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Home My WebLink AboutCLD-014-08 ClNiggtoo REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Roo! u-kOrl *f7 ~ft-71;2.or By-law #: d OO~- 6 f.o 7 File#: Date: Monday, April 14, 2008 Report #: CLD-014-08 Subject: CAT AND DOG LICENSING - AGRICULTURAL RATE CATEGORY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-014-08 be received; 2. THAT the sections of By-law 2006-228, being the Kennel Licensing By-law, pertaining to Private Kennels be suspended and not enforced for a period of two years; 3. THAT staff monitor the implications of suspending the licensing of Private Kennels and report back to Council at the end of the two year period; 4. THAT the by-law included as Attachment 1 to Report CLD-014-08, being a by-law to amended the Responsible Pet Owner's By-law, By-law 2006-227, to include the Agricultural Rate licence category, be forwarded to Council for Approval; and 5. THAT all Private Kennels licensed in 2007 and any 2008 Private Kennel licence applicants be advised of Council's decision. Submitted by: a~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:ClD-014-08 Page 2 1.0 BACKGROUND AND COMMENT In 2006, through By-law 2006-228, Council established the policy of regulating Kennel operations within the Municipality of Clarington. The purpose of the By-law was to promote health and safety of residence, provide nuisance control and ensure consumer protection. The principles of the By-law are: ~ To advocate for the animals of the kennel. ~ To advocate for the prospective clients of the kennels. ~ To provide for the prevention of spread of bacteria and disease. ~ To ensure that kennel operations do not adversely impact the surrounding community. The kennel licensing categories include: Commercial Boarding, Commercial Breeding, and Private Kennels. Since the enactment of this By-law, staff have been working with the Kennel operators to bring the kennels into compliance. Although the Municipality of Clarington had been licensing kennels for more than 18 years, it was not until the enactment of By-law 2006-228 that kennel standards were clearly defined and inspections of the kennels were undertaken to ensure compliance. As is often done when a new process is implemented, staff recently participated in an in-depth review and analysis of the new kennel licensing activities which have taken place over the past year; during which inspection standards and By-law interpretations were discussed. A Kennel licensing internal procedure is being developed as a result of this meeting. While staff report that compliance with the Commercial Boarding and Breeding kennels is, for the most part, positive, staff have expressed concems respecting the licensing of Private Kennels. 2.0 PRIVATE KENNELS Historically the Private Kennel licence was introduced to provide the owners of multiple dogs an opportunity for savings on their animal licences. The cost of an annual dog licence ranges between $10 and $40. As there is no limit to the number of dogs owned by a person on lands zoned agricultural, and where the Responsible Pet Owner By-law requires that all dogs be licensed, the Private Kennel licence option was offered as a means by which the owner of the multiple dogs could comply with the licensing requirements through a Kennel Licence at an annual cost between $100 to $200. At the time that the Kennel Licence By-law was drafted, because kennel inspections had not routinely been a part of the licensing process, staff were unable to fully appreciate the operations of these "Private Kennels". CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-014-08 Page 3 By-law 2006-228 defines Private Kennel as: "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 clinic. 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." Upon conducting inspections of these private kennels in 2007 and now again in 2008, it appears that many of these facilities are really not kennels by definition. Officers conducting the inspections have found that the "Private Kennels" are typically people who want to have more than one dog, who are located on lands zoned agricultural, who mayor may not breed their dog(s), and who consider their dogs to be pets. As well, there are a few situations where the dogs are hunting dogs, sled dogs, or show dogs. To regulate these scenarios and to hold these owners to the same standards as commercial operations does not prove beneficial to the owners, the animals, or the Municipality. Experience thus far, has demonstrated that applying the Kennel Licensing By-law requirements to these situations is like trying to apply the requirements to the individual pet owner. It simply does not make sense. What is understandable, however, is that those persons who do have multiple pets, and who are located on agricultural zoned lands, be provided a means by which they can license their pets without having to pay an exorbitant fee. 3.0 ALTERNATIVE FOR VOLUME LICENCE RATE Given that it is mandatory that all dogs and cats are to be licensed, and staff concur with the concept of offering a reduced licence fee for multiple animals, a more appropriate means by which to accommodate this would be to amend Schedule A of The Responsible Pet Owner's By-law, By-law 2006-227, to include an "agricultural rate" (ie. bulk rate). By-law 2006-227 limits the number of dogs and cats a person may keep. However, these limits do not apply to persons on lands that are zoned agricultural. Therefore, the "Agricultural Rate" would only be available to those persons who provide proof of applicable zoning. 4.0 SUMMARY AND RECOMMENDED ACTIONS To regulate those existing "Private Kennels" does not appear to support the intent of the Kennel Licensing By-law, as noted earlier. It appears that licensing of "Private Kennels" was only instituted as a means to offer a volume rate for animal licences. 2008 is only the second Iincensing year under this relatively new by-law and therefore, staff acknowledge that there may be situations that have not yet been encountered that would justify the need for a "Private Kennel" category of licensing. REPORT NO.:CLD-014-08 Page 4 Based on the foregoing, staff recommend that the "Private Kennel" licensing requirements and enforcement thereof, be suspended for a period of two years, during which time staff shall monitor the implications of the suspension. At the end of the two- year monitoring period, staff shall report back to Council on the findings. In order to continue to offer a volume licensing fee, staff further recommend that By-law 2006-227 be amended to include a "Agricultural Rate" licence fee for qualified owners. Attachments 1. Draft By-law Interested parties 2007 Private Kennel Owners/Operators THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008-??? Being a by-law to amend By-law 2006-227, as amended, a by-law to licence, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein. WHEREAS Section 9(3)(b) of the Municipal Act confers the power upon a municipality, in exercising its powers to regulate and prohibit respecting a matter, to provide for a system of licences, penmits, approvals or registrations respecting the matter, and to impose conditions as a requirement of obtaining, continuing to hold or renew a licence, permit, approval or registration; AND WHEREAS Section 391 of the Municipal Act 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 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 Section 2 of By-law 2006-227 requires that every owner of a dog or cat within the Municipality of Clarington licence said animal and Section 6 of the same By-law allows for an unlimited number of cats and dogs to be kept by an owner on lands zoned agricultural; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate and desirable to establish a reasonable group rate licence fee for owners on lands zoned agricultural and where the owner keeps more than three dogs or more than three cats; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: THAT Schedule A to By-law 2006-227 be amended by adding the following licensing category and fees: Licence Fees Details Fee 9. Dog Agricultural Rate $100 (Rate offered where there are more than three dogs and where owner provides proof current rabies vaccination for each dog, and proof of zoning.) This is an annual licence and no discounts shall aODly. 10. Cat Agriculturai Rate $100 (Rate offered where there are more than three cats and where owner provides proof current rabies vaccination for each cat, and proof of zoning.) This is an annual licence and no discounts shall applv. By-Law read a first and second time this day of ,2008. By-Law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk