and request Council to convene a meeting and shall give the applicant or licencee reasonable written notice thereof. (e) The applicant or licencee shall have the right to make submissions in support of an application or renewal or retention of a licence at such hearing and when the applicant or licencee who has been given written notice of the hearing, does not attend at the proper time and place, the Council may proceed with the hearing in the applicant's or licencee's absence and the applicant or licencee shall not be entitled to any further notice of the proceedings. (f) At the conclusion of the hearing the Municipal Clerk shall, as soon as practicable, prepare a written report on the hearing, which shall summarize the evidence and the arguments presented by the parties to the hearing, set out the findings of fact and the decisions made by the Council and set out the reason for the decision. (g) If the applicant or licencee signifies that he is prepared to accept conditions upon the licence and to make no objection to such conditions, Council may grant a licence or the renewal of a licence upon such conditions as the Council consider appropriate. 76 f"', fI t:--Lro REPORT # Cl (."7- (j'T - ~ 'J, jllspec:tionsoÝ Premises The Municipal Clerk or his/her designate or a Provincial Offences Officer may, at any reasonable time, inspect the premises of the owner or operator of a pet shop or kennel and the equipment and other personal property used or kept for hire in the carrying on of the business. 17. Regulations - Pet Shops No owner or operator of a pet shop shall keep or sell any animal prohibited by any by-law of the City of Pickering. 18, Every owner of a pet shop shall comply with and ensure compliance with the following requirements in the operation of the pet shop: a) the pet shop shall be maintained at all times in a sanitary, well-ventilated, clean condition, and free from offensive odours; b) every animal shall be kept in sanitary, well-bedded, well-lighted, clean quarters, kept at a temperature appropriate for the health requirements of the type of species of animal housed therein; c) all cages, tanks, containers or other enclosures in which animals are housed on the premises shall be located in such a way as to provide maximum comfort to satisfy the known and established needs for the particular species so housed and shall be provided with safeguards to prevent extreme environmental changes and to prevent undue direct physical contact with such animals by the general public; d) where the quarters used for the housing of any animal form part of or are physically attached to a building used for human habitation or to which the public have access, such quarters shall have a concrete or other impermeable floor with a drain opening hooked to a sanitary system, and such floor shall be thoroughly cleaned and washed with water at least once each day, or more often than once if necessary to keep the said floor clean; e) every cage or other container used for the keeping or housing of any animal shall: i) be of adequate size to permit any such animal or bird to stand normally to its full height, to turn around, and to lie down in a fully extended position; ii) in the case of all other cages or containers, have a floor of either solid or 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: A) all spaces in wire mesh shall be smaller than the pads of the foot of any animal confined therein; B) any such wire mesh shall be of a thickness and design adequate to prevent injury to any such animal; and C) such floor shall be of sufficient strength to support the weight of any such animal. iii) be equipped with receptacles of stainless steel construction for food and for water, so mounted or situated that they cannot be easily overturned or contaminated. ,I !I II i Ii iI " I' Ii II :1 tI II II ': ¡! Ii íi II !i II II I[ I' II I' II 'I I l I .."'-' 'I "...".. /' "'1"(' RE"'ORT# CL 07- oj C I A'. , h ""I",.'¡'", ,;, , ¡. "" , I ", _..'.~" '.". .1. ,. '- .i\ ¡, water '3Ì1ail be provided daily ¡oever'] animal in sufficient quantìty:o maintain at all times a potable supply available to such bird or anima!; g) animais shail be fed periodically each day in accordance with the particular food requirements of each type or species of animal kept in the said pet shop; h) light in the premises shall be appropriate for the species kept there; i) each cage containing birds shall be of sufficient size and dimension to enable all birds to have sufficient perch space to permit full extension of their wings in every direction and perching material of different sizes and textures to prevent foot damage. 19. The owner of the pet shop shall ensure that all persons responsible for the care, feeding or cleaning of animals are adequately instructed and supervised in the handling and care of all such animals. 20. No owner of a pet shop shall: a) b) keep the stock of animals in crowded quarters or cages; sell any diseased animal; i) anyone of the following inflictions shall render an animal unfit for sale or release: A) B) incubating or suffering from any infectious desease; nutritional deficiencies, including rickets or emaciation; C) D) internal or external parasites; fractures or congenital abnormalities affecting the general health of the animal. ii) display any animal in a shop or display window that causes uncomfortable living conditions. 21. Every owner of a pet shop shall ensure that any animal indicating signs of sickness or disease is examined and appropriately treated within twenty-four (24) hours of the onset of illness, by a veterinarian, and that such animal is kept in a quarantine area, separate from all other animals until such illness has been cured. Where a veterinarian has identified that an animal is carrying an infectious disease as set out in Section 20(b)(i)(A), the owner shall notify the purchasers of animals from the said pet shop during the time the sick animal was kept at the pet shop. 22. No owner of a pet shop shall sell, permit to be sold, offer for sale or give away, a) any dog under the age of eight (8) weeks. b) any cat under the age of six (6) weeks. c) with respect to species other than dogs or cats, in accordance with the requirements of each species. 23. Incompatible animals of different species shall not be confined or displayed in the same cage. 77 ,I I ! !I Ii 7R ~ ¡ "." ,.. ,., .,¡;"," # ¿' L.t77- 0,/ \Ü:::~\"'I'\ .""~"_.< ,2,:( Nhenever an Jwner of a pet shop seils or otherwise disposes of a dog or Gat they shail give to the purchaser a receipt showing the name and address of the \fendor and the purchaser, the date of the saie, the sale price, and the breed or cross-breed, sex, age and description including colour and placing of markings, if any, of the dog or cat. 25. Every owner of a pet shop shall keep a register in which shall be entered a record of each animal, excluding fish, purchased or otherwise obtained. Each entry shall be made at the time each animal comes into such owner's possession, and shall include, in addition to the date of purchase, a full description of the animal, any treatment by a veterinarian as set out in Section 21 of this By-law, together with the name, address and description of the person from whom it was purchased or otherwise obtained. a) b) Every owner of a pet shop shall ensure that the aforesaid register is not mutilated or destroyed and shall keep it open to inspection by the Licence Issuer at all times during business hours and shall make it available to be removed at any time for inspection or for use in the Courts, if necessary. The owner shall not be responsible for neglecting to make the necessary entries in the said register while it is removed from the premises for this reason. c) The Owner shall provide a copy of such register to the City of Pickering quarterly and shall retain the register in respect of each such transaction for the period of twelve (12} months thereafter. 26. An owner shall ensure that whenever they are absent from the pet shop or from the part of the premises used for the keep or housing of animals, there is an attendant in charge of and responsible for the care and safe keeping of their pet stock. 27. No owner of a pet shop shall sell or permit the sale of any chick, duckling, live poultry, or other livestock. 28. Regulations - Kennels No kennel shall be constructed or used except with the following provisions: a) No kennel or part thereof shall be used for human habitation or human sleeping purposes nor shall any kennel or part thereof be structurally connected with a dwelling; b) The construction of any kennel shall conform to the requirements of the Ontario Building Code; c) No kennel shall be used unless the following standards are met: i) DOGS A) Dogs shall be housed in individual enclosures except in the case of puppies less than 6 months of age with or without the bitch. B) Each enclosure shall be large enough to permit any dog enclosed therein to move freely and in particular shall be maintained at a minimum of 15 degrees Celsius. C) Floors shall be of dense concrete or simiiar light material and shall be adequately sloped to drains. D) Walls shall be non-porous, watertight and easily cleaned. I I II I, II .1 'I Ii 'I ¡ :¡ " II 'I :1 'i II 'i ,I 'I II ,I I ! t(":'~,-- () 7 - 0 1 >;:) ~I Where 'floors are on grade,suitabie bedding shail be provided in the form of a raised wood, fibreglass or similar platform, ¡erge enough j:or the dog to He on. 7;~ F) Outside exercise facilities shall be provided which shall be fenced in such a manner as to keep the dogs securely enclosed. Each dog shall be placed in such facilities at least twice in every 24-hour period for not less than 30 minutes each period. The outdoor exercise facility shall be disinfected between use by each animal. No dog shall be placed in such facility in inclement weather. ii) CATS (A) Cats shall be housed in individual enclosures except in the case of kittens less than 3 months of age with or without the mother cat. (8) Each enclosure for an adult cat shall not be less than 0.67 metres x 0.67 metres x 0.67 metres and in the case of a cat with a litter, not less than 0.75 metres x 0.75 metres x 0.67 metres high. (C) Inside temperature shall be maintained at 15 degrees Celsius. (0) Cages or enclosures shall be constructed of a non-porous watertight material with a smooth finish that can be easily cleaned. 29. No kennel shall contain greater numbers of cats or dogs or both than may, in the opinion of the Municipal Law Enforcement Officer, be housed, fed or otherwise cared for without overcrowding, unnecessary discomfort and risk of injury or disease to the cats and dogs therein. 30. Every kennel operator shall maintain the kennel in a clean and sanitary condition at all times. In particular the kennel operator shall see to it that all excrement, refuse and other objectionable material is removed from the cages and kennel area at least once in every 24 hour period including weekends and from the premises once per week for garbage collection. The animals shall be removed from the cages and kennel area while it is being cleaned. 31. Every kennel operator shall ensure that all dogs and cats are provided with an adequate source of clean, fresh drinking water available to them at all times. 32. Every kennel operator shall ensure that competent and experienced kennel staff or attendants as may be necessary are on duty for a minimum of eight hours in every twenty-four (24) hour period including weekends. 33. Every kennel operator shall ensure that any dog or cat that appears to be suffering from any disease or other ailment or injury shall, within reason, be given care and attention from a veterinarian. 34. Every kennel operator shall at all times take all reasonable steps to prevent a nuisance by undue noise caused by the barking dogs housed within their kennels. 35. Every kennel operator shall record the following: e) The names and addresses of the owners of all dogs or cats cared for at the kennels. b) The dates of arrival at and departure of all dogs and cats. 80 il Ii II II .I íi II II II I: Ii ,I II Ii I, \1 'I I .,..,f."',..-..,,. \.1,.,".'. Ri"'fY""-;~".!.'" C:L 07- O'f '... I>, j:>".',.¡(",,'1 {,':- 36. The foilowing provisions shall apply to every :<enne!: aj Where a kennel or part thereof is structurally connected with a dweWng the kennel operator shall comply with the following provisions. (i) A separate entrance shall be provided for the premises occupied by the kennel. (ii) A partition wall shall completely separate the dwelling from the kennel in order to eliminate any direct access from the dwelling to the kennel. (iii) Such partition wall must be constructed in order to eliminate odour, dust and other objectionable materials travelling from the kennel into the dwelling. b) Where a kennel or part thereof is being used for human habitation of human sleeping purposes, the kennel operator shall comply with the following provisions: ' (i) A separate entrance shall be provided for the premises being used for human habitation or human sleeping purposes. (ii) Partition walls must be constructed in order to completely isolate the kennel from the areas being used for human habitation or human sleeping purposes. (iii) Such partition walls must be constructed in order to eliminate odour, dust and other objectionable materials travelling from the kennel into the areas being used for human habitation or human sleeping purposes. 37. Penalties Any person who contravenes any provision 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. 38. Repeal of Inconsistent By-laws By-law 3908170 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 16th day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk I II 11 !I Ii '! ! i',' ..../... SCHEDULE "A" i:H..~Ot"\n.. "ê." " C I- ð 7 - O'f ,\"~. ;"";'~¡ +>- 81 UCENCE fiEE SCHEDULE Original Licence Annual Renewal $100.00 $50.00 " Ii II II I' I II I I I I