HomeMy WebLinkAbout12/11/2006 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: DECEMBER 11, 2006
TIME: 9:30 A.M.
PLACE: COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. MINUTES
(a) Minutes of a Regular Meeting of October 2, 2006 301
4. (a) PRESENTATIONS
No Presentations
(b) DELEGATIONS
No Delegations
5. PUBLIC MEETINGS
No Public Meetings
6. PLANNING SERVICES DEPARTMENT
(a) PSD-115-06 Amendment to Application Fees By-law 601
Planning and Development Applications
(b) PSD-116-06 Adult School Crossing Guard 619
Regional Road 22 (Bloor Street) and Meadowglade Road,
Courtice
(c) PSD-117-06 Ontario Heritage Trust 623
Heritage Community Recognition Program Nominees
(d) PSD-118-06 Licence Agreement for Canadian National Railway Company 632
Lands at Mile 288.9 for the Waterfront Trail
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G.P. &A. Agenda - 2 - December 11, 2006
(e) PSD-119-06 Enfield Transformer Station—Class Environmental 639
Assessment Update
(f) PSD-120-06 Port Granby Project— Extension of Contract for Municipal 647
Peer Review Services
(g) PSD-121-06 Canadian Urban Archetypes Project: Urban Form and 650
Energy Consumption
7. ENGINEERING SERVICES DEPARTMENT
(a) EGD-052-06 Monthly Report on Building Permit Activity for October, 2006 701
(b) EGD-053-06 Clarnew Subdivision Phase 1,Newcastle, Plan 40M-1976, 706
'Certificate of Acceptance' and 'Assumption By-laws', Final
Works Including Roads and Other Related Works
(c) EGD-054-06 Port of Newcastle Subdivision, Newcastle Phase 1 Stage 1A, 712
Plan 40M-1984 (Part of) and Phase 1 Stage 2, Plan
40M-2003 'Certificate of Acceptance' and 'Assumption By-
laws', Final Works Including Roads and Other Related Works
(d) EGD-055-06 St. Stephens Estates Subdivision Phase 1, Bowmanville, 718
Plan 40M-1977, 'Certificate of Acceptance' and 'Assumption
By-laws', Final Works Including Roads and Other Related
Works
8. OPERATIONS DEPARTMENT
No Reports
9. EMERGENCY AND FIRE SERVICES DEPARTMENT
(a) ESD-012-06 Monthly Response Report—October 2006 901
10. COMMUNITY SERVICES DEPARTMENT
No Reports
G.P. & A. Agenda - 3 - December 11, 2006
11. CLERKS DEPARTMENT
(a) CLD-025-06 Pet Plan Insurance Shelter Partnership Program - Update 1101
(b) Addendum to CLD-022-06 — Proposed New Responsible Pet Owner By- 1103
law and Kennel By-law
12. CORPORATE SERVICES DEPARTMENT
a COD-062-06 Confidential Report regarding a personnel matter
(b) COD-063-06 Tender Awards Council Break 1201
13. FINANCE DEPARTMENT
(a) FND-017-06 Confidential Report regarding a security matter
(b) FND-018-06 List of Applications for Cancellation, Reduction, 1301
Apportionments or Refund of Taxes
(c) FND-019-06 Cash Activity—Third Quarter of 2006 1308
14. CHIEF ADMINISTRATIVE OFFICE
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
17. ADJOURNMENT
Qh" n General Purpose and Administration Committee
Minutes
October 2,2006
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, October 2, 2006 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson.
Councillor J. Schell
Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Director, Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance Department, N. Taylor
Director of Emergency & Fire Services, G. Weir
Deputy Clerk, A. Greentree
Clerk II, Barb Boffey
Mayor Mutton chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #GPA-359-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on September 18, 2006, be approved.
CARRIED
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General Purpose and Administration Committee
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October 2, 2006
PRESENTATION
Dave Hardy, Hardy Stevenson'and Associates Ltd., addressed Committee in regards to
the Clean Up Criteria document for the Port Granby project. Dave Hardy provided a
brief update concerning the results of the Municipal Peer Review Team's (MPRT)
review of the Low-Level Radioactive Waste Management Office's (LLRWMO) Cleanup
Criteria document. Mr. Hardy stated the MPRT has been working with the LLRWMO
since mid-2004 on this process. He stated the clean up criteria is 30% more
conservative than the standards set out by the Canadian Safety Commission, ultimately
ensuring that Federal criteria would be met. Mr. Hardy stated the goal of the clean up is
to have the Port Granby site made available for recreational purposes, ensuring all
regulatory requirements were met, as well as ensuring the health and safety of
residents now and in the future. He stated the LLRWMO's Cleanup Criteria document
identifies all concerns and appropriately discusses the methodology used in the
process. In conclusion, Mr. Hardy stated the objective was to receive, from Committee,
any municipal interests as well as gain input and concurrence prior to the MPRT signing
off on LLRWMO's Cleanup Criteria document.
Mirka Januszkiewciz, Director, Waste Management, The Regional Municipality of
Durham, introduced Bunny Lockett, Operations Technician, The Regional Municipality
of Durham and stated she would address Committee in regards to the Durham/York
Residual Waste Study. Ms. Lockett provided a brief history concerning the
Durham/York Residual Waste Disposal Study and stated it was initiated in October,
2004 to investigate energy from waste. By 2010 the State of Michigan will be closing
it's borders to Ontario residential garbage. A partnership with The Regional Municipality
of York was formed and an environmental assessment was undertaken to investigate
the creation of an energy from waste type facility for the disposal of residual waste. Ms.
Lockett stated intensive consultations using various mediums had been conducted with
residents and government officials, and in June, 2006 thermal treatment was selected
as the preferred.alternative. She stated next steps were the selection of a site and
selection of a preferred vendor to build the facility which is anticipated to begin
operation in December, 2010. Ms. Lockett stated benefits from an energy from waste
facility included a solution to manage waste for the next 35 years, potential revenues
from energy, employment opportunities, a green business community, and recognition
for Durham Region as being a leader in technology.
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DELEGATIONS
Resolution #GPA-360-06
Moved by Councillor Trim, seconded by Councillor Foster
THAT the Agenda be altered to add Bill Calver and Richard Ward to the list of
delegations.
CARRIED
Kevin Tunney, Tunney Planning, on behalf of Foster Creek Developments, 2083302
Ontario Limited and Robert J. Stephenson, appeared before Committee with respect to
Report PSD-109-06— Proposed Amendment to Draft Approved Plan of Subdivision and
Rezoning Applications ZBA2006-0015, SC-2001-001 and 18T-89059. Mr.Tunney
informed the Committee that the application did comply with the Region of Durham and
Municipality of Clarington's Official Plans; respecting densities, road patterns, road
systems, schools, and parks. Mr. Tunny requested that the Committee approve the
Report.
Hannu Halminen, Foster Creek Developments, appeared before Committee with
respect to Report PSD-109-06— Proposed Amendment to Draft Approved Plan of
Subdivision and Rezoning Applications ZBA2006-0015, SC-2001-001 and 18T-89059.
Mr. Halminen stated the development will generate development charges in excess of
$15 million. He stated this could pay for community infrastructure and that each
housing unit would generate 2.5 man years of employment resulting in over 1,600 man
years of employment over the duration of the project. Mr. Halminen stated 12 acres of
the development is being preserved and would be donated to the municipality at no
cost. Mr. Halminen also stated the proposed development is within the current
guidelines, and urged Committee to support the Staff Recommendations as contained
in the Report
Linda Jansma, appeared before the Committee with respect to Report OPD-011-06—
Pesticide Reduction in Clarington, and stated her support to a ban on pesticide use in
Clarington. Ms. Jansma stated the Canadian Association of Physicians for the
Environment indicate that a study conducted by the Ontario College of Family
Physicians and the Canadian Environmental Law Association provide a summary of
scientific and medical evidence concerning pesticides and their effects on human
health. Ms. Jansma stated the study links pesticide use to diseases such as
Alzheimer's, Parkinson's, Lupus, Leukemia and Cancer. Ms. Jansma encouraged the
Committee to ban all pesticide use in Clarington, rather than reducing pesticide use by
10-24%.
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October 2, 2006
Dr. Ken Ranney, appeared before Committee with respect to Report OPD-011-06—
Pesticide Reduction in Clarington and as a follow-up to his presentation to Council in
June. Dr. Ranney stated his support of a ban on pesticide use in Clarington and asked
the Committee to support this ban. Dr. Ranney sited several other municipalities who
have passed by-laws banning the use of pesticides and questioned, therefore, "why it is
so complicated". As studies indicate there may be links but not definitively proven,he
encouraged Council to be proactive by following the "precautionary principle".
Tom Barrie, farmer and Chair of the Clarington Agricultural Advisory Society, appeared
before the Committee with respect to Report OPD-01 1-06- Pesticide Reduction in
Clarington. Mr. Barrie stated his opposition to a ban on pesticide use in Clarington and
cautioned if a by-law is passed, it could potentially remove agriculture in the Clarington
area. Mr. Barrie stated all pesticide users must pass a test with a 75% pass rate, and
concluded that a comprehensive program including crop rotation, modem day
herbicides, cut and mow, and cultivation is the best solution. Mr. Barrie urged the
Committee to endorse the Staff Report.
Cameron Mountenay, resident of Newcastle, appeared before Committee with respect
to Report PSDA 09-06— Proposed Amendment to Draft Approved Plan of Subdivision
and Rezoning Applications ZBA2006-0015, SC-2001-001 and 18T-89059. Mr.
Mountenay stated he is not in support of the revised Foster Creek Development
application because of the reduced lot sizes resulting in reduced driveway parking,
traffic issues, and increased congestion. Mr. Mountenay showed various pictures to
substantiate his opposition. Mr. Mountenay believes this amended plan is a classical
"bait and switch".
Bill Calver, resident of Newcastle, appeared before Committee with respect to Report
PSD-080-06 —Addendum to Report PSD-080-06, Use of Poppy Symbol on Street
Signs. Mr. Calver thanked the Committee for supporting the use of poppy symbols on
street signs and stated he is hopeful the Committee will continue to acknowledge
veterans killed in action overseas in this manner, including current day wars.
Richard Ward appeared before the Committee with respect to Report ADM-006-06.
Mr. Ward stated he agrees with By-law 2001-141 being repealed but stated his
opposition to sections 1.3 and 2.3 in the Report. Mr. Ward filed, with the Deputy Clerk,
a DVD regarding water billing and encouraged all Members of Council to review it.
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Councillor Foster chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject: Proposed Responsible Pet Owners By-law
Report: CLD-022-06
No one spoke in support of or in opposition to Report CLD-022-06.
(b) Subject: Proposed Kennel By-law
Report: CLD-022-06
No one spoke in support of or in opposition to Report CLD-022-06.
Councillor Schell chaired this portion of the meeting.
(c) Subject: Application to Amend the Zoning By-law 84-63
Applicant: Gertrude Tomina
Report: PSD-105-06
Glen Ferguson, Planner, appeared before the Committee and provided a verbal report
supported by a Powerpoint presentation pertaining to Report PSD-105-06.
No one spoke in opposition to Report PSD-105-06.
Peter Johnson, on behalf of the applicant, appeared before the Committee in support of
Report PSD-105-06—Application to Amend the Zoning By-law 84-63 and to address
any concerns of the Committee. Mr. Johnson stated the proposed facility will be 4,400
square feet. Sernas Associates have been engaged to conduct the environmental
studies and an architect has also been engaged. Residents presently using the existing
golf facility have expressed their approval of an indoor golf dome facility and club house.
PLANNING SERVICES DEPARTMENT
REZONING TO PERMIT AN INDOOR GOLF DOME FACILITY AND CLUB
HOUSE AS PERMITTED USES AT 2735 HANCOCK ROAD IN COURTICE
APPLICANT: GERTRUDE TOMINA
Resolution #GPA-361-06
Moved by Councillor Pingle, seconded by Councillor Foster
THAT Report PSD-105-06 be received;
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General Purpose and Administration Committee
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THAT the application to amend the Zoning By-law submitted by Gertrude Tomina be
referred back to Staff for further processing; and
THAT all interested parties listed in Report PSD-105-06 and any delegations be advised
of Council's decision.
CARRIED
MUNICIPAL ACCEPTANCE OF CLEAN-UP CRITERIA FOR THE PORT HOPE
AREA INITIATIVE
Resolution #GPA-362-06
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-106-06 be received;
THAT Council concur with the Municipal Peer Review Team's conclusions with respect
to the Clean-up Criteria Document for the Port Hope Area Initiative;
THAT Council authorize the Municipal Peer Review Team to sign the Comment and
Disposition Form for the Clean-up Criteria Document on behalf of the Municipality of
Clarington; and
THAT a copy of Council's decision be forwarded to all interested parties indicated in
Report PSD-106-06.
CARRIED AS AMENDED
LATER IN THE MEETING
(See following amending motion)
Resolution #GPA-363-06
Moved by Mayor Mutton, seconded by Councillor Pingle
THAT a copy of the Municipality of Clarington's file regarding the Port Hope Area
Initiative, be forwarded to the Honourable Bev Oda, MP for Durham; and
THAT a copy of Council's decision also be forwarded to the Honourable Bev Oda, MP
for Durham.
CARRIED
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General Purpose and Administration Committee
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October 2, 2006
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETING OF SEPTEMBER 14, 2006
Resolution #GPA-364-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report PSD-107-06 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
September 14, 2006 for applications A2006-0016, A2006-0029, and A2006-0030 and
that Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
CARRIED
APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: CCCC GLEN ABBEY LIMITED
Resolution #GPA-365-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Report PSD-108-06 be received;
THAT the application submitted by CCCC Glen Abbey Limited to remove the Holding
(H) symbol be approved for Parts 1-6 on Plan 40R-24278, the Amenity Centre in the
Port of Newcastle development;
THAT the by-law attached to Report PSD-108-06 to remove the Holding (H) symbol be
passed and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD-108-06 and any delegations be advised
of Council's decision.
CARRIED
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October2, 2006
AMENDMENT TO FOSTER NORTH NEIGHBOURHOOD DESIGN PLAN PROPOSED
AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISIONS AND RELATING
REZONING
APPLICANT: FOSTER CREEK DEVELOPMENTS, 2083302 ONTARIO LIMITED
AND ROBERT J. STEPHENSON
Resolution #GPA-366-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT Report PSD-109-06 be received;
THAT the revised Foster North Neighbourhood Design Plan bounded by the Foster Creek
Valleylands,King Avenue West, Rudell Road and the St. Lawrence & Hudson (Canadian
Pacific) Railway be received;
THAT the application for the proposed Amendment to Draft Approved Plans of Subdivision
18T-89059 and S-C-2000/001 and related Zoning By-law Amendment, submitted by
Foster Creek Developments, 2083302 Ontario Limited; and Robert J. Stephenson be
approved as per Attachment 2 to Report PSD-109-06, subject to the.conditions.of Draft
Approval, as contained in Attachment 3 to Report PSD-109-06;
THAT the application for Zoning By-law Amendment, submitted by Foster Creek
Developments, 2083302 Ontario Limited, and Robert J. Stephenson be approved as per
Attachment 4 to Report PSD-109-06;
THAT the Mayor and Clerk be authorized by By-law to enter into an agreement with the
Owners and the By-law be forwarded to Council at such time the Owners are prepared to
P roceed with this development
M.
THAT a By-law to remove.the "Holding (H)" Symbol be forwarded to Council at such time
as the Owners have entered into a subdivision agreement with the Municipality;
THAT a copy of Report PSD-109-06 and Council's decision be forwarded to the Region of
Durham Planning Department; and
THAT all interested parties listed in Report PSD-109-06 and any delegations be advised of
Council's decision.
CARRIED AS AMENDED
LATER IN THE MEETING
(See following amending motion)
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October 2, 2006
Resolution #GPA-367-06
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Neighbourhood Design Plan be revised so that the 10 m lots fronting on the
Street A (Massey Street extension), between King Avenue West and Street F be
revised to have a minimum frontage of 15 m..
CARRIED
AMENDMENT TO DRAFT APPROVED PLAN OF CONDOMINIUM APPLICATION
APPLICANT: PORT OF NEWCASTLE DEVELOPMENTS INC.
Resolution #GPA-368-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Report PSD-110-06 be received;
THAT the Amendment to Draft Approved Plan of Condominium application, submitted
by Port of Newcastle Developments Inc. be approved and that the Director of Planning
Services be authorized to issue Draft Approval, subject to the conditions as contained in .
Attachment 3 to Report PSD-110-06;
THAT a copy of Report PSD-110-06 be forwarded to the Durham Region Planning
Department; and
THAT all interested parties listed in Report PSD-110-06 and any delegation be advised
of Council's decision.
CARRIED
AMENDMENT TO CONDITIONS OF DRAFT APPROVAL FOR A DRAFT PLAN OF
SUBDIVISION FOR 70 DWELLING UNITS, BOWMANVILLE
APPLICANT: HEADGATE DEVELOPMENTS INC.
Resolution #GPA-369-06
Moved by Councillor MacArthur, seconded by Councillor Trim
THAT Report PSD-111-06 be received;
THAT the Amendment to Conditions of Draft Approval for Draft Approved Plan of
Subdivision 18T-89044, Headgate Developments Inc. be approved, as shown on
Attachment 2 to Report PSD-111-06;
THAT the by-law to remove the Holding (H) symbol be forwarded to Council at such
time that the applicant has entered into a subdivision agreement;
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October 2, 2006
THAT the by-law attached to Report PSDA 11-06,to authorize the Mayor and Clerk to
execute a subdivision agreement between the Owner and the Municipality of Clarington,
be passed; and
THAT the Region of Durham and all interested parties listed in Report PSDA 11-06 and
any delegation be advised of Council's decision.
CARRIED
Councillor MacArthur chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
WESTLAKE SUBDIVISION, SOLINA, PLAN 40M-1897 `CERTIFICATE OF
ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS
AND OTHER RELATED WORKS
Resolution #GPA-370-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT Report EGD-033-06 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-1897; and
THAT Council approve the by-law attached to Report EGD-033-06, assuming certain
streets within Plan 40M-1897 as public highways.
CARRIED
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2006
Resolution #GPA-371-06
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report EGD-045-06 be received for information.
CARRIED
APPOINTMENT OF BUILDING INSPECTOR
Resolution #GPA-372-06
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Report EGD-046-06 be received;
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THAT John Tresise be appointed as Inspector for the Municipality of Cladngton effective
October 2, 2006 and that his name be added to Schedule 'A' of By-Law 2005-145; and
THAT the appropriate by-law (Attachment#1 to Report EGD-046-06) be forwarded to
Council.
CARRIED
AUBURN LANE LAND DIVISIONS, COURTICE, LD 127/2002 TO LD 136/20021
'CERTIFICATE OF ACCEPTANCE' FINAL WORKS INCLUDING BOULEVARDS AND
OTHER RELATED WORKS
Resolution #GPA-373-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT Report EGD-047-06 be received; and
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include boulevards and other related Works,
constructed within LD 127/2002 to LD 136/2002.
CARRIED
COURTICE MILLENNIUM TRAILS — COLLABORATIVE AGREEMENT
Resolution #GPA-374-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT Report EGD-049-06 be received;
THAT Council authorize the Mayor and Clerk to execute the Collaborative Agreement;
and
THAT all partners in the Collaborative Agreement be advised of Council's action.
CARRIED
Resolution #GP4-375-06
Moved by Councillor Foster, seconded by Councillor Schell
THAT Committee recess for 5 minutes.
CARRIED
The Committee reconvened at 12:18 p.m.
Councillor Trim chaired this portion of the meeting.
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OPERATIONS DEPARTMENT
PESTICIDE REDUCTION IN CLARINGTON
Resolution #GPA-376-06
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT Report OPD-011-06 be received;
THAT Council direct staff to facilitate consultation sessions to involve residents in the
development of a program that could minimize the use of pesticides;
THAT the Municipality champion a Pesticide Education Program in consultation with all
interested stakeholders focusing on sustainable horticultural practices as an alternative
to chemical pesticides; and
THAT Council request the Federal Minister of Health to expedite and expand programs
dealing with the reduction of cosmetic use of pesticides in residential and commercial
areas.
CARRIED
EMERGENCY AND FIRE SERVICES DEPARTMENT
There were no Reports considered under this section of the Agenda.
COMMUNITY SERVICES DEPARTMENT
There were no Reports considered under this section of the Agenda.
Councillor Foster chaired this portion of the meeting.
CLERK'S DEPARTMENT
BILL 128 — MARIJUANA GROW OPERATIONS AND THE IMPACT ON
MUNICIPALITIES
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Resolution #GPA-377-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT Report CLD-021-06 be received for information.
CARRIED
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PROPOSED NEW RESPONSIBLE PET OWNER BY-LAW AND KENNEL BY-LAW
Resolution #GPA-378-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report CLD-022-06 be referred back to Staff to provide Kennel Operators
time to consider the draft by-law and provide comments.
CARRIED
ANIMAL SERVICES ASSISTANCE AGREEMENT WITH THE CITY OF PICKERING —
REQUEST FOR SIX-MONTH EXTENSION
Resolution #GPA-379-06
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT Report CLD-023-06 be received;
THAT Council approve the City of Pickering's request to extend the current agreement
to end June 30, 2007;
THAT the by-law be attached to Report CLD-023-06 authorizing the Mayor and Clerk to
extend the Term of the Agreement with the City of Pickering for a further six month
period, to June 30, 2007 be approved; and
THAT the City of Pickering be advised of Council's Decision.
CARRIED
Mayor Mutton chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
CO-OPERATIVE TENDER T06036, THE SUPPLY OF POOL CHEMICALS AND
SUPPLIES
Resolution #GPA-380-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Report COD-059-06 be received;
THAT the Glen Chemicals Ltd., Toronto, Ontario, with a total contract value of$21,416.72
for the first year, being the lowest responsible bidder meeting all terms, conditions and
specifications of the Co-operative Tender T06036, be awarded the contract to supply Pool
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Chemicals and Supplies to the Municipality of Clarington, as required by Community
Services;
THAT the contract be entered into for a one year term, and pending satisfactory service,
pricing and agreement by the Durham Purchasing Co-operative, the contract be extended
for a second and third year and
THAT the funds be drawn from the respective years Community Services current
operating budget.
CARRIED
CO-OPERATIVE TENDER TC1161-06, CO-OP ARMOURED CAR SERVICES
Resolution #GPA-381-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Report COD-060-06 be received;
THAT the Armoured Courier Express Inc.,Whitby, Ontario, with a bid price of$32,160.00
(plus applicable taxes)for the first year and a total bid price of$170,741.80 (plus
applicable taxes)for the five year term being the lowest responsible bidder meeting all
terms, conditions and specifications of Co-operative Tender C1161-06 be awarded the
contract to provide Armoured Car Services for a five year term as required by the
Municipality of Clarington's Finance Department; and
THAT the funds be drawn from the respective year's Finance Departments current
operating budget.
CARRIED
FINANCE DEPARTMENT
There were no Reports considered under this section of the Agenda.
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CHIEF ADMINISTRATIVE OFFICE
REPEAL OF BY-LAW 2001-141
Resolution #GPA-382-06
Moved by Councillor MacArthur, seconded by Councillor Pingle
THAT Report ADM-006-06 be received;
THAT By-law 2001-141, as amended, be repealed; and
THAT Mr. Richard Ward be advised of Council's decision.
CARRIED
UNFINISHED BUSINESS
ADDENDUM TO REPORT PSD-080-06 USE OF POPPY SYMBOL ON STREET
SIGNS
Resolution #GPA-383-06
Moved by Councillor Schell, seconded by Councillor Trim
THAT the Addendum to Report PSD-080-06 be received;
THAT the Policy for War Dead and War Veteran Names for Streets be amended as
shown on Attachment 1 to Report PSD-080-06; and
THAT all interested parties listed in Addendum to Report PSD-080-06 and any
delegation be advised of Council's decision.
CARRIED
ANIMAL SERVICES QUARTERLY REPORT—APRIL TO JUNE, 2006—
CORRECTIONS
Resolution #GPA-384-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT Addendum to Report CLD-019-06 be received; and
THAT a copy of Addendum to Report CLD-019-06 be forwarded to the Animal
Alliance of Canada and the Animal Advisory Committee.
CARRIED
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OTHER BUSINESS
There was nothing to consider under this section of the Agenda.
ADJOURNMENT
Resolution #GPA-385-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT the meeting adjourn at 12:35 p.m.
CARRIED
MAYOR DEPUTY CLERK
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Clarin �
�e��RBrn�wo, REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006
Report#: PSD-115-06 File #: PLN 20.5 By-law#:
Subject: 'AMENDMENT TO APPLICATION FEES BY-LAW
PLANNING AND DEVELOPMENT APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-115-06 be received; and
2. THAT the attached By-law amendment detailing the specific amendments to By-law 96-
032 being a by-law to require the payment of fees for information and services provided.
by the Municipality of Clarington, as amended, be APPROVED.
Submitted by Reviewed by.
a ' J. Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
CP/DJC/df
30 November 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
601
REPORT NO.: PSD-115-06 Page 2
1.0 BACKGROUND
1.1 Section 69 of the Planning Act allows the Municipality to pass a by-law to set out the fee
structure for development applications to offset the "anticipated cost" to the Municipality
for processing applications. The fees collected do not fully recover the cost of
processing applications when direct and indirect costs are considered including the cost
of overhead, pre-consultation meetings and circulation of revised submissions. At the
start of each term of Council, the Planning Services Department has historically
reviewed the fees and set the rates for the term of Council. In addition to Council
adopting a revised fee by-law in 2003 a staff report recommending an amendment to
the Fee By-law dealing primarily with applications on the Oak Ridges Moraine was
considered June, 2005. The current fee by-law expires December 31, 2006.
1.2 The Building Code Act, as amended by Bill 124, provides for municipalities to collect
"reasonable anticipated fees' which has generally led to some reductions in building
permit fees. A report, by the Engineering Services Department on the building permit
fees was considered and approved by Council on June 27, 2005. The building permit
review considered full municipal cost of reviewing and processing an application.
Traditionally, planning application fees have been substantially subsidized, in
comparison to building permit fees.
1.3 Staff have surveyed other municipalities in the Region of Durham, specifically the four
lakeshore municipalities west of Clarington — Pickering, Ajax,.Whitby and Oshawa, to
ensure that our fees are competitive. Since the last comprehensive review of the fees
by-law was .undertaken, Pickering, Ajax and Whitby have raised their fees. The three
municipalities have conducted a review of their planning fees in conjunction with the
review of the Building Code fees. They have established fees to recoup a greater.
portion of staff and municipal costs associated with processing of planning applications.
The recovery of municipal costs must be balanced, in some cases, so they do not
become a significant disincentive for local residents to make an application. Certain
applications like minor variances are more highly subsidized than plan of subdivision
applications. A chart comparing application fees of the five (5) municipalities is
contained in Attachment 3.
1.4 This fee review is intended to be an interim increase to replace the existing fee by-law
which will expire December 31, 2006. Similar to the process completed by the other
municipalities and the Building Division, Planning Services intend to retain a consultant
to assist in a comprehensive fee review that details staff time per application and
recommends an appropriate fee:
1.5 The majority of fees in the existing by-law are well below the average of the other
municipalities surveyed. Increases are recommended for the majority of fees, as well
as new fees for Condominiums, Regional Official Plan amendments, Neighbourhood
Design Plan amendments, and development agreements. The existing fees and
proposed changes to the fee by-law are illustrated in Attachment 2.
602
REPORT NO.: PSD-115-06 PAGE 3
2.0 REVISIONS TO FEES
2.1 Revisions to Official Plan Amendment Applications
Applications for an Official Plan Amendment are separated into "Major"'and "Minor"
categories. The current fees are $3,500 for a "Minor" application and $5,000 for a
"Major" application. Some municipalities have not made a distinction between minor
and major and apply one fee to both.
Type of Pickering Wh12006) 1
Application (Dec 2005) (July Official Plan $8,000 $8,
Amendment
Official Plan
Amendment
Major A lication
No change is recommended to the fee for a minor amendment, however a $1,000
increase to $6,000 is recommended for major applications to be more consistent with
the other municipalities.
A new fee is proposed to review a Regional Official Plan Amendment that is not
associated with a local Official Plan Amendment. This review fee is recommended to
be $2,000.
2.2 Neighbourhood Design Plan
The existing fee for a Neighbourhood Design Plan is $10,000. The only change is to
provide for peer review fees if the Municipality determines that peer review consultants
are required (ie. Traffic, urban design).
Currently, there is not a fee for an application to amend an approved Plan. .Staff
recommend a new Neighbourhood Design Plan Amendment fee at $3,000, plus costs
associated with rental of facilities for a public information centre or public open house.
2.3 Zoning By-law Amendment
Compared to other lakeshore municipalities in Durham Region, Clarington's Zoning By-
law amendment fees are significantly lower. Staff recommends creating a major and
minor category for zoning by-law amendment applications. Major applications include
applications involving multiple properties, or filed' in conjunction with an Official Plan
Amendment, an application for proposed Plan of Subdivision, or any application that
requires the review of technical support documents or studies (eg. environmental
analyses, transportation studies, retail market studies). The distinction attempts to
recognize the complexity of some applications and minimize costs for those less
complex. The fee for a major application is proposed to be $5000, while a minor
application will be set at $2000. Applications for removal of holding symbol will increase
to $2000.
603
REPORT NO.: PSD-115-06 PAGE 4
Type of Pickering Whitby
Application (Dec 2005) (July 2006)
Rezoning $5,000 $5,500
Application
Removal of $2,225 $3,250
(H) Holding
Symbol
2.4 Draft Plan of Subdivision.
Significant changes are recommended to the fee for a plan of subdivision. The existing
fee is $50 per unit with a minimum of$5,000 and a maximum of$15,000. To provide a
consistent method of calculating the fee and to remain more in line with other
municipalities, staff recommends the fee be amended to a $10,000 base fee, plus $250
per single, semi, duplex and townhouse unit, and plus $5.0 per apartment unit with no
maximum. The fee to prepare the subdivision agreement is recommended to be raised
from $1,200 to $2,000, plus legal fees.
The existing fee for Red Line Revisions to draft approved plans of subdivisions is
$3.,000. Staff suggest dividing this fee into Major and Minor revisions. Minor revisions
would.not require the application to be circulated to agencies outside.the Municipality.
Staff recommends a $5,000 fee for major revisions, and a $1,000 fee for minor red line
revisions.
The number of condominium applications has increased significantly over the past
years and this trend is expected to continue. Staff recommends an increase in the
existing fees, as well as introducing new condominium fees, to recover more of-the cost
of processing these applications. The fee for an application of Draft Plan of
Condominium is recommended to increase to a base of $2,500 plus $25/unit with no
maximum. Additional fees include:
Application for Condominium Conversion - $1,500
• Condominium Agreement- $500
Condominium Agreement Amendment- $325
These new fees are consistent with the municipalities that were surveyed.
The existing Part Lot Control fee includes a $2,500 maximum. Staff recommends that
the per unit fee remain the same but the maximum be increased to $5,000.
604
REPORT NO.: PSD-115-06 PAGE 5
2.5 Site Plan Control
Significant adjustments are recommended to the Site Plan Approval fees to recognize
different forms of applications and provide better cost-recovery. The most notable
recommended change is the introduction of a mixed use project fee. Under the
previous fee by-law, residential units in a mixed-use development.would be charged the
commercial rate. This adjustment will add clarity to the fee structure for mixed-use
applications.
Residential Uses $900+$25/unit(maximum $5,000) $2500+$175/unit(no maximum)
$3,000+$10/100 m2(maximum $3000+$25/100m2 commercial
Commercial Uses ($9,000) gross floor area (no maximum)
$3000+$25/100m commercial
Mixed Use gross floor area+$50 1residential
unit maximum$15,000)
$900+$10/100 m' (maximum $1200+$10/100 m2 gross floor
Industrial/Other Uses $5,000) area(maximum$7,500)
Amendment- Residential $600+$10/unit(maximum of$3,000) $600+ $ $5 (maximum
( ,0 t
Uses ($5.000)
z $1,500+25/100m commercial
$1,000+ $10/100 m (maximum
Amendment- gross floor area(maximum
$4,400)
Commercial Uses $15 000
$1,500+25/100 m wmmercial
Amendment-Mixed Use gross floor area+$25 1residential
unit maximum$15,000)
Amendment- $600+ $10/100 m2 gross floor
Industrial/Other Uses $600+$10/100 rr2($4,400) area(maximum$6,000)
Development Agreements written for a site plan application were previously included in
the application fee. Staff recommends a separate $350 fee plus applicable legal fees
for the preparation of the development agreement.
2.6 Land Division
Land Division is a Regional Application but the local area municipalities are circulated
the application to provide comments. Ajax, Pickering and Oshawa have a review fee
which is collected by the Region on behalf of the municipality. Pickering, Whitby and
Clarington have a clearance letter or release fee which is paid directly to the
municipality by the applicant once the land division is approved and all conditions
satisfied. Clarington is the only municipality that has a development agreement charge
when necessary.
605
REPORT NO.: PSD-115-06 PAGE 6
Land Division Pickering Whitby
committee (Dec 2005) (July2006)
Applications
Review fee $700
Clearance fee $300 $750
Agreements
Staff recommends that the development agreement fee be increased to $350, plus legal
costs and the clearance letter fee be dropped in favour of a review fee collected at the
beginning of the process. This would ensure that the Municipality collects a fee for all
applications reviewed, rather than only those that are perfected. The review fee is
recommended to be $300.00.
2.7 Publications
Minor adjustments to the fees of maps and studies are recommended due to the
increased costs of production.
2.8 Fee Reductions
A 50% fee reduction is proposed for all application fees for proposals submitted by a
registered charitable organization or a registered non-profit housing organization. This
is intended to reduce the overall cost for these organizations that have limited budgets,
when submitting a planning application. The reduction only applies to the application
fees collected by the Municipality of Clarington. The reduction does not apply to any
legal fee or peer review fee that may be applicable to the project.
3.0 LEGAL COSTS
3.1 Legal costs associated with registration of site plan agreements and land division
agreements are included in the existing Fee By-law. These fees simply recoup the
Municipality's cost, as paid to the solicitor for registering these documents or related
transfers. However, as these fees may be amended from time to time by the
Municipality's solicitor, to reflect actual cost, the fee by-law no longer accurately reflect
those changes and an amended to the fee by-lay requires approval by Council. To
alleviate this problem, staff recommends that the amount of the registration fee be
removed from the by-law and replaced by the following note:
'The applicant is required to reimburse the Town for its legal costs
associated with registering the agreement and transfers"
4.0 LANDSCAPE PLAN REVIEW AND INSPECTION
4.1 As part of approval for various forms of development applicants are required to submit
landscape plans for approval. In addition, a performance guarantee is required for the
606
REPORT NO.: PSD-115-06 PAGE 7
value of the landscape work to ensure the work is completed as approved. The
Municipality has Landscape Design Guidelines which require certification that the work
has been completed in accordance with the approved plan from the landscape architect.
However, depending on the nature of the development and the Owner's level of
sophistication with respect to the development process, this has not always been
provided. In addition, the Planning Department does not have adequate staff resources
and expertise to undertake this type of review.
4.2 Staff propose that a Landscape Review and Inspection Fee be collected for larger
projects as part of the approval process. The fee is proposed to apply to projects with
2,000 sq. m. of floor area or greater or in the case of residential, projects with 25 units
or more. This fee would amount to half of a percent (0.5%) of the value of the
landscape works with a minimum of$1000 being collected. Staff would use these funds
to retain a landscape architect to undertake the required review and .provide the
Municipality with a report on the compliance of the work completed.
5.0 CONCLUSION
5.1 It is respectfully recommended that By-law 96-032 as amended, be further amended as
contained in the By-law Amendment attached hereto, being Attachment 1.
Attachments:
Attachment 1 - By-law Amendment
Attachment 2 Staff Recommended Changes to the Fee By-law
Attachment 3 - Comparison Chart
607
Attachment 1
To Report PSDA 15-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-
being a by-law to require the payment of fees for information and services
provided by the Municipality of Clarington and for prescribing the amount of such
fees and to amend By-law 96-032,as amended
WHEREAS Section 69(1)of the Planning Act, R.S.O. 1990, C.P13, provides that by-laws may
be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of
applications made in respect of planning matters;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
necessary to amend By-law 96-032 to meet the anticipated cost to the Municipality in respell
of the processing of each type of application provided for in the Schedule of Fees
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Schedule 'B-3"to By-law 2003-185, as amended, is hereby further amended by
deleting said Schedule"B'and replacing it with Schedule'B'attached hereto.
2. That the fee schedule attached hereto and forming part of this By-law shall apply for the
specified documents, services, applications and inspections commencing January 1,
2007.
BY-LAW read a first time this day of 2006
BY-LAW read a second time this day of 2006
BY-LAW read a third time and finally passed this day of 2006
Jim Abernethy,Mayor
Patti L. Barrie, Municipal Clerk
608
SCHEDULE"B"TO BY-LAW 2008
FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES
The effective date for the following fees is January 1,2007
Official Plan Amendment
Minor Application $3,500
Major A 'lication note 1 $6,000
Adoption of Amendment $1,500
Regional Official Plan Amendment Review $1,200
ROPA Review not art of a local OPA $2,000
Nei hbourhood Design Plan $10,000+Peer Review
Nei hbourhood Desi n Plan Amendment $3000+ Facility Rental
Zoning B -Law Amendment
Major note 3 $5,000
Minor $2,000
Removal of Holding Symbol $2,000
Removal of Environmental Holding Symbol(Zoning By- $475
law 2005-109)
Draft Plan of Subdivision
Residential $10,000+$250/unit $50 forapartment unit)
Non-Residential $5,000
Preparation of Subdivision Agreement $2,000 note 5
Amendment to Subdivison Agreement $600 note 5
Red Line Revisions Major-$5,000 Minor-$1,000 note 6
Subdivision Clearance $2,000
Extension of Draft Plan A rovai $2,000
Draft Plan of Condominum $2,500+$26/unk
A lication for Condominium Conversion $1,500
Condominium A reement $500 note 5
Condominium A reement Amendment $325 note
Condominium Clearance $500
PaR Lot Control $500+$25/unk maximum$5000
Site Plan Approval
Residential Uses $2500+$175/unk
Commercial Uses $3000+$25/100m2 commercial gross floor area
Mixed Use $3000+$25/100m2 commercial gross floor area+
$50/residential unit maximum$15,000
Industrial/Other Uses $1200+$101100m2 gross floor area maximum$7,500
Amendment-Residential Uses $600+$25 1unk maximum $5,000
$1,500+25/100m2 commercial gross floor area
Amendment-Commercial Uses maximum$15,000
Amendment-Mbced Use $1,500+$25/100m2 commercial gross floor area+
$25/residential unit maximum$15,000
Amendment- IndustriallOther Uses $600+$10/100m2 gross floor area maximum$6,000
609
Site Plan Approval- continued
Minor Site Plan/Oak Ridges Moraine note 2 $500
Sales Trailer/Model Home $1,000
Agreement and Agra ement Amendment $350 note
Landscape Inspection Fee for projects with greater than 0.5%of the landscape cost estimate with a minimum of
2500 s .m of floor area,or 25`units or realer $1000
i III Minor Variance (note 4) $425
Tabling Fee (applicant iniflated) $100
Re-circulation Fee a licant initiated $100
Sign Permit
Permanent $40
Temporary $0
1111 IN!
A artment in House $50a plication,$50 final certificate
Clearance Letter
Zoning $105
Subdivision $105
Miscellaneous $105
ServIcIn2 A reement $350(note 5
Land Division
Review Fee $300
Develo ment A reement $350 (note 5
Peer Review %100 of the Munici ali 's costs of retainin a conslutant
Street Name Chan a Re neat $1,500
placation Requiring An Open House or Additional
Public Meeting (additional fee for each subsequent $1,000+Facility Rental
public meeting)
Application Requiring Additional Public Meeting
(additional fee for each subsequent public meeting where $1,500+Facility Rental
notice is provided through the local newspaper)
Application Involving Review Under EPA $10,000
andfor EAA Process(additional fee)
Publications
Ma -Small $4.39
-Medium $8.77
La $13.16
Aerial Photography(Col $4.39.
Official Plan Colour Ma $2.63
Clarin ton Official Plan $70.75
Clarin ton Zoning By-law $70.75
Clarin ton Street Name Index $42.45
Studies -Under40 a es $12.00
-40 to 100 pages $24.00
-100 to 200 pages $40.00
-over 200 pages $60.00
-CD $15.00
610
NNote1.
The following are criteria for determining what constitutes a major Official Plan Amendment application:
• New aggregate extraction areas or expansion to existing aggregate extraction areas;
• New golf courses or expansion to existing golf courses;
• New waste facility or expansion to existing waste facility;
• Expansion to urban boundary or re-designation of Future Urban Residential lands;
• Hamlet expansion where a settlement capacity study is required;
• Commercial Development greater than 2,500 m2;
• Deletion or addition of arterial or collector road;and/or
• Any application that due to the broader policy implications for the Municipality that would require the
need to review or manage studies,or any application deemed to be major by the Director of Planning
Services.
Note 2
The following are criteria for determining what constitutes a Minor Site Plan application:
• A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and
Zoning By-law 2005-109;
• A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or
• A minor alteration to an existing site plan to revise parking,adding a patio,add a storage building,revise
signage,addition or deletion of portables,etc.
Note 3
The following are criteria for determining what constitutes a major Zoning By-law Amendment application:
• associated with an Official Plan Amendment;
• associated with an application for proposed Plan of Subdivision;
• application involving multiple properties;and/or
• any application that requires the review of technical support documents or studies(eg environmental
analyses,transportation studies,retail market studies)
Note 4
Minor Variance applications for the construction or placement of an accessibility device to provide access to a
single-detached/link or townhouse dwelling is exempt from the fee. An"accessibility device"is defined as a
device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit.
Note 5
The applicant is required to reimburse the Town for its legal costs associated with preparing the agreement
Note 6
The following are criteria for determining what constitutes a minor application for red-line revision to Draft
Approval:
• does not require circulation to outside agencies
Note 7
Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit
housing organization will be reduced 50%
611
PLANNING APPLICATION PROCESSING FEES t": New Fee MAawndod Fee _
O.
;1
CD
a
0
rn � D
M Qn
rn
J
W
m
J
T
Type of Application
Ajax(January 2006)
Pickering
Oshawa(Feb 2003) ;`
Whitby
Clarington
(Dec 2005)
(July 2006)
Existing
.S3
Official Plan Amendment .._.—.._.
57 000 :r
Et1.000..._.___._ __._...
$2.000 ,.:, i .,. LL'
E8000 _. _..._ __._
�
Official Plan Amendment-Major
...:
$3.000 y F r p,
$5'000
Application
+
Adoption of Off ctal Plan
;
$1,500
11350 y
Amendment
-
Reglonal Official Plan
$1,000' ' . a
$5.000 N not part of a
00
... i e r _
...
$1 200
Sa0endment
1f pot peR of a lecai OPA $2000 ?, is
Local OPA
e
Neiahbouthood Plan Amendment 1
$10000 sa
$10,000+$325h
Non-Residential:
$15,000
fil
O
Z1
01
V
CD W
1p Rr
, 3
car�
�i w
Type of Application
Ajax(January 2006). ,
Pickering .
(Dec 2005)
Oshawa (Feb 2003)
Whitby
(July 2006)
Clarington
ExlSting.
fof any joint appligaUons,
Red Line Revisions to Draft Plan
major.$5
$1000
Residential Base Fee $500 plys42,kp6Y¢wglling
Major:$5,000
000
-
of Subdivision
Mlnor: 1:000
unit.to a maxlfrmuln of$5,000 a , r+".; , >s
Residen0al Base Fee�$80Q $Dj'jj1
+325Nnh
Minor.$5000
s
Non- plan peg
square: pore ' ¢ m
$50.00.'Thel�er` ,n�tanderaaftjesartisot;. .
v,m�rwn r,ouumrsrvn-rw
for Clearing and Releasing any
Phase of a Plan of Subdivision or
Conversion-$1,000
I to
rn
Conversion:-$7,500+
$325/unn
Type of Application
Ajax(January 2006) .:
Pickering
Oshawa (Feb 2003)
Whitby
Clarington
(Dec 2005)
(July 2006)
kxlsdng
appligabon au¢Itlµled COrtarre Gy with Site an
'
a ii;aden.• s
;
Preparation of Subdivision.
Tha appgcaM Is required to ..
$3,000
, # " ,, ,,a
$5.000
1t200.x
4
Agreement
relmbpr��syya��MyyeyyT..o�vmq�ta�fls
�S
,*i
'�
(iiOSte aaavYlelW a,Yh 4Rh1
s )
�'-n�M1w'Y �' 4 4 }y.LC , .K
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!t
,.
a rem
r_:
i=
Major-$1284
Amendment to Subdivision
'a '"" '.
Minor-5428
` ', �, x ` s, x'- ' ;.
,,,�•,
Agreement
- '
` e ' en ondominium
The appifcantisrequired
$3.210
Agreement
reimburse the Town'160 k,s Iggaf
is assada P "� 1. #
� �
S S¢
ream gnt a s,�`i�
Amendment to Condominium
�
ul{gtl to y "
Residee F
Q $"50
Agrement
ucp J.[gga,p!
�
SOOplus�f)1p'perL
I„�" >'°x
coateassocleted, jh.
No�Et �derilyaL�Base�E� .
� *�
amentTmedtra Itatiii' ,
Part Lot Control Application
��
51 +5 'b .
5SW $251unb
;•
$175/unk
a
$S 5 P 00
a l Hea M
R .
Minor Variants Applleatlo
d in g--$350
VURaecssaltidnnet g 1-57,600
,
.
$ 00 0
y
` {
nL tlBeeunl
Accesory
_
ppsyy
Tabling-52
t.Na �
ffi'"
SSNCIUro-$200
M`}�,
k'
r .1I *
Tabling-5200
$750
ss,z
LJ " 'i^
�° '�
S al Meetin -
..
5
wRea�j1 5
Un7i a a�R ��
Residential:$3000
4325/unit
.•
,f esi6 tie,I ,g00
$ splt•'te a
She Plan Approval Application
, ^' $
e5� rr+ "
Residential-$2.500*
$175 unit
a,
3' z
ppS,R ,y I
per
. Commercial-52,500♦
$850@000m'of GFA
P T^R /",
are 9;''�'
� t
Non-Residential:�.
$3000+$5=00orn
r'
1i40.sgm,r}4d`3 � PI
IndualikNOlhar Uses
16, Y,
of GFA
,,$r3,OgQ�yr,�S AOlT�t6
/,
Whare,rr eihanra,tomple�
r
$2.5W+5600fS800rn O<
inetilUti01M1:$3.000
tba wl� r`Y.
t Y1NtOQ
revlevv3ataNeplarldraylkt�et
, i.,.
GrA
'. , 1jtlfi.v,AS<# q.y,� .J' Ta
�,a 711aXCi
117fpd 8fee fGil t5e"'"
rn
J
Type of Application
Ajax(January 2006)
chOrgad for each additional rovlew,
Pickering
(Dec 2005)
Oshawa (Feb 2003)
Whitby
(July 2006)
Clarington.
Existing
19 s r ,.
e i
Morainemoo
Sfta Plan Amendment
Major-$2;500
Residendal Base�,F06i UWpli,%AZSSp9C dWallihp
Expansion less then
Resklentlal�$G00+^
31 ONnh tq,tt max d ;..
Minor-$750
unit t0 a maxllrtum Of$ ,�OQ':Noh-Reaideg5a! -:
50%6 of torsi floor.
B Fee` p�U&, `1Q p@j BQuiat9 m9�tlf,Ot
space-s2.000
$3000
-$i0
a ,, i r
!�op(e 1e1'm '
Expansion greater than
ConenerUalt Sl 000
!�
5o5c-sa•000
Minor plan moditatlon
S1oHOa m''aoaimax
of$0,000
A ',� � "�
$1,000
�Other$¢QO.��.,�;� f
' - -_.
.., .. •`�, ,s'?,,....
-
Applications
O)
/J�
W
$300 clearance
Clarington
LeadmglbeWal REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006
Report#: PSD-116-06 File #: CG 1.5 By-law#: .
Subject: ADULT SCHOOL CROSSING GUARD
REGIONAL ROAD 22 (BLOOR STREET) AND MEADOWGLADE
ROAD, COURTICE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-116-06 be received;
2. THAT Council endorse actions taken to provide an Adult School Crossing Guard
for the location of Regional Road 22.(on the west side of the intersection at Bloor
Street) and Meadowglade Road in Courtice;
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: Reviewed byo
David . Crome, M.C.I.P. R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
DF/DJC/df
28 November 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
619
REPORT NO.: PSD-116-06 PAGE 2
1.0 BACKGROUND
1.1 As the new homes have been constructed in Bayview Neighbourhood in the
south-west portion of Courtice, additional students are attending Dr. G.J.
MacGillivray Public School. Requests have been received from a number of
parents, as well as Jean Marchant, Principal, for the placement of an Adult
School Crossing'Guard at the intersection of. Regional Road 22 (west side of
Bloor Street) and Meadowglade Road in Courtice.
2.0 MUNICIPAL POLICY
2.1 The standard method to determine the need for an Adult Crossing Guard was
developed by the Institute of Transportation of Engineers and used by many
municipalities throughout North America. The methodology determines the length
and quantity of safe gaps between vehicles, and is expressed in percentage of
the studied time where school children will experience delay or difficulty in
crossing a street
In 1991, the Municipality of Clarington adopted 50% as the threshold for the
introduction of an Adult School Crossing Guard.
3.0 STUDY RESULTS AND COMMENT
3.1 Engineering Services undertook a study of traffic conditions at the intersection of
Regional Road 22 (Bloor Street) and Meadowglade Road, Courtice. Approximate
times of traffic study were 3:40 PM to 3:55 PM and 8`.55 AM to 9:10 AM.
Date Period Percent Delay
October 16, 2006 AM 65%
October 20, 2006 AM 60%
October 20, 2006 PM 65%
The results all exceed the 50% minimum warrant which is usually required.
3.2 The study showed that approximately 14 students crossed at this point, with the
remainder being driven by parents. This number of students crossing will most
likely increase after the Crossing Guard is in place and growth continues.
3.3 Given that the warrants were easily met and that the winter season was
approaching, it was important to establish this crossing as soon as possible for
the safety of the students. Staff took the necessary steps to establish the
crossing with the Region of Durham including the installation of pavement
markings and traffic signs. An adult crossing guard was hired and commenced
620
REPORT NO.: PSD-116-06 PAGE 3
duties on Monday, November 27, 2006 Funding for a new crossing guard was
provided for in the approved 2006 Planning.Services budget.
3.4 Due to the existing sidewalk layout, the crossing was placed on the west side of
Meadowglade Road for now. It may be moved to the east side of the intersection
over time after construction activity in the area has ceased.
4.0 CONCLUSION
4.1 As there were no Council meetings from mid-October to mid-December due to
the election, staff took the necessary steps to establish a new crossing at
intersection of Bloor Street and Meadowglade Road. It is respectfully
recommended that Council confirm staffs action to establish the new crossing
and the hiring of an adult crossing guard.
Attachments:.
Attachment 1 - Key Map for Regional Road 22 (Bloor Street) and Meadowglade Road
Courtice
Interested parties to be notified of Council's decision:
Jean Marchant, Principal
621
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* Proposed Crossing Guard Location
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Leading the Way�-/ REPORT
.
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006
Report#: PSD-117-06 File If: PLN 34.10.3 By-law alt:
Subject: ONTARIO HERITAGE TRUST
HERITAGE COMMUNITY RECOGNITION PROGRAM NOMINEES
RECOMMENDATIONS:
it is respectfully recommended that the General Purpose and Administration Committee recommend to
bouncil the following:
THAT Report PSD-117-06 be received;
2. THAT the Ontario Heritage Trust be advised that the Council of the Corporation of the
Municipality of Clarington nominates:.
• Myno Van Dyke for recognition under the Heritage Community Recognition Program for
his significant contribution to the preservation of the cultural heritage of the Municipality
of Clarington, and
• Jim and Margaret Coombes for recognition under the Heritage Community Recognition
Program for their significant contribution to the preservation of the built heritage of the
Municipality of Clarington,
3. THAT Myno Van Dyke, Jim and Margaret Coombes, and the Ontario Heritage Trust be advised
of Council's decision, FORTHWITH.
Submitted by: Reviewed
Daifid . Crome, M.C.I.P. R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
IL/DJC/df
28 November 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830 °
623
REPORT NO.: PSD-117-06 PAGE 2
1.0 BACKGROUND
1.1 In correspondence dated September 29°i, 2006, the Ontario Heritage Trust provided the
Municipality with the opportunity to nominate individuals or groups of individuals for
recognition under the Trusts Heritage Community Recognition Program. The criteria
for nominations states that eligibility applies to any resident who has made outstanding
volunteer contributions in their local community in the area of built, cultural, or natural
heritage preservation,. or heritage garden conservation. Small project groups may also
be considered for nomination where the effort is shared, such as the co-authors of a
local history publication. Individuals who have made exceptional contributions over a
period exceeding 20 years or more may be nominated in the Lifetime Heritage
Achievement category.
The types of activity that qualify are defined below.
Built Nelitage
• leadership in the restoration and preservation of heritage structures
• long-standing voluntary service as amember of a heritage committee
• significant fund raising to support the restoration of a historic structure
Cultural Heritage
• long-standing volunteer service to a historical society, museum, or historic site
o research or writing related to local history
voluntary teaching of local history or traditions
• personal collections of local artifacts, heritage photographs or memorabilia that are
shared with the community
Natural Heritage
• significant volunteer work at a conservation authority or area
• outstanding contributions as a volunteer board member of a local natural heritage
organization
o demonstrated leadership in the protection of natural heritage
• significant natural heritage conservation activities by private landowners
Heritage Garden Conservation
• hands-on volunteer work in preserving, restoring, or recreating a heritage garden
based on historical research
• significant fundraising to support the preservation, restoration, or recreation of a
heritage garden
• research or writing related to heritage gardens
Lifetime Heritage Achievement
• individual who, over the course of his or her lifetime (a minimum of 20 years) has
made exceptional contributions to built, cultural and/or natural heritage or heritage
garden conservation
624
REPORT NO.: PSD-117-06 PAGE 3
2.0 RECOMMENDED NOMINATIONS
2.1 A request for nominations was presented to the Clarington Heritage Committee at their
meeting of October 17". The Committee passed a motion to recommend that Myno
Van Dyke, past president of the Newcastle Village and District Historical Society, be
nominated as the recipient in the cultural heritage category, and that Jim and Margaret
Coombes, owners of the John Cole house at 4675 Bethesda Road, be nominated as
the recipient in the built heritage category.
An advertisement for nominations was placed in the Canadian Statesmen and the
Orono Weekly Times on November 1n. As of the writing of this report no submissions
were received.
All nominations are to be endorsed by Council. Attached are the supporting reasons for
each nomination. The reasons for nomination are to be attached to the nomination form
and the form is to be endorsed by the Mayor. This submission is to be forwarded to the
Ontario Heritage Trust by December 13"', 2006.
3.0 CONCLUSION
3.1 Staff are in support of the Clarington Heritage Committee's selection of Myno Van Dyke
and Jim and Margaret.Coombes as the 2006 recipients of the Heritage Community
Recognition Program award and recommend that Council nominate these three
Clarington residents for their efforts in conserving the Municipality's cultural and built
heritage.
Attachments
Attachment 1 — Myno Van Dyke reasons for nomination
Attachment 2 Jim and Margaret Coombes reasons for nomination
List of Interested Parties to be Noted of Councils decision:
Myno Van Dyke
Jim and Margaret Coombes
Ontario Heritage Trust
625
Attachment 1
To Report PSD-117-06
DESCRIPTION OF ACTIVITIESlACHEIVEMENTS OF
MYNO VAN DYKE
For the past eight years Myno Van Dyke has been an active member of the Newcastle Village
and District Historical Society and has held the positions of vice president and president. He
has written a significant number of articles on local history that have been published in the
Historical Society's newsletter, on various websites and in the local newspaper. He is currently
the Historical Society's representative on the Board of the Clarington Museum and Archives
and is a member of their Collections and Events Committee.
Mr. Van Dyke has devoted a considerable amount of time to organizing local cultural heritage
events, researching and sharing his knowledge. He has written book on the life and times of
Sydney Venton, former Chief of Police in Bowmanville, and has given a number of
presentations on the history of policing in Clarington. He was instrumental in having Venton
honoured with a plaque hung in the municipal administrative centre and having a street named
after him in the hamlet of Tyrone. He also organized a showing of local Orono artist Arthur
Drummond's (1891-1977) work for an event he entitled Drummond Day by gathering 54 of
Drummond's paintings for public display at the Orono United Church.
For two years Mr. Van Dyke was the secretary of the Newcastle Sesquicentennial Steering
Committee which celebrated the 15e.. anniversary of Newcastle Village in 2006. He
researched and prepared a presentation on the history of Newcastle Village which he
presented to the students of all the elementary schools in Newcastle Village, the local service
clubs and community groups, and the Rotary Club in Bowmanville. He also edited and
coordinated the production of a booklet on the community's history entitled 1866-2006
Newcastle Sesquicentennial. His expertise in cultural history also includes automobiles as he
has been a member of the Studebaker Drivers Club since 1979. For a number of years he
was the editor of their Ontario chapter newsletter "Studebanner" and was a regular contributor.
i
His most recent endeavour is seeking the designation of the Walbridge house in Newcastle
Village as a cultural heritage resource. Mr. Van Dyke brought the building to the attention of
the Municipality by submitting historical research he had completed on the property and by
making a formal presentation before council. His research has revealed that the property may
be of cultural heritage significance to the Province of Ontario and on this basis he has also
submitted a request for provincial designation to the Ontario Heritage Trust for review and
submission to the Ministry of Culture.
Mr. Van Dyke's interests range from the preservation of Clarington's built heritage to educating
the public about Clarington residents that have made a contribution to local culture. His goals
and achievements have made him an outstanding volunteer in the protection of Clarington's
cultural heritage.
626
Attachment 2
To Report PSD-117-06
DESCRIPTION OF ACTIVITIESIACHEIVEMENTS OF
JIM and MARGARET COOMBES
Over the past several years the Ministry of Transportation has been acquiring properties that
were potentially in the route of the proposed 407 highway. Standard practise for the Ministry
was to purchase the property and demolish,any buildings on the site. In recent years the
Ministry has changed their approach in regards to.building demolition. Jim and Margaret
Coombes were instrumental in bringing about that change.
The property located at 5690 Acres Road contained a fieldstone farmhouse constructed for the
Cole family in the 1800s. The house was inhabited by the Cole family until it was sold to Leslie
Coombes, Jim Coombes father, in 1939. Mr. Coombes resided in the house until 1957 and it
continued to be owned by his family until 1962. The Cole house remained in residential use
until it was purchased by the Ministry of Transportation. The structure was listed in the
Municipality's inventory as a primary heritage resource but was not designated under the
Ontario Heritage Act.
Having spent his childhood years in the Cole house, Mr. Coombes was disheartened to see
the building suffering from vandalism and lack of continuous can:. He approached the Ministry
with an offer to move the building off the site. As a result the Ministry has now formulated two
documents, an Expression of Interest and a Request for Proposals which are specific to the
relocation of heritage houses. Jim and Margaret Coombes were successful in satisfying the
Ministry's requirements for relocation of the house and on October and, 2004 it was moved to
its new location at 4675 Bethesda Road.
Over the past two years the Coombes have been painstakingly restoring the house to its
former glory. Broken glass was replaced along with missing trim. All of the windows,
including the casings, had been taken out of the front porch while it sat vacant on the Ministry's
property. These have been replaced with custom made wooden reproductions. All of the
original wooden window casings, door frames, baseboards, staircase and railings in the interior
have been preserved and a hardwood floor was removed to reveal a wide planked pine floor
which has now been restored. In March of 2005 the Coombes requested that Council
designate the house at its new location under Part IV of the Ontario Heritage Act. The request
was supported by the Clarington Heritage Committee and approved by Council.
Jim and Margaret Coombes have invested a considerable amount of time and expense in
saving the Cole house from certain demolition. Their restoration .efforts and the heritage
designation of the building indicate that the preservation of this structure has been their
primary concern. They are to be commended for contributing to the preservation of
Clarington's built heritage.
627
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Leading[he Wa, REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, December 11, 2006
Report#: PSD-118-06 File No's: PLN 15.12 By-law#:
Subject: LICENSE AGREEMENT FOR CANADIAN NATIONAL RAILWAY COMPANY LANDS,
AT MILE 288.9 FOR THE WATERFRONT TRAIL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-118-06 be received;
2. THAT the license agreements for recreational purposes be entered into with the Canadian
National Railway Company lands at Mile 288.9 under the access bridge to Wilmot Creek
Retirement Community, Part of Lot 3, Broken Front Concession, former Township of
Darlington;
3. THAT By-laws authorizing the Mayor and Clerk to execute the agreement for the above noted
license be adopted;
4. THAT Council authorize staff and the municipal solicitor to take all necessary steps to finalize
this license agreement; and
5. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
Submitted by: Reviewed by:
DaN4d J. rome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
A. S. Cannella, C.E.T.
Director of Engineering Services
FL'DJC'sh'df
22 November 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
632
REPORT NO.: PSD-118-06 PAGE 2
1.0 BACKGROUND
1.1 The Municipality committed to the Waterfront Regeneration Trail in the 1990's. Since
that time, the studies carried out by the Municipality, planning decisions and land
acquisitions have advanced the goal of a continuous off road trail along the Waterfront
in the urbanized areas of Clarington.
1.2 The Municipality has been working with Ridge Pine Park Inc. (Rice Developments) to
complete the "missing link" in the trail between Bennett Road and Cobbledick Road. In
the Phase 1 to 5 Amending Agreement for the development, terms were put in place
requiring the developer to design and construct 1.6 km of Waterfront Trail from Bennett
Road to the Cobbledick Road.
1.3 The Municipality as part of the approval for Phase 6, 7 and 8 of Wilmot Creek have
acquired a corridor for the Waterfront Trail adjacent but separate from Wilmot Creek.
Through Lot 3 the corridor is adjacent to the CN Rail lands and north of the tennis
court/lawnbowling centre (Attachment 1). To provide access below Wilmot Creek Drive
overpass it is necessary to route the trail onto CN land adjacent but separate from the
tracks under the overpass.
1.4 Rice Developments have been in discussion with CN and have obtained approval for
the routing of the trail onto CN lands, providing that the Municipality enter into a license
agreement.
1.5 In May, 2006 Council approved the by-laws for the license agreements with Hydro One
Networks for the waterfront trail immediately east of the Wilmot Creek Drive overpass.
2.0 COMMENTS
2.1 The location of the Waterfront Trail in relation to the Wilmot Creek Community has been
shown on the revised site plans and is the subject of negotiation with the owners of
Wilmot Creek Community, Canadian National Railway Company and the Municipality.
All parties are in concurrence as to the location of the trail, its alignment and
construction details.
2.2 The Municipality will be obtaining the license for the area under the overpass. The
licence area is 0.0154 ha.
2.3 The licence agreement is granted on the provision that the Licensee .(the Municipality)
pay the sum of One Dollar ($1.00) plus G.S.T. and in addition $500 plus GST, annually
for a period of 10 years with an option for an additional 10 year renewal of the license.
2.4 The other terms of the Licence that Council should be aware of are that the Municipality
would be responsible for any costs that could be incurred by the Railway should a flag
person or other expenditures be required while construction or maintenance by the
Municipality or Railway is necessary. Currently, the Waterfront Trail is being located
633
REPORT NO.: PSD-118-06 PAGE 3
outside of the limits that a flagperson would be required, but over the life of the license
this requirement could change.
2.5 The Municipality must carry Five Million Dollars ($5,000,000.00) in order to indemnify
the Licensor and Hydro One Networks Inc. The Director of Finance has confirmed that
we are in compliance with this condition.
2.61 The license agreement has been reviewed by the Municipal Solicitor.
3.0 CONCLUSION
3.1 The Municipality has been working towards having the Waterfront Trail off-road,
especially in the more urbanized areas.
3.2 The developer is paying for the construction of the trail as part of the overall
development of Wilmot Creek Lifestyle Community in accordance with the
arrangements with the Municipality. The Waterfront Trail is to be constructed in the
spring of 2007.
3.3 Staff are recommending that the license agreement for recreational purposes be
entered into to provide the missing link of the Waterfront Trail adjacent to the Wilmot
Creek Retirement Community.
Attachments:
Attachment 1 - Map of CN lands and trail location
Attachment 2 - By-law
List of interested parties to be advised of Council's decision:
Rice Developments Inc.
634
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Attachment 2
To Report PSD-118-96
THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2006-
being a by-law to authorize the entering into a Recreational Purpose Licence
Agreement with Canadian National Railway Company,the owner Part of Lot 3,
Broken Front Concession former Township of Darlington, now in the
Municipality of Clarington,Region of Durham
WHEREAS,the Council of the Corporation of the Municipality of Clarington has approved
the alignment of the Waterfront Regeneration Trail,through these lands, shown in
Schedule A and described as.the right-of-way for Canadian National adjacent to the
tracks of the Railway at Mile 288.9 of the Kingston Subdivision;
AND WHEREAS, the owner of the lands have authorized a signing officer to execute a
license for a period of ten(10)years;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as folbws:
1. That the Mayor and Clerk are hereby authorized to execute on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation's seal,
a Licence Agreement for Recreational Purposes between Canadian National
Railway Company on Part of Lot 3 in Broken Front Concession former Township of
Darlington, now in the Municipality of Clarington,Region of Durham.
BY-LAW read a first time this 111' day of December 2006
BY-LAW read a second time this 11s' day of December 2006
BY-LAW read a third time and finally passed this 11"' day of December 2006
Jim Abernethy, Mayor
Patti L.Barrie, Municipal Clerk
637
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MUNICIPALITY OF CLARINGTON
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Area to be Leased under overpass to allow for Access for Waterfront Trail
HYDRO ONE LANDS
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Schedule "A"
Clarin n
- LeadinglheWay REPORT.
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday; December 11, 2006
Report#: PSD-119-06 File #: PLN 26.14 By-law#:
Subject: ENFIELD TRANSFORMER STATION— CLASS ENVIRONMENTAL
ASSESSMENT UPDATE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-11.9-06 be received for information;
2. THAT Hydro One be requested to provide a presentation to Council and meet with
affected residents at a location within Clarington prior to finalizing the Notice of
Completion of the Environmental Study Report;
3. THAT Hydro One and the Ministry of the Environment be forwarded a copy of Report
PSD-119-06; and
4. THAT all interested parties listed in this Report and any delegation be advised of
Council's decision.
Submitted by: Reviewed
DAQACromfi, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
FL'DJC'sh
November 27, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
639
REPORT NO.: PSD-119-06 PAGE 2
1.0 BACKGROUND
1.1 Hydro One initiated an Environmental Assessment for the addition of a transformer
station in the Enfield/north Harmony area in May of 2006 (Attachment 1). Prior to that
time representatives of Hydro One had met on a preliminary basis with staff to obtain
zoning information and identify environmental issues.
1.2 The Environmental Assessment's purpose was to identify the alternative sites and the
potential environment impacts and mitigation, and identify the preferred site.
1.3 Clarington staff have not been consulted on the preferred site selection and the
Environmental Study Report does not provide the rating and evaluation of the 12 sites.
1.4 Due to the overlap of the study boundary along the Oshawa/Clarington Townline the two
Public Information Centres were held in Oshawa outside the affected area of the study.
Clarington residents have indicated that they were not informed of these meetings in the
way that the Environmental Study Report indicates they were.
2.0 PROJECT NEED
2.1 Hydro One's Wilson, Thornton, Whitby and Cherrywood Transformer Stations have
reached their capacity to reliably supply customers in the Region of Durham. The need
for additional transmission capacity was identified in a joint planning study between
Hydro One Networks and the Local Distribution Utilities serving Durham Region. The
new electrical transmission facilities will accommodate the anticipated electricity load
growth in north Oshawa and improve reliability of electricity supply to customers in these
areas.
3.0 PREFERRED SITE
3.1 Following a consultation process with members of the public, public interest groups,
municipal governments and elected officials,,Hydro One has selected a preferred site—
north of Concession Road 7 between Langmaid Road and Grandview Street North in
the Municipality of Clarington (Attachment 2).
The transformer station, will convert the 230 W transmission voltage to 44 W for
distribution to homes and businesses in Oshawa and Clarington. The transformer
station will have some visual impact (Attachment 3).
3.2 Proposed Transmission Facilities
The station project involves the construction of a 230 W transformer in the vicinity of
Harmony Road North and Enfield Road, adjacent to the existing 230 W transmission
corridor. The transformer station will convert the 230 W transmission voltage to 44 W
for distribution to local homes and businesses. The major equipment needed will be:
Two 230/44 W transformers
640
REPORT NO.: PSD-119-06 PAGE 3
44 kV switching facilities
Associated buswork
_Eight 44 kV distribution feeders
3.3 Alternative Sites
Initially, 12 potential sites were identified in the study area. Following an assessment of
technical and environmental constraints, the number of potential sites decreased to
seven. Of the seven sites, only Site B was potentially available for acquisition, and Site
A was located on the Hydro One property. Only the 2 sites are evaluated in the
Environmental Study Report.
3.4 Assessment of Alternatives
Site selection was based on:
• Availability of property
• Proximity to residences
Location and proximity to existing hydro lines
Effects on natural features
Effects on social environment
Technical and maintenance considerations
Cost
4.0 NEXT STEPS
The planning and analysis supporting the preferred site is documented in Hydro One's
Draft Environmental Study Report (ESR). The ESR was made available for a 30-day
public review period starting from November 6, 2006. Comments to Hydro One are due
by December 5, 2006.
5.0 COMMENTS
5.1 Staff have made preliminary comments to Hydro One to meet the December 5"'
deadline and informed them that Council will be receiving this report on December 11th
a copy of this report will be sent to Hydro One and the Ministry of Environment.
5.2 Staff have reviewed the contents and methodology set out in the ESR and consulted
with the Conservation Authority. Unfortunately, the ongoing consultation between
Hydro One, the Municipality and residents was lacking during the process. While in the
end the conclusions may be appropriate, due to the inadequate public review process,
lack of consultation with the Municipality and the absence of a full discussion on the site
selection methodology in the ESR, it is unclear to staff and the public how the site
selection moved from 12 possible locations to the two that were evaluated.
5.3 The items of concern that staff have identified with regard to the ESR and heard from the
residents are :
lack of notification by mail to residents that are affected.
641
REPORT NO.: PSD-119-06 PAGE 4
• better explanation within the report as to how the Gartner Lee study of 1978 of
environmental impacts has been updated and the new findings.
• discussion of how stray voltage may/may not affect breeding livestock.
updating of the agricultural inventory that was carried out for the ESR.
• Section 4, site selection appears to be predicated on property availability rather
than environmental impacts. A.chart of all 12 sites and how it was narrowed to
the two sites would typically be included in an ESR.
5.4 Due to the lack of communication with both the Municipality and affected residents, we
are suggesting Hydro One provide Council with a presentation and hold meeting(s) with
the affected residents in the Municipality of Clarington to provide a better understanding
of the environmental impacts and answer questions that the residents have before filing
the Notice of Completion for this ESR.
Attachments:
Attachment 1- Figure 2.1: Project Study Area
Attachment 2 - Figure 4.1: Location of Alternative Proposed Enfield TS Sites
Within the Study Area (page 23 and 24 from the ESR)
Attachment 3 - Figure 1.2: Photograph of typical 230-kV/44-kv Transformer Station
Interested parties to be advised of Council's decision:
Heather Zhang, Hydro One
Ministry of the Environment
Environmental Assessment &Approvals Branch
Jim Sullivan
Deb Vice
Protect the Ridges
Libby Racansky
Friends of Farewell Creek
David J. Spencer
642.
Attachment 1
To Report PSD-119-06
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Clar1n n
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006
Report#: PSD-120-06 File#: PLN 33.4 By-law#
Subject: PORT GRANBY PROJECT - EXTENSION OF CONTRACT FOR MUNICIPAL PEER
REVIEW SERVICES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report PSD-120-06 be received;
2. THAT the existing contract with Hardy Stevenson & Associates Limited, Toronto, for Consulting
Services, Port Granby Long-Term tow-Level Radioactive Waste Management Project, be
extended to the end of 2008;
3. THAT the total funds required be expensed to Account# 100-50-385-10175-7160;
4 THAT the By-law attached to Report PSD-120-06, as Attachment 1 authorizing the Mayor and
Clerk to execute the agreement, be APPROVED; and
5. THAT the interested parties be advised of Council's decision.
Submitted by: Reviewed by:
David . Crome, M.C.I.P., R.P.P. Franklin Wu,
Director of Planning Services Chief Administrative Officer
JAS/FUDJC/df
28 November 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
647
REPORT NO.: PSD-120-06 PAGE 2
1.0 BACKGROUND AND COMMENT
1.1 In 2001,the Municipality of Clarington and the Municipality of Port Hope entered into a
Legal Agreement with the Government of Canada for the safe, long term management of
low level radioactive waste located in each community. The Port Granby Project, as part
of the larger Port Hope Area Initiative, addresses the wastes currently stored at the
existing Port Granby Waste Management Facility located southeast of Newtonville.
1.2 Phase 1 of the Port Granby Project, which involves the undertaking of the Environmental
Assessment for the Project, began in 2002. Phase 2 will commence with the issuance of
a construction licence for a new waste management facility by the Canadian Nuclear
Safety Commission. This is expected to occur sometime in 2008.
1.3 The Legal Agreement provides for the federal government to reimburse the Municipality
for its costs related to the Port Granby Project, including costs related to retaining peer
review consultants. In April 2002, Council passed a by-law to retain Hardy Stevenson &
Associates to provide peer review consulting services for the Port Granby Project. In
December 2002, Council approved the extension of the contract with Hardy Stevenson &
Associates for a further four years to the end of 2006.
1.4 The peer review services provided by Hardy Stevenson & Associates over the past five
years has been critical to the Municipality's effective participation in the Port Granby
Project. These services have included the review of numerous technical documents
related to such matters as radioactive materials, human health and safety, and facility
design, as well as advice related to the mitigation of impacts on area residents. Given
that Phase 1 of the Port Granby Project is expected to continue for up to an additional
two years, it is appropriate to extend the Municipality's contract with Hardy Stevenson &
Associates to the end of 2008.
1.5 Phase 2 of the Port Granby Project will involve the work related to the excavation of the
waste and the construction of the new waste management facility. As such, Staff will
review the Municipality's requirements for consulting services for this Phase and will
report back to Council at a later date.
Attachments:
Attachment 1 - By-law
List of interested parties to be notified of Council's decision:
Dave Hardy, Hardy Stevenson &Associates
Glenn Case, Low Level Radioactive Waste Management Office
648
Anacnmertt 1
To Report PSD-120-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N6.2006-
being a By-law to authorize a contract between the Corporation of the
Municipality of Clarington and Hardy Stevenson & Associates limited, Toronto,
Ontario, to enter into an agreement for Consulting Services, Port Granby Long-
Term Low-Level Radioactive Waste Management
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, a contrail
between Hardy Stevenson&Associates,Toronto,Ontario,and said Corporation;and
2. That the contract attached.hereto as Schedule"A"form part of this By-law.
By-law read a first and second time this day of 2006
By-law read a second time this day of 2006
By-law read a third time and finally passed this day of 2006
Jim Abernethy,Mayor
Patti L Barrie, Municipal Clerk
649
Claris��W� /n
LeadiagtbeWay�/. REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006
Report#: PSD-121-06 File #: PLN 14.1 By-law#:
Subject CANADIAN URBAN ARCHETYPES PROJECT:
URBAN FORM AND ENERGY CONSUMPTION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration,Committee
recommend to Council the following: .
1. THAT Report PSD-121-06 be received for information.
Submitted by: Reviewed by:
Y
D i . rom ,
MCIP, R.P.P. Franklin Wu,
DireW of Planning Services Chief Administrative Officer
SQ"COS'DJC/sn
November 29, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO OC 3A6 T(905)623-3379 F (905)623-0830
650
REPORT NO.: PSD-121-06 PAGE 2
1.0 BACKGROUND
1.1 Places to Grow Plan
The Places To Grow Growth Plan for the Greater Golden Horseshoe was enacted by
the Provincial Government and came into effect on June 16, 2006. In section 2.4 A
Culture of Conservation the Growth Plan directs municipalities to:
"develop and implement official plan policies and other strategies in
support of the following conservation objectives:
b) Energy conservation, including—
i. energy conservation for municipally owned
facilities
ii. identification of opportunities for alternative energy .
generation and distribution
/it. energy demand management to reduce energy
consumption
iv. land-use patterns and urban design standards that
encourage and support energy-efficient buildings and
opportunities for cogeneration.
1.2 Clarington Official Plan
Energy conservation is encouraged through the sustainable development policies of
Clarington's Official Plan. Along with principles such as the consideration of global
environmental issues and the recognition of all parts of the ecosystem when planning
and developing land, The Clarington Official Plan indicates that future development of
Clarington should also contribute to the reduction of per capita energy consumption.
1.3 Green Community Strate9v
On September 18, 2006, Clarington Council authorized the development of a Green
Community Strategy that would be lead by a Community Advisory Committee. This is a
joint project between Municipal Staff and the Clarington Board of Trade. It includes a
community survey.
The Green Community Strategy is moving forward on five levels to develop the strategy
which include a residential, commercial and industrial component.
The residential component includes conservation programs and methods of subdivision
and building design.
The commercial component includes conservation awareness and education and green
building standards such as green roofs.
The industrial component includes conservation and incentives for implementing LEED
(Leadership in Energy and Environmental Design), a rating system developed by the
U.S. Green Building Council to certify buildings with sustainable features) building
standards.
651
REPORT NO.: PSD-121-06 PAGE 3
2.0 CLARINGTON'S CURRENT INITIATIVES
The Municipality is working on a number of energy and sustainability initiatives:
• In recognition of the economic development prospects of the energy and
environment sector, Council has designated lands for the development of the
Clarington Energy Business Park. Council has adopted a 50% reduction of the
development charges once the building receives a LEED certification in both the
Energy Park and the Science and Technology Business Park.
• The Municipality is currently analyzing the cost-benefit of making the Newcastle
Library a "green building" under the LEED (Leadership in Energy and Environmental
Design) Green Building Rating System. In addition, the Municipality is looking into an
overall energy conservation program for its facilities.
• Council also adopted the recommendation by staff to request the developer of the
Foster Creek Subdivision in Newcastle ( 660 units) to submit an Energy
Management Plan to the satisfaction of the Director of Planning outlining various
means that the Owner will implement to support energy conservation. .
• Council has also approved agreements with the developers of the proposed Home
Depot in the West Bowmanville Town Centre Area. The agreements .call for the
building to be LEED Certified. Staff is also promoting green development principles
with the other developers of the West Bowmanville Town Centre in particular Wal-
Mart. Staff is also working with the developers of the Holiday Inn Hotel and
Conference centre to develop a green roof for the conference centre.
• Staff will also be meeting with the Canadian Urban Institute as part of the Green
Building Alliance to consider land-use patterns and urban design standards that
encourage and support energy-efficient buildings as part of the Neighbourhood
Design Plans currently being prepared. The Green Community Strategy Policies will
also inform the upcoming review of Clarington's Official Plan.
3.0 CANADIAN URBAN ARCHETYPES PROJECT
3.1 Planning Staff have recently responded to another important initiative known as the
Canadian Urban Archetypes Project. This supports the principle of energy conservation
under Clarington's Green Communities Strategy. To better understand the energy
implications of different development patterns, the CANMET Energy Technology Centre
(CETC) of the Ministry of Natural Resources Canada is developing a tool of "best
practices' regarding urban form and its link to energy consumption. These Best .
Practices will assist Council, staff, and developers in understanding the energy'
consumption of development.
An urban archetype is a profile of an individual neighbourhood, a synthesis of its
physical infrastructure, energy consumption and reported resident behaviour.
652
REPORT NO.: PSD-121-06 PAGE 4
3.2 The premise of the Canadian Urban Archetypes project is that urban form, lifestyle
patterns and energy consumption are inextricably linked. Urban planning decisions such
as density, the mix of uses, and transit infrastructure play a significant role in the overall
energy demand of a community. However, energy has not traditionally been a factor in
decision making for Canadian communities. The energy implications of urban planning
decisions are therefore often not fully realized until well after they are built out:
3.3 By creating a "best practices' of Canadian Urban Archetypes, CFTC is building a
reference tool that supports decision making in urban planning and infrastructure
projects to reduce energy demand and that creates the opportunity for increased
implementation of community energy systems. The Municipality of Clarington has been
selected to participate in this project among a number of other communities across
Canada.
3.4 The first phase in developing the archetypes is to identify three distinct neighbourhoods.
Each urban archetype consists of approximately 300 homes or dwelling units and varies
in development pattern, from single family residential to mixed-use neighbourhoods.
The three neighbourhoods selected by staff are:
• The Old Bowmanville Area (heritage area)
• The area south of Bowmanville Mall (bounded by Simpson Avenue, Hobbs Drive
and Soper Creek)
• Aspen Springs
3.5 Subsequent stages of data collection include providing the Ministry of Natural
Resources Canada with the locations, addresses, number of units within each
archetype, and contact information for local electricity, natural gas and oil utilities.
Another important step in the process is to conduct a survey of the residents of the
selected neighbourhoods to determine their energy awareness and consumption
patterns. The project is funded and largely undertaken by the Federal govemmenL
4.0 CONCLUSION
Involvement in the Canadian Urban Archetypes Project Urban Form and Energy
Consumption project will create a tool that will assist Council and staff apply best
practices in urban form and energy conservation.
Participating in the Canadian Urban Archetypes Project not only informs Clarington's
Green Strategy, but also considers provincial direction with respect to the Places To
Grow Plan, and reflects municipal direction in terms of the Clarington Official Plan.
Attachments:
Attachment 1 — Letter from Natural Resources Canada
653
' Natural Resources Ressources naturelles Attachment 1
Canada Canada To Report PSD-121-06
GANNET Energy Le center de le technologie de
Technology Centre 1'6nergle de CANMET(CTEC)
1 Haenel Drive 1,chemin Heanel - - -
Ottawa,Ontado Ottawa(Ontario)
K1A 1M1 - K1A W -
October 12th,2006
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Canada
Attn: Carlos Salazar
Re: Canadian Urban Archetype Project
Carlos:
Welcome to the Canadian Urban Archetype Project! With the help of the Municipality of
Clarington we aim to develop a comprehensive library of urban archetypes that will be of
use to decision-makers both within your community and in communities across Canada
As we discussed in our phone conversation yesterday,the key stages of developing the
archetypes are as follows.
1. Clarington will identify three (3) or four(4)locations that each represents a
different homogenous development pattem. The Municipality must have records
for each of these areas. Each neighbourhood selected should be distinctive,
having created an opportunity for the residents/occupants to create a lifestyle and
associated energy consumption patterns that are indicative of the urban form.
Each residential archetype is to be approximately 300 dwelling units(homes,
apartments,etc...) in size.
2. Clarington will provide the locations,their addresses and the number of units
within each archetype to Natural Resources Canada(NRCan)by March 31,2007.
3. Clarington will provide NRCan with contact information for local electricity,
natural gas and oil utilities. We will follow up by contacting the local electricity
utility to collect aggregate electricity,natural gas and oil consumption data for
each archetype.
larington will collect data for each archetype as outlined in NRCan Report
Community Benchmarking through Urban Archetypes—Report 5: Data
Requirements for Municipalities by March 31,2007. It is acknowledged that
additional data collection requirements could be necessary pending the outcome
of our Archetypes Mapping Pilot Project.
5. NRCan will retain a consultant to collect the survey data as described by NRCan
Report Community Benchmarking through Urban Archetypes—Report 4.Data
Requirements for Survey Crew. To reflect the unique circumstances of
654
Whitehorse,this data will include a written description of each archetype
location,presenting it in the context of the surrounding community.
6. NRCan will compile archetypes and circulate to Clarington for review and use by
March 31,2007.
The Municipality of Clarington is one of a number of cities that are involved in this
project. To maximize the benefit of the activity NRCan will keep all participants
informed of the project progress,hints and ideas,etc through periodic emails and phone
calls.
To confirm that the stages described above are as you understand them please sign this
sheet and return to me by fax(613)947 0291.
Yours truly,
Jessica Webster,
Community Energy Planning Analyst
Sustainable Buildings& Communities
CFTC-Ottawa
Natural Resources Canada
1 Haanel Drive
Ottawa, ONK1A 1M1
T(613)992 9531, F(613) 947 0291
Email:jessicawebster @nrcan.gaca
Websites: http://www.sbc.nrcan.gc.ca
Carlos Salazar,Manager of Community Planning&Design. Date:November 29,2006
655
Lera�woy REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006 Resolution #:
Report#: EGD-52-06 File #: By-law#:
Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR OCTOBER, 2006.
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-52-06 be received for information.
Submitted by: Reviewed by: y
A. S. Cannella, C.E.T. Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC'RP•bb
November 15, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-1824
701
REPORT NO.: EGD-52-06 PAGE 2
1. BACKGROUND:
1.1 With respect to the Building Permit Activity for the month of October 2006, Staff wish to
highlight the following statistics for the information of Committee and Council.
MONTH OF OCT YEAR TO DATE YEAR TO % CHANGE OF
2006 2006 DATE 2005 VALUE YTD 06-05
Permits Issued 99 919 1016 s.5%
VALUE OF
CONSTRUCTION
Residential $15,684,985 $134,679,330 $125,805,541 7.1%
Industrial $39,800,000. $45,390,666 $34,333,600 32.2%
Government $15,000,000 $16,905,000 $348,500 4750.6%
Commercial $310,000. $4,837,005 $10,801,792 -55.2%
Institutional $808,500 $4,113,371 $846,364 386.0%
Agricultural $377,8501 $1,267,171 1 $3,874,757 67.3%
TOTAL $71,981,335 $207,192,543 1 $176,010,554 17.7%
The following is a historical comparison of the building permits issued for the month of
"OCTOBER" and "YEAR TO DATE"for a three year period.
IGstorieN Ddo for Month of"OCTOBEW F6ator"Date"YEAR TO DATE"
$60,000,000 $210,OD0,000
$7D,00D,00D
$60Ammo 52oDJ�AW
$sD,Dm DDa $1 so mD,DDD
$40,000,000
$30AOMA 0 $180,W0,000
$20000p00 $170 000,000
$1 o,00DADD
$D 2aae zao4 $16D,oMAM 2008 20135 MD4
■veWe $71,981,395 $6,792,724 . $16,506,286 . s vaWe 207,192,543 76,010,554 191,488,024
702
REPORT NO.: EGD-52-06 PAGE 3
The following is a comparison of the types of dwelling units issued for the month of
"OCTOBER" and "YEAR TO DATE".
Dwelling Unit Type"OCTOBER 2008' Dwelling Unit Type"YEAR TO DATE 2008'
a.
IS 9W= ns
"P "EW orrACWD AP M
ap MGM
t
Datum
SEW
WAnm
R
i4
TOWNHGM
p -
TOWNOOIgC
fl
10 SINGLE DETACHED 29 ■SINGLE DETACHED 361
DUACM
O SEMI DETACHED 8 11e a SEMI DETACHED 91
i7 TOWNHOUSE 14 0 TOWNHOUSE 62
a APARTMENT 72 113APARTMENT275
1.2 With respect to building permit activities (over $250,000) and large residential building
permit activities, the details are provided as follows:
APPLICANT CONSTR TYPE LOCATION VALUE
Bowm. Arms Residents Apartment 61 Clarington Blvd $ 6,522,000
Ontario Power Generation Warehouse 2151 South Service Rd $35,000,000
1656772 Ontario Ltd Manufacturing 131 Lake Road $ 4,800,000
Courtice Family Worship Church 1731 Bloor Street $ 750,000
Municipality of Clarington Community Ctr 1780 Rudell Road $15,000,000
Eastman Holdings Car Wash 216 King Avenue $ 300,000
708
REPORT NO.: EGD-52-06 PAGE 4
MONTH OF OCTOBER 2006
2006 2006
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION .
Residential 78 $15,684,985 52 $6121044
Industrial 2 $39,800,000 0 $0
Government 1 $15,000,000 1 $15,000
Commercial 2 $310,000 9 $459 680
Institutional 10 $808,500 6 $60,000
Agricultural 3 $377,850 3 $137,000
Demolition 3 $0 5 $0
TOTAL 99 $71.981,335 76 $6 792 724
YEAR TO DATE
2006 2005
BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF
CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION
Residential 762 $134,679,330 893 $125 805 541
Industrial 20 $45,390,666 11 $34,333,600
Govemment 7 $16,905,000 7 $348,500
Commercial 47 $4,837,005 48 $10,801792
Institutional 26 $4,113,371 14 $846,364
Agricultural 16 $1,267,171 18 $3,874,767
Demolition 41 $0 25 $0
TOTAL 919 $207.192.543 1016 $176,010,554
Attachment#1 — Monthly Building Permit Activity Report/Historical Comparison of Building
Permit
704
Municipality of Clarington
Building Services - Monthly Activity ReportOCTOBER 2006
20'06 2005
October Year to Date October Year to Date
PERMIT FEES $242,108 $1,373,015 $61,024 $1,052,098
2006 2005
October Year to Date October Year to Date
Building Inspections 609 4881 552 7076
Plumbing Inspections 508 4436 455 5504
TOTALS 1117 9317 1007 12580
2006 2005
October Year to Date October Year to Date
Single Detached 28 361 19 316
Semi-Detached 6 91 8 262
Townhouse 14 62 0 49
Apartments 72 275 1 94
TOTALS 120 789 28 .721
YEAR: 2006
AREA nO 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996
month
Bowmanville 565 307 587 468 345 312 188 184 313 423 217
Courtice 121 241 173 180 133 129 231 296 254 295 331
Newcastle 73 202 191 123 131 76 110 78 4 5 3
Wilmot Creek 8 15 25 29 38 24 19 21 33 21 16
Orono 1 1 2 1 1
Darlington 6 14 15 13 17 47 102 31 14 20 17
Clarke 10 13 10 16 15 9 17 17 12 20 10
Burketon 1 1 1 1 1 1 2
Enfield 3
Enniskillen 1 1 1 2 5 7 6 3 7 3
Hampton 3 1 1 1 2 1 2 2
Haydon 1 1 2
Kendal 1 3 2 1
Kirby 1
Leskard 1 1
Maple Grove 1
Mitchells Corners 1
Newtonville 2 4 5 3 3 3 1 2
Solina 2 3 3 3 1 1 -
Tyrone 3 9 3
TOTALS 789 802 1015 843 701 609 679 640 636 801 601
Attachment#1 —Monthly Building Permit Activity Report/Historical Comparison of Building Permit 705
Claris��W� /�
Leading the Way�/ REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 11, 2006 Resolution #:
Report#: EGD-53-06 File M By-law#:
Subject: CLARNEW SUBDIVISION PHASE 1, NEWCASTLE, PLAN 40M-1976,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-53-06 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance'for the Final Works, which include final stage roads and other
related Works, constructed within Plan 40M-1976; and
3. THAT Council approve the by-laws attached to Report EGD-53-06, assuming
certain streets within Plans 40M-1976 and 40R-17504 as public highways.
Respectfully by,
Submitted by: A. S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/NAC/dv
November 28, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
706
REPORT NO.: EGD-53-06 PAGE 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered August 23, 1999, with Clamew Development Inc. to
develop lands by plan of subdivision, located in Newcastle and described as Plan
40M-1976 (Attachment 1). The agreement required the developer to construct all
roadworks, including hot-mix paving, sidewalks, curb and gutter, street trees, a
storm drainage system and streetlights, hereinafter referred to as the 'Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into four(4)
stages:
a) Initial Works;
b) Street Lighting System;
c) Final Works; and
d) Stormwater Management System
1.3 The Initial Works and Street Lighting System were issued 'Certificates of
Completion' and subsequent 'Certificates of Acceptance'by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Stormwater Management System was issued a 'Certificate of Completion'
dated August 31, 2005. This initiated a two (2) year maintenance period,which
will expire on August 31, 2007.
1.5 The Final Works were issued a 'Certificate of Completion' dated August 31,
2005. This initiated a one (1) year maintenance period, which expired on August
31, 2006. The Works were re-inspected at that time and all deficiencies have
now been rectified to the satisfaction of the Director of Engineering Services.
707
REPORT NO.: EGD-53-06 PAGE 3
1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works.
The Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance' for the Final Works.
1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plans 40M-1976 and
40R-17504 as public highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3— Proposed By-law
708
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;" ATTACHMENT, �� • r ,
ATTACHMENT NO.: 2
REPORT NO.: EGD-5346
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
Being a By-law to establish, lay out and dedicate
certain lands as public highways in the Municipality of
Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the blocks and part shown on Plans 40M-1976 and 40R-17504, and
listed below in this'section, all lbeing.in the Municipality of Clarington, In
the Regional Municipality of Durham, are hereby established, laid out,and
dedicated by the Corporation of the Municipality of Clarington as public
highways:
PLAN 40M-1976:
Blocks 71 to 74 inclusive
Plan 40R-17504:
Pad of Lot 27, Concession 1,designated as Part 3 on Plan 40R-17504
BY-LAW read a first and second time this rod^day of r0000c 2005.
BY-LAW read.a third time and finally passed this rock day of roo=2005.
Jim Abernethy,Mayor
Pattie L Barrie, Municipal Clack
710
ATTACHMENT NO.: 3
REPORT NO.: EGD5346
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
Being a By-law to` assume certain streets within the
Municipality of Clarington as pubic highways in the
Municipality of Clarington and to name them.
The Council of the Corporation.of the Municipality of Clarington hereby enacts as follows:
1. THAT the streets and blocks shown on Plans 40M-1976 and 40R-17504, and
listed below in this section, a0 being in the Municipality of Clarington, In the
Regional Municipality of Durham, are hereby accepted by the Corporation of the
Municipality of Clarington as public highways, and assumed by the said
Corporation for public use:
Plan 40M-1976:
Edward Street Feat ,
Glass Court
Bridges Drive
Shipley Avenue
Cutler Drive
Harmer Drkv
Blocks 71 to 74 inclusive
Plan 40R-17504:
Part of lot 27,Concession 1,designated as
Part 3 on Plan.40R-17504,to be named Glass Court
BY-LAW read a first and second time this meh day of)Do=2006.
BY-LAW read a third time and finally passed this rok°'day of roo=2006.,
Jim Abernethy,Mayor
Paid L Barrie, Municipal Cierk
711
Clarin n
Leading the Way REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 11, 2006 Resolution #:
Report#: EGD-54-06 File #: C.BF.30.001 By-law#:
Subject: PORT OF NEWCASTLE SUBDIVISION, NEWCASTLE
PHASE 1 STAGE 1A, PLAN 40M-1984 (PART OF)AND
PHASE 1 STAGE 2, PLAN 40M-2003
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-54-06 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other
related Works, constructed within Plans 40M-1984 and 40M-2003; and
3. THAT Council approve the by-laws attached to Report EGD-54-06, assuming
certain streets within Plans 40M-1984 and 40M-2003 as public highways.
Respectfully by,.
0
Submitted by: A. S.Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/NAC/dv
November 28, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
712
REPORT NO.: EGD-54-06 Page 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered December 17, 1999, with 1138337 Ontario Limited to
develop lands by plan of subdivision, located in Newcastle and described as
Plans 40M-1984 and 40M-2003 (Attachment 1). The agreement required the
developer to construct all roadworks, including hot-mix paving, sidewalks, curb
and gutter, street trees, a storm drainage system and streetlights, hereinafter
referred to as the Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into five (5)
stages:
a) Initial Works;
b) Final Works;
c) Street Lighting System;
d) Stormwater Management System; and
e) Neighbourhood Park Works (Not Applicable)
1.3 The Initial Works and Street Lighting System were issued 'Certfcates of
Completion' and subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Stormwater Management System was issued a Certificate of Completion
dated September 1, 2005. This initiated a two (2) year maintenance period,
which will expire on September 1, 2007.
1.5 The Final Works were issued a 'Certificate of Completion' dated June 15, 2004.
This initiated a one (1) year maintenance period, which expired on June 15,
2005. The Works were re-inspected at that time and, although the Developer
experienced delays in completing the necessary repairs, all deficiencies have
now been rectified to the satisfaction of the Director of Engineering Services.
713
REPORT NO.: EGD-64-06 Page 3
1.6 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works.
The Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance' for the Final Works.
1.7 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plans 40M-1984 and
40M-2003 as public highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3 - Proposed By-law
714
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21
REPORT 1
ATTACHMENT •
ATTACHMENT NO.: 2
REPORT NO.: EGD-"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
Being a By-law to establish,lay out and dedicate certain lands
as public highways in the Municipality of Claringtom
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:.
1. THAT the blocks shown on Plans 40M-1984 and 40M-2003, and listed below in
this section, all being in the Municipality of Clarington, in the Regional
Municipality of Durham, are hereby established, laid out, and dedicated by the
Corporation of the Municipality of Clarington as public highways:
PLAN 40M-1984:
Blocks 86 to 124 inclusive
PLAN 40M-2003:
Blocks 37 and 38
BY-LAW read a first and second time this rot°day of)0000(2006.
BY-LAW read a third time and finally passed this ion^day of ro000(2006.
Jim Abernethy,Mayor
Patti L.Barrie,Municipal Clerk
716
ATTACHMENT NO.: 3
REPORT NO.: EGD-"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
Being a By-law, to assume certain streets within the
Municipality of Clarington as public highways in the
Municipality of Claringtom
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the streets and blocks shown on Plans 40M-1984 and 40M-2003, and
listed below in this section,.all being in the Municipality of Clarington, in the
Regional Municipality of Durham, are hereby accepted by the Corporation of the
Municipality of Clarington as public highways, and assumed by the said
Corporation for public use:
PLAN 40W1984:
Port Of Newcastle Drive(north limit of lot 76 to north limit of Lakebreeze Drive)
Beacham Crescent
Carveth Crescent
Shipway Avenue(west limit of lot 67 to east Omit of Beacham,Crescerd)
Waterview Lane
Schooner Lane
Bluenose Lane
Blocks 86 to 124 inclusive
PLAN 40M-2003:
Schooner Lane
Waterview,Lane
Rosemeadow Crescent
Blocks 37 and 38
BY-LAW read a first and second time this rot'day of m000(2006.
BY-LAW read a third time and finally passed this xxA day of moon(2008.
Jim Abernethy,Mayor
Pattie L Barrie, Municipal Clerk
717
Clarin n
Leading the Wad REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 11, 2006 Resolution #:
Report#: EGD-55-06 File #: By-law#:
Subject: ST. STEPHENS ESTATES SUBDIVISION PHASE 1, BOWMANVILLE,
PLAN 40M-1977, 'CERTIFICATE OF ACCEPTANCE' AND
'ASSUMPTION BY-LAWS',FINAL WORKS INCLUDING ROADS AND
OTHER RELATED WORKS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-55-06 be received;
2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other
related Works, constructed within Plan 40M-1977; and
3. THAT Council approve the by-laws attached to Report EGD-55-06, assuming
certain streets within Plan 40M-1977 as public highways.
Respectfully by,
r�
Submitted by: A. S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/NAC1dv
November 28, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
718
REPORT NO.: EGD-55-06 PAGE 2
1.0 BACKGROUND
1.1 The Corporation of the Municipality of Clarington entered into a Subdivision
Agreement, registered August 31, 1999, with St. Stephen's Estates Inc. to
develop lands by plan of subdivision, located in Bowmanville and described as
Plan 40M-1977 (Attachment 1). The agreement required the developer to
construct all roadworks, including hot-mix paving, sidewalks, curb and gutter,
street trees, a storm drainage system and streetlights, hereinafter referred to as
the Works'.
1.2 The Subdivision Agreement provides for the separation of the Works into four (4)
stages:
a) Initial Works;
b) Street Lighting System;
c) Final Works; and
d) Stormwater Management System (Not Applicable)
1.3 The Initial Works and Street Lighting System were issued 'Certificates of
Completion' and subsequent 'Certificates of Acceptance' by the Director of
Engineering Services, as per the maintenance requirements set out in the
Subdivision Agreement.
1.4 The Final Works were issued a 'Certificate of Completion' dated May 16, 2005.
This initiated a one (1) year maintenance period, which expired on May 16, 2006.
The Works were re-inspected at that time and all deficiencies have now been
rectified to the satisfaction of the Director of Engineering Services.
1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works.
The Subdivision Agreement requires Council approval prior to the issuance of the
'Certificate of Acceptance'for the Final Works.
719
REPORT NO.: EGD-55-06 PAGE 3
1.6 Further to the issuance of a 'Certificate of Acceptance', by-laws are required to
permit the Municipality to assume certain streets within Plan 40M-1977, as public
highways (Attachments 2 and 3).
Attachments:
Attachment 1 - Key Map
Attachment 2 - Proposed By-law
Attachment 3— Proposed By-law
720
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ATTACHMENT NO.: 2
REPORT NO.: EGD-5646
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006- XX
Being a By-law to establish, lay out and dedicate
certain lands as public highways in the Municipality of
Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as
follows:
1. THAT the block shown on Plan 40M-1977,and listed below in this section,
being in the Municipality of Clarington, in the Regional Municipality of
Durham, is hereby established, laid out, and dedicated by the Corporation
of the Municipality of Clarington as public highway.
Block 143
BY-LAW read a first and second time this xxl day of xx)=2006.
BY-LAW read a third time and finally passed this nr°day of:oo=2006.
Jim Abernethy,Mayor
Pattie L Barrie,Municipal Clark
722
ATTACHMENT NO.: 3 .
REPORT NO.: EGD-55-06
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006• XX
Being a By-law to assume. certain streets within the
Municipality of Clarington as pubic highways in the
Municipality of Clarington.
The Council of the Corporation of the Municipality of Clarington hereby enacts as follows:
1. THAT the streets and blocks shown on Plan 40M-1977, and listed below in this
section, all being in the Municipality of Clarington, in the Regional Municipality of
Durham,are hereby accepted by the Corporation of the Municipality of Clarington
as public highways,and assumed by the said Corporation for public use:
Spnroewood Crescent
Guildwood Drive
Lownie Court
Dart Court
Budd Lane
Block 143
Block 146
Block 147
BY-LAW read a first and second tine this roc°day of r000a 2005.
BY-LAW read a third time and finally passed this)oc°day of:ocooc 2006.
Jim Abernethy,Mayor
Patti L Barrie, Municipal Clerk
723
Clarngton
Leading tAe Way
REPORT
EMERGENCY AND FIRE SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 11, 2006
Report#: ESD-012-06 File # 10.12.6 By-law#
Subject: MONTHLY RESPONSE REPORT— OCTOBER 2006
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report ESD-012-66 be received for information.
Submitted by: Reviewed by:
rdon Weir, AMCT, CMM111 Franklin Wu.
Director Emergency & Fire Services Chief Administrative Officer
GWsr
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)623-3379 F(905)623-6506
901
REPORT NO: ESD-012-06 PAGE 2
BACKGROUND AND COMMENT
1. BACKGROUND
1.1 Our report covers the month October 2006. It is our intent to provide Committee with
information relevant to this department, in a timely manner. .
2. REPORT
2.1 The department responded to 283 calls during this period and recorded total fire loss at
$189,000. A breakdown of calls responded to follows in the table attached.
Attachment Activity Report
902
CLARINGTON EMERGENCY & FIRE SERVICES ACTIVITY REPORT
Period: October 1, 2006 00:00:00hrs to October 31, 2006 23:59:59hrs
CALL TYPES -VOLUME BY STATION
STATION 1 STATION 2 STATION 3 STATION 4 STATION 5 TOTALS
CALL TYPE Bowmanville Newcastle Orono Courtics Enniskillen
PROPERTY FIRE CALLS 6 2 0 0 0 8
includes structure, chimney, vehicle,miscellaneous e. ..furniture clothing, etc
UNAUTHORIZED BURNING 3 3 2 0 1 9
(burning complaints)
FALSE FIRE CALLS 35 8 2 9 1 55
includes alarm activations-accidental/malicious, human-perceived emergencies, check calls e. . Investigate an odor
PUBLIC HAZARD CALLS 1 11 1 5 1 1 1 13 1 1 31
includes propane/natural gas leaks,fuel/chemical spills, power lines down/arcing, C.O. leaks etc.
RESCUE CALLS 1 18 1 4 1 5 1 9 1 2 38
includes vehicle extrications/accidents,commercial industrial accidents, homelresidential accidents,water/ice rescues
MEDICAL ASSIST CALLS 63 9 9 35 2 118
includes assistance to ambulance personnel with respiratory and resuscitation emergencies
MISCELLANEOUS CALLS 1 13 1 0 1 2 1 8 1 24
incidents not found assistance not re 'd by other agencies, call cancelled on route etc.
TOTALS 1 149 1 31 1 21 74 8 283
DOLLAR LOSS
#of Fire Calls 6 1 2 1 0 0 0 8
Dollar Loss $ $12,500 1 $176,500 1 $0 $0 $0 $189,000
VOLUNTEER STANDBY RESPONSES
#of Standbys-Calls 0 0 0 0 0 0
#of Standbys-
Training 0 0 0 0 0 0
2006 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. May, Jun. Jul. Aug. Sep. Oct. Nova Dec.
STATION 1 122 109 126 138 119 143 156 155 116 149 0 0 1333
STATION 2 25 38 22 49 33 34 37 53 36 31 0 0 358
STATION 3 20 29 18 10 21 24 15 19 17 21 0 0 194
STATION 4 71 61 89 76 69 73 77 85 81 74 0 0 756'
STATION 5 5 a 15 15 8 13 16 19 14 8 0 0 121
2762
TOTALS 243 245 1 270 288 1 250 1 287 301 1 331 1 264 283 0 0 2762
2005 MONTHLY CALL VOLUME BY STATION
Jan. Feb. Mar. Apr. May. Jun. Jul.' Aug. Sep. Oct Nov. Dec.
STATION 1 153 118 109 148 133 170 161 157 139 ' 118 137 128 1671
STATION 2 38 36 34 40 26 34 29 31 26 36 34 44 408
STATION 3 28 23 16 20 19 19 24 10 22 19 22 30 252
STATION 4 95 69 90 73 78 92 80 100 69 85 105 79 1016
STATION 5 16 8 4 15 9 10 12 12 11 15 18 5 133
3480
TOTALS 1 330 1 254 1 253 1 296 1 265 1 325 1 306 1 310 1 267 1 274 1 314 1 286 1 3480
903
Clar.�ngton
REPORT
Leachng the y
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: DECEMBER 11, 2006
Report#: CLD-025-06 File # By-law#:
Subject: PET PLAN INSURANCE SHELTER PARTNERSHIP PROGRAM - UPDATE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-025-06 be received for information.
Submitted by: Ounicipal iimWA.M.C.T. Reviewed by: Franklin Wu,
Clerk Chief Administrative Officer
PLB"CAG'
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
1101
REPORT NO.: CLD-025-06 PAGE 2
BACKGROUND AND COMMENT
On September 26, 2005 Council considered Report CLD-027-05 and authorized staff to
enrol in the Pet Plan Insurance Shelter Partnership Program for a one year trial period.
The Municipality enrolled in the Program effective November 7, 2005:
The Program provides new pet owners six weeks of free pet health insurance for select
accidents and select illnesses. There is no obligation for the pet owners to enrol and staff
receives no personal gain from this program. The Municipality of Clarington receives $.50
if a new pet owner chooses to activate their insurance voucher and if they enrol beyond the
six week trial period, the Municipality receives $20.00.
Over the past year, staff has continued to distribute pet insurance brochures to new pet
owners and explain the benefits of activating the voucher. To date, the Municipality has
received a total of$28.50 for voucher activations and $80.00 for enrolment beyond the six
week period. Staff report that informing new pet owners of their option to enrol in pet
insurance, regardless of which insurance program, has not placed any undue burden on
staff resources.
Regular Adoptionplan Program Tracking reports are supplied to us and indicate that a total
of 5 claims have been remitted with an average claim cost of$115.20. Feedback from our
new and existing pet owners has been positive. They appreciate hearing of their options
regarding pet insurance, and those owners who have had to make a claim have been
thankful.
Based on the foregoing, staff will continue to provide new pet owners adopting through the
Clarington Animal Shelter information regarding pet insurance opportunities. Please note
staffs role will continue to simply advise the new pet owners of their opportunity for the no
obligation coverage. Staff will not"sell" nor promote one insurance carrier over anyother.
1102
I '[i1 Il REPORT
C
cuing wQy
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 11, 2006
Report#: Addendum to CLD-022-06 File#: By-law#:
Subject: PROPOSED NEW RESPONSIBLE PET OWNER BY-LAW AND
KENNEL BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 THAT the Addendum to Report CLD-022.06 be received;
2 THAT the Kennel By-law(Attachment 2 to Addendum to Report CLD-022-06) be
forwarded to Council for approval;
3 THAT the Responsible Pet By-law(Attachment 1 to Addendum to Report CLD-022-06)
be forwarded to Council for approval; and
4 THAT Animal Alliance of Canada, the Animal Advisory Committee, and all interested
parties listed in Addendum to Report CLD-022-06 be advised of Council's decision and
forwarded a copy of the by-laws.
Submitted by: arr A.M.C.T. Reviewed by: Franklin Wu,
Municipal erk Chief Administrative Officer
CAG*PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-6233379 F 905.62344
1103
REPORT NO.: Addendum to Report CLD-022-06 PAGE 2
BACKGROUND AND COMMENT
On October 2, 2006 the General Purpose and Administration Committee held a Public Meeting
and considered Report CLD-022-06 respecting the proposed new Responsible Pet Owner By
law and the proposed new Kennel By-law. Prior to the public.meeting a copy of the Report
and the draft by-laws were sent to currently licensed Kennel owners, the Clarington Animal
Advisory Committee and the Animal Alliance of Canada. Although no one spoke in opposition
to or in support of the matter at the Public Meeting, staff did receive a call from a concerned
Kennel owner/operator and some members of Council also received calls from concerned
Kennel owners. At the October 2, 2006 meeting the Committee referred the matter back to
staff to allow for further input from the Kennel stakeholders.
No concerns were expressed by Members of Council and staff did not receive any comments
or concerns respecting the proposed new Responsible Pet Owners By-law.
The Animal Advisory Committee agreed to host a meeting dedicated to discussing the .
proposed new Kennel By-law. On October 17, 2006, correspondence was sent to all licensed
Kennel owners inviting them to our November 29, 2006 Animal Advisory Committee Meeting.
In addition to the Committee members, approximately 12 people attended the Animal Advisory
Committee Meeting representing Kennel owners, operators, breeders, and the Animal Alliance
of Canada. As well, staff representing the Municipal Law Enforcement Division and Planning
Services Department were in attendance. The draft by-law was reviewed in its entirety and
any concerns or issues raised were discussed.
Staff have considered these comments and incorporated changes where deemed appropriate
in the proposed draft by-law. The changes are detailed in Attachment 4 to this Report.
i
A copy of this Report and its attachments has been provided to all interested parties listed in
this Report.
Recommendation
Due to the number of changes required, and to clearly differentiate between the regulatory
activities of the Responsible Pet Owners By-law and the Licensing activities of the Kennel
Licensing, it is recommended that the existing Responsible Pet Owners By-law#99-90 be
repealed and that the attached By-laws marked Attachment 1 and Attachment 2 be forwarded
to Council for approval.
Attachments:
Attachment 1 — Proposed new Responsible Pet Owners By-law
Attachment 2— Proposed new Kennel By-law
Attachment 3— Report CLD-022-06
Attachment 4 -Amendments made to draft by-law to incorporate stakeholders' comments
1104
REPORT NO.: Addendum to Report CLD-022-06 PAGE 3
Interested Parties to be advised of Council's decision:
• Ms. Liz Whits
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
• Michael Clay- Country Lane Kennels
• Brian O'Connor
• John Sheppard
•
Amid! Sarkis
• Tim Tufts - Kendal Hill Game Farm and Kennel
• Beverley Wiggans
• Christine Nicholson
• Catherine Bolahood
• Wolfram Klose � Havelberg Dog Academy
• Robert King
• Don &Cynthia Prout
• John Palmer
• Kathy Asling
• Catherine Ivany
• Douglas and Karin Aird
• Ari Rotman
• Keith and Lance Crago
• Peter Lauder
• James Rossiter
• Dale McGill-Tagamar
• Animal Advisory Committee
1105
AttAaWif 10 j Db61,or
-roRIPM0 cu -o]o.nc
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a by-law to repeal By-law 99-90, as amended, and to amend By-laws
91-20 and 93-161, as amended, a by-law to licence, regulate and prohibit
certain animals or classes thereof within the limits of the Municipality of
ClaringtDn,or defined areas therein.
WHEREAS Sections 9 to 11 of the Munkrpa/Ad, 2001, S.O. 2001, c.25, as amended
(7Nunklpal Act),confer the power to pass by-laws regulating or prohibiting animals to a
lower-ter municipality;
AND WHEREAS Section 9(3xb) of to Munk4paf Ad confers the power upon a
municipality, it exercising its powers to regulate and prohibit respecting a matter, to
Provide for a system of licences, permits,approvals or registrations respecting the mater,
and to Impose conditions as a requirement of obtaining, continuing to told or renew a
licence,pemdt,approval or registration;
AND WHEREAS Section 103 of the Municipal Ad confers the power upon a municipailly
to pass a by-law to provide for the seizure and impounding of animals being at large or
trespassing and the sale of impounded animals under certain conditions;
AND WHEREAS Section 105 of the Munkipal Ad requires Council or a Committee of
Council or an animal control officer of the municipality to hold,a hearing on whether to
exempt an Owner in whole of in part from muzzling requirements of a dog, when so
requested by the dog Owner,
AND WHEREAS Section 391 of the Munkipel Ad authorizes the municipality to pass by-
laws imposing fees or charges on any class of Persons for services or activities provided
or done by or on behalf of ib
AND WHEREAS Section 396 of the MunkiW Act provides that a by-law passed under
Section 391 may provide for fees and charges that vary on any basis the municipality
considers appropriate and specifies in the by-law, and for different classes of Persons
and deal with each class in a different way;
AND WHEREAS the Dog Owners, LiabNPty, Act, R.S.O. 1990, c D.16, as amended,
Provides for controls on pit bulls and other dog breeds as defined it the Act;
i
1106
Page 2
AND WHEREAS the Pounds Act,R.S.O. 1990,Chap. c.P.17 authorizes a municipality to
Impound animals found At Large;
AND WHEREAS the Corporation of the Municipality of Clarington promotes and
advocates the humane treatment of animals and responsible pet ownership;
AND WHEREAS the Corporation of the Municipality of Clarington deems it desirable to
pass such a by-law to reflect the requirements set out in the Dog Owners'LiabliNyAd.
NOW THEREFORE, the Council of The Corporation of the Municipality of Claringlon
hereby enacts as follows:
SECTION 1 -DEFINITIONS AND INTERPRETATION
1.1 SHORT TITLE: This By-law may be cited as the "Responsible Pet Owners By-
1.2 For the purposes of this By-law, unless stated otherwise or the contend Implies a
different meaning:
ALTERED- shall mean a male or female animal that has been sterilized by a licensed
veterinarian. In the case of a female animal, Wered'shall be where the animal has
been spayed or otherwise operated on to prevent conception, and In the case of a male
animal,'Altered"shag be where the animal has been neutered or ca strated.
ANIMAL- shall mean any member of the animal kingdom excluding humans. Without
limitation,"Animar shall include mammals,dogs,cats,birds and reptiles.
ANIMAL SERVICES DIVISION-shall mean the division responsible for the enforcement
of this By-law and any related animal legislation In the Municipality of Clararglorr.
ANIMAL SERVICES OFFICER- shall include any Person employed by the Municipality
of Clarington to enforce the provisions of this Bylaw.
AT LARGE - shag mean any Animal found In any place other than the properly of the
Owner of the Animal and not under the control of any Person by keeping it enclosed in a
pen or other enclosure in such a manner as to prevent the Dog from leaving the
Property and to prevent contact with people and other Animals.
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CAT — shall mean a feline of any breed of domesticated carnivore of the species falls
familtaris that Is over 12 weeks since birth.
CLARINGTON—shall mean the geographic area of the Municipality of Clarington.
COUNCIL-shall mean the duly elected Council of the Municipality of Cladngton.
DOG-shall mean a domesticated carnivore of the species cants familiarls that is over
12 weeks of age.
ENCLOSED PROPERTY-shall mean a pen or other enclosure such that prevents the
Animal from leaving the properly and prevents contact with people and other Animals.
HOUSEHOLD -shall mean any house, mobile home, dwelling unit or legal apartment
unit, occupied as a single housekeeping unit for residential purposes and Includes any
outdoor space or accessory buildings associated with the Household.
LANDS ZONED AGRICULTURAL-shall mean those lands designated as Agricultural
(A)Zone and defined in the Municipality's Zoning By-law.
LEASH - shall mean a strap, cord or chain which is designed to restrain the breed of
Animal it is controlling.
MANAGER OF MUNICIPAL LAW ENFORCEMENT -shall mean the Person appointed
by Council to manage the duties and responsibilities of the Municipal Law Enforcement
Division within the Clerks Department,
MUNICIPAL CLERK-shag mean the Person within the Municipality s administration who
fulfils the function of municipal dark as required by the Municipal Act 2001,as amended,
or delegate.
MUNICIPAL PROPERTY-shag mean all property owned,leased or under the control of
the Municipality, and without limitation, this term shall include all parks, open. space,
opened or unopened road allowances,sidewalks,footpaths or bicycle bAs.
MUNICIPALITY-shall mean The Corporation of the Municipality of Claringon.
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MUZZLE-shall mean a humane device designed to fit over the maith of a Dog and well-
fitted enough to prevent the Dog from biting,without interfering with the breathing,panting
or vision of the Dog or the Dog's ability to drink.
MUZZLED DOG-shall mean a Dog wearing a Muzzle in the manner anticipated by the
manufacturer of the Muzzle.
ORDER TO RESTRAIN - shall mean the Order Issued by an Animal Services Officer in
accordance with the provisions of this By-law.
OWNER - shall mean a Person or their authorized agent who possesses, keeps or
harbours one or more Animals within Clarington,and where the Owner of the Animal Is a
minor, the Person responsible for the custody of the minor and "own", "owns" and
"owned"shall have corresponding meanings.
PERMANENT IDENTIFICATION - means an electronic microchip encoded with
Identification information which has been implanted in an Animal.
PERSON -Includes an Individual,a sole proprietorship,a partnership,an unincorporated
association, a trust, a body corporate and a natural person. "Persons' shall hays a
corresponding meaning.
PIT BULL— means a dog as identified in the Dog Owners'Llablilty Ad, R.S.O. 1990,
c.D.10.
REDEMPTION.PERIOD- is a period of fire (5)days exclusive of the impound day and
any day the Animal Shelter is dosed, during which time the pat shall be eligible to be
redeemed by the Owner.
RESTRAINED - Where "RESTRAINED' is used in connection with a Dog which is the
subject of an Order to Restrain at Its Ownees Household,it shall mean:
1. kept Indoors in a manner respectful of its environmental needs
which prevents the said Dog from having contact with Persons
who have not consented to contact or
2. kept In a pen or other enclosure respectful of Its environmental
needs which prevents the Dog which is the subject of an Order to
Restrain from:
1) leaving the Owrnees.Household,and
It) coming kilo contact with Persons and other Animals who
have not consented to contact.
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RESTRAINED - Where 'RESTRAINED' is used in connection with a Dog which Is the.
subject of an Order to Restrain at a place other than its Owners Household,it shall mean
the said Dog will be Muzzled, leashed with a Leash no longer than 1.8 metres(8 feet)in
length and under the care and control of a Person who is at least 18 years of age.
RESTRICTED PIT BULL-shall mean a Dog Identified as restricted pit bull under the Dog
Owners'Lisbiiify Act.,R.S.O. 1990,c.D.18,as amended.
SHELTER — shall mean to Claringon Animal Shatter and shelf include any yard or
enclosure maintained by the Municipality for the safe-keeping of Impounded Animals.
SPECIAL NEEDS DOG — shall mean the registered Dog whose purpose is to assist a
disabled Person with their dally activities.
TRANSFER-shelf mean the change of ownership of a Dog/Cat to the Municipality or to
another eligible Person.
i
UNALTERED-shall mean either a male or female Animal that has not been sterilized.
UNDER CONTROL-shall mean a Dog that is at all times,while the Dog is off its Owner's
property,on a Leash held by a Person over the age of 18 years or otherwise physically
Restrained in such a manner as to prevent the Dog from bttkhg or attacking a Person or
domestic Animal and to prevent contact with people and other Animals.
UNRESTRICTED Animal - shall mean the breeds of domesticated Dogs that are not a
Pit BUN.
ZONING BY-LAW- shall mean the Muniicipalitys By-law#8483, as amended, and as
may be further amended or replaced from time to time.
1.3 AN words and personal pronouns relating to words contained In this Bydaw
shall be read and construed with the appropriate number and gender of the Person or
Animal referred to in each case.
1.4 In the event any of the provisions of this By-aw are deemed invalid or void,
In whole or in part. by any court of competent jurisdiction, the remaining temp and
provisions shall remain to full farce and effect
1.5 Schedules&and S.attached to this By-law form an integral part of IL
Schedule A—Licence Fee Schedule
Schedule 8—Exceptions
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1.8 Reference to.legislation within this By-law shall be deemed to include such
legislation,as amended,including successor legislation.
1.7 Hereinafter the Dog Owners' LiabiNy Ad, R.S.O. 1990, c.D.16, as
amended,shall be referred to as"the Act".
SECTION 2•DOG LICENSING AND REGISTRATION
2.1 This section applies to all Doga
2.2 Every Owner of a Dog shall obtain an annual licence for such Dog by
registering the Dog with the Animal Services Division and paying the prescribed fees as
set out in Schedule A. The licence may be purchased from locations as deemed
appropriate by the Municipal Clerk.
2.3 No Person shall become an Owner of a Dog within Clarington without
having obtained a licence for the Dog and registering the Dog with the Municipality for the
current year and shall obtain a licence thereafter on an annual basis.
2.4 Every licence issued pursuant to section 2.1 shall expire on December 31 of
the calendar year for which it was issued.
2.5 To obtain a dog ricence under this By-law, the Owner of the Dog shay
provide to the Municipality such Information as the Municipal Clerk may require, including
but not limited to: Owner name, Owner address,Owner home and business telephone
number, Animal breed, Animal unique markings, Animal name, and Animal rabies
information.
r
2.6 Upon providing the required information and upon payment of the licorice
and registration fee,the Owner of a Dog shall be furnished with a tag for each Dog and
shall ensure that the said tag shall be kept securely affixed to the Dog at all times. The
tag shall consist of a metallic plate or such other material approved by the Municipal Clerk
and shall Indicate the licence number under which the Dog Is registered and the period for
which the licence was issued.
2.7 The licence shall bear a number corresponding to the number under which
the Dog is registered and a record shall be kept by the Animal Services Division showing
the name and address of the Owner,a description of the Dog, the number of the licence
and the date on which it was issued.
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Page T
2.6 No Owner shall affoc or permit to be affixed a tag issued by or on behalf of
the Municipality to any Dog other than the Dog for which the licence was issued.
2.9 The Municipal Clerk,at his/her discretion,may refuse to issue a Dog licence
to any Person.
2.10 Notwithstanding Section 2.5, above, a lifetime tag will not indicate the
licensing period.
SECTION 3-CAT LICENSING AND REGISTRATION
3.1 Every Owner of a Cat shall obtain an annual licence for such Cat by
registering the Cat with the Animal Services Division and paying the prescribed fees as
set out in Schedule A. The licence may be purchased from Iocaborre as deemed
appropriate by the Municipal Clerk,or designate.
32 No Person shall become an Owner of a Cat within Clarington without having
obtained a licence for the Cat and registering the Cat with the Municipality for the anent
year and shall obtain a licence thereafter on an annual basis.
3.3 Every licence issued pursuant to section 3.1 shall expire on December 31 of
the calendar year for which It was issued.
3A To,obtain a Cat licence under this By-law,the Owner of a Cat shall provide
to the Municipality such information as the Municipal Clerk may require including but not
limned to: Owner name, Owner address, Owner home and business telephone number,
Animal breed,Animal unique markings,Animal name,and Animal rabies information.
3.5 Upon providing the required information and upon payment of the licence
and registration fee,the Owner of a Cat shall be furnished with a tag for each Cat and the
said tag shag be kept securely affixed to the Cat at all times. The tag shall consist of e
metallic plate or such other material approved by the.Municipal Clerk and shag indicate
the licence number under which the cat Is registered and the period for which the licence
was issued.
3.6 The licence shag bear a number corresponding to the number under which
the Cat Is registered and a record shag be kept by the Animal Services Division showing
the name and address of the Owner,a description of the cK the number of the licence
and the date on which it was issued.
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3.7 No Owner shall affix or permit to be affixed a tag issued by or on behalf of
the Municipality for any Cat other than the Cat for which the Ikence was issued.
3.8 The Municipal Clerk may, at hislher discretion,refuse to Issue a Cat licence
to any Person.
SECTION 4—ANIMALS AT LARGE
4.1 This subsection applies to all Animals as governed by this By-law,with the
exception of Restricted Pk Buts.
4.1.1 No Person shall permit or allow an Animal to be At Large within the
limits of the Municipally.
4.12 No Owner of an Animal shall permit such Animal, whether Leashed
or unleashed, to enter private property without the consent of the Owner or
occupant.
4.1.3 Every Owner of a Dog or Person having control of a Dog shah
control such Dog on a Leash when this Dog is away from its Household.
41.4 Notwithstanding the generality of 4.1.1,white in any park no person
shall:
(a) allow any Animal to be At Large,except in a designated area;and
(b) permit any animal to enter any beach, pond, swimming area, farm area,
garden,landscaped area,playground or sports field.
42 This subsection applies only to Restricted Pit Bute.
42.1 No Person shall permit or allow a Restricted Pit Bull to be At Large
within the limb of the Municipality.
4.22 Every Owner of e a Restricted Pit Bull shall ensure that the
Restricted Pit Bull is equipped with a Muzzle and secured by a Leash when the
Restricted Pit Bull is not within Enclosed Property occupied by the Owner of the
Restricted Pk Bull or not within Enclosed Properly occupied by a Person who
consents to the Restricted Pit Bull being off Leash or off Muzzle.
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42.3 Where a Restricted Pit Bull is required to be Muzzled and secured by
a Leash, every Owner of a Restricted Pit Bull she# ensure that the Muzzle and
Leash comply with the following rules:
(a) the Restricted Pit Bull shall be fitted with a collar or harness that is property
fitted to and placed on the Restricted Pit Bull.
(b) the movement of the Restricted Pit Bull shall be controlled by a Person by
means of a Leash attached to the collar or harness on the Restricted Pit Bull.
(c) the Leash shall not be more than 1.8 metres in length and shall be attached
to the co#ar or hamess.
(d) the collar or harness,the Leash and the attachment between the Leash and
the collar or harness are all strong enough to prevent the Restricted Pit Bull from
breaking any of them.
(e) the mouth of the Restricted Pit Bull she# be covered by a Muzzle that Is
humane and that is strong enough and well-fitted enough to prevent the Restricted
Pit Bull from biting, without interrering with the breathing, panting or vision of the
dog.
SECTION 5—"AGGRESSIVE BEHAVIOUR"
5.1 The Animal Services Officer shall investigate any Incident of aggressive
behaviour which has been reported to the Durham Region Heafih Department, Durham
Regional Poke Services,or to the Animal Services Division.
52 Order to Restrain-This section applies to all Animals as governed by this
By-law with the exception of Restricted Pit Bulls.
52.1 Where an An" Services Officer has investigated and is satisfied
that a Dog has placed a Person or domestic Animal at risk of physical harm,the
Animal Services Officer shall issue an Order to Restrain to the Owner of the Dog,
522 Where an Animal Services Officer has investigated and Is satisfied
that a Dog has bitten or attacked a Person or domestic Animal, the Animal
Services Officer shall issue an Order to Restrain to the Owner of the Dog.
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5.2.3 Where an Order to Restrain has been issued under this By-law,the
Dog Owner will be served with a copy of the written Order to Restrain in the form
determined by the Municipal Clerk. Service shall be effected by delivering the
Order to Restrain personalty to the Owner of the Dog or by leaving it for the Owner
at the Owner's last known or usual place of abode with an inhabitant thereof who
appears to be at least 16 years of age or by registered mail to the Owners last
known address. Service is deemed to be effected five(5)days after mailing.
5.2A Nothing contained in this By-law shall derogate from the authority of
a peace officer or an Animal Services Officer under the Ad.
52.5 Where an Order to Restrain.has been issued under this By-law,the
Dog Owner may apply to the Municipality for a hearing as to whether or not the
Order to Restrain, in whole or in part, should be revoked or amended. An
application for a hearing by the Manager of Municipal Law Enforcement shall be
filed, in writing, by the Dog Owner or the Dog Owners agent, with the Municipal
Clerk of the Municipality at 40 Temperance Street, Bowmanvlle, Ontario, within
ten (10)business days (excluding Saturdays, Sundays and Statutory Holidays)of
the date the Order to Restrain Is served upon the Owner. As soon as practicable
after receipt of the appeal, the Municipal Clerk of the Municipality shall notify the
Dog Owner and any other Persons having an interest in the incident leading to the
issuance of the Order to Restrain,of the date,time and location of the hearing.
if an Owner fails to appear at such hearing,the Order to Restrain shall be deemed
to be in full force and effect as if no appeal had been fled.
It shall be understood that between the date of service of the Order and the date of
the Hearing, the Owner shall comply with the Order to Restrain by leashing and
muzzling the dog.
5.2.6 An Order to Restrain shall include the following requirements:
(a) licence and register the Dog with the Municipality within seven (7) days
and have the Dog permanently identified by microchip implantation, at the
Owners expense,within twenty-one(21)days of receipt of the Order to Restrain.
The Owner shall provide proof of such registration and implantation to the
Animal Services Division within thirty (30) days of receipt. of the Order to
Restrain;
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(b) Notify the Municipal Clerk, or designate, immediately upon relocating The
Dog or upon a Transfer of ownership of the Dog:
(c) Restrain the Dog at all times,while the Dog is on the Owners own property,
by keeping it enclosed in a pan or other enclosure in such a manner as to prevent
the Dog from leaving the Owners property and to prevent contact with people and
other Animals:and
(d) Restrain the Dog at all times,while the Dog is off the Owners own property,
with the use of a Muzzle and a Leash no longer that 6 feet and under the care and
control of Person who is sixteen(16)years of age or older.
52.7 Where an Order to Restrain has been issued under this By-law, all
requirements must be complied with effective immediately upon service, with the
following exceptions:
(a) The Dog Owner shag have the Dog, which is the subject of the Order to
Restrain,licensed and registered,at the Owners expense,within seven(7)days of
the service of the Order to Restrain.
(b) Where an Order to Restrain has been Issued under this By-law, and no
appeal has been fled,the Dog Owner shall have the Dog,which Is the subject of
an Order to Restrain, permanently identified by microchip Implantation, at the
Owners expense. within twenty-one (21) days of the service of the Order to
Restrain.
(c) Where an Order to Restrain has been issued under this By-law, and the
Owner files an appeal in accordance with section 5.2.5 of this By-law, the Dog
Owner shall have the Dog. which Is the subject of an Order to Restrain In
compliance with the temre of the Order to Restrain as may be amended by the
Chair of the Hearing,within seven(7)days of the date the hearing is held.
52.8 A Dog Owner who is required to licence, register and identify by
microchip implantation a Dog which Is the subject of an Order to Restrain issued
under this By-law shall provide proof thereof to the Shelter within thirty(30)days of
service of the Order to Restrain when no appeal has been fled and within fifteen
(15)days of the date of the hearing,when an appeal has been filed.
1116
Pap 12
52.9 Every Owner of a Dog that is subject to an Order to Restrain issued
under this By-law, upon relocation of his or her residence, or that of the said Dog,
or upon ceasing to own the said Dog, shall be required to immediately notify the
Shelter of the change of address, or the name and address of the new Owner or
the new location of the said Dog,as the case may be.
52.10 Every Owner of a Dog that is the subject of an Order to Restrain
issued under this By-law,who fails to comply with that Order to Restrain is guilty of
an offence.
5.3 'PROCEEDING UNDER THE ACT- Provisions of this section in no way
derogate from or limit the applicability of the Act as it relates to at Dogs.
5.3.1 Where an Animal Services Officer has conducted an Investigation
and is satisfied that an incident Involving a Pit Bull (Restricted or otherwise),
constitutes a violation under the Dog Owners'LiabiNy Act., RSA. 1990, c.D.16,
as amended, the Animal Services Officer shall commence a proceeding against
the Owners) of the Pit But.In accordance with the Dog Owners'LiabJUty Act.,
R.S.O. 1990,c.D.16,as amended.
SECTION 6—RESTRICTION ON NUMBER OF PETS ALLOWED
6.1 Cats
6.1.1 A Person shah be allowed to own or keep up to five(5)cats if all cats have
been Altered, permanently identified with a microchip implantation and are kept in
an Enclosed Property.
6.1.2 No Person shat own or keep more than three(3)Unaltered cats.
6.1.3 Notwithstanding the limits set forth in Sections 6.1.1 and 6.1.2,two are no
restrictions on the number of Cats permitted on Lands Zoned Agricultural.
62 Dogs
62.1 No Person shall own or keep more than three(3)Dogs.
62.2 Notwithstanding the limit set forth in section 62.1, there are no restrictions
on the number of Dogs permitted on Lands Zoned Agricultural.
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Page 13
6.3 Restricted Pit Bub "
6.3.1 No Person shall own a Pit Bull unless it is Restricted Pit Bull and they
are eligible under the Act.
6.32 No Person shall breed a Restricted Pit Bull.
6.3.3 No Person shah Transfer a Restricted Pit Bull unless the Transfer is
effected in accordance with the Act
SECTION 7-IMPOUNDMENT.
7.1 This section applies to all Animals as governed by this By-law.
72 Every officer of the Durham Regional Police Services and every Animal
Services Officer shall have the power to seize and destroy, whether before or after
impounding,any Dog If:
I
(a) The Dog has on one or more occasion demonstrated aggressive behaviour.
(b) An Owner of the Dog has on one or more occasion felled to exercise reasonable
precautions to prevent the Dog from demonstrating aggressive behaviour.
(c) The Animal is a Restricted Pit Bull and an Owner of the Restricted Pit Bull has on
one or more occasions failed to comply with one or more of the requirements of the By.
law or the Act
(dr- There is reason to believe that the Restricted Pit Bull "may cause harm to a
Person or domestic Animal.
7.3 Every officer of the Durham Regional Police Services and every Animal
Services Officer shall have the power m seize and impound any Animal found At Large
within the limits of the Municipality contrary to the provisions of this By-law.
7.4 When an Animal has been found At Large contrary to the provisions of
this By-law,has been seized by an Animal Services Officer and taken to the Ciarington
Animal Shelter, such Animal shah be impounded and held for the duration of the
Redemption Period.
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7.6 If any Animal so seized and impounded is not claimed on or before the
last day of the Redemption Period, the Animal Services Officer may, at that Officers
discretion and subject to the Animals for Research Act, R.S.O. '1990, Chap. A.22,
destroy or sell the Animal. Nothing in this By-law shall prevent an Animal Services
Officer from destroying an Animal which is suffering illness or injury and,in the Offk>ers
opinion,will not humanely sustain life.
7.6 The Animal Services Division shall keep a record of all Animals seized
and impounded pursuant to this By-law:
7.7 Any Owner daiming an Animal which has been seized and impounded
shall pay to the Animal Services.Division of the Municipality the administration fees as
set out in Schedule A of this By-law.
7.8, No Person, resident in Clarington,shall regain possession of a Dog or Cat
from the,Clarington Animal Shelter without first obtaining a licence.for the Dog or Cat
for the current year and shall pay any related administration fees incurred,including but
not limited to: licence fee, impound fees and any necessary health care costs while the
animal was under the care of the Shelter. In the event the Person has already
registered and licensed the Dog or Cat for the current year, or is a resident of another
municipality, the Person shall provide sufficient proof thereof by producing the tag or
licence to the Animal Services Officer or proof of residency outside of Clarington,and
shall be exempt from paying the licence fee.
7.9 No Person, resident in the Province of Ontario, shall regain possession of
a Restricted Pit Bull from the Shelter without first providing proof that the Restricted Pit
Bull complies with all requirements under the Ad. Where proof cannot be provided,the
necessary steps shall be taken by the Animal Services Officer to ensure that the
requirements of this By-law and the Act are met. The Owner of the Restricted Pit Bull
shall pay any related administration fees Incurred, including but not limited to: licence,
impound fees, and any necessary health care costs while the Animal was under the
care of the Animal Shelter.
SECTION 8—SURRENDER l DISPOSITION
8.1 This section applies to all Animals as governed by this By-law.
8.2 The Animal Services Officer shall accept the Transfer of ownership of a
Dog or Cat from an Owner to the Municipality upon:
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Page 15
(a) receipt of a written request from the Owner accompanied by payment of the
appropriate fee prescribed In Schedule A of this By-law;
(b) determination by the Animal Services Officer that the Animal can reasonably be
expected to be placed in a new home;
(c) receipt of any other information the Animal Services Officer requests;and
(d) space being available within the Sheltm
8.3 Any Animals destroyed under this By-law shall be disposed of in such a
manner as may be determined from time to time.
SECTION 9-ADOPTION{
9.1 This section applies to all Animals as governed by this By-law.
9.2 A Person may adopt an Animal from the Animal Services Division, upon
demonstrating to the satisfaction of the Animal Services Officer that the Person is
capable of providing proper care to the Animal and otherwise meets the requirements
of this By-law.
9.3 A Person adopting an Animal from the Animal Services Division shall pay
the appropriate adoption fee as set out In Schedule A.
9.4 If the Animal to be adopted is a Dog or a Cal, the Person adopting the
Animal shall obtain a licence at the time of adoption,as per Section 2 of this By-aw.
9.5 The Shelter shall take all necessary steps to ensure that all Restricted Pit
Bugs comply with the requirements under the Act prior to adopting the Restricted Pit
Bull.
SECTION 10—STOOP AND SCOOP
10.1 Every Owner of an Animal shall immediately remove and dispose of, in a
hygienic manner,all excrement left by the Animal on any property,other than the Animal
Owners or agents properly,within Clarington.
102 Section 10.1 does not apply to a handier of a Special Needs Dog, where
the handler is unable to remove the excrement left by such Special Needs flog due to a
physical disabOky or impediment,
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Page 16
10.3 Section 10.1 does not apply to a blind or visually impaired handler of a
Special Needs Dog if the faeces were left while the Special Needs Dog was off the
premises of the handler and during the course of fulfilling its dudes.
10.4 Every Owner of a Dog shall remove from his or her premises, in a timely
manner, excrement left by such dog, so as not to disturb the enjoyment, comfort
convenience of any Person in the vicinity of the premises.
SECTION 11 -ENFORCEMENT AND PENALTIES
11.1 The Council shall appoint one or more Animal Services Officers who shall
investigate Animal-related complaints and enforce the provisions of this By4sw.
11.2 Animal Services Officers shall provide all services as required by this
By-law.
11.3 Every Person who contravenes any provision of this By-law unless
otherwise stated Is guilty of an offence.
11.4 Every Person or corporation found guilty of an offence under this By-law,
is liable to a penalty or'fine as provided for in the Provincial Offences Act, which
maximum penalty stall not restrict the penalty or fine provided for offences prosecuted
pursuant to the Dog Owners Liability AcL
SECTION 12-EXEMPTIONS
12.1 "REGISTERED SPECIAL NEEDS DOG(sr: Every Person who owns a
registered` special needs dog, shall license such Dog pursuant to the licensing
requirements of this by-law,as applicable. Upon presentation of the applicable certificate
from the registering agency, the dog's Owner will be exempted from payment of the
required license fee.
1121
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Page 17
122 -VISITING ANIMAL(S)
12.2.1 NOT PIT BULLS Where the Owner of the Animal is a non-resident of
Clarington, and his or her Animal will riot be kept within Clarington for
a time period longer than thirty(30)days in any one(1)calendar year,
He Owner shall not be required to comply with the licensing
requirements of this By-law N the Owner can provide proof of current
registration from the Animars governing authority for the Owners
Household.
122.2 RESTRICTED PIT BULLS: Where the Owner of a Restricted Pit Bug
Is a non-resident of Clarington, and his or her Restricted Pit Bug will
not be kept within Clarington for a consecutive time period longer than
thirty (30) days in any one (1) calendar year, Its Owner shag not be
required to comply with the licensing requirements of this By4ew If the
Owner can provide proof of current registration from the Restricted Pit
Bull's governing authority for the Owners Household and proof that
the Restricted Pk Bull Is compliant with the requirements under the
Act
122.3 PIT BULLS: Pt Bulls are prohibited from entering Clarington, unless
the Pk Bull is a Restricted Pk BUN.
12.3 'VETERINARIAN(sr: A licensed Veterinarian shag not be considered an
Owner of an Animal for the purpose of this section where the Animal has been brought
upon his or her premises for care or treatment
12A 'DOG SHOWS'. AN restricted Animals brought into the Municipality for the .
Purpose of a'dog shove as defined in O. Reg. 157/05, must comply with all requirements
of the Act.
SECTION 13-MINIMUM ANIMAL CARE REQUIREMENTS
13.1 This section applies to all Animals as governed by this Bylaw.
132 Every Person who owns an Animal within the Municipality shall provide the
Animal or cause it to be provided with suitable food, potable water and veterinary care as
required to maintain the health and welWefng of the Animal.
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13.3 Where an Animal is customarily kept out-of-doors, the Owner shall at all
times provide for the use of the Animal a structurally sound, weatherproof, insulated
enclosure with off-the-ground flooring.
13.4 Whenever an Animal is tethered on the Owners premises, the tether shall
allow for the sufficient exercise for the Animal.
13.5 Every Person who owns an Unaltered female Animal shall, during each
period that the Animal is in heat, keep it confined in a manner that will not attract other
Animals.
13.6 Every Person who maltreats or neglects or is found to be cruel to any
Animal and every Person who contravenes any of the provisions of Section 13 of this By-
law may be reported, by the Officer,to a chapter of the Ontario Humane Society or the
Ontario Society for the Prevention of Cruelly to Animals or other society associated
therewith.
SECTION 14•MISCELLANEOUS
14.1 Notwithstanding any other provision of this By-law it shall not apply In
respect of Animals owned by any Person which are kept on any premises listed In
Schedule B. Notwithstanding the above,the premises listed in Schedule B must comply
with the rules of this By-law as they relate to restricted Animals.
14.2 By-laws 99-90, 2000-154, 2001-170, and 2002-136, 2004-193 (collectively
the Preceding By-law')are hereby repealed.
14.3 Schedule B of By-law 93-161 is hereby amended to add the following
immediately following the Reference to Domestic Dogs:
'(with the exception of those breeds of dogs as restricted under the Dog Owners
Liability Act R.S.O. 1990, c.D.16, as amended, which shag only be permitted as
per the rules set out In the AcL).
14A All fees payable under this By-law shall be made in cash, by credit card or
debt
14.5 None of the provisions in this By-law are intended to or shall be deemed to
derogate from the provisions of By-law 93-161,as amended.
1123
Page 18
14.6 This By-law shall come into effect on the date of passing with the exception
of Schedule A
14.7 The fees set for in Schedule A of this by-law shall come into effect
January 1, 2007, and shall apply to any licences sold before January 1, 2007 for the
licensing period beginning January 1,2007.
14.8 All licences issued on the Preceding By-law shat remain in force and effect.
By-law read a first and second time.this day of .2006.
By-law read a third time and.finally.passed tht day of 2008.
MAYOR
MUNICIPAL CLERK
1124
SCHEDULE A
TO MUNICIPALITY OF CLARINGTON BY-LAW 777
EFFECTIVE-JANUARY 1,2007
Adoption Fees
Details Fce
S $85.00
Cats $120.00
(All cats are Altered prior to adoption unless Cat is too young
or too small at time adoption,in which case the Owner Is
offered a rebate upon proof of altering cat
Licence Fees
Details. Fee
1. Do -microchipped&spayed or neutered $10.00
2. D -spayed or neutered or microchipped $20.00
3. D -Unaltered $35.00
4. D -lifetime must be altered& microchi $40.00
5. Cat-microchipped&spayed or neutered $10.00
8. Cat-spayed or neutered or microchipped $20.00
7. Cat-Unaltered $25.00
8. Cat-lifetim
e must be alteredµchi $40.00
NOTE: There is a 10%discount for licences purchased before January 1 of the
licensing r.
Impoundment Administration Fese
Details I Fes
Impoundment of dog/cat wearing current licence or who is microchipped
1. First occurrence - Fri
(if returned/picked up within 24 hours)
Otherwise $50.00
2. Second or subse cent occurrence $75.00
3. Daily care fee $15.00/day
(every Dog impounded is subject to an additional charge
for every day or part of a day after the day the Animal Is
brought into im undment
Impoundment of dog/cat NOT wearing current licence or NOT microchipped
1. First occurrence $50.00
2. Second or subsequent occurrence $75.00
3. Daily care fee $15.00/day
(Every Dog impounded is subject to an additional charge
for every day or part of a day after the day the Animal Is
brou M into im undment.
4. In addition to the fees detailed above,every Owner of a Varies,in accordance
Dog not licensed for the current year who is a resident of with Clarington's
the Municipality is also required to pay the licence fees in licensing fees
addition to the impoundment fees
1125
Page 2
Transfer Fe"
Details Fes
'The Animal Services Division can only accept surrendered Animals If they can
reasonably be expected to be placed In a new home. Animals will not be accepted for
euthanasia. Pets are screened carefully to avoid placing problem Animals in new
homes
1. Transfer of ownership of a Dog or litter,brought into the $55.00
Animal Shelter
2. Transfer of ownership of a dog, picked up by the Animal $65.00
Services Officers,during normal working hours(excluding
Sunday and Holidays)
3. Transfer of ownership of a dog,picked up by the Animal $90.00
Services Officer,outside regular business hours.
Trap Rental Fess.
Detalls Fee
1. De sit—fuliv refundable on return of trap $45.00
L Dail rental $5.00/de
I
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1126 .
SCHEDULES
TO MUNICIPALITY OF CLARINGTON BY-LAW???
EXCEPTIONS
a) on the premises of the Bowmanville Zoo,the Orono Cat World, and any other
facility accredited by the Canadian Association of Zoological Parks and
Aquaria(CAZAr
b) on the premises of the Ontario Society for the Prevention of Cruelty to
Animals(O.S.P.C.A.);
c) in a veterinary hospital under the care of a licensed veterinarian;
d) on the premises of any television or film studio where such Animals are being
kept temporarily for the purpose of a television or film production;
e) on the premises of the Corporation of the Municipality of Clarington;
f) on the premises of Pet Shops;
g) on the premises or under the authority or control of a law enforcement
ages,
1127
CW oz2-oco
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006
Being a By-law to license,regulate and govem kennels
in the Municipality of ClaringtDn
WHEREAS section 150 of the Municipal Ad, S.O. 2001 authorizes Council to
license and regulate a variety of businesses and events.The authority includes:
the power to issue licences on condition,revoke licences,suspend licences,to
regulate or govem the place used in carrying on of businesses,and many other
matters:and
WHEREAS the Council of the Corporation of the Municipality of Clarington
deems it necessary and desirable to license certain businesses carried on in the
Municipality of Clarington to promote the health and safety of residence, provide
nuisance control,and ensure consumer protection,
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.0 DEFINITIONS: For the purposes of this By-law:
ANIMAL-shall mean any member of the animal kingdom of living beings,
excluding humans.Without limitation,'ANIMAL'shall include mammals,,Dogs,
Cats,birds,and reptiles.
ANIMAL SOUND shall mean any sound emitted from an animal which,is
audible at a point of reception.This term includes:barking,whimpering,whining,
howling,and yelping.
ANIMAL SERVICES OFFICER-shall include any Person employed by the
Municipality of Clarington to enforce the provisions of this By-aw.
APPLICANT-shall include a person seeking a licence,or renewal of a licence or
a person whose licence is being considered for revocation or suspension.
BOARDING-shall mean the taking in of domestic animals for a period of time
fw financial gain.
BOARDING FACILITY-shall mean a facility that takes In domestic animals for a
period of time for financial gain.
BREEDING-shall mean the generating of offspring resulting in a strain of
related dogs similar in type and use.
BUSINESS-shall include a trade that requires a licence pursuant to this By-law,
whether or not a licence has been issued or maintained for that business.
BY-LAW-shall mean this By-law as it may be amended from time to time.The
Recitals to and the schedules attached to this By-law are considered integral
parts of IL
CHIEF BUILDING OFFICIAL-shall mean the person within the Municipality's
administration who fulfills the function of chief building official as required by the
Ontario Building Code Act 199$or his or her delegate.
1128
COUNCIL-shall mean the elected municipal council for the Municipality of
Clarington.
DOG-shall mean a domesticated carnivore of the species canis farmiarls that is
over 12 weeks of age.
KENNEL-shall mean any building,structure,dog run or other facility or pert
thereof,where:
a) dogs are kept for breeding or show purposes:or
b) dogs are kept solely for the purpose of routinely entering into dog
sled or other similar races;or '
c) hunting dogs are kept for hunting purposes.
(1) COMMERCIAL BOARDING kennel or COMMERCIAL BREEDING
kennel-shall mean any kennel used for the keeping of eight(8)or more dogs
but does rat include a veterinarian clinic.
(11) PRIVATE KENNEL-shall mean any kennel used for the keeping,
breeding or training of more than three (3)but less that eight(8)dogs for the
personal,recreational use of the owner of lands upon which such Kennel Is
located,but does not include a veterinarian dinic.
In addition to the maximum number of dogs set out above,a maximum of two(2)
litters of pups,per bitch,up to sixteen(16)weeks of age may be permitted in any
licensing year.
LICENCE-means a licence to operate a trade issued pursuant to this
By-lew.
LICENSING OFFICER-shall mean a Municipal Law Enforcement Officer
appointed by Council for the purpose of processing and issuing licences under
this By-law and enforcing the provisions of this By-law.
MUNICIPAL CLERK-shall mean the person within the Munkapalwa
administration who fulfills the function of municipal dark as required by the
Municipal Act,2W I or his or her delegate.
MUNICIPALITY-shall mean the Corporation of the Municipality of Cladngton.
MUNICIPAL LAW ENFORCEMENT OFFICER-shall mean a person or persons
appointed by Council for the purpose of animal control or appointed as a
Municipal Law Enforcement Officer.
OPERATOR-shall mean a person with care and control of a business at any
given point in time,with authorization of the owner of the business.The terms
.operate','operation",and words of like import or intent he"corresponding
meaning.
OWNER-shall mean the person who owns,possesses or harbours a dog and,
where the owner is a minor,the person responsible for the custody of the dog.
POINT OF RECEPTION-shall mean any geographic location at which a sound
can be heard,excluding the premises from which the sound originates.
PROPERTY OWNER-shall mean the person who is the registered owner of the
property on which the kennel or boarding facility is located.
PUREBRED-shall mean a dog whose sire and dam represent the same breed
and are themselves of unmixed descent.
-2- 1129
TRADE-shall mean and include business,calling or occupation and'carrying on
a trade'includes any act of:
i
a) selling any goods or services;or
b) soliciting business or offering or exposing goods or services for sale or
hire.
2.0 LICENSING
2.1 No person shall own,operate,manage,control,supervise or have any
kennel,or boarding facility without a licence issued by the Municipality.
2.2 Only the Property Owner may apply for and be issued a licence. A licence
issued to the Property Owner is not transferable to any new Property
Owner.
2.3 Every Property Owner who applies for a licence shall do so in writing on
the form provided by the Municipality.
2.4 Private and Commercial Breeding Kennel applicants shall supply the
following:
2.4.1 In the case of a Kennel for Purebred Dogs,proof of active membership
In the Canadian Kennel Club or any other association Incorporated
under the Animal Pedigree(Canada);or
2.42 In the case of a Kennel for sled Dogs,proof of active participation or
registration in dog sled or similar races within the previous or
Impending twelve(12)months as may be deemed acceptable by the
Licensing Olficwr;or
24.3 In the case of a Kennel for hunting Dogs,
(a) proof of active membership in the Canadian Kennel Club for
registered hunting Dogs;or
(b) proof of active membership in an association for the purpose
of hunting Dogs training or trailing;or
(c) a hunting Dog Licence for each Dog issued by the Ministry of
Natural Resources within the previous 12 months:or
(d) such other proof of hunting activities in the previous or
impending 12 month period as may be deemed acceptable
by the Licensing Officer.
2.4.4 In all cases written clearance from the Municipality of Clarington
assuring compliance with the Zoning By-law,with any associated costs
borne by the applicant;and
2.4.5 In all cases a site location drawing,drawn to scale showing the
location of all buildings or structures on the subject property,including
the location of all buildings or structures to be used for Kennel
purposes.The site location drawing must also specify the distance -
which separates the Kennel from all property lines and all buildings,
Including any residential buildings situated on the adjacent properties;
and
2.4.6 In all cases,a list of all Dogs to be kept at the subject property.
including both Purebreds and non-Purebreds,and verification of
current rabies vaccination for each Dog;and
2.4.7 In all cases,the Private Kennel Licence Fee or Commercial Breeding
Kennel Licence Fee as set out in Schedule'A'of this By-law;and
-3- 1130
2.4.8 A swom declaration by the Owner or agent that he/she have never
been convicted under Section 446 of the Criminal Code of Canada
pertaining to animal cruelty or a similar offence in another country,and
for which the applicant has not received a pardon.
2.5 Every Owner applying for a Licence for a Commercial Boarding Kennel
shall submit the following documentation:
2.5.1 Written clearance from the Municipality of Clarington assuring
compliance with the Zoning By-law,with any associated costs bome by
the applicant;and
2.5.2 A site location drawing,drawn to scale showing the location of all
buildings or structures on the subject property, including the location of
all buildings, structures,dog runs or facilities to be used for a Boarding
Facility.The site location drawing must also specify the distance which
separates the Facility from all property lines and all buildings, including
residential buildings situated on the adjacent properties;and
2.5.3 Commercial Boarding Kennel Licence Fee as set out in Schedule W
of this By-law;and
2.5.4 A sworn declaration by the Owner that they have never been convicted
under Section 446 of the Criminal Code of Canada pertaining to animal
cruelty or a similar offence in another country,and for which the
applicant has not received a pardon.
2.6 Refusal of Licence
2.6.1 The Licensing Officer shall refuse any Licence application which does
not meet with all of the requirements of this By-law.
2.6.2 In the event that a Licence is refused,the Licensing Officer shall give
Notice in writing to the Property Owner by registered mall or personal
delivery.
2.6.3 The Property Owner may apply to the Licensing Officer in writing within
twenty(20)days from the date of notice for a hearing before Council.
2.6.4 Upon receipt of a request for a hearing,the Licensing Officer shah
arrange for such hearing at a Council Meeting and a notice of the date,
time,and location of the hearing shall be given to the Property Owner
in writing by registered mail or personal delivery not less that seven
days prior to the hearing.
2.6.5 Council shall review the application for Licence together with the
Licensing Officer's reasons for refusal and/or recommendations for
conditions to be placed on any Licence and shall hear the Property
Owner's or agents verbal or written submissions as to how the
application fulfills the requirements of this By-law.
2.6.6 Council,upon reviewing and hearing these submissions shall confer on
the matter and shall render its decision and reasons therefore. In
accordance with Section 239 of the Municipal Ad,Council may confer
in Closed Session on the matter but shall render its decision and
reasons therefore In Open Session.
2.6.7 Council may,in rendering its decision,place special conditions on the
Licence for a specified time period.
-4- 1131
2.6.8 The Licensing Officer shall give.written Notice of Council's decision to
the Owner in writing,by registered mail or personal delivery,within ten
(10)days of the decision.
2.6.9 Council's decision shall be final and not subject to further review.
2.7 Licensing oerbd
2.7.1 Licences are valid from the date of issue and expire on March 31'i of
each year.
2.72 Notwithstanding Section 2.7.1 above,the Licensing Officer shall
suspend or revoke any Licence issued under the authority of this By-
law where the Licensing Officer deems it desirable and necessary.
2.7.3 The provisions of Section 2.6;with necessary modifications,apply to
the suspension or revocation of a License.
2.8 Exemption from Dog Tags and Three(3)Doc Limit
2.8.1 Upon the issuance of a Licence under this By-law,the Property
Owner shall be exempt from the purchase of licenses under the
prevailing Responsible Pet Owners By-law for the Dogs in a
Commercial Breeding Kennel or Dogs in a Private Kennel.
2.82 Notwithstanding 2.8.1,the Property Owner of a Commercial Boarding
Kennel shall not be exempt from the purchase of licenses,under the
prevailing Responsible Pet Owners By-law,for Dogs or the three(3)
Dog limit in respect to any Dogs owned by the Property Owner unless
the Property Owner holds a valid Private Kennel Licence for the
subject property.
2.8.3 Where the total number of Dogs owned and boarded on a particular
property does not exceed the number of Dogs permitted under the
prevailing Responsible Pet Owners By-law or the Dog Owners LiebUky
Act,a Kennel Licence is not required under this By-law.
2.8A No licence shall be required for the following operations:
a) an animal shelter operated by or on behalf of a public authority;
b) a veterinary hospital or clinic;
c) a publicly funded educational institute;or
d) any facility in which animals are placed for care pursuant to the
Pounds Act.
2.8.5 Where the Owner of a Private Kennel wishes to use dog tags supplied
by the Municipality to identify dogs housed at the Kennel,the Owner '
may receive such tags from the Municipality at no charge.
2.9 Licence Display
2.9.1 Each Kennel Licence,when issued,shall be posted in a conspicuous
place on the licensed premise.
-5- 1132
2.10 Inspections of Premises
2.10.1 The Municipal Clerk,or designate,may,at any reasonable time,
inspect the premises of the Owner or Operator of a Kennet and the
equipment,and other personal property used or kept for hire in the
carrying on of the Business. Where the Kennel operation is conducted
in part in a dwelling unit,the Officer may inspect that portion of the
dwelling unit used as the Kennel operation.
2.11 Kennel Regulations
2.11.1 Where the Kennel operation is located in part in a building or structure
that is separate form the principle dwelling,the Kennel Owner shall
ensure that the following standards are met
a) Dogs shall be housed in individual enclosures,except in the case
of puppies less than six(6)months of age with or without the
bitch, unless the pet owner expresses a specific wish for they
pets to be housed together and would not be deemed inhumane
to do so.
b) Each enclosure shall be large enough to permit any Dog enclosed
therein to move freely and in particular shall perrok each animal
confined therein to:
i) stand normally to its full height
ii) turn around easily
III) move about easily for the purpose of posture adjustments
Iv) lie down in a fully extended position
v) enable species-appropriate contact
A) provide bitches with nursing puppies an additional 10%
space per nursing puppy
vii) provide for the social and behavior needs of the Dog.
c) Floors shall be of smooth concrete finish or similar like material
and shall be adequately sloped to drains.
d) Walls shall be non-porous, watertight and easily cleaned and
sanitized. Inside surfaces shall be snhooth, durable and
impervious to facilitate cleaning.
e) Where floors are on grade,suitable bedding shall be provided In
the form of a raised wood,fibreglass or similar platform,large
enough for the Dog to lie on.
f) Roof coverings,fastened to sheathing or directly to the roof joists
shall be laid so as to prevent the entrance of rodents and vermin
into the facility,and covered with suitable materials in order to
eliminate leakage and exposure of the Dogs to adverse weather
conditions.
g) Ceilings and walls shall abut closely to prevent crevices which
can lead to rodent infestation.
h) Comers.of ceilings,walls and partitions shall be caulked and
painted so as to be completely washable.
1) Proper air circulation shall be ensured to prevent respiratory
disease and to avoid the spread of contaminants,viruses,
bacteria and molds.
6- 1133
J) The temperature for an indoor facility shall be maintained at a
minimum of 10°C with a maximum of 2rC. Temperatures shall
be suitable to the breed,coat length,age and condition of the
Dogs housed in the Kennel.
k) Outside exercise facilities shall be provided which shall be fenced
and maintained In such a manner as to keep the Dogs securely
enclosed. Outside exercise funs shall be large enough for Dogs
to break into a trot and provide protection. The exercise running
surface must be safe and not slippery,and free from debris that
could cause injury or damage to the Dog. Each Dog shall be
placed in such facilities at least twice in every 24-hour period for
not less than 30 minutes each period,or other reasonable
duration appropriate to the weather conditions. The outdoor
exercise facility shall be kept in a sanitary manner.
1) No Dog shall be placed in an outside exercise facility in inclement
weather.
2.11.2 Notwithstanding 2.11.1 where a Kennel forms part of the principle
dwelling unit on the property,and where enclosures are provided for
the Dogs,the standards described in Section 2.11.1 (a)through to(1),
inclusive,shall apply to those enclosures.
2.12 Every Kennel Operator shall maintain the Kennel in a dean and sanitary
condition at all times.In particular the Kennel Operator shall ensure that
all excrement,refuse and other objectionable material is removed from the
cages and Kennel area at least twice in every twenty-four(24)hour period
including weekends and from the premises once per week In an
acceptable manner.The Animals shall be removed from the cages and
Kennel area while the area is being cleaned.
2.13 Every Kennel Operator shall ensure that all Dogs are provided with an
adequate source of dean,fresh drinking water available to them at all
times,and adequate,nutritional and contaminant-free food capable of
maintaining the Dog in full health and vigor is provided..Food storage bkre
must be covered,vermin proof and property marked. Food dishes and
utensils shall be stored in a dean and protected area.
2.14 , The whelping area shall be separated from the individual and/or group
Kennel enclosures housing other Kennel Dogs,thereby providing the
whelping bitch privacy.
3.0 KENNEL MANAGEMENT
3.1 Every Kennel Operator shall provide adequate,regular supervision and
efficient knowledgeable health care controls to ensure no harm oomes
through the association with incompatible Dogs,sick Dogs or other
adversarial animals or vermin.
3.2 Every Operator of a Boarding Kennel shall maintain Kennel records for
each Dog boarded at the Kennel. The record shall include: the Dog's
name;tattoo or microchip number,the owners name,address and contact
number,and emergency contact number,a daily health record of the Dog
including any made or other heath issues;documentation respecting any
behaviour incidents. These records shall be maintained for a minimum of
six(6)months from the date of the stay at the Kennel.
-�� 1134
3.3 Every Operator of a Breeding Kennel shall maintain records including:
breed,sex,date of birth,the sire and dam,tattoo or microchip number,
colour and markings. Individual records shall be developed by the time
the litter is weaned and shall include medications,vaccinations,and
examinations for internal and external parasites and the results thereof.
3.4 Every Kennel Operator shall have a established rapport with a local
veterinary hospital to deal with emergencies that may arise from time to .
time.
3.5 Every Kennel Operator shall maintain written Dog care procedures and
such procedures shall be readily available to all Kennel personnel at all
times. These procedures shall include method of handling Kennel
sickness,injury or death,back-up transportation,and a list appropriate
phone numbers for the Clarington Animal Services,humane society,and
the veterinarian.
4.0 APPLICATION FOR EXCEPTION
4.1 A person whose Kennel or keeping of dogs conforms with the intent of this
By-law but does not comply with the requirements of the By-law may
make application,for an exception,to the Municipal Clerk,or designate.
Each application shall be considered on a case by case basis.
5.0 PENALTIES AND CONDITIONS
5.1 Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction shall be liable to a fine as set out in the
Provincial Offences Ad,R.S.O.
5.2 In the event any provisions of this By-law is deemed invalid or void, in
whole or part, by any court of competent jurisdiction,the remaining terms
and provisions shall remain in full force and effect
5.3 Kennel Licenses issued under the Preceding By-law shall remain In force
and until the expiry of the licence.
5.4 Kennel Owners/Operators operating under the Preceding By-law that do
not meet all the requirements this by-law shall be granted one year,from
date of passing of this by-law,to make all necessary changes necessary
to comply with this by-law.
5.5 This By-law shall come into full force and effect immediately upon its final
passing by Council.
Read a first time this day of .2006
Read a second time this day of 2008
Read.a third time and finally passed this day of .2006
Mayor
Municipal Clerk
-8 1135
Schedule A
Fee Schedule
Licence T First Time Renewal
Commercial Boardin Kennel 1 $200.00 1 $150.00
Commercial Breeding Kennel 1 $200.00 1 $150.00
Private Kennel $150.00 $100.00
Note: Where a Kennel Owner is operating more than one type of Kennel on the
same property, only one licence shall be issued which shall list the primary and
any subsidiary operations, and only one fee shall be required and that fee shall
be the fee for the primary operation.
I
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.g. 1136
•
Clam -TD REP0R7/MC'LD- 0M-OfO
Energizing Ontario
September 27, 2006
Re: Notice of Public Meeting
Proposed New Responsible Pet Owner By-law and New Kennel By-law
File#: COO.GE
Please be advised that the Council of the Corporation of the Municipality of Clarington will consider a
proposed new Responsible Pet Owner By-law and New Kennel By-law.
A copy of Report CLD-022-06 is enclosed for your information.
Public Meeting
The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity
to make.comments, identify issues and provide addition information relative to the proposed by-laws.
DATE: Monday, October 2, 2006
TIME: 9:30 am
PLACE: Council Chambers, 2nd Floor, Municipal Administrative Centre,
40 Temperance Street, Bowmanville, ON
Any person may attend the public meeting and/or make written or verbal representation either in
support of or in opposition to the proposal. The start time listed above reflects the time at which the
General Purpose and Administration Committee Meeting commences.
If you cannot attend the Public Meeting on this application you can made a deputation to Council at
their meeting on Monday, October 16, 2006 commencing at 7:00 pm. Should you wish to appear
before Council, you must register with the Clerks Department by Wednesday noon, October 11, 2006
to have your name appear in the Agenda
If you require any further information, please contact the Clerk's Department at 905-623-3379.
Y truly,
AA.M.CT.
Deputy Clerk
CORPORATION OF THE MUNICIPALITY OF CLARINGTO
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C SAO T (1347823-337
i
CI111 I1 REPORT
cea�;RB�>ae woy
CLERK'S DEPARTMENT
Public Meeting
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
i
i
Date: October 2, 2006
i
Report S: CLD-022-06 File P By-law#:
Subject: PROPOSED NEW RESPONSIBLE PET OWNER BY-LAW AND
KENNEL BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 THAT Report CLD-022-06 be received;
2 THAT if no major objections are expressed at the Public Meeting the draft Kennel by-
law be forwarded to Council for approval; and
3 THAT if no major objections are expressed at the Public Meeting the draft Responsible
Pet by-law be forwarded to Council for approval; and
4 THAT Animal Alliance of Canada, the Animal Advisory Committee, and all currently
licensed Kennel ownersloperators be advised of Council's decision and forwarded a
copy of the by-laws.
i`-'.r✓�-�,C-tea` (�.J�
Submitted by: Pa Efarr , A.M.C.T. Reviewed by: anklin Wu,
unicipal lerk Chief Administrative Officer
CAG'PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO L1C 3A6 T 905-623-3379 F 905-623.6508
1138
REPORT NO.: CLD-022-06 PAGE 2
BACKGROUND AND COMMENT
By-law 99-90, commonly referred to as the Responsible Pet Owner By-law, was enacted by
Council on June 28, 1999 for the purpose of promoting the humane treatment of animals and
responsible pet ownership. This by-law set forth rules respecting dog licensing and
registration, cat licensing and registration, animals running at large, vicious dogs, restrictions
on number of pets allowed, noise as it relates to animals, licensing and operation of kennels,
impoundment of animals, minimum animal care requirements, adoptions, and all applicable
service fees.
Since its enactment, By-law 99-90 has been amended to adjust the fees, to appoint the
Manager of Municipal Law Enforcement to conduct Hearings relating to Orders to Restrain,
and to repeal Section 5 "Vicious Dogs" and replace it with a new Section 5 "Order to Restrain'.
On March 7, 2005 Council received Report CLD-011-05, detailing the Public Safety Related to
Dogs Statute Law Amendment Act, 2005. (See Attachment 1 to this Report.) At that time, the
Bill, which amends the Dog Owners' Liability Act (DOLA) had not been proclaimed. However,
the Act came into effect on August 28, 2005. The amendments to DOLA primarily deal with
the following two issues: restrictions on pit bulls, and it expands the authority to commence
proceedings against an owner of a dog to include situations where the dog has behaved in a
manner that poses a menace to the safety of persons or domestic animals.
Given that our prevailing By-law 99-90, as amended, Is inconsistent with the requirements of
DOLA, as amended, staff conducted a thorough review of the by-law. Input on this matter was
provided by members of the Clarington Animal Advisory Committee, the Solicitor for the
Municipality, and the Animal Alliance of Canada. In addition to reviewing the by-law for
consistencies with DOLA, staff also capitalized on this opportunity and reviewed our other
policies and procedures. A telephone survey of various municipalities was conducted
respecting their animal services practices and service fees. The findings of this review
concluded that the services and the fees for these services offered by our Animal Shelter are
similar to the other comparable sized shelters in Ontario.
The Responsible Pet Owners by-law is a regulatory by-law primarily enforced by the Animal
Services Officers. The Kennel By-law will be a licensing by-law that will be primarily enforced
by the Municipal Law Enforcement Division with the exception of the requirements dealing with
care of animals and condition of pens which will be enforced primarily by the Animal Services
Officers.
Attachment 2 to this Report details the most significant proposed amendments to our existing
Responsible Pet Owners By-law. These proposed amendments include: the inclusion of
special requirements for pit bulls, the division of Kennel Licensing requirements from
Responsible Pet Ownership, the inclusion of at large requirements in parks, the adjustment of
the fee structure, and the provision for penalties under DOLA in addition to those under the
Provincial Offences Act.
1139
REPORT NO.: CLD-022-06 PAGE 3
Attachment 3 to this Report details the most significant proposed amendments to our existing
Kennel licensing and operation regulations. These proposed amendments include: classifying
and defining kennels into Commercial Boarding, Commercial Breeding and Hobby Kennels;
expanding on the licensing regulations to clarify kennel structure requirements, clarify licensing'
application requirements, and to authorize the right to inspect the kennels.
The licensing fees for Kennels has been amended to more appropriately reflect the
administrative costs associated with kennel licensing and enforcement (increase of$100 for
Commercial Boarding and Breeding and an increase of$60 for Hobby).
A copy of this Report and its attachments has been provided to all interested parties listed in
this Report
Recommendation
Due to the number of changes required, and to clearly differentiate between the regulatory
activities of the Responsible Pet Owners By-law and the Licensing activities of the Kennel
Licensing, It is recommended that the existing Responsible Pet Owners By-law#99-90 be
repealed and that the attached By-laws marked Attachment 3 and Attachment 4 be forwarded
to Council for approval.
Attachments:
Attachment 1 —Copy of Report CLD-011-05
Attachment 2— Summary of Proposed By-law Changes — Responsible Pet Ownership
Attachment 3— Summary of Proposed By-law Changes —Kennel Licensing
Attachment 4— Proposed new Responsible Pet Owners By-law
Attachment 5 - Proposed new Kennel By-law
1140
REPORT NO.: CLD-022-06 PAGE 4
Interested Parties to be advised of Council's decision:
Ms. Liz White
Animal Alliance of Canada
221 Broadview Avenue
Suite 101
Toronto, ON M4M 2G3
Animal Advisory Committee
Michael Clay- Country Lane Kennels .
Brian O'Connor
John Sheppard
Amidi Sarkis
Tim Tufts - Kendal Hill Game Farm and Kennel
Beverley Wiggans
Christine Nicholson
Catherine Bolahood
Wolfram Klose - Havelberg Dog Academy
Robert King
Don & Cynthia Prout
John Palmer
Kathy Asling
Catherine Ivany
Douglas and Karin Aird
Ad Rotman
Keith and Lance Crago
Peter Lauder
James Rossiter
Dale McGill—Tagamar
1141
AITAMW��i=a
ROM t IIIL�•
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 7, 2008
Report S. CLD-11-05 File By4aw V.
SubJect: Public Safety Related to Dogs Statute Law Amendment Act, 2005
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-11-05 be received for information.
Submitted b . P rie, A.M.C.T. Reviewed by: ranklin Wu,
unil al Clerk Chief Administrative Offlow
PLB•cag
CORPORATION OF THE MUNICIPAL17Y OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE ftylIO LiC 3A6 T 905-623-3379 F 905.623-6W*2
REPORT NO.:CLD-11.05 PAGE 2
BACKGROUND
On Monday, March 1, 2005 Bill 132, being An Act to amend the Dog Owners'LiabifityAct to
increase public safety in relation to dogs, including pit bulls, and to make related amendments
to the Animals for Research Act, received 3r1 Reading by the Legislative Assembly of Ontario.
The Short title of this Act is the Public Safety Related to Dogs Statute Law Amendment Ad,
2005.
Generally speaking, the Legislation speaks to the following:
• Expands authority to commence proceedings against an owner of a dog to
include situations where the dog has behaved in a manner that poses a menace
to the safety of persons or domestic animals; or against a person who
contravenes the Act, regulations made under the Act or a court order made
under the Act.
• Courts have been granted the authority to order that a dog be neutered or
spayed.
• Mandatory destroying of a pit bull where the court finds that the pit bull has bitten
or attacked a person or domestic animal or has behaved in a manner that poses
a menace to the safety of persons, or where the owner of the pit bull has
contravened the AcL
• Bans the owning, breeding importing,transferring, abandoning and training to
fight of a pit bull. Provides a grandfather clause for pit bulls owned at the time
the Act comes into force or born within 90 days of the Act coming into force (is.
restricted pit bulls).
• Provides for controls on pit bulls.
• Grants search and seizure authority to Municipal Law Enforcement Officers, and
others, in specked circumstances.
• Increases fines for individuals, on conviction, to a maximum of$10,000 or
Imprisonment for a term of not more than six months, or both. Sets fines,for
corporations, on conviction, to a maximum of$60,000.
• Provides for matters relating to proof as to whether a dog is a pit bull for the
purposes of prosecutions.
Recognizing that this Legislation will significantly impact our Animal Services protocol and
administrative procedures, it is Staffs intention to review the new requirements with the Animal
Advisory Committee and representatives of other shelters and report back to Council on this
matter.
At the time this report was written, the Lieutenant Governor had not yet proclaimed the Act into
force.
fiiV 1143
Attachment 2
Summary of By-law Changes
change Details
1. Regulations concerning kennel licensing end has been removed
from the Responsible Pet Owners By-law and has been included in its own
Kennel By-law.
Res onsible Pet Owners B -law
2. New definitions for. Clarington, Enclosed Property, Municipal Clerk, Muzzled
Dog, Order to Restrain, Restricted Pit Bull, Shelter, Special Needs Dog,
Unrestricted Animal, Zoning By-law.
Revised definition for. Leash, Muzzle, Owner, Redemption period, Running At
Large, Under Control
Deleted definition for Kennel, Residentially Zoned Lands.
3. Schedule B —Design and content of Order To Restrain shall be determined
through procedures rather than the by-law.
Schedule D= Locations for licence sales shall be at the discretion of the
Municipal Clerk.
Schedule E— Removed from this by-law.
4 Sections 2.5 and 3.4— New— authorizes the Municipality to collect information
for licensing database.
5. Lifetime tags will no longer have a year of issue stamped on them. The original
lifetime tag issued shall remain on the animal throughout the life of the animal.
Replacement tags will be available N necessary.
6. Section 4—Animals Running at Large —This section has been divided to
separate out the specific requirements for pit bulls to ensure that the
requirements set out in DOLA are expressly stated.
7. Section 4A47—_Addresses Animals in Parks - This was formerly in the Parks
B -law and was removed to be included in this by-law.
8. Section 5— Aggressive Behaviour—This section was formerly entitled "Order
to Restrain". With the new requirements of DOLA which speak to animals that
"behave in an aggressive manner....", this section was expanded to require staff
to address aggressive behaviours of pit bulls. Where a dog is a pit bull and
behaves in a manner as defined in DOLA, the matter shall automatically be
handled through DOLA.
9. Section 6— Restriction on Number of Pets Allowed—This section has been
expanded to reflect the restrictions on pit bull ownership.
. 10. Former Section 7—Noise—This section has been removed from this by-law.
Noise issues relating to animals shall be enforced through the Municipal Noise
By-law 89-184.
11. Former Section 8—Kennels—This section has been removed from this by-law
and a se arate by-law has been drafted for the licensing of Kennels.
12. Section 7— Impoundment—This section has been expanded to grant authority
to seize and destroy animals demonstrating aggressive behaviour or where the
owner of the restricted pit bull has not compiled with the by-law and/or DOLA.
Section 7 has also been expanded to specifically state what is re uired by an
1144
Attachment 2
Change Details
owner before regaining possession of a dog or cat from the Clarington Animal
Shelter Sections 7.8 and 7.9).
13. Section 8— Surrender/ Disposition - New—This section clearly defines
under what conditions an animal may be surrendered to the Shelter. The
disposition clause Section 8.3 remains unchanged.
14. Section 9— Adoptions New - Sets out the conditions for adoption.
15. Section 10 — Stoop and Scoop —This section expands on the requirements for
the owner to pick up after the animal. Provides exceptions for working dogs.
16. Section 11 —Enforcement and Penalties— In addition to penalties provided
for under the Provincial Offenses Act,penalties may also be provided for under
DOLA
17. Section 12 - Exemptions—This section has been expanded to address visiting
it bulls and dog shows.
18. Schedule A-Fees
Increases in fees are proposed to more accurately reflect the administrative
costs for administering the service and/or the producL
Licensing—The proposed licensing fee schedule is intended to simplify the
process. Where the existing fee structure sets a licensing fee.and then offers
rebates for microchipping, spaying and neutering, and rabies, the proposed fee
structure sets out four rates for and four rates for cats. This will make it
easier for pet owners to understand what the fees area As well, we anticipate it
simplifying the door-to-door sales process. The new fee structure has
maintained current rates, for the most part, with some minimal increases. As
the Health Department insists that all cats and dogs have a current rabies
vaccination, we are no longer offering a rebate for this.
• Staff are recommending that the lifetime license for dogs be increased (from
$30.00 to $40.00 and for cats be increased from $20.00 to $40.00)to more
accurately reflect the administrative fees involved in tracking these licenses.
• Discounts for early purchase are currently offered up to March and staff are
recommending that these discounts be only offered for licenses purchased
during the month of December in the year immediately proceeding the
licensing year. This discount will not be offered for lifetime licenses.
Adoptions— Staff are recommending a $10 increase in the fees for dog
adoptions.
Impoundments-Staff are recommending a change in the fee structure for
impounded animals. If the animal is licensed with a current licence or is
microchipped and if they are returned within 24 hours, and it is the first
occurrence, there is no fee (this is new), but for subsequent occurrences the fee
would be $75.00 (up $10 from current rates). Daily care rates are
recommended to increase to $15/day from the current$12/day.
Transfers— Staff are recommending a $10 increase in the fees for transferring
ownership of a dog or fitter brought into the animal shelter (from $45 to $55).
1145
Attachment 2
Chan a Details .
Trap Rentals—Staff are recommending a $10 increase in the trap deposit,
which is fully refundable upon return of the trap, and a $2.00 increase in the
dally rental rate (from $3 to $5).
19. Schedule B — Exceptions — Item (g) has been added to exempt"on the
Premises of or'under the authority or control of a law enforcement agency."
1146
Attachment 3
Chan a Details
Kennel B -law
1. Reg ulations.concerning Kennels has been removed from the Responsible Pet
Owners By-law and has been included in its own Kennel By-law.
2. Definitions
Kennels.have been defined into two categories to differentiate between
Commercial Boarding /Breeding and Hobby Kennels.
3. Section 2.O Licensing
• Only property owners are eligible to apply for the licence.
• Hobby and Commercial Breeding Kennels must provide proof of active
membership.
• Owner must supply proof that they have never been convicted of an act
pertaining to animal cruelty.
• Exemptions available for dog tags and the three dog limit as set forth in the
Responsible Pet Owners' By-law.
4. Inspections the Municipal Clerk, or designate, shall be authorized to inspect
the Kennel at any reasonable time.
5. Kennel Regulations
Requirement for the structure to be built in accordance with the Ontario
Building Code.
• No part of the kennel shall be used for human habitation or human
sleeping purposes.
Requirement for technical monitoring devise.
• Established standards for animal enclosures more detailed than existing
by-law requirements.
6. Schedule A— Fees
Increases in flees are proposed to more accurately reflect the administrative
costs for administering the service and/or the product
1147
,base= 4
THE.CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2005-
Being a by-law to repeal By-law 99-90, as amended, and to amend By-laws
91-20 and 93-161, as amended, a by-law to ficernce, regulate and prohthlt
certain animals or classes thereof within the limits of to Municipanty.of
Clarington,or defined areas therein.
WHEREAS Sections 9 to 11 of the Munk W Act 2001, S.O. 2001, c25, as amended
(Wunkipal Acn, confer the power to pass by-laws regulating or prohibiting animals to a
lower-tier munidpall4r
AND WHEREAS Section 9(3xb) of the Munklpal Ad confers the power upon a
municipality, in exercising Its powers to regulate and prohibit respecting a matter, 10
provide far a system of licences,permits,approvals or registrations respecting the mailer,
and to impose conditions as a requirement of obtaining, continuing to hold or renew a
licence,permit,approval or reglstralforc
AND WHEREAS Section 103 of the Munkipal Act confers the power upon a municipality
to pass a by-law to provide for the seizure and Impounding of animals being at large or
trespassing and the sale of Impounded animals under certain condi0ow.
AND WHEREAS Section 105 of the Munkipal.Ad requires Council or a Committee of
Council or an animal control oTflcer of the municipality to hold a hearing on'whether b
exempt an Owner in whole or in part from muzzling requirements of a dog, when so
requested by the dog Owner,
AND WHEREAS Section 391 of the Munklpal Ad authorizes the municipality to pass by-
laws Imposing fees or charges on any class of Persons for services or activities provided
or done by or on behalf of It
AND WHEREAS Section 396 of the Municipal Ad provides that a by-law passed under
Section 391 may provide for fees and charges that vary on any basis ft municipality
considers appropriate and specifies In the by-law, and for different classes of Persons
and deal with each class In a d'dferent way;
AND WHEREAS the Dog Owners' Liabft Act, R.S.O. 1990, c.D.18, as amended,
provides for controls on pit bulls and other dog breeds as defined in the Act;
1148
Page 2
AND WHEREAS the Pounds Art, R.S.O. 1990, Chap. c.P.17 authorizes a municipality to
impound animals found At Large;
AND WHEREAS the Corporation of the Municipality of Clarington promotes and
advocates the humane treatment of animals and responsible pet ownership;
AND WHEREAS the Corporation of the Municipality of Cladngton deems it desirable b
pass such a by-law to reflect the requirements set out In the fog Owners'LlabBMyAcL
NOW THEREFORE, the Count of The Corporation of the Municipality of Claringion
hereby enacts as follows:
SECTION 1 -DEFINITIONS AND INTERPRETATION
1.1 SHORT TITLE: This By-law may be cited as the 'Responsible Pet Owners By-
1.2 For the purposes of this By-law, unless stated otherwise or the Context Implies a
different meaning:
ALTERED -shall mean a mate or female animal that has been sterilized by.a licensed
veterinarian. In the case of a female animal. A tered' shah be where the animal has
been spayed or otherwise operated on to prevent conception,and In the case of a male
animal,'Altered'shag be where the animal has been neutered orcaslreted.
ANIMAL - shall mean any member of the animal kingdom excluding humans. Wtthmd
limitation,'Animar shall include mammals,dogs,cats,birds and repiges.
ANIMAL SERVICES DIVISION-shall mean the division responsible for the enforcement
of this By-law and any related animal legislation in the Municipality of Clarington.
ANIMAL SERVICES OFFICER- shall include any Person employed by the Municipality
of Clarington to enforce the pmvisbns of thls By-law.
AT LARGE - shag mean' any Animal found in any place other than the property of the
Owner of the Animal and not under the control of any Person by keeping it enclosed in a
pen or other enclosure in such a manner as to prevent the Dog from leaving the
property and to prevent contact with people and other Animals.
1149
I
Page 3
CAT — shall mean a feline of any breed Of domesticated camivore of the species felts
fsmlisds that Is over 12 weeks since bihh. .
CLARINGTON—shall mean the geographic area of the Municipality of Clarington.
COUNCIL-shad mean the duly elected Council of the Municipality of Claringlom
DOG-shall mean a domesticated carnivore of the spades cants famdiede that is over
12 weeks of op.
ENCLOSED PROPERTY-,shed mean a pen or other enclosure such that prevents the
Animal from leaving the property and prevents contact with people and other Animals.
i
HOUSEHOLD shall mean any house, motile home, dwelling unit or legal apartment
unit, occupied as a single housekeeping unk for residential purposes and includes any
outdoor space or accessory buildings associated with the Household.
LANDS ZONED AGRICULTURAL-shall mean those lands designated as Agricultural
(A)Zone and defined in the Munidpalgys Zoning By-law.
LEASH -shall mean a strap, cord or chain which is designed to restrain the breed of
Animal it is controlling..
MANAGER OF MUNICIPAL LAW ENFORCEMENT-shall mean the Person appointed
by Council to manage the dudes and responsibditlea of the MunWpal Law Enforcement
Division within the perks Department.
MUNICIPAL CLERK-shalt mean the Person within the Municipalkys administration who
tudla the function of municipal dark as required by the Municipal Act 2001,as amended,
or delegate.
MUNICIPAL PROPERTY-shag mean an property awned,leased or under the control of
the Municipality, and without limitation. this term shat include ad parks. open space,
opened or unopened road allowances,sidewalks,footpaths or bicycle trals.
MUNICIPALITY-shal*mean The Corporedw of the Municipality of Claringlon.
1150
Page 4
MUZZLE-shall mean a humane device designed to fit over the mouth of a Dog and well-
fitted enough to prevent the Dog from biting,without interfering with the breathing,panting
or vision of the Dog or the Dog's ablity to drink.
MUZZLED DOG-shag mean a Dog wearing a Muzzle in the manner anticipated by the
manufacturer of the Muzzle.
ORDER TO RESTRAIN- shag mean the Order Issued by an Animal Services Officer in
accordance with the provisions of this By-law.
OWNER - shag mean a Person or their authorized agent who possesses, keeps or
harbours one or more Animals within Clarington, and where the Owner of the Animal Is a
minor, the Person responsible for the custody of the minor and •own•, •owns+ and
owned'shat have corresponding meanings.
PERMANENT IDENTIFICATION - means an electronic: microchip encoded with
Identification information which has been implanted In an Animal.
PERSON-Includes an Individual,a sole proprietorship,a partnership,an unincorporated
association, a trust, a body corporate and a natural person. "Persone shell have a
corresponding nsaninz
PIT BULL— means a dog as identified in the Dog Owners'Usbilily Act R.S.O. 1990,
c.D.1S.
REDEMPTION PERIOD- is a period of five (5)days exclusive of the Impound day and
any day the Animal Shelter is dosed, during which time the pet shag be eligible to be
redeemed by the Owner.
RESTRAINED -Where "RESTRAINED" Is used in connection with a Dog which Is the
subject of an Order to Restrain at Its Owner's Household,it shall mean:
1. kept Indoors In a manner respectful of its environmental needs
which prevents the said Dog from having conted with Persons
who have not consented to contact or
2. 'kept in a pen or other enclosure respectful of its environmental
needs which prevents the Dog which Is the subject of an Order to
Restrain from:
leaving the Owners Household,and
g) coming Into contact with Persons and other Animals who
have not consented to contact
1151
Page 5
RESTRAINED - Where `RESTRAINED' Is used in connection with a Dog which Is the
subject of an Order to Restrain at a place other than Its Owners Household, it shall mean-
the said Dog will be Muzzled,leashed with a Leash no longer than 1.8 metres(6 feet)in
length and under the care and control of a Person who Is at least 16 years of age.
RESTRICTED PIT BULL-shall mean a Dog identified as restricted pit bull under the Dog
Owners'LlabrYltyAcf,R.S.O.1990,c.D.16,as amended.
SHELTER — shall mean the Clarington Animal Shelter and shall include any yard or
enclosure maintained by the Munlclpa8ty for the safekeeping of Impounded Animals.
SPECIAL NEEDS DOG— shall mean the registered Dog whose purpose is to assist a
disabled Person with their daily ac dvklas.
TRANSFER-shall mean the change of ownership of a Dog/Cat to the Municipality or to
another eligible Person.
UNALTERED-shop mean either a male or female Animal that has not been sterilized.
UNDER CONTROL-shell mean a Dog that is at all times,while the Dog is off Ito Owners
property, on a Leash held by a Person over the age of 18 years or otherwise physic*
Restrained In such a manner as to prevent the Dog from biting or attacking a Person or
domestic Animal and to prevent contact with people and other Anknaia.
UNRESTRICTED Animal-shall mean the breeds of domesticated Dogs that are not a
Pit Bull.
ZONING BY-LAW- shall mean the Municipalltya Bylaw #84S3, as amended, and as
may be further amended or replaced from tine to time.
1.3 AN words and personal pronouns relating to words contained In this BY48w
shall be read and construed with the appropriate number and gender of the Person or
Animal referred to In each case.
1.4 In the event any of the provisions of this By-law,are deemed Invalid or void,
In whole or In part, by any coat of competent Jurisdiction. the remaining tempt and
provisions shall remain In full force and eflea
1.5 Schedules A,and B,attached to this By-aw form an integral part of IL
1152
Page a
Schedule A-Licence Fee Schedule
Schedule B—Exceptions
1.5 Reference to legislation within this By-law shag be deemed to include such
legislation,as amended.Including successor legislation.
1.7 Hereinafter the Dog Owners' L1abr7Ry Ac; R.S.O. 1990, c.D.16, as
amended,shag be referred to as*the Acr.
SECTION 2•DOG LICENSING AND REG..TF2ATItNd
2.1 This section applies to all Dogs.
2.2 Every Owner of a Dog shag obtain an annual licence for such Dog by
registering the Dog with the Animal Services Division and paying the prescribed fees as
sat out in Schedule A. The licence may be purchased from locations as deemed
appropriate by the Municipal Ciak
2.3 No Person shag become an Owner of a Dog within Clarington without
having obtained a licence for the Dog and registering the Dog with the Municipality for it"
current year and shall obtain a licence thereafter on an annual basis.
2.4 Every licence Issued pursuant to section 2.1 shag expire on December 31 of
the calendar year forwhimtn it was issued.
2.5 To obtain a dog licence under this By-law, the Owner of the Dog shag
provide to the Municipality such information as the Municipal Clerk may require,including;
but not limped to: Owner name, Owner address. Owner home and business telephone
number, Animal breed, Animal unique markings, Animal name, and Animal rabies
information.
2.6 Upon.providing the required Information and upon payment of the licence
and registration fee, the Owner of a Dog shag be furnished with a tag for each Dog and
shag ensure that the said tag shag be kept securely affuied to the Dog at all times. The
tag shag consist of a metallic plate or such other material approved bythe Municipal Clerk
and shag Indicate the licence number under which the Dog is registered and the period for
which the licence was issued.
1153
Page 7
2.7 The licence shag bear a number corresponding to the number under which.
the Dog Is registered and a record shag be kept by the Animal Services Division showing
the name and address of the Owner,a description of the Dog,the number of the licence
and the date on which it was Issued
2.8 No Owner shag affix or permit to be affixed a tag Issued by or on behalf of
the Municipality to any Dog other than the Dog for which the licence was Issued.
2.9 The Municipal Clerk,at hWMr discretion,may refuse to issue a Dog licence
to any Persom
2.10 Notwithstanding Section 2.8, above, a lifetime tag will not Indicate the
licensing period.
SECTION 3 CAT LICENSING AND REGISTRATbN
31 Every Owner of a Cat shag obtain an annual licence for such Cat by
registering the Cat with the Animal Services Division and paying the prescribed fees as
set ohd In Schedule A. The Beene may be purchased from locations as deemed
appropriate by the Municipal Clark,or designate.
3.2 No Person shag become an Owner of a Cat within Claringhah without having
obtained a licence for the Cat and registering the Cat wkh the Munidpdky for the current
year and shall obtain a I16ence thereafter on an annual basis.
3.3 Every licence Issued pursuant to section 3.1 shall expire on December 31 of
the calendar year for which it was Issus&
3.4 To obtain a Cat licence under this By-law,the Owner of a Cat shall provide
to the Municipality such information as the Municipal Clerk may require including but not
limited to Owner name,Owner address, Owner home and business telephone number,
Animal breed,Animal unique markings.Animal name,and Animal rabies informatorL
3.5 Upon providing the required Information and upon payment of the licence
and registration fee,the Owner of a Cat shag be furnished with a tag for each Cat and the
said tag shag be kept securely affixed to the Cat at all times. The tag shag consist of a
metallic plate or such other material approved by the Municipal Clerk and shag Indicate
the licence number under which the Cat is registered and the period for which the licence
was issued.
1154
Page a
3.8 The licence shag bear a number corresponding to the number under which
the Cat is registered and a record shall be kept by the Animal Services Division showing
the name and address of the Owner, a description of the cat, the number of the licence
and the date on which it was issued.
3.7 No Owner shah affix or permit to be affixed a tag issued by or on behalf of
the Municipality for any Cat other than the Cat for which the licence was issued.
3.8 The Municipal Clerk may,at his/her discretion,refuse to Issue a Cat licence
to any Person.
SECTION 4—ANIMALS AT LARGE
4.1 This subsection applies to all Animals as governed by this By-law,with the
exception of Restricted Pk Bugs.
4.1.1 No Person shag permit or allow an Animal to be At Large within the
limits of the Municipality.
4.12 No Owner of an Animal shag permit such Animal.whether Leashed
or unleashed, to enter private property without the consent of the Owner or
oocupanf.
4.1.3 Every Owner of a Dog or Person having control of a Dog shell
control such Dog on a Leash when this Dog Is away from its Household.
4.1.4 Notwithstanding the generality of 4.1.1.while In any park,no person
shall:
(a) allow any Animal to be At Large,except in a designated area;and
(b) permit any animal to enter any bear, pond. swimming area, farts area,
garden.landscaped area,playground or sports field.
42 This subsection applies only to Restricted Pit Bulb.
42.1 No Person shah permit or allow a Restrk3ed Pit Bug to be At Large
within the limits of the Municipality.
1155
Page 9
422 Every Owner of a a Restricted Pit Bull shag ensure that the
Restricted Pit Bug is equipped with a Muzzle and secured by a Leash when the .
Restricted Pit Bull is riot within Enclosed Property occupied by the Owner of the
Restricted Pit Bull or not within Enclosed Property occupied by a Person who
consents to the Restricted Pit Bug being off Leash or off Muzzle.
4.2.3 Where a Restricted Pit Bug is required to be Muzzled and secured by
a Leash, every Owner of a Restricted Pit Bug shag ensure that the Muzzle and
Leash comply with the following rules:
(a) the Restricted Pit Bug shall be fined with a collar or harness that is proper
fitted to and placed on the Restricted Pit Bug.
(b) the movement of the Restricted Pit Bug shag be controlled by a Person by
means of a Leash attached to the collar or harness on the Restricted Pit Bug,
(c) the Leash shag not be more than 1.8 metres In length and shall be attached
to the collar or harness
(d) the collar or harness,the Leash and the attachment between the Leash and
the collar or harness are all strong enough to prevent the Restricted Pit Bug from
breal ft any of them.
I
(a) the mouth of the Restricted Pit Bug shag be covered by a Muzzle that Is
humane and that is strong enough and well-filled enough m prevent the Restricted
PR Bug from biting, without Interfering with the breathing, parting or vision of the
dog-
SECTION 5—"AGGRESSIVE BEHAVIOUR"
5.1 The Animal Services Officer shag Investigate any Incident of aggressive
behaviour which has been reported to the Durham Region Health Department, Durham
Regional Pogce Services,or to the Animal Services Division.
52 Order to Restrain—This section applies to all Animals as governed by this
Bylaw with the exception of Restricted Pit Bur.
11ss
Page 10
52.1 Where an Animal Services Officer has investigated and is satisfied
that a Dog has placed a Person or domestic Animal at risk of physical harm, the
Animal Services Officer shall issue an Order to Restrain to the Owner of the Dog.
5.2.2 Where an Animal Services Officer has investigated and is satisfied
that a Dog has bitten or attacked a Person or domestic Animal, the Animal
Services Officer shall Issue an Order to Restrain to the Owner of the Dog.
52:9 Where an Order to Restrain has been issued under this By-law,the
Dog Owner will be served with a copy of the written Order to Restrain in the form
determined by the Municipal Clerk Service shall be effected by delivering the
Order to Restrain personally to the Owner of the Dog or by leaving It for the Owner
at the Owner's last known or usual place of abode with an inhabitant thereof who
appears to be at least 16 years of age or by registered mad to the Owner's last
known address. Service Is deemed to be effected five(5)days after madgrg.
52.4 Nothing contained in this By-law,shad derogate from the authority of
a peace officer or an Animal Services Officer under the AcL
52-5 - Where an Order to Restrain has been Issued under this By-law,the
Dog Owner may apply to the Municipality for a hearing as to whether or not the
Order to Restrain, In whole or in part, should be revoked or amended. An
application for a hearing by the Manager of Municipal Law Enforcemerd shad be
fled, in writing, by the Dog Owner or the Dog Owners agent, with the Municipal
Clerk of the Municipality at 40 Temperance Street, Bowmarnide, Ontario, within
ten (10) business days (excluding Saturdays, Sundays and Statutory Holidays)of
the date the Order to Restrain Is served upon the Owner. As soon as practicable
after receipt of the appeal, the Municipal Clerk of the Municipally shad notify the
Dog Owner and any other Persona having an interest In the Incident leading to the
issuance of the Order to Restrain,of the date,time and location of the hearing.
If an Owner fads to appear at such hearing,the Order to Restrain shad be deemed
to be In full force and effect as If no appeal had been fled.
It shall be understood that between the date of service of the Order and the date of
the Hearing;the Owner shad comply with the Order to Restrain by leashing and
muzzling the dog.
5.2.6 An Order to Restrain shad include the following requirement:
1157
Page 11.
(a) licence and register the Dog with the Municipality within seven (7) days
and have the Dog permanently identified by microchip implantation, at the
Owners expense,within twenty-one (21)days of receipt of the Order to Restrain.
The Owner shall provide proof of such registration and implantation to the
Animal Services Division within thirty (30) days of receipt of the Order to
Restrain;
(b) Notify the Municipal Clerk, or designate, Immediately upon relocating the
Dog or upon a Transfer of ownership of the Dog;
(r;) Restrain the Dog at all times.while the Dog Is on the Owners own property,
by keeping it enclosed In a pen or other enclosure in such a manneras to prevent
the Dog from leaving the Owners property and to prevent contact with people and
other Animals;and
(d) Restrain the Dog at all times,while the Dog Is off the Owners own properly,
with the use of a Muzzle and a Leash no longer that 6 feet,and under the care and
control of Person who Is sixteen(16)years of age or older.
52.7 Where an Order to Restrain has been Issued under this By-law, all
requirements must be complied with effective Immediately upon service, with the
following excepftm
(a) The Dog Owner shall have the Dog, which is the subject of the Order to
Restrain,licensed and registered,at the Owners expense,Within seven(7)days of
the service of the Order to Restrain.
(b) Where an Order to Restrain has been Issued under fhb By-aw, and-no
appeal has been filed, the Dog Owner shag have the Dog,which is the subject of
an Order to Restrain. permanently Identified by microchip Implantation. at the
Owners expense, within twenty-one (21) days of the service of the Order to
Restrah
(c) Where an Order to Restrain has been Issued under this Bylaw, and the
Owner film an appeal in accordance with section 52.5 of this By-law, the Dog
Owner shag have the Dog, which Is the subject of an Order to Restrain In
compliance with the terms of the Order to Restrain as may be amended by the
Chair of the Hearing,within seven(7)days of the date the hearing Is hold.
1158
Page 12
52.8 A Dog Owner who Is required to licence, register and identify by
microchip Implantation a Dog which Is the subject of an Order to Restrain issued
under this By-law shag provide proof thereof to the Shelter within thirty(30)days of
service of the Order to Restrain when no appeal has been filed and within fifteen
(15)days of the date of the hearing,when an appeal has been filed.
5.2.9 Every Owner of a Dog that Is subject to an Order to Restrain Issued
under this By-law,upon relocation of his or her residence,or that of the said Dog,
or upon ceasing to own the said Dog, shag be required to immediately notify the .
Shelter of the change of address,or the name and address of the new Owner or
the new location of the said Dog,as the case may be.
5.2.10 Every Owner of a Dog that Is the subject of an Order to Restrain
Issued under this By-law,who fails to compy,with that Order to Restrain Is guilty of
an offence.
5.3 'PROCEEDING UNDER THE ACT'- Provisions of this section in no way
derogate from or limit the applicability of the Act as it relates to all Doge.
5.3.1 Where an Animal Services Officer has conducted an Investigadon
and Is satisfied that an incident Involving a Pit Bug (Restricted or otherwise),
constihtes a violation under the Dog Owners'LlablRy Act, R.S.O. 1980, c.D.18, .
as amended, the Animal Services Officer shall commence a proceeding against
the Owner(s) of the Pit Bug, in accordance with the Dog Owners'Liability Act,
R.S.O. 1990,c.D.16,as amended.
SECTION 6—RESTRICTION ON NUMBER OF PETS ALLOWED
6.1 Cab
6.1.1 A Person shag be allowed tD own or keep up to five(5)cats K all eats he"
been Altered, permanency Identified with a microchip implantation and are kept In
an Enclosed Property.'
6.1.2 No Person shag own or keep more than three(3)Unaltered cab.
6.1.3 NotwfthstandkV the limits set forth in Sections 8.1.1 and 8.12,there am no
restrictions on the number of Cab permitted on Lands Zoned Agricultural.
1159
I
Page 13
62 Dogs
I
82.1 No Person shaft own or keep more than three(3)Dogs.
i
6.22 Notwithstanding the limit set forth in section 82.1,there.are no restrictions
on the number of Dogs permitted on Lands Zoned Agricultural.
6.3 Restricted Pit Buts
6.3.1 No Person shall own a Pit Bun unless it Is Restricted Pit Buff and they
are eligible under the Act
6.32 No person shag breed a Restricted Pit Bull.
6.3.3 No Person shag Transfer a Restricted Pit Bull unless the Transfer N
effected In accordance with the AM
SECTION 7-IMPOUNDMENT
7.1 This section applies to all Animals as governed by this Byaew.
72 Every officer of the Durham Regional Police Services and every Animal
Services Officer shall have the power to seize and destroy, whether before or after
Impounding,any Dog t
(a) The Dog has on one or more occasion demonstrated aggressive behaviour.
(b) An Owner of the Dog has on one or more occasion fasted to exercise reasonable
precautions to prevent the Dog from demonstrating aggressive behaviour.
(c) The Anlmal Is a Restricted Pit Bull and an Owner of the Restricted Pit But has on
one or more occasions failed to comply with one or more of the requirements of the By-
law or the Act.
(d) There is reason to believe that the Restricted Pit But may cause harts to a
Person or domestic Animal.
1 150
Page 14
73 Every officer of the Durham Regional Police Services and every Animal
Services Officer shall have the power to seize and impound any Animal found At Large
Within the limits of the Municipality contrary to the provisions of this By-law.
7.4 When an Animal has been found At Large contrary to the provisions of
this By-law, has been seized by an Animal Services Officer and taken to the Clarington
Animal Shelter, such Animal shall be impounded and held for the duration of the
Redemption Period.
7.5 If any Animal so seized and Impounded is not claimed on or before the
last day of the Redemption Period, the Animal Services Officer may, at that Officer
discretion and subject to the Animals for Research Act R.S.O. 1990, Chap. A.22,
destroy or sell the Animal. Nothing in this By-law shall prevent an Animal Services
Officer from destroying an Animal which Is suffering illness or Injury and, In the Officers
opinion,will not humanely sustain life.
7.6 The Animal Services Division shall keep a record of all Animals seized
and Impounded pursuant to this By-law.
7.7 Any Owner claiming an Animal which has been seized and impounded
shall pay to the Animal Services Division of the Municipality the administration fees as
set out in Schedule A of this By-law.
7.6 No Person,resident In Clarington,shag regain possession of a Dog or Cat
from the Clarington Animal Shelter without first obtaining a licence for the Dog or Cat
for the current year and shall pay any related administration fees incurred,including but
not limited to: licence fee.Impound fees and any necessary health care costa while the
animal was under the care of the Shelter. In the event the Person has already
registered and licensed the Dog or Cat for the current year,or is a resident of another
municipality, the Person shal provide sufficient proof thereof by producing the tag or
licence to the Animal Services Officer or proof of residency outside of Clarington, and
shall be exempt from paying the licence fea
7.9 No Person, resident in the Province of Ontario,shall regain possession of
a Restricted Pit Bull from the Shelter without first providing proof that the Restricted Pit
Bull complies with all requirements under the Act Where proof cannot be provided,the
necessary steps shag be taken by the Animal Servoes Officer to ensure that the
requirements of this By-law and the Act are met The Owner of the Restricted Pit Bull
shall pay any related administration fees Incurred, Including but not limited to: licence,
1161
Page 1s
impound fees, and any necessary health care costs while the Animal was under the
care of the Animal Shelter.
SECTION 8—SURRENDER f DISPOSITION
8.1 This section applies to all Animals as governed by this By-law.
82 The Animal Services Officer shall accept the Transfer of ownership of a
Dog or Cat from an Owner to the Municipality upon:
(a) receipt of a written request from the Owner accompanied by payment of the
appropriate fee prescribed in Schedule A of this By-lew,
(b) determination by the Animal Services Officer that the Animal can reasonably be
expected to be placed in a new home;
(c) receipt of any other information the Animal Services Officer requests:and
(d) space being avatiable within the Shelton
8.9 Any Animals destroyed under this By-law,shall be disposed of In such a
manner as may be determined from time to time.
SECTION 9-ADOPTION
9.1 This section applies to all Animals as governed by this Byaew.
92 A Person may adopt an Animal from the Animal Services Division, upon
demonstrating to the satisfaction of the Animal Services Officer that the Person is
capable of providing proper care to the Animal and otherwise meets the requirement
of this By-aw.
9.8 A Person adopting an Animal from the Animal Services Division shall pay
the appropriate adoption fee as set out in Schedule A.
9.4 If the Animal to be adopted is a Dog or a Cat, the Person adopting the
Animal shall obtain a licence at the time of adoption,as per Section 2 of this By-law.
9.8 The Sheller shall take all necessary steps to ensure that all Restricted Pit
Bulls comply with the requirement under the Act prior to adopting the Restricted Pit
Bug.
1152
Page 16
SECTION 10-STOOP AND SCOOP
10.1 Every Owner of an Animal shall immediately remove and dispose of,in a
hygienic manner,all excrement left by the Animal on any properly,other than the Animal
Owner's or agent's property,within Clarington.
102 Section 10.1 does not apply to a handier of a Special Needs Dog, where
the handler Is unable to remove the excrement left by such Special Needs Dog due to a
physical disabli ty or impediment.
10.8 Section 10.1 does not apply to a blind or visually impaired handler of a
Special Needs Dog lt the faeces were left while the Special Needs Dog was off the
premises of the handler and during the course of fulfilling its duties.
10.4 Every Owner of a Dog shag remove from his or her premises. In a timely
manner, excrement left by such dog, so as not to disturb the enjoyment, comfort,
convenience of any Person In the vicinity of the premises.
SECTION 11 -ENFORCEMENT AND PENALTIES
11.1 The Council shall appoint one or more Animal Services Officers who shag
Investigate Animal-related complaints and enforce the provisions of this By-law.
112 Animal Services Officers shag provide all services as required by this
By low.
11.8 Every Person who contravenes any provision of this By-law unless
otherwise stated Is guilty of an offence.
11.4 Every Person or corporation found guilty of an offence under this By-law,
Is liable to a penalty or fine as provided for In the Provincial Offences Ad, which
maximum penalty shag not restrict the penalty or fine provided for offences prosecuted
pursuant to the Dog Owner's Liability AcL
SECTION 12-EXEMPTIONS
1163
Page 17
12.1 'REGISTERED SPECIAL NEEDS DOG(Sr: Every Person who owns a
registered special needs dog, shad Ikense such Dog pursuard to the licensing
requirements of this by-law,as applicable. Upon presentation of the applicable certificate
from the registering agency, the dog's Owner will be exempted from payment of the
required license fee,
j
I
I
1164
Page 1s
12.2 VISITINGANIMAL(S)
12.2.1 NOT PIT BULLS Where the Owner of the Animal is a non-resident of
Clarington, and his or her Animal will not be kept within Clarington for
a time period longer than thirty(30)days in any one(1)calendar year,
its Owner shall not be required to comply with the licensing
requirements of this By-law if the Owner can provide proof of current
registration from the Animars governing authority for the Owners
Household.
12.22 RESTRICTED PIT BULLS: Where the Owner of a Restricted Pit Bull
Is a non-resident of Clarington, and his or her Restricted Pit Bud ww
not be kept within Clarington for a consecutive time period longer then
thirty (30) days In any one (1) calendar year, its Owner shag not be
required to comply with the licensing requirements of this By-law 9 the
Owner can provide proof of current registration from the Restricted Pit
Bulrs governing authority for the Owners Household and proof that
the Restricted Pit Bull Is compliant with the requirements under the .
Act
122.3 PIT BULLS: Pit Bulls are prohibited from entering Clarington, unless
the Pit Bull Is a Restricted Pit Bud.
12.3 'VETERINARIAN(S)': A licensed Veterinarian shad rat be considered an
Owner of an Animal for the purpose of this section where the Animal has been brought
upon his or her premises for care or treatment.
12A 'DOG SHOWS'. All restricted Animals brought Into the Municipality for the
purpose of a*dog show'as defined in O.Reg. 157/05,must comply with all requirements
of the Ad
SECTION 13-MINIMUM ANIMAL CARE REQUIREMENTS
13.1 This section applies to all Animals as governed by this Byaew.
132 Every Person who owns an Animal within the Municipality shad provide the
Animal or cause It to be provided with suitable food,potable water and veterinary care as
required to maintain the health and wed-being of the Animal.
1165
Page 19
13.3 Where an Animal is customarily kept outof-doors, the Owner shall at all
times provide for the use of the Animal a structurally sound, weatherproof, insulated
enclosure with oft-the-ground flooring.
13.4 Whenever an Animal is tethered on the Owners premises,the tether shall
allow for the sufficient exercise for the Animal.
13.5 Every Person who owns an Unaltered female Animal shall, during each
period that the Animal is In heat, keep it confined In a manner that will not attract other
Animals.
13.8 Every Person who maltreats or neglects or is found to be cruel to any
Animal and every Person who contravenes any of the provisions of Section 13 of this By-
law may be reported, by the Officer, to a chapter of the Ontario Humane Society or the
Ontario Society for the Prevention of Cruelty to Animals or other society associated
therewith.
SECTION 14-MISCELLANEOUS
14.1 Notwithstanding any other provision of this By-law it shall not apply In
respect of Animals owned by any Person which are kept on any premises listed in
Schedule B. Notwithstanding the above,the premises listed in Schedule B must comply
with the rules of this By-law as they relate to restricted AnknsN.
i
14.2 By-laws 99-90, 2000-154, 2001-170, and 2002-138,2004.193(collectively
the Preceding By-Law")are hereby repeated.
I
14.3 Schedule B of By-law 93-181 Is hereby amended to add the following
immediately following the Reference to Domestic Dogs:
'(with the exception of those breads of dogs as restricted under the Dog Owners
UabNly Ad, R.S.O. 1994 o.D.18, as amended, which shall only be permitted y
per the rules set out in the Act r.
14.4 All fees payable under this By-law shall be made In cash, by credit card or
debit.
14.5 None of the provisions in this By-law are Intended to or shall be deemed to
derogate from the provisions of By4sw M181,as amended.
1166
Page 20
14.8 This By-law shall come into effect on the date of passing with the exception
of Schedule A.
14.7 The fees set for in Schedule A of this by-law shall come into effect
January 1, 2007, and shat apply to any licences sold before January 1, 2007 for the
licensing period beginning January 1,2007.
14.8 All licences Issued on the Preceding By-law shall remain In force and effect.
By-law,read a first and second time this day of .2006.
By-law read a third time and finally passed this day of .2006.
MAYOR
MUNICIPAL CLERK
. 1187
SCHEDULE A
TO MUNICIPALITY OF CLARINGTON BY-LAW???
EFFECTIVE-JANUARY 1,2007
Adoption Fen
Details pM
Dogs $85.00
Cab $120.00
(AII cats are Altered prior to adoption unless Cat Is too young
or too small at time adoption,in which case the Owner is
offered a rebate upon proof of alters cat
Licence Fan
Details Fee
1. D -microchipped 8 spayed or neutered $10.00
2. -5 or neutered or microchloved $20.00
3. -Unaltered $35.00
i 4. Do--w.lifetime mustbe atered B microchi $40.00
5. Cat-micmchlpDed & spayed or neutered $10.00
5. Cat-spayed or neutered or microchipped $20.00
7. Cat-Unaltered $25.00
S. Cat-frfetime must be altered 8 microchi $40.00
NOTE: There le a 10%discount for licences purchased before January 1w of the
licensina year.
Impoundment Administration Fen
Details Fee
Impoundment of dog/cat wearing current licence or who Is microchipped
1. First occurrence Free
(if retumad/pIcked up within 24 hours)
Otherwise $50.00
2. Second or subse uent occurrence $75.00
3. Daily care tee $15.00/day
(every Dog Impounded Is subject to an additional charge
for every day or part of a day gfiff the day the An"is
brou ht into im undment
Impoundment of doglcat NOT wearing current licence or NOT mlcrochipped
1. First occurrence $50.00
2. Second or subse uent occurrence $75.00
3. Daily care fee $15.00/day
(Every Dog impounded is subject to an additional charge
for every day or part of a day fte er the day the Anknal is
brou M Into ImDoundmentl
4. in addition to the fees detailed above,every Owner of a Varies. In accordance
Dog not licensed for the current year who is a resident of with Clarington's
the Municipality Is also required to pay the Fence fees in licensing fen
addition to the impoundment fen
. 1168
Pap 2
Transfer Fees
Details I Fee
'The Animal Services Division can only accept surrendered Animals if they can
reasonably be expected to be placed in a new home. Animals will not be accepted for
euthanasia. Pets are screened carefully to avoid placing problem Animals in new
homes
1. Transfer of ownership of a Dog or litter,brought into the $55.00
Animal Shelter
2. Transfer of ownership of a dog,picked up by the Aninud $65.00
Services Officers,during normal working hours(excluding
Sunday and Holkla
3. Transfer of ownership of a dog,picked up by the Animal $90.00
Services Officer,outside ragular business hours.
Trap Rental Fees
Details pN
1. 1 Deposit—fully refundable on return of t $45.00
1. 1 Daily rental 1 $5.00/day
1169
SCHEDULE
TO MUNICIPALITY OF CLARINGTON BY-LAW???
EXCEPTIONS
a) on the premises Of the Bowmenvlle Zoo,the Orono Cat Works, and any other
facility accredited by the Canadian Association of Zoo4leal Parks and
Aquaria(CAZAX
b) on the premises of the Ontario Society for the Prevention of Cruelty to
Animals(O.S.P.CAX
C) in a veterinary hospital under the care of a licensed veterinarian;
d) on the premises of any television or film studio where such Animals are being
kept temporarily for the purpose of a television or film production;
e) on the premises of the Corporation of the Municipality of Clarington;
f) on the premises of Pet Shops;
g) on the premises or under the authority or control of a law enforcement
agency.
1170
i
iau�ro+r s 5 ss
tIFPORfsfr�r�ZZ-ate
THE CORPORATION OF MUNICIPALITY OF CLARINGTON
BY-LAW 2000-
Being a By-law to license,regulate and govern kennels
In the Municipality of Clarington
WHEREAS section 150 of the Municipal Act,S.O.2001 authorizes Council to
license and regulate a variety of businesses and events.The authority includes:
the power to Issue licences on condition,revoke licences,suspend licences,lo
regulate or govern the place used in carrying on of businesses,and many other
matters:and
WHEREAS the Council of the Corporation of the Municipalityy of Clarington
deems it necessary and desirable to license certain businesses carried on in the
Municipality of Clarington to promote the health and safety of residence,provide
nuisance control,and ensure consumer protection,
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1.0 DEFINITIONS: For the purposes of this By-levy,
ANIMAL-shah mean any member of the animal kingdom of living beings,
excluding humans.Without limitation.OANIMAL'shall include mammals,Dogs.
Cats,birds,and reptiles.
ANIMAL SOUND-shah mean any sound emitted from an animal which,Is
audible at point of reception.This tern includes:barking,whimpering,whining,
howling,and yelping.
ANIMAL SERVICES OFFICER-shall include any Person employed by the
Municipality of Clarington to enforce the proviakxu of this By-law.
APPLICANT-shah Include a person seeking a licence,or renewal of a licence or
a person whose licence is being considered for revocation or suspension.
BOARDING-shah mean the taking In of domestic animals for a period of time
for financial gain.
BOARDING FACILITY—shall mean a facility that takes In domestic animals for
a period of time for financial gain.
BREEDING-shah mean the generating of offspring resulting in a quality of
bloodlines as In purebred.
BUSINESS-shah Include a trade that requires a licence pursuant to this By-law,
whether or not a licence has been Issued or maintained for that business.
BY-LAW-shah mean this By-law as it may be amended from time to time.The
Recitals to and the schedules attached to this By-law are considered integral
parts of k
CHIEF BUILDING OFFICIAL-shall mean the person within the Municipality's
administration who fulfills the function of chief building official as required by the
Ontario Building Code Ac4 190Z or his or her delegate.
1171
i
CLERK-shag mean the person within the Municipalkys administration wire i I
fulfills the function of municipal Clark as required by the Munkl wl Act 2001 or his
or her delegate.
COUNCIL-shag mean the elected municipal council for the Municipality of I
Claringtom f
{
DOG-shag mean a domesticated carnivore of the species canb famiiierie that Is i
over 12 weeks of age.
KENNEL-shag mean any building,structure,dog nm or other facility or part
thereof,where:
if
a) dogs are kept for breeding or show purposes;or !,
f
b) dogs are kept solely for the purpose of routlnely entering into dog j
sled or other similar racer,or
II
c) hunting doge are kept for hunting purposes.
JJ:
(� COMMERCIAL BOARDING kennel or COMMERCIAL BREEDING I
kennel-shag mean any kennel used for the keeping of eight(a)or more doge 11!
but does not Include a veterinarian dirk
(IQ HOBBY KENNEL-shag mean any kennel used for the keeping of more
than three(3)but less that eight(8)doge,but does not include a veterinarian f I
clinic, I
In addition to the.maximum number of doge set out above,a maxinwm of two
litters of pups,per bitch,up to sixteen(18)weeks of age may be permitted In any 11
licensing year '
LICENCE-means a licence to operate a trade Issued pursuant to this. h
l
By-law.
I
LICENSING OFFICER-shag mean a Municipal Law Enforcement Olfiosr
appointed by Council for the purpose of processing and issuing licences under
this By-law and enforcing the provisions d this Bylaw. ;
MUNICIPALITY-shall mean the Corporation of the Municipality of Claringh n.
MUNICIPAL LAW ENFORCEMENT OFFICER-shag mean a person or persons {
appointed by Council for the purpose d animal control or appointed as a
Municipal Law Enforcement Oficw.
OPERATOR-shag mean a person with care and control of a business at any !
given point in time,with authorization of the owner d the business.The terms
'operats'.'operaflW.and words of loci import or intent have corresponding
meaning.
OWNER-shag meen the person who owns.possesses or harbours a dog and,
where the owner Is a minor,the person responsible for the custody of the dog. i
POINT OF RECEPTION-shag mean any geographic location at which a sound
can be heard,excluding the premises from which to sound originates.
PROPERTY OWNER-shag mean the person who Is the registered owner d tine i
Property on which the kennel or boarding facility Is located. I
PUREBRED-shag mean any dog that b registered or eligible of registration w1b
an association incorporated under the Animal Pedigree Ad{Canada}
1138 1172
TRADE-shall mean and include business,calling or occupation and'carrying on.
a trade'includes any ad of
a) selling any goods or services;or
b) soliciting business or offering or exposing goods or services for sale or
hire.
2.0 LICENSING
2.1 No person shall own,operate,manage,control, supervise or have any
kennel,or boarding facility without a licence issued by the municipally.
2.2 Only the Property Owner may apply for and be issued a licence. A licence '
issued to the Property Owner Is not transferable to any new Properly
Omer. '
2.5' Every Property Owner who applies for a licence shall do so in writing on
the form provided by the Municipality._
2.4 Hobby and Commercial Breeding Kennel applicants shag supply t to
following: '
2A.1 In the case of a Kennel for Purebred Dogs,proof of active membership I
In the Canadian Kennel Club or any other association Incorporated
under ilia Animal Pedigree(Canada);or
2.4.2 In the case of a Kennel for sled Dogs,proof of active participation or
registration in dog sled or similar races within the previous or
Impending 12 months as may be deemed acceptable by the Licensing
Officer,or
2A.5 In the case of a Kennel for hunting dogs,
(a)' proof of active membership in the Canadian Kennel Club for
registered hunting dogs;or
(b) proof of active membership In an association for the purpose
of hurting dogs treining or traling;or
(c) a hunting Dog Licence for each dog issued by the Ministry of
Natural Resources within the previous 12 mon#W or
(d) such other proof of hunting activities In the previous or
impending 12 month period as may be deemed acceptable
by the Licensing Officer.
2AA In all cases written clearance from the Municipality of Cisrington
assuring compliance with the Zoning By-law,with any associated cost
bome by the applicant;and
2.4.5 In all cases a site plan,drawn to scale showing the location of a1
buildings or structures on the subject property,including the location of
all buildings or structures to be used for Kennel purposes.The site
plan must also specify the distance which separates the Kennel from
all property lines and all buildings,including any residential buildings
situated on the adjacent properties;and
2.4.6 In all cases,a list of all Dogs to be kept at the subject property,
Including both Purebreds and non-Purebreds,and verification of
current rabies vaccination for each dog;and
2AJ In all cases,the Hobby Kennel licence Fee or Commercial Breeding
Kennel Licence Fee as set out in Schedule-A'of this By-law;SM
•
1139
1173
2.4.6 A swom declaration by the Owner or agent that he/she have never
been convicted under Section 446 of the Criminal Code of Canada
pertaining to animal cruelty or a similar offence in another country,and
for which the applicant has not received a pardon.
2.5 Every Owner applying for a Licence for a Commercial Boarding Kennel
shall submit the following documentation:
2.5.1 Written clearance from the Municipal'dy of Clarington assuring
compliance with of the Zoning By-law,with any associated costs borne
by the applicant:and
2.52 A site plan drewn to scale showing the location of all buildings or
structures on the subject property,Including the locadonn of all
buildings,structures,dog runs or facilities to be used for a Boarding
Facility.The site plan must also specify the distance which separates
the Facility from all property lines and all buildings,Including residential
buildings situated on the adjacent properties:and
2.5.3 Commercial Boarding Kennel Licence Fee as set out in Schedule W
of this By-law,and
2.5A A swom declaration by the Owner that they have never been convicted
under Section 446 of the Criminal Code of Canada pertaining to animal
cruelty or a similar offence in another country,and for which the
applicant has not received a pardon.
2.6 Refusal of Licence
2.6.1 The Licensing Officer shall refuse any Lloenoe application which does
not meet with all of the requirements of this By-law.
2.62 In the event that a Licence Is refused,the Licensing Officer shall give
Notice In writing to the Property Owner by registered mall or personal
delivery.
2.63 The Property Owner may apply to the Licensing Officer In writing within
twenty(20)days from the date of notice fora hearing before Councl.
2AA Upon receipt of a request for a hearing,the Licensing Officer shelf
arrange for such hearing at a Council Meeting and a notice of the date,
time,and location of the hearing shag be given to the Property Owner
In writing by registered mail or personal delivery not less that seven
days prior to the hearing.
2.6.5 Council shall review the application for Licence together with the
Licensing Officers reasons for refusal and/or recommendations for
conditions to be placed on any Licence and shag hear the Property
Owners or agenra verbal or written submissions as to how Bra
application fulfills the requirements of this By-law.
2.6.6 Council,upon reviewing and hearing these submissions corder on the
matter and shag render its decision and reasons therefaa. In
accordance with Section 239 of the Munk 4W Ad,Council may confer
in Closed Session on the matter.but shall render Its decision and
reasons therefore in Open Session.
2.6.7 Council may.In rendering its decision,place special conditions on the
Licence for a specified time period.
1174
2.6.8 The Licensing Officer shall give written Notice of Council's decision b
the Owner in writing, by registered mail or personal delivery,within ten
(10)days of the decision.
2.6.9 Council's decision shall be final and not subject to further review.
2.7 Licensina period
2.7.1 Licences are valid from the date of issue and expire on March 31*of
each year.
2.72 Notwithstanding Section 2.7.1 above,the Licensing Officer shag
suspend or revoke any Licence issued under the authority of this by-
law where the Licensing Officer deems it desirable and necessary.
2.7.3 The provisions of Section 2.6;with necessary modifications,apply to
the suspension or revocation of a License.
2.8 Exemption from Doa Teas and Three(3)Doa Limit
2.8.1 Upon the Issuance of a Licence under this Bylaw,the Property
Owner shall be exempt from the purchase of licenses under the
prevailing Responsible Pet Owners Bylaw for the Dogs In■
Commercial Breeding Kennel or dogs in a Hobby Kennel.
2.82 Notwithstanding 2.8.1,the Property Owner of a Commercial Boonfir g
Kennel shag not be exempt from the purchase of licenses,under the
prevailing Responsible Pet Owners By-law,for Dogs or the three Dog
limit in respect to any Dogs owned by the Property Owner unless the
Property Owner holds a valid Hobby Kennel Licence for the subject
property.
2.8.3 Where the total number of Dogs owned and boarded on a particular
property does not exceed the number of Dogs permitted under the
prevailing Responsible Pet Owners By-law or the Dog Owners Liabglly
Ad,a Kennel Licence is not required under this By-law..
2.8.4 No licence shall be required for the following operations*
a) an animal shelter operated by or on behalf of a public authority;
b) a veterinary hospital or clinic;
c) a publicly funded educational institute,or
d) emy facility In which animals are placed for care pursuant to the
Pounds Act.
2.9 Licence Display
2.9.1 Each Kennel Licence,when issued,shag be posted in a conspicuous
place on the licensed premise.
2.10 Inspections of Premises
2.10.1 The Municipal Clerk,or designate,may,at any reasonable time,
Inspect the premises of the Owner or Operator of a Kennel and the
equipment,and other personal property used or kept for hire In the
carrying on of the Business.
1175
2.11 Kennel Regulations - No Property Owner or Kennel Operator shall
construct or use a Kennel except with the following provisions:
2.11.1 No Kennel or part thereof shall be used for human habitation or human
sleeping purposes nor shag any Kennel or part thereof be structurally
connected with a dwelling,
2.11.2 The construction of any Kennel shag conform to the requirements of
the Ontario Building Code.
2.11.3 No Kennel shall be used unless the following standards are met
a) Dogs shag be housed In individual enclosures,except in the case
of puppies less than months of age with or without the bitch,
unless the pet owner expresses a specific wish for their pets to be
housed together and would not be deemed Inhumane to do so.
b) Each enclosure shall be large enough to permit any Dog enclosed
therein to move freely and In particular shag permit each animal
confined.therein to:
n stand normally to its full height
g) turn around easily
M move about easily for the purpose of posture adjustments
Iv) lie down in a fully extended position
v) enable species-appropriate contact
vl) provide bitches with nursing puppies an additional 10%
space per
VII) provide for the social and an behavior needs of the Dog.
c) Floors shall be of dense concrete or similar light materiel and
shag be adequately sloped to drains.
d) Walls shag be non-porous, watertight and easily cleaned and
sanitized. Inside surfaces shall be smooth, durable and
Impervious to facliitate cleankg.
e) Where floors are on grade,suitable bedding shall be provided In
the forth of a raised wood,fibregtass or similar platform,large
enough for the Dog to Ile on.
f) Roof coverings,fastened to sheathing or directly to the roof Joists
shag be laid so as to prevent the entrance of rodents and vermin -
into the facility,and covered with suitable materials In order to
eliminate leakage and exposure of the dogs to adverse weather
conditions.
g) Ceilings and walls shag abut closely to prevent crevices which
can lead to rodent infestation.
h) Comers of callings,walla and partitions;shag be caulked and
painted so as to be completely washable.
i1 Proper air circulation shag be ensured to prevent respiratory
disease and to avoid the spread of contaminants,viruses,
bacteria and molds.
J) The temperature for an indoor facility shall be maintained at a
minimum of 15°C with a maximum of 2M Temperatures shad
be suitable to the breed,coat length,age and condition of the
dogs housed In the Kernel.
1176
f) Outside exercise facilities shall be provided which shall be fenced
and maintained in such a manner as to keep the Dogs securely
enclosed. Outside exercise funs shall be large enough for Dogs
to break Into a trot and provide protection. The exercise running
surface must be safe and not slippery,and free from debris that
could cause Injury or damage to the Dog. 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 shag be kept in a sanitary manner.
g) No Dog shag be placed in such facility in inclement weather.
2.12 Every Kennel Operator shall maintain the Kennel in a dean and sanitary
condition at all times. In particular the Kennel Operator shag ensure that'
all excrement,refuse and other objectionable material is removed from the
cages and Kennel area at least twice 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 area
is being cleaned.
2.13 Every Kennel Operator shall ensure that all Dogs are provided with an
adequate source of clean,fresh drinking water available to them at all
times,and adequate,nutritional and conteminant-free food capable of
maintaining the Dog in full health and vigor is provided. Food storage bins
must be covered,vermin proof and properly marked. Food dishes and
utenalls shall be stored in a dean and protected area.
2.14 The whelping area shall be separated from the individual and/or group
kennel enclosures housing other Kennel Doge,thereby providing the
whelping bitch privacy.
3.0 KENNEL MANAGEMENT
3.1 Every Kennel Operator shag provide adequate,regular supervision and
efficient knowledgeable health care controls to ensure no harn caries
through the association with incompatible doge,sick Dogs or other
adversarial animals or vermin.
32 Every Operator of a Boarding Kennel shag maintain Kennel records for
each dog boarded at the Kennel. The record shall Include: the Doge
name;tattoo or microchip number,the owners name,address and contact
number,and emergency contact number,a daily health record of the Dog
Including any made or other health issues;documentation respecting arty
behaviour incidents. These records shag be maintained for a minimum of
6 months from the date of the stay at the Kennel.
3.3 Every Operator of a Breeding Kennel shag maintain records Including:
breed,sex,date of birth,the sire and dam,tattoo or microchip number,
colour and markings. Individual records shall be developed by the tune
the litter is weaned and shag include medications,vaccinations,and
examinations for internal and external parasites and the results thereof.
3.4 Every Kennel Operator shall have a established rapport with a local
veterinary hospital to deal with emergendes that may arise from time to
tine.
1177
3.5 Every Kennel Operator shall maintain written dog care procedures and
such procedures shall be readily available to all kennel personnel at at
times. These procedures shall Include method of handling kennel
sickness, injury or death,back-up transportation,and a list appropriate
phone numbers for the Clarington Animal Services,humane society,and
the veterinarian
4.0 PENALTIES AND CONDITIONS
4.1 Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction shall be liable to a fine as set out to 8fe
Provincial Offences Ac4 R.&0.
42 In the event any provisions of this By-law Is deemed lhvelid or void,in
whole or part,by any court of competent jurisdiction,the remaining terns
and provisions shall remain In full force and effect
4.3 Kennel Licenses Issued under the Preceding Byelaw shag remain In force
and untg the expiry of the licence.
4A Kennel Owners/Operators operating under the Preceding By-law that do
not meet all the requirements this by-law shag be granted one year,from
date of passing of this by-law,to make all necessary changes necessary
to comply with this by-law.
4.5 This By-law shag come into full force and effect Immediately upon its final,
passing by Council.
Read a first time this day of 2008
Read a second time Oft day of .2006
Read a third time and finally passed#6 day of .2000
Maya
Municipal Clark
1178
Schedule A
Fee Schedule
Licence Type First Tlma Renewal
Commercial Boarding Kennel $200.00 $150.00
Commercial Breeding Kennel $200.00 $150.00
Hobby Kennel
$150.00 $100.00
1179
Attachment 4
Amendments made to the draft Kennel By-law in response to stakeholders' input
W'a MIR,,a
Definitions amended the definition for "Breeding"to
include mixed breeds
Definitions "Hobby Kennel"-amended the name to
"Personal Kennel"to correspond with the
Zoning By-law
Definitions amended the definition for "Purebred" to
include those breeds considered as purebreds
but not registered under the Animal Pedigree
Act Canada
2.8 Exemption from Dog Tags and Three (3) Amended to grant the Kennel owner the
Dog Limit option to receive from the Clarington Animal
Shelter,free dog tag charms for the dogs at
the Kennel
2.10.1 Amended to add the following sentence at the
end of this clause to clarify the inspection
rights:
"Where the Kennel operation is conducted in
a dwelling unit, the Officer may inspect that
portion of the dwelling unit used as the Kennel
operation.*
2.11 Clause replaced with the following:
"Where the Kennel operation is located in part
in a building or structure that is separate from
the principle dwelling, the Kennel Owner shall
ensure that the following standards are met:
2.11.1 Deleted
2.11.2 Deleted
2.11.3 First line deleted
2.11.3 (c) "dense" replaced with "a smooth", and
Housekeeping - "fight" replaced with "like"
2.11.3 6) Minimum temperature requirement changed
from 0150"to "10°"
2.11.3 Housekeeping - re-numbered to k and 1
2.11.3 (f) Housekeeping— replace "exercise funs" with
"exercise runs"
Immediately following "Each Dog shall be
placed in such facilities at least twice in every
24-hour period for not less than 30 minutes
each period", add the following clause:
or other reasonable duration appropriate to
the weather conditions."
1180
' Section .: , Chan
2.12 Remove "for garbage collection" and replace
with "in an acceptable manner.
2.12, 2.13, 2.14 Add in the following new clause immediately
before 2.12 and then re-number 2.12, 2.13,
and 2.14 as appropriate.
"Notwithstanding 2.11.1, where a Kennel
forms part of the principle dwelling unit on the
property, and where enclosures are provided
for the dogs, the standards described in
Section 2.11.1 (a) through (1), inclusive, shall
apply to those enclosures.
4.0 Add in a new Section 4.0, as follows, and then
renumber Section 4 as appropriate:
"A person whose Kennel or keeping of dogs
conforms with the intent of this By-law but
does not comply with the requirements of the
By-law may make application for an exception
to the Municipal Cleric, or designate. Each
application shall be considered on a case by
case basis".
Schedule A— Fee Schedule Amended to reflect that where a Kennel
Owner is operating more than one type of
Kennel on the same property, only one
Licence shall be issued which shall list the
primary and any subsidiary operation, and
only one fee shall be required and that fee
shall be the fee for the primary operation.
1181
Clar�ngron
Leading the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11"', 2006
Report#: CO.D-063-06 File # By-law
Subject: TENDER AWARDS COUNCIL BREAK
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
A .
1. THAT Report COD-063-06 be received; and _
2. THAT the attached By-law, marked Schedule "C" authorizing the Mayor and
Clerk to enter into the necessary agreement be approved.
Submitted Reviewed b `�" - ` `•
aria Marano, H.B.Sc., C.M.O. Franklin Wu,
Director of Corporate.Services Chief Administrative Officer
ancy T I , B. .A., .A.,
Director 6f Finance
mmm Aswn
CORPORATION OF THE MUNICIPALITY OF CLARINGTO14
40 TEMPERANCE STREET, BOWMANVILLE,ONTARIO L1 3A6 T (905)623-3379 F(905)623-41 WO 1
REPORT NO.: COD-063-06 PAGE 2
BACKGROUND AND COMMENT:
In accordance with Purchasing By-law 2006-127, the following contract was awarded
during the Council Break:
1. CL2006-61, Courtice Entrance Feature
The above noted contract was awarded to Ron Robinson Limited, Bowmanville, Ontario
for a total bid amount of $77,252.01 plus GST. A Copy of JVF Consultants (1998) Inc.
Landscape Architects letter. summarizing their bid analysis and recommending the
award and the recommendation from the Manager of Park Development are attached
as Schedule "A° and Schedule "B"respectively.
Tenders were publicly advertised and issued with bids being-submitted as per Schedule
"A" attached.
The total project costs, including Construction Administration and Contingency are
estimated at $96,977.00. Funding for this project in the amount of $140,000.00 is
provided in Capital Account#110-32-325-83308-7401 leaving a surplus of$43,023.00.
The low bidder has provided satisfactory service to the Municipality of Clarington in
recent years.
Attachments:
Attachment 1 — Schedule "A", Letter from JVF Consultants (1998) Inc.
Attachment 2—Schedule "B",.Memo from Peter Windolf, Manager, Park Development
Attachment 3—Schedule "C", By-law
1202
FROM`: JUF CONSILTRMTS LTD FAX ND. : 9656864843 Nov. 1133 �2NW66 12:47PM . P2
SCHEDULE "A'
November 10,2006
PC
�i
UNDSCAPR aRC ITBCTS
1695 Clements Read I, AIC�1jLeMn
Y�eri Onbdm Urban�g0 Bits Planning
L1wav�' ReaeabGrelP1�
Tek:(905)6662954 Illowtin G phim
Fast (907 a"43
S.waOs JVMOJ.r9&OA6=
N5L Lou Ann Birkett,C.P.P.,A.KC.T.
Purchasing Maasga
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville,ON L1C 3A6
Dear Ms.Birlrett:
Re: Contract No. CL2006-61.Courtice$ntry Feature
Tenders for the above project were opened at the Municipal o99ees on Wednesday
November 1, 2006,at 2:00:00 p.m.local ti m& The bids received, exclusive of GST, are
mumnarked as follows:
BIDDER TOTAL BID AMOUNT
Ron Robinson Limited S• 77,252.01
Bowmanville, ON
Rutherford Contracting Ltd. S 78,431.12
Gormley, ON
Kon-Strutt Construction $ 115,250.00
Maple,ON
Peninsula Construction I= S 120,541.51
Fonthtll,ON
From the above tenders reviewed, the lowest tender from Ron Robinson Limited was
found to have no irregularities in its pricing.
41ffl78Et OF: CANAm+1N SOMY OFlANMWZ AQCNrlft,'11 + WrAV0AS30QAtX 0FLWDSC0EAICHnXn.
. l
FRIa`I': itiF aNSLLTANrS LTD FAX N0. : 9056B64B43 Nov. 13 2006 12:47PM.. . P3
SCHEDULE "A"
Ron Robinson Limited has satisfactorily completed many mad and park projects within
the Municipality of Clarington over the years including Guildwood Parkin 2002.
1 recommend that a 10•.contingency allowance be carried for this construction project.
With the fhriding availability and based on the past experience of the low bidder,it is
recommended that Contract CL2006-61 be awarded to.Ron Robinson Limited in the
amount of 577,252.01 (excluding GST).
Should you require any ditional infbnnation,please contact the undersigned.
Yotus tnily,
I
John Vteim O A C.S1..)L
JVF Consultants(1998)Inc,
Landscape Architects
cc. Mr.Peter Windolf,Manager, Park Development
Engineering Services Department„Municipality of Clarington
4 MtD EKE: CANADIAN$O=CFLIMWAPEUCIT[bt7i ♦ WIrAWOA9oaawOFL4ND3CMAaaM= 4
n
Qq#W09t SCHEDULE "B"
MEMO
TO: Louann Birkett, Purchasing Manager
FROM: Peter Windolf, Manager, Park Development
DATE: Nov.13, 2006
SUBJECT: CounNce Entrance Feature
CL2006.61
I have reviewed the recommendation provided by JVF Consultants and offer the
following comments. `
I concur with the recommendation to award the contract to Ron Robinson Limited
in the amount of $77,252.01 exclusive of G.S.T. for the Courtice Entrance
Feature
A contingency amount of 10% is carried forward for the project Therefore,
including design and tender fees as well as contract administration fees, the
following is the Municipal breakdown for the above referenced project;
Courtice Entrance Feature
Account 110 32 325 83308 7401
Total Project $96,977
Amount
Bud et Amount $140,000
Estimated $43,023
Budget Surplus
I recommend a report to the CAO to move forward based on the breakdown
above. Attached for your files is the recommendation provided by JVF
Consultants. Should you have any questions, please feel free to contact me.
1205
2
Regards, SCHEDULE AW,
Peter Windolf.
Manager, Park Development
Attachment
Cc Nancy Taylor, Director of Finance
i
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET,BOWMANVILLE, ONTARIO L1C 3A6 T(805)623-33706
Schedule "C"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-
Being a By-law to authorize a contract between
the Corporation of the Municipality of Clarington and Ron
Robinson Limited, Bowmanville, Ontario, to enter into
agreement for the Courtice Entrance Feature.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Ron Robinson Limited, Bowmanville, Ontario, . and said
Corporation; and
2. THAT the contract attached hereto as Schedule 'A'form part of this By-law.
By-law read a first and second time this day of , 2006.
By-law read a third time and finally passed this day of , 2006.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1207
CIgtOn REPORT
Leadtng y
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, DECEMBER 11, 2006 Resolution #:
Report#: FND-018-06 File #: By-law #:
Subject: LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUND OF TAXES
Recommendations: .
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-018-06 be received; and
2. THAT the attached list of applications for cancellation, reduction, apportionments
or refund of taxes be approved.
Submitted by. Reviewed by:
Nancy M. aylor, . .A., C.A. Franklin Wu
Director of Finance Chief Administrative Officer
NMT/MWF/MAM/nma
1301
REPORT NO.: FND-018-06 PAGE 2
BACKGROUND
Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of
applications for cancellation, reduction, apportionments or refund of taxes is presented
to Committee for its review and approval.
Section 357(3 & 4)indicates that the Council shall hear and dispose of every application
not later than the 30th day of April in the year following the year in respect of which the
application is made. The last day for making application for the previous years tax
reduction is the 28th day of February in the following year.
More specifically, under Section 354, the Treasurer shall recommend to Council that
outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by
reason of a decision under Section 357 or 358, or of a decision of a judge of any court
or that the taxes are uncollectible.
An application for a cancellation, reduction or refund may be made for one of the
following reasons:
• Ceased to be liable to be taxed at rate it was;
• real property becomes exempt;
• razed by fire, demolition or otherwise
• damaged by fire, demolition or otherwise (substantially unusable)
• removal of a mobile unit]
• sickness or extreme poverty;
• gross or manifest clerical error, and
• repairs/renovations preventing normal use of period of 3 months.
The 357 and the 358 process begins when an application is prepared by either the
Regional Assessment Office or the Tax Department. The neighbourhood assessor will
perform an on-site inspection of the property. The assessor will verify the reason for the
application, the period of time, for which the tax relief is claimed, and the amount and
type of assessment that.is affected. The application is then sent back to the Tax
Department where the actual tax adjustment is calculated and the taxpayers account
adjusted:
1302
REPORT NO.: FND-018-06 PAGE 3
Section 356, deals with severances or divisions into parcels. These parcels of land
were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being
apportioned to the individual properties which are now severed/consolidated.
Therefore, tax amounts are removed from one roll number and applied to another roll
number as determined by MPAC.
The total amount of taxes to be written off, for May 1 to October 31, 2006, as shown in
this report total $32,204.46.
Attachment:
Attachment "A" -Write-Off Report May 1 to October 31, 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LiC 3A6 T(905)623-3379 F (905)623-4169
1303
1w
Write Report
2006
-Off
0
(For the Period of- May 1 to October 31, 2006
Date
Pereon(s)Taxes
Adj/WTX
Commercial
Residential
Year
Reason Claimed by
Ref. No.
Indusdal.eto
Farm
Adjusted
Applicant
Managed Forest
For
Applicant
Number
Municipal
Municipal
Jan-06
OPG
WTX 377
120.25
2005
Fire,Demolition Etc
Mar-06
Kawartha Pine Ridge District
WTX 378
62.72
2004
Property Became Exempt
Mar-06
Transportation Ministry
WTX 378
705.03
2002
Property Became Exempt
May-06
Kawartha Pine Ridge District
WTX 385
197.79
2000
Property Became Exempt
May-06
Wife Custom Hydraulic
WrX 386
280.87
. (276.71)
2005
Commerical to Res Difference
May-06
Clarington Municipality
WrX 386
- 146.49
2005
Property Became Exempt
May-W
Roll Severed to 4 Lots
WTX 386
0.00
2005
Severanoe/Consolida8on
May-06
Roll Severed to 2 Lots
WTX 386
0.00
2005
Severance/Consolidation
May-06
Roll Severed to 2 Lots -
WrX 386
0.00
- 2005
Severance/Consolidation
May-06
Hachey Laurie
WTX 387
269.47
2003
MPAC Overcharge Clerical Error
May-06
Wife Custom Hydraulic
WrX 387
22.57
(22.23)
2004
Commerical to Res Difference
May-06
Municipality Clarington
WrX 387
75.26
2004
Property Became Exempt
May-W
Avery Dean
WrX 387
315.42
2002-2004
MPAC Overcharge Clerical Error
May-06
Evenlel Enterprises In
WrX 387
190.00
(131.04)
2004
MPAC Overcharge Clerical Error
May-06
Eventel Enterprises In
WTX 388
660.86
(455.76)
2005
MPAC Overcharge Clerical Error
Jul-06
Ridge Pine Park
WTX 391
282.74
2006
MPAC Overcharge Clerical Error
Jul-w
-Ridge Pine Park
WTX 391
477.34
2006
MPAC Overcharge Clerical Error
Jul-06
Ridge Pine Park
WrX 391
420.47
2006
MPAC Overcharge Clerical Error
Jul-06
Aspens Heights -
WrX 391
0.04
2006
MPAC Overcharge Clerical Error
Jul-06
Clarington Municipality
WTX 391
22.84
2006
Property Became Exempt
Jul-06
Wifa Custom Hydraulic
WrX 391
367.09
(247.46)
2006
Commerical to Res Difference
Jul-06
MacDonald William
WfX 391
239.84
2006
Fire, Demolition Etc
Jul-06
Roche,Melville 8 Christine
WTX 391
1,429.72
(986.02)
2006
Commerical to Res Difference
Jul-06
Feiner Barry
WTX 391
673.46
(464.46)
2006
MPAC Overcharge Clerical Error
Jul-06
Spencer, Ernest
WTX 391
243.65
2006
Fire,Demolition Etc
Aug-W
Fortin Donald
WrX 392
425.88
2006
Fire,Demolition Etc
Aug-06
Ministry Transportation
WTX 393
369.28
2006
Property Became Exempt
Aug-06
Ministry Transportation
WrX 393
780.44
2006
Property Became Exempt
Aug-06
Ministry Transportation
WTX 393
369.28
2006
Property Became Exempt
Aug-06
Ministry Transportation
WrX 393
315.98
2006
Property Became Exempt
Total Page 1 of 4
3,624.57
3,256.53
1w
Write-Off Report 2006
(For the Period of- May 1 to October 31, 2006
Date Person(s)Taxes AdjIWTX Commercial
Ref. No. Indusrial etc
Applicant
Balance Forward from Page 1
Aug-06 .
Ministry Transportation
Aug-W
Ministry Transportation
Aug-06
Ministry Transportation
Aug-06
Ministry Transportation
Aug-06
Ministry Transportation
_ Aug-06
Ministry Transportation .
Aug-06-
Ministry Transportation
Aug-06
Ministry Transportation
Aug-06 -
Ministry Transportation
Aug-06
Ministry Transportation
Aug-06
Ministry Transportation
Aug-W
Clarington Municipality
Aug-06
- Clarington Municipality
Aug-06
Clarington Municipality
Aug-06
Clarington Municipality
Aug-06
Clarington Municipality
Aug-06
Clarington Municipality
Aug-06
Clarington Municipality
Aug-06
Ministry Transportation
Aug-06
Clarington Municipality
Aug-06
Ministry Transportation
Aug-06
MacDonald William -
Aug-06
Sole James
Aug-06
Transportation Ministry
Aug-06
Roll Consolidated
Aug-06
Roll Consolidated
Aug-06
Jean Linton
Aug-06
Roll Severed to 2 Lots
Aug-06
Roll Severed to 2 Lots
Aug-06
Transportation Ministry
Total Page 2 of 4
V
Number
WTX 393
WTX 393
WrX 393
WrX 393
WrX 393
WTX 393
WTX 393
WTX 393
WTX 393
WTX 393
WTX 393
WTX 393
WTX 393
WTX 393
WTX 393
WrX 393
WTX 393
WTX 393
WrX 393
WrX 393
WTX 394
WTX 394
WTX 394
WrX 394
WrX 394
WrX 394
WrX 394
WTX 394
WrX 394
WTX 394
Municipal
3,624.57
Residential Year Reason Claimed by
Farris Adjusted Applicant
Managed Forest For
Municipal
3,256.53
247.46
2006
Property Became Exempt
1,290.61
2006
Property Became Exempt
943.95
2006
Property Became Exempt
708.10
2006
Property Became Exempt
434.00
2006
Property Became Exempt
767.30
2006
Property Became Exempt
925.10
2006
Property Became Exempt
839.40
2006
Property Became Exempt
651.00
2006
Property Became Exempt
1,248.70
2006
Property Became Exempt
1,648.43
2006
Property Became Exempt
36.92
2006
Property Became Exempt
437.81
2006
Property Became Exempt
717.18
2006
Property Become Exempt
437.48
2006
Property Became Exempt
837.08
2006
Property Became Exempt
408.86
2006
Property.Became Exempt
963.17
2006
Property Became Exempt
464.46
2006 .
Property Became Exempt
370.52
2006
Property Became Exempt
313.34
2005
Property Became Exempt
204.09
2005
Fire,Demolition Etc
23.79
2004-2005 MPAC Overcharge Clerical Error
4,323.00
2002-2005 Property Became Exempt
0.00
2004-2005 Severance/Consolidstion
0.00
2004-2005 Severance/Consolidation
356.82
2004-2005 Ceased to Be taxed at rate
0.00
2005
Severance/Consolidation.
0.00
2005
Severance/Consolidation
890.03 2002-2004 Property Became Exempt
3,624.57 23,745.13
0
M
0
I
Write-Off Report 2006
(For the Period of- May 1 to October 31, 2006
Data
Person(s)Taxes
AdjlWTX
Commercial
Residential
Year
Reason Claimed by
Ref. No.
Indusdal etc
Farm
Adjusted
Applicant
Managed Forest
For
Applicant
Number
Municipal
Municipal
Balance Forward from Page 2
3,624.57
23,745.13
Aug-06
Neps Kristine
WTX 395
1,749.89
(1,206.82)
2006
Cmw wical to Res Dinerence
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severanca/Consdidation
Aug-06
Roll Severed to 2"
WrX 396
0.00
2006
Severdnee/Consolidation
Aug-06
Roll Severed to 2 Lots
wTX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
.0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 396
0.00
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 396
0.00
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00 .
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 396
0.00.
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 397
0.00
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 397
0.00
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 397
0.00
2006
Severanoe/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WTX 397
0.00
2006
Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
- WTX 397
0.00
2006
Severance/Consolidation _
Aug-06
'Roll Severed to 2 Lots
WrX 397
. .
0.00
2006
-Severance/Consolidation
Aug-06
Roll Severed to 2 Lots
WrX 397
0.00
2006
Severance/Consolidation
Total Page 3 of 4
5,374.46
22,538.31
0
I
Write-Off Report 2006
(For the Period of- May 1 to October 31, 2006
Data Person(s)Taxes Adj/WTX Commercial Residential
Ref. No. lndusrial etc Farm
Applicant Number Municipal
Balance Forward from Page 3 5,374.46
Aug-013
Roll Severed to 2 Lots
WTX 397
Aug-06
Roll Severed to 2'Lots
WTX 397
Aug-06
Roll Severed to 2 Lots
WTX 397
Aug-W
Roll Severed to 2.Lots
WTX 397
Aug-06
Roll Severed to 2 Lots
WTX 397
Aug-06
Roll Severed to 2 Lots
WTX 397
Aug-06
Roll Severed to 2 Lots
WTX 399
Aug 06
Burnett Angus
WTX 399
Aug-06
Roll Severed to 2 Lola
WTX 399
Sep-W
Kimball William
WTX 400
Sep-W
Vander Duim Nicholas
WTX 400
Sep-W
Burnett Angus
WTX 400
Sep-06
Roll Severed to 2 Lots
WTX 400
Oct-06
Hoekstra Peter -
WTX 401 345.48
Oct-06
Roll Severed to 2 lots
WTX 401
Oct-06
Roll Severed to 3 Lots
WTX 401
Oct-06
Roll Severed to 2 Lots
WTX 401
Oct-06
Hoekstra Peter
WTX 402 341.13
Oct-W
Gotell Carl
WTX 402
Oct-W
Transportation Ministry
WTX 402
Oct-06
Transportation Ministry
WTX 402
Oct-06
Transportation Ministry
WTX 402
Oct-06
Tanner Clayton
WrX 403
Oct-06
Booth Steven
WTX 403
Oct-06
Wright Edgar,
WTX403
Oct-06
1138337 Ontario Inc
WTX 403 ,
Oct-06
Owens Eileen
WTX 403
Total Page 4 of 4
Managed Forest
Municipal
22,538.31
0.00
0.00
0.00
0.00
0.00
0.00
0.00
561.07
0.00
76.24
15.62
826.12
0.00
(238.26)
0.00
0.00
0.00
(237.33)
342.63
449.22
388.32
593.89
26.72
24.45
63.43
638.60
71.36
6,064.07 26,140.39
Grand Total To Be Written Off Not Including Minutes of Settlements,
or ARB Decisions For the Period of May 1st, 2006 to
October 31, 2006
Year Reason Claimed by
Adjusted Applicant
For
2006
Severance(Consolidation
2006
Severance/Consolidation
2006
Severance/Consolidation
2006
Severance/Consolidation
2006
Severance/Consolidation
2006
Severance/Consolidation
2006
Severance/Consolidation
2006
Fire,Demolition Etc
2006
Severance/Consolidation
2006
Fire,Demolition Etc
2006
MPAC Overcharge Clerical Error
2006
Fire,Demolition Etc
2006
Severance/Consolidation
2005
Commerical to Res Difference
2005
Severance/Consolidation
2005 .
Severanoe/Consolidalion
2005
Seversnce/Consolidation.
2006
Commerical to Res Difference
2006
Fire,Demolition Etc
2006
Property Became Exempt
2D06
Property Became Exempt
2006
Property Became Exempt
2005
MPAC Overcharge Clerical Error
2005
MPAC Overcharge Clerical Error
2004-2005 MPAC Overcharge Clerical Error
2003-2005 MPAC Overcharge Clerical Error
2004-2005 MPAC Overcharge Clerical Error
S 32,204.46
r
0
s.
I
rr
Le��g�sw� REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, December 11, 2006 Resolution #:
Report#: FND-019-06 File #: By-law #c
Subject: CASH ACTIVITY—THIRD QUARTER OF 2006
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-019-06 be received;
2. THAT in accordance with provision of Chapter 25, Section 286 of the Municipal
Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of
Clarington for the third quarter of the year 2006, as shown on the attached
schedule; and
3. THAT Part W of the expenditures for the third quarter of the year be confirmed.
Submitted by: Reviewed be
*NancyTa , B. A., .A., Franklin Wu,
na e. Chief Administrative Officer.
NT/AAlna
1308
REPORT NO.: FND-019-06 PAGE 2
BACKGROUND AND COMMENT:
The attached schedules indicate the Corporation of the Municipality of Clarington's cash
transactions for the third quarter of 2006,the cash investment position, the taxes receivable
position and the comparative information for the month ending September 30, 2005. ,Statistical
information is for the third quarter of 2006.
Attachments:
Attachment A-Analysis of Revenue and Expenditures—Third Quarter of 2006
Attachment B —Continuity of Taxes Receivable—As at September 2006
Attachment C- Statistical Information—As at September 2006
Attachment D— Investments Outstanding —As at September 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-4159
1309
CORPORATION OF THE MUNICIPALITY OF CLARINGTON - PART�A"
Analysis of Revenue and Expenditures -
for the Third Quarter of the Year 2008 - -
Third Quarter Third Ouarter
2006 2005 -
REVENUE RECEIVED FOR GENERAL OPERATING
AND RESERVE FUND PURPOSES:
GENERALITAX PAYMENTS RECEIVED 42,650,074 36,950,523
LINEAR PROPERTIES 2,122,438 2,122.438
PITS&OUARRIFS-LICENSE FEES 231,616 213,731 -
CANADIAN WASTE-RENT AND ROYALTIES 42,423 -
DONATION TO BIS-CLAR.MINOR LACROSSE/DARL SOCCER CLUB 40,000 40,000
FEDERAL GAS TAX REVENUE - 340,430 -
DEVELOPMENTCHARGES-MUNICIPAL 1,994,045 2,067,263
DEVELOPMENT CHARGES-REGION 2,475,672 2,709,084
DEVELOPMENT CHARGES-SCHOOL BOARD 305,418 347,547 -
INTEREST - 1.078.961 437153
51,238,654 44 930162
USE OF FUNDS:
PAYROLL 4,796,967 E5W34
REGION LEVY 14,093,613
SCHOOL BOARD LEVIES 5,029,358 -
GENERAL-INCLUDING CAPITAL EXP. 22,015,193 - -
45,935,151
NET CASH PROVIDED(USED) 5,303.5m (8,552,251
BANK NET CASH BANK BAN
BALANCE PROVIDED BALANCE BALANCE
FINANCIAL POSITION, - JUN.30 2006 / USED SEP.30 2006 SEP.30,2
GENERAL FUND - 14,427,301 6,739,095 21,166,398 10,730,456
RESERVE FUND - 1,220,156 115,216 1,335,372 1,175,216
MUNICIPAL BOND INVESTMENTS 2,740,334 28,496 2,768,830 2,658,075
HOST COMMUNITY FUND IN TRUST 10,000,000 10,000,000 10,000,000
INVESTMENTS(GENERAL+RESERVE FUNDS) - 53,289,047 1579 304 51,709,743 52,079,912
LTALS - 81,676,838 5,303 503 88 980 341 76 643 659
BANK BALANCES AS AT: JULY 31 2006 JULY 31 2005 AUG.31 2008 A312005 GENERAL FUND 4,905,761 6,056,060.54 5,498,58342 RESERVE FUND - 1,950,799 890,330.51- 1,288,420.97 MUNICIPAL BOND INVESTMENTS - - 2 749 968 2 640 025.46 2 759 513.11
NOTE A: Diff erence in comparison between years due to timing difference M receipt of funds.
1310
ORPORATION OF THE MUNICIPALITY OF CLARINGTON PART'B'
tinuity of Taxes Receivable
or the Third Ouarter of the Year 2006
June30,2006 SEPTEMBER SEPTEMBER
BEGINNING BALAN INTEREST TAXES PAYMENTS/ 2006 2005
RECEIVABLE ADDED BILLED BALANCE ADJUST.*"
PREPAID TAXES
CURRENTYEAR -
TAXES 7,127,568 32,775,068. 39,902,636 (29,470,332) 10,432,304 8,819,689
PENALTY AND INTEREST 80,456 215 583 296,039 (124,271) - 171.766 148,018
FIRST PRIOR YEAR
TAXES 2,338,308. 56,183 2,394,491 (415,555) 1,978,936 1,779,519
PENALTY AND INTEREST 214,821 82 979 297.800 (71.9251 225,875 192.178
SECOND PRIOR YEAR
TAXES 958,088 140 958,228 (156,857) 801,371 748,263
PENALTY AND INTEREST 155,198 33.923 189,121 (47,208) 141,913 135,165
THIRD&PRIOR YEARS
TAXES - 889,376 0 883,376 (86,283) - 797,083 917,208
PENALTY AND INTEREST 326,466 30720 -357206 (61,9431 2952M 581111
i
TOTAL 12,084,301 363,2% 32,831 391 1 45,278,897 1 (30,434,374) 14 844 523 13 321
.Includes refunds,write-offs,4Ws,etc.
NOTE I: 2006 AND 2005 Interim Installment months: February and April
2006 AND 2005 Final Installment months: June.August and September
1311
CORPORATION OF THE MUNICIPALITY OF CLARINGTON PART "C"
STATISTICAL INFORMATION
for the Third Quarter
of the Year 2006 Year to Date
Tax Certificates 289 676
Number of Properties eligible for Tax
Registration see Note 1 5 "see Note
Accounts Payable Cheques Issued
#078142 to#079810 1,668 5,190
Number of Marriage Licences Issued 113 269
Number of Births Registered 2 6
Number of Deaths/Stillbirths Registered 102 1 439
Note 1: Only includes those properties whose arrears are greater than$20,000.
Note 2: Number of eligible properties for tax registration not applicable foi
year-to-date comparison.
1312
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
INVESTMENTS OUTSTANDING PART "D'
AS AT SEPTEMBER 30,2006
FINANCIAL INVESTMENT JINTERESTI#OF DAYS MATURITY MATURITY
INSTITUTIO COST RATE O/S VALUE DATE
GENERALFUND
MTL 3,970,080.00 4.30% 64 4,000,000.00 Dec. 1/
D 996,840.00 4.29% 27 1,000,000.00 Oct.26/
D 2,967,240.00 4.38% 92 3,000,000.00 Oct 10/0
SCOTIA BAN 1,992,020.00 4.30% 35 2,000,000.00 Nov. 3/0
SCOTIA BANI 995,190.00 4.30% 41 1,000000.00 Nov. 9/0
TOTAL GENERAL FUND
RESERVEFUND
ABC 5,094,062.47 4.10% 1578 6,058,590.00 Oct. 01/1
ABC 999,999.54 4.20% 1941 1,244,090.00 Dec.02/11
ABC 2,221,742.00 4.30% 1826 2,742,301.29 Sep. 18/11 .
ABC 4,180,000.00 3.80% 730 4,180,000.00 June 30/0
ABC 664993.00 4.25% 1096 753,434.00 Aug.29
RBC 1,379,343.53 4.65% 2085 1,787,409.00 Dec.01
ABC 739,938.86 3.55% 1704 869,800.00 Oct.05/0
ABC 893,626.86 4.30% 89 903,000.00 Oct 31
ABC 1,500,000.00 4.10% 1827 1,833,770.00 Dec.06/1
ABC 1,681,851.79 4.35% 1826 2,080,894.41 Mar.06/11
ABC 776,152.23 4.35% 2059 986,467.00 Dec.01/11
ABC 500,000.00 4.00% 1827 595,239.37 June 21/0
ABC 481,878.00 4.45% 1827 599,072.41 Mar.041
ABC ' 970,000.00 3.50% 1102 970,000.00 Mar. 19/0
ABC ' 1,815,962.00 5.00% 1825 1,815,962.00 Feb. 07/0
ABC ' 1,480,000.00 4.30% 1096 1,480,000.00 Feb. 10/0
ABC 208,000.00 4.35% 1830 257,351.00 May 12/0
ABC ' 550,000.00 4.00% 730 550,000.00 Oct 14/
ABC 1,143,285.67 3.80% 1547 1,338,742.00 Dec. 15/
ABC 733,772.63 3.85% 1980 900,445.00 Jun. 02/1
ABC 2,061,000.00 4.00% 730 2,061;000.00 Dec. 03/
ABC 1,500,000.00 5.50% 1694 1,500,600.00 Dec. 20/0
RBC' 906,000.00 4.25% 1095 906,000.00 Sep.2910
ABC 372,440.00 4.40% 1826 461,912.00 May 28/0
ABC 1,520,617.00 5.35% 1826 1,973,297.00 Mar.15/0
ABC 1,000,000.00 4.45% 1827 1,243,203.49 Aug.09/0
HSBC 1,617,707.94 3.55% 365 1,675,136.57 Oct. 25/
ABC 3,796,000.00 4.00% 730 3,796,000.00 Jul.29/0
11TOTAL RESERVE FUND
OTALINVESTMENTS
Investment interest paid on a monthly/semi-annuaUannual basis
1313