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HomeMy WebLinkAboutCLD-007-08Cj~j~~~p~ REPORT Lead~ngthe Way CLERK'S DEPARTMENT Meeting: Council ~~sUl~~~ ~' -b~do-o8 Date: Monday, February 11, 2008 Report #: CLD-007-08 File #: By-law #: Subject: Request for Review of Kennel Licence Requirements RECOMMENDATIONS: It is respectfully recommended that Council accept the following: 1. THAT Report CLD-007-08 be received; 2. THAT the licencing requirements set out in the Kennel Licencing By-law 2006-228 be upheld; 3. THAT Mr. Ari Rotman's appeal to the licencing requirements be denied; and 4. THAT Mr. Ari Rotman be advised of Council's decision. ~ j~~~ , , >- Submitted by: ~att~i,~.'~ rn , CMO Reviewed by: Municipal Clerk PLB"LC t-- ~Q~ ~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLD-007-08 Page 2 of 6 BACKGROUND Mr. Rotman operates a boarding kennel on his property at 7345 Thompson Road. His operation has been licenced since 2004. On December 18th,2006, the Municipality replaced the then existing By-law which regulated the operation of all kennels within the Municipality with a new By-law which sets out specific requirements for the housing and daily care of animals. Premises must to be inspected to determine compliance with the By-law's regulations prior to the issuance of a licence. Realizing that it may take time for some of the Kennel operators to institute all the changes and improvements in order to bring their operations into full compliance, section 5.4 of the By-law allowed Kennel owners who were licenced under the preceding by-law an extension of one year to make the necessary upgrades or improvements. Mr. Rotman's kennel operates out of a large metal Quonset hut. In 2004 he had received a Building Permit for the structure. At that time he was required to enter into a Site Plan agreement for the commercial operation, which he did. In March 2007 officers from Animal Services and Municipal Law Enforcement conducted routine licensing inspections on the various kennel facilities within the Municipality. As part of that inspection process, the officers attended at Mr. Rotman's property. The officers noted at that time that the floor was composed of a smooth concrete material with no visible slope and no drainage provided. When asked, Mr. Rotman indicated that he used a mop and bucket with a vinegar and water solution to clean up the dog urine and feces. The concrete pad has an underlying system of electrical cables which heat the floors throughout the building. REPORT NO.:CLD-007-08 PAGE 3 OF 6 The individual kennels were made of large barred enclosures. Without adequate drainage, animals can be left to sit or lie in their own excrement. The walls separating the kennels were not solid, thus allowing any liquid on the floors to run freely from one enclosure to another. Section 2.11.1(c) of By-law 2006-228 states that floors shall be of smooth concrete finish or similar material and shall be adequately sloped to drains. Rotman was advised that he would have to ensure that this was corrected before the end of the 2007 licence year. Mr. Rotman indicated to the officers that any work to create floor drainage would be too expensive to be able to undertake. On April 13, 2007 and again on June 21g~ Mr. Rotman was advised in writing that, while his licence would be issued for 2007 it would not be eligible for renewal in 2008 unless the drainage work was completed. Subsequent to that letter, staff have attended the property and noted that more work has taken place. Floor tiles had been added but there had been no work on the drainage concern. Staff have received a letter from Mr. Rotman stating that he wishes to appeal to Council for exemption from the requirement for the floor drains. ISSUES The policies and kennel requirements listed in the by-law were formulated using the Canadian Veterinary Medical Association's "Code of Practice for Canadian Kennel Operations" as well as the years of experience on the part of both the Animal Services Officers and the local Kennel operators. The guidelines and recommendations clearly include the installation of floor drains to facilitate runoff and to assist in cleaning. The lack of any adequate slope and drainage creates a potential health risk for the animals and their owners. In 2003, the Montreal area suffered an outbreak of leptospirosis which resulted in the destruction of more than 150 dogs. This is a disease which has been steadily spreading westward from the Maritimes and Quebec, the definition of which is as follows: REPORT NO.:CLD-007-08 PAGE 4 OF 6 "Leptospirosis is an infectious disease that affects humans and animals. It results in a wide range of symptoms, and some people may have no symptoms at all. It is caused by aspiral-shaped bacterium (spirochete). Symptoms include high fever, chills, muscle aches, headache, vomiting, diarrhea, and jaundice (yellow skin and eyes). A definitive diagnosis requires laboratory testing of a blood or urine sample. Early detection is important because the disease can cause serious complications if not treated early in its course. These include kidney damage (nephrosis), meningitis (inflammation of the tissue around the brain or spinal cord), respiratory distress and/or liver failure." Source: BC Health Guide Animals infected with leptospira mainly eliminate these bacteria in the urine, but the organisms can also be present in amniotic or birth fluid, and in certain animal tissues. Transmission of the disease to other animals and people can occur if leptospira bacteria come in contact with mucous membranes (specialized skin in eyes, nose, mouth) or broken skin. Water, food, soil or mud contaminated with infected urine can also serve as a source of infection, as can infected fluids that are sprayed into the air and breathed in. Without a method of isolating and removing potentially contaminated fluids from each individual enclosure, the operator risks infecting all the animals within the kennel. In addition, other animal diseases such as Canine parvovirus (CPV) are easily spread in such a situation. CPV is a contagious virus affecting dogs. The disease is highly infectious and is spread from dog to dog by physical contact and contact with feces. It can be especially severe in puppies. Symptoms of heart failure usually emerge in puppies less than eight weeks old. The virus attacks the heart muscle and the dog dies suddenly of heart failure. STRUCTURAL CONCERNS The in-floor heating system poses a problem for the owner who may have to cut through the heating coils to install drains. However, depending on the orientation of the coils in the floor, it may be possible to cut a channel between the coils and install the drains. REPORT NO.:CLD-007-08 PAGE 5 OF 6 The addition of floor tiles over the concrete is an unnecessary complication. Mr. Rotman was well aware of the drainage problem before he went ahead and installed the tiles. In addition, it is unknown if the grout used on the tiles is completely waterproof. If it is not the grout will, in time, become a breeding ground for numerous bacteria. Mr. Rotman spoke to staff on several occasions. He has raised the question, if the floor drains were so important why was he allowed to build the structure without them in the first place? The topic might have come up during the building permit inspections, however, the Municipality's records show that he never called for any inspections as required in the Building Code. Attached to this Report are two photographs which illustrate the flooring situation and lack of drainage. It should also be noted that the floor drain requirement was a new addition to the Licencing by-law in 2006. As stated previously, Mr. Rotman was given one year to comply with the Licencing requirements and has done nothing to alleviated the situation. COMMENT AND CONCLUSION While it is unfortunate that the by-law's requirements will cost Mr. Rotman a considerable amount of money, it is a situation that he could have avoided or at least mitigated when he first spoke to staff about opening his kennel. The use of floor drains in kennels is a common occurrence. It may still be possible to alter the existing kennel floor in some way to provide isolation of the liquids and runoff to a floor drain. That will depend upon the underlying structure of the heating coils, their depth and separation between rows. Any corrective measures will require work and some cost to Mr. Rotman. Given the health concerns and the simple sanitation for the dogs themselves, staff do not believe that any exemption to the by-law requirements should be allowed. REPORT NO.:CLD-007-08 PAGE6OF6 Attachments: Two interior photographs of kennel flooring Interested parties to be advised of Council's decision: Mr. Ari Rotman Ii ~~ ,~w~.