Loading...
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 That By-Law No. 1769/83, being the existing Exotic Animal By-law, be repealed and a new By-law to prohibit or regulate livestock/exotic animals, included as Attachment #1, be enacted Executive Summary: As part of a review of all municipal regulatory by-laws, it was determined that the current exotic animal by-law, created in 1984, was now outdated and that a new By-law was necessary.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: I • 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 i _ Q J 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; 06 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 07 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 08 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. i 09 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: I (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. 0 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 ~ i 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 ~2 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, ~3 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; A 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 15 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. i w 16 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 17 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) I I 19 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) 20 TOWNSHIP OF UXBRIDGE N O O ? a w w w N m ~ O O R 10 O a N K d N O W m D J _ O_ Q ? _ H A N W O O N O F W J ~ O ~ - W W i A N O m a < < m F N W = Z 3 W W W w W O w D ~ O O I A 3 O f HW 7 ~ Y Y Z O ? Z m O O oil F < Z i W m W < XX z < Z d O O R THIRD C N y O Q o Q urban Area ; ® Rural Area SCHEDULE 4 TO BY-LAW PASSED THIS = DAY OF 2011 Iflfl~ o Information Current as of Jan. 1, 2011. I I 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