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HomeMy WebLinkAboutCLD-023-12 Clarington REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: - By-law#: Report#: CLD-023-12 File#: Subject: KEEPING OF POT BELLIED PIGS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-023-12 be received for information. Submitted by: Reviewed by: P tti ie Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-023-12 PAGE 2 1. BACKGROUND At a meeting of June 4, 2012, Council approved the following resolution: "THAT Report CLD-019-12 be received; THAT the Exotic Pet By-law 93-161 be amended to: a) regulate the keeping of pigeons including requirements pertaining to enclosures, banding, owner membership with a recognized pigeon organization, containment of the pigeons, and limiting the number of pigeons permitted within non-agriculturally zoned lands based on a maximum of 10 pigeons per 1.0 square metre of loft space; b) to provide for temporary permits for prohibited animals to be exempt from the provisions of the Exotic Pet By-law provided that all permit requirements are met to the satisfaction of the Municipal Clerk, or designate; c) amend Schedule A to permit the keeping of certain classes of animals; d) to provide that any pot bellied pig of a weight less than or equal to 100 lbs., that is spayed/neutered by the end of the registration period, and that was kept by an owner as a pet on land that is not in an Agricultural zone prior to the passage of the by-law be permitted, provided that proof of purchase is established before May 28, 2012 and registration be no later than June 30, 2012; THAT the draft by-law attached to Report CLD-019-12 be approved by Council; and THAT all interested parties be advised of Council's decision." On June 18, 2012 Council considered correspondence from Shannon Foote expressing concern with the lack of fairness regarding recent changes to the Responsible Pet Owners' By-law, as she made inquiries to the Municipality regarding the keeping of micro pet pigs prior to purchasing one and thus is prohibited from purchasing a micro pig, yet the by-law allows residents who were not in compliance with the by-law to keep their pets. Council passed the following resolution at the meeting of June 18, 2012 regarding Ms. Foote's correspondence: "THAT the request from Shannon Foote, for an exemption to the Exotic Pet By-law 93-161 to purchase a micro pot bellied pig, be approved; and THAT the Exotic Pet By-law be further reviewed." REPORT NO.: CLD-023-12 PAGE 3 2. POT BELLIED PIGS IN CLARINGTON Since the enactment of By-law 2012-045, a total of two (2) pot bellied pigs have been registered with the Municipality of Clarington. Since June, 2012, staff has received only one complaint regarding the prohibition of keeping of pot bellied pigs in the Municipality of Clarington. Staff has confirmed that the rules respecting the keeping of pot bellied pigs in neighbouring municipalities remain unchanged since June 2012. With respect to enforcement activities, since the enactment of By-law 2012-045 staff has responded to one incident involving a pot bellied pig wherein the owner was allowing the pig to run loose in the Clarington Leash Free Dog Park. Report CLD-019-12, deliberated by Council on June 4, 2012, detailed the reasons for staff recommending that pigs continue to be prohibited in urban areas, including public safety, safety and health of the pig, size unpredictability and enforcement resource limitations. These concerns remain today and as such it is staff's recommendation that the restrictions on pigs in urban areas within the Municipality of Clarington remain status quo. 3. CONCURRENCE — N/A 4. CONCLUSION It is in the interest of public safety and the welfare of the animals to regulate the keeping of exotic and non-domestic animals within Clarington. Clarington is a vibrant, caring community providing a varied geographic landscape. For the reasons expressed in this Report and Report CLD-019-12, staff respectfully recommends that the provisions of the Exotic Pet By-law 2012-045 remain status quo and that this Report be received for information. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachment: Attachment 1 — By-law 2012-045 Attachment 2 — Report CLD-019-12 List of Interested Parties - None ATTACHMENT# REPORT# L1�7 01 ciffftma REPORT MUNICIPAL CLERK'S ARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 28, 2012 Resolution#: ��"�aBy-law#: l '® " Report#: CLD-019-12 File#: Subject: EXOTIC PET BY-LAW AMENDMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1, THAT Report CLD-019-12 be received; and 2. THAT the Exotic Pet By-law 93-161 be amended to: a) regulate the keeping of pigeons including requirements pertaining to enclosures, banding, owner membership with a recognized pigeon organization, containment of the pigeons, and limiting the number of pigeons permitted within non-agriculturally zoned lands based on a maximum of 10 pigeons per 1.0 square metre of loft space; b) to provide for temporary permits for prohibited animals to be exempt from the provisions of the Exotic Pet By-law provided that all permit requirements are met to the satisfaction of the Municipal Clerk, or designate; c) amend Schedule A to permit the keeping of certain classes of animals; 3. THAT the draft by-law attached to Report CLD-019-12 be approved by Council; and 4. THAT all interested parties be advised of Council's decision. Submitted by: Reviewed by: 4icio e rankli n Wu, lerk Chief Administrative Officer P LB/CAG CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-019-12 PAGE 2 1. BACKGROUND At the meeting of June 20, 2011, Council approved the following resolution: "THAT Staff be requested to prepare a report regarding allowing exotic animals -to enter the Municipality for educational purposes." Since the passing of the above-cited resolution, Council has also referred correspondence regarding the keeping of pigeons and babydoll sheep to staff as well as delegation comments concerning the keeping of pigs and ferrets in urban areas. Clarington's Exotic Pet By-law 93-161 was enacted on October 12, 1993 and has only been amended once since its enactment, to address the changes to the Dog Owners' Liability Act requirements regarding restricted breeds. 2. EXOTICS WITHIN CLARINGTON 2.1 Background Since 1993 staff have received the occasional complaint regarding what is and what is not permitted within Clarington. Most often the complaints received suggest that our by-law is too restrictive and complainants believe that the type of animal which they are suggesting should be permitted as they are "gentle", "won't affect anyone else", "harmless", "allowed in other municipalities", or "my pet". In fact, however, many of the animals at issue are not gentle, will and can affect the health and safety of the residents of our community, may or may not be permitted in other municipalities, and as reported by the SPCA are often not cared for properly and in many cases the animal ends up abandoned. Most of the exotic animals require very specific environmental controls and feedback from industry experts indicate that sadly, the lay person becomes bored with their pet, or becomes overwhelmed with the burden of keeping,the pet, which results in either the pet not being kept properly or a need to surrender. A challenge certainly at this point is finding proper housing for the animal. Our role is to ensure that we provide a regulatory framework which will address the needs of the community as a whole. In researching the issue of exotics in Clarington, staff contacted several field experts including the Clarington Agricultural Advisory Committee, Durham Region Humane Society, a swine specialist with the Ministry of Agriculture, an amphibian and reptile specialist, and area pigeon racing clubs. Several other municipalities were also contacted to seek best practices. While much has changed in Clarington over the past 20 years, our community remains a vibrant blend of three major urban centres connected and surrounded by rural areas. This geographic landscape offers our residents a variety of housing choices, unique from other municipalities within Durham Region. REPORT NO.: CLD-019-12 PAGE 3 2.2 Keeping of Pigeons Under the existing by-law there are no restrictions on the keeping of pigeons within the Municipality of Clarington. Occasionally staff have received complaints regarding pigeons within the community. Generally the complaints involve the pigeons perching and defecating on property other than the owner's. All municipalities within Durham Region, with the exception of Clarington, allow pigeons but not unconditionally. Generally speaking, the conditions placed on the pigeon owner require that: • Pigeons can only be outside for daily flight • Pigeons must eat within their enclosure (eg. coop, loft, etc.) • The enclosure must be kept in good repair • The enclosure is maintained in a sanitary state with pigeon droppings being regularly disposed • Pigeons must be banded • The owner must be an active member in good standing of a recognized pigeon club Staff met with representatives of the local pigeon clubs to better understand the pigeon needs and the activities relative to pigeon racing and sought their feedback on the draft proposed standards for the keeping of pigeons. Staff is recommending that the by-law be amended to regulate the keeping of pigeons to incorporate those conditions stated above as well as requirements pertaining to owner membership with a recognized pigeon-organization; containment of the pigeons; and limiting the number of pigeons permitted within non-agriculturally zoned lands based on a maximum of 10 pigeons per 1.0 square metre of loft space. All local organizations have confirmed they are in support of the proposed draft changes. 2.3 Livestock Within Residential Areas Clarington's current Exotic Pet By-law permits the keeping of livestock animals only on agriculturally zoned land where the size of land is at least five acres. Within Durham Region, pot-bellied pigs are also not permitted in urban areas in Oshawa, Ajax, and Whitby. No municipalities in Durham Region permit the keeping of sheep in urban areas. Recently staff have received one request to keep "baby doll sheep" and two requests to keep pot-bellied pigs or "miniature/tea cup" pigs within the residential areas within Clarington. The keeping of livestock, specifically sheep and pigs, within the urban areas of Clarington was discussed with the Clarington Agricultural Advisory Committee (CAAC). While the Committee did not pass a resolution regarding pigs in urban REPORT NO.: CLD-019-12 PAGE 4 areas, as they believed this to be outside of their mandate, there was a general consensus that the keeping of sheep would be most inappropriate as they are companion animals and need to be a part of a flock, require a significant amount of care, require space for grazing, and would be imposing on neighbours. The Committee, however, in considering pigs in the urban area, felt that generally speaking they are quiet and clean animals that would not be imposing on neighbours and could potentially make a good pet. While the swine expert with the Ministry of Natural Resources and other resources agreed with the comments of the CAAC, they did raise other issues to be considered including breed control, size, safety, security, and herding instincts. (a) Breed Standards & Size — Unlike with dogs where the size and characteristics are standardized by breed, there are no breed standards for pot-bellied pigs or miniature/tea cup pigs, which creates one of the most significant issues. Unsuspecting people acquire their "pet" pig thinking it will remain small. This is often not the case. According to the swine expert, the pigs tend to grow to the extent of their nutritional ability. In other countries, where food is not readily available to these types of animals, the pigs stay small, perhaps 15-25 lbs. In Canada, however, where food and nutrition is readily available, the pigs grow much bigger and can exceed 900 lbs. (b) Care and Safety — Pigs require a different type of care than traditional pets, and as such, resources to assist in caring for the pig may not be as readily available. For example, a dog owner has several options for care should the owner be away on vacation. The pig owner may find it difficult to find an option for care for the pig. (c) Herding Instincts — Pigs are by nature, a very social herding animal and therefore stresses can trigger their strong defensive instincts. To quote the swine expert, the pig will "defend its turf to the death". While this may sound rather dramatic, coupled with the significant size of the adult pigs, a stressed pig could pose a safety threat. A swine specialist vet was also contacted, and he confirmed that pigs would not pose any zoonotic (ie, infectious disease) threat to the community if kept in an urban setting. In addition to contacting the industry experts and other area municipalities, staff reviewed and contemplated the significant amount of information received by the Brunelle/Willoughby family; who are promoting the keeping of pigs within the urban areas of Clarington. Clarington Animal Services currently provides services to our community including enforcement of animal related by-laws, sheltering of strays, adoptions, and public education. These services deal primarily with domestic animals (ie dogs and cats), REPORT NO.: CLD-019-12 PAGE 5 but may also provide advice and recommendations pertaining to wildlife and exotic animals. In reviewing with our Animal Services Officers the possibility of permitting sheep and/or pigs to be kept within the urban areas of our community, in addition to the concerns discussed earlier in this report, Officers raised concerns that if pigs are permitted it is a reasonable expectation that requests for other livestock will soon follow and create further challenges in assessing suitability, property size, impact on neighbours, and safety for the community and the animals. Our current level of training and expertise does not include livestock, and to permit livestock within the urban areas would either necessitate additional training, accommodations to be acquired/built to house and keep stray livestock, or would increase the level of service currently handled by our appointed Poundkeeper. In fact, recently in Clarington our Poundkeeper was called in to capture a stray pot- bellied pig. "Kingston" as he was fondly named, was captured, housed and auctioned in accordance with the Pounds Act. He was purchased by an animal sanctuary outside of Clarington. The cost for the Poundkeeper's services totaled in excess of $800. We can make a pet of any animal. Pigs and sheep are livestock. Clarington offers a variety of housing options for its residents including low, medium and high density as well as agricultural properties. While pot-bellied or miniature/teacup pigs are considered clean, relatively quiet and require very little exercise, they can and often exceed their size and weight expectations which can pose a safety threat to their owners and the community and which can make them less desirable as a pet. Sheep are animals that thrive on socializing in a flock and require considerable maintenance. For these reasons, it is recommended that the request to amend the Exotic Pet By-law to permit the keeping of pigs and sheep in urban areas be denied. 2.4 Prohibited Exotic Animals Schedule A of the current Exotic Pet By-law details the prohibited animals in Clarington. The schedule could be rather confusing for the lay person, and as such has been reorganized and simplified in the proposed by-law. The types of animals being kept as pets is becoming more and more unusual. In recent years the keeping of exotic pets in some jurisdictions has created significant issues for the residents as well as enforcement units. Fortunately Clarington has not encountered many issues concerning exotic pets and staff believes that the current by-law provisions are for the most part appropriate for Clarington. That said, staff reviewed the lists of prohibited animals from all municipalities within Durham Region and several municipalities within Ontario beyond Durham Region (including Ottawa, Kawartha Lakes, Peterborough, Toronto, Cobourg and Port Hope) and compared them to Clarington's list. Our review of the prohibited list of animals contemplated these new pet trends while ensuring the safety and well-being of our residents and the animals. Although the layout and format of the list may vary REPORT NO.: CLD-019-12 PAGE 6 significantly from municipality to municipality, there were very few differences in the types of animals prohibited. To ensure our by-law remains current, there are three areas that have been identified where updates to Clarington's list of prohibited animals would be appropriate. a) The keeping of ferrets Our findings concluded that the keeping of ferrets would not pose any threat to the community and would have little to no impact on neighbours as the animals are typically housed indoors. Municipalities who permit ferrets confirmed they have had no reportable issues with ferrets in the community. Degus and chinchillas are members of the same Class and Order of animals as the ferret and research indicates that those municipalities permitting ferrets also permit degus and chinchillas. As such, staff are recommending that ferrets, degus and chinchillas be permitted to be kept within the Municipality of Clarington. b) The keeping of venomous vertebrates Our current by-law prohibits the keeping of venomous invertebrates (animal species that do not develop a vertebral column — eg. scorpions) but is silent on the keeping of venomous vertebrates (animal species that develop a vertebral column — eg. Some fish and shrews). To be consistent and to ensure the safety and well-being of the community, staff are recommending that venomous vertebrates be included in the list of prohibited animals. c) The keeping of constricting snakes Our current by-law prohibits the keeping of venomous snakes and all snakes of the Family Boidae (commonly referred to as a Boa). The by-law is silent, however, on other constricting snakes outside of the Family Boidae. The intent of these prohibitions, as stated throughout this report, is to ensure the safety and well-being of the community, and therefore staff are recommending that the prohibition extend to all constricting snakes greater than two metres in length. 3. TEMPORARY EXEMPTION PERMITS FOR EDUCATIONAL PURPOSES The current Exotic Pet By-law does not provide for any temporary exemptions. The Cities of Pickering and Ottawa provide for temporary exemptions for the purposes of education as well as other short-term entertainment events. Staff is recommending that the by-law be amended to provide for a permit process for persons who are not otherwise permitted to keep or bring exotic animals into Clarington, and who wish to carry on an Exotic Animal Entertainment Event within Clarington. An Exotic Animal Entertainment Event is defined in the draft by-law to REPORT NO.: CLD-019-12 PAGE 7 mean any exhibit, public show, circus or carnival or educational event using live exotic animals as well as any film or television production. An example of a person who would be required to apply for a permit includes an exhibit at an event in Clarington conducted by a zoo located outside of Clarington. The intent of the permit process is to ensure the safety and well-being of our community and the animals used in the event. This will be done through an application and approval process. Part of the application will require the applicant to detail the date, time and location of the event, all the animals (and their particulars) used in the event, a description of their housing, cleaning and general care, and safety and emergency measures for containment and first aid. Additionally, the application will be required to provide proof of insurance, proof of inspection by an inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, written confirmation from Fire and Emergency Services and the Regional Health Department, and an application fee. The recommended application fee of $50 will cover administrative costs for processing the application and any necessary inspections. 4. CONCURRENCE — This report has been reviewed by Andy Allison, Municipal Solicitor who concurs with the recommendations. 5. CONCLUSION It is in the interest of public safety and the welfare of the animals to regulate the keeping of exotic and non-domestic animals within Clarington. Clarington is a vibrant, caring community providing a varied geographic landscape. Comments and submissions from residents concerning the various elements of the by-law have been considered and incorporated into the draft by-law where it has been deemed in the best interest of our community as a whole. For the reasons expressed throughout this report, staff respectfully recommend that the Exotic Pet By-law be amended as follows: to restrict the number of pigeons permitted within non- agriculturally zoned lands; to provide for temporary permits for Exotic Animal Entertainment Events; to amend the list of prohibited animals to permit ferrets, degus, and chinchillas, and to prohibit venomous verterbrates and non-venemous constricting snakes. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachment: REPORT NO.: CLD-019-12 PAGE 8 Interested Parties: A. Allison, Municipal Solicitor D. Crome, Director, Planning Services G. Weir, Director, Emergency and Fire Services Durham Region Health Department Durham Region Humane Society Dan Horner, Oshawa Racing Pigeon Club Keith Woolner, Bowmanville Inv. Racing Pigeon Club Bill Hyder, Clarington Inv. Racing Pigeon Club Shannon Foote Kim McDonald Jaime Neeb Libby Racansky Carolyn Willoughby ATTACHMENT# THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT �. BY-LAW 2012-045 Being a by-law prohibiting and regulating the keeping of certain animals within the Municipality of Clarington WHEREAS subsection 11(3) of the Municipal Act, 2001 authorizes the Municipality to pass by-laws respecting animals; and WHEREAS subsection 8(3)of the Municipal Act, 2001 authorizes the Municipality to provide for a system of licences respecting animals; and WHEREAS section 103 of the Municipal Act, 2001 permits the seizure and impounding of animals being at large or trespassing contrary to the by-law and for the sale of such animals; and WHEREAS the Municipality wishes to ensure the safety, health and well-being of its residents by prohibiting the keeping of certain animals and regulating how certain other animals can be kept. NOW THEREFORE the Municipality enacts as follows: PART I -INTERPRETATION Definitions 1. In this by-law, including its recitals, "Agricultural Zone"means land designated 'Agricultural(A)' in a Zoning By-law; "Animal"means any member of the animal kingdom other than a dog or cat as defined in the Municipality's Responsible Pet Owners By-Law No. 2006-227; "Animal Services Officer"means a Municipal Law Enforcement Officer appointed by Council to enforce this by-law; "at large", in relation to an Animal, means an Animal found on any property other than the Animal Owner's property(unless prior consent is given by the person owning the property)that is not under the physical control of a person; "Council"means the Council of the Municipality; "keep"means to temporarily or permanently harbour, have custody of, maintain, possess or store; "Livestock"means those Animals listed in Schedule"B"; "Municipal Act, 2001"means the Municipal Act, 2001, S.O. 2001, c.25; "Municipal Clerk"means the Clerk of the Municipality or a designate; "Municipality"means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "Owner"means a person who keeps an Animal and, where such person is under the age of 18,the person responsible for the custody of such person; "person" includes an individual, association,firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives; -2- "Prohibited Animal"means an Animal in a Class or Category identified in Schedule"A"other than any exceptions listed in Schedule"A"and Livestock; and "Zoning By-law"means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. PA 3 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109. References 2. Reference to any Act, regulation or By-law is reference to such Act, regulation or By-law as it is amended or re-enacted from time to time. 3. References to Parts, sections, subsections and Schedules are references to Parts, sections, subsections and Schedules of this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6. The following Schedules are attached to and form part of this by-law: Schedule"A"—Prohibited Animals Schedule"B"—Livestock Schedule"C"—Impound Fee Schedule Schedule"D"—Exotic Animal Entertainment Event Permit Requirements Severability 7. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Conflict 8. Nothing in this by-law is intended to derogate from any of the powers of the Ministry of Natural Resources to regulate wildlife under the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41 or the powers of a poundkeeper under the Pounds Act, R.S.O. 1990, c. P.17. 9. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. PART II—PROHIBITIONS General 10. No person shall keep a Prohibited Animal in the Municipality. 11. No person shall keep Livestock on land that is not in an Agricultural Zone. -3- 12. (1) In this section, "dwelling unit"means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one or more persons containing its own kitchen and sanitary facilities with a private entrance from outside the unit itself, and includes any land associated with such unit; and "Exempt Animal"means an Animal listed as an Exception in Schedule"A" other than Pigeons. (2) No person shall keep more than three Exempt Animals within the same class that are greater than 12 weeks old within any single dwelling unit. 13. No Owner shall allow their Animal to be at large in the Municipality. Exceptions 14. Sections 10, 11 and 12 shall not apply to, (a) a Municipal animal shelter; (b) the premises of an affiliate or branch of the Ontario Society for the Prevention of Cruelty to Animals; (c) the premises of an accredited veterinary hospital under the care of a licensed veterinarian; (d) the premises of the Bowmanville Zoo; (e) premises accredited by the Canadian Association of Zoos and Aquariums; or (f) persons keeping an Animal under the authority of the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41 or the Canadian Wildlife Service. 14.1 Section 11 shall not apply to any pot bellied pig provided, (a) its weight does not exceed 100 pounds; (b) prior to the passage of this by-law it was kept by an Owner as a pet on land in the Municipality that was not in an Agricultural Zone; (c) its Owner proves that it was purchased prior to May 28, 2012; (d). it was registered with the Municipality no later than June 30, 2012; and (e) it was spayed/neutered prior to June 30, 2012. Control of Animals 15. Any person may take possession of an Animal found at large and shall forthwith deliver the Animal to an Animal Services Officer. 16. An Animal Services Officer may seize and impound, (a) any Animal found at large or delivered to the Municipality by a person who found the Animal at large; (b) any Prohibited Animal; or (c) any Livestock on land that is not in an Agricultural Zone. -4- 17. (1) In this section, "Redemption Period"means 5 days from the day that an Animal is impounded (not including the day of impounding or any day that the Clarington Animal Shelter is closed). (2) When an Animal has been impounded by an Animal Services Officer, such Animal shall remain impounded for the duration of the Redemption Period. (3) If any impounded Animal is not claimed on or before the last day of the Redemption Period,the Animal Services Officer may, at that Officer's discretion and subject to the Animals for Research Act, R.S.O. 1990, c. A.22, destroy or sell the Animal. 18. Nothing in this by-law shall prevent an Animal Services Officer from destroying an Animal that is suffering illness or injury and, in the Animal Services Officer's opinion,will not humanely sustain life. 19. Where the Animal Services Officer deems it necessary to euthanize an Animal pursuant to section 18,the Officer shall first make every reasonable attempt in the circumstances to contact its Owner. 20. The Municipality shall keep a record of all Animals seized and impounded pursuant to this by-law. 21. An Animal Services Officer may restore possession of an impounded Animal to a person claiming to be the Owner of the Animal only where such person, (a) demonstrates that the place in which they intend to keep the Animal is within an area of the Municipality where the keeping of the Animal is permitted; and (b) pays to the Municipality the impound and daily care fees set out in Schedule"C"together with any other costs incurred by the Municipality for the housing and caring for the Animal, including the cost of any of veterinary care that the Animal Services Officer deemed necessary. Minimum Animal Care Requirements 22. Every Owner who keeps an Animal in the Municipality shall provide the Animal, or cause it to be provided,with adequate and appropriate care,food,water, shelter, exercise, attention and veterinary care as is required to meet the need of the species. PART III -PIGEONS Definitions 23. In this Part, (a) "Pigeon Owner"means a person who owns and keeps Pigeons; (b) "Pigeon Enclosure" means an accessory building, as defined under the applicable Zoning By-law, that is used for keeping Pigeons; and (c) "Pigeon" means any member of the of the Columba genus, commonly referred to as racing pigeons,fancy pigeons and sporting pigeons. -5- Pigeon Organization Affiliation 24. Every Pigeon Owner shall, (a) be a member of a recognized pigeon organization which is affiliated with a national pigeon organization; (b) band their Pigeons with a metal or plastic leg band; and (c) register their Pigeon band numbers with an organization described in clause (a). 25. Section 24 does not apply if the Pigeon Owner keeps fewer than 20 Pigeons. 26. Every Pigeon Owner who owns fewer than 20 Pigeons shall band their Pigeons with either a seamed or seamless band to identify the Pigeons as being owned. Enclosure Requirements 27. Every Pigeon Owner shall keep their Pigeons in a Pigeon Enclosure that, (a) provides for a minimum of 1.0 square metre of loft space for every 10 Pigeons; and (b) complies with all requirements set out in the applicable Zoning By-law including size, height and setbacks. 28. Every Pigeon Owner shall, (a) maintain the Pigeon Enclosure in a state of good repair through regular painting or permanent siding; (b) maintain all equipment associated with the keeping of Pigeons under cover; (c) lime wash, paint or disinfect the inside walls and ceilings of all Pigeon Enclosures; (d) remove and dispose of in a sanitary manner on a regular basis, at least twice each week, in a manner that will not create a public nuisance or health hazard, all Pigeon droppings and refuse within or adjacent to all Pigeon Enclosures and runs; and (e) store all Pigeon feed in rodent-proof containers. Containment 29. Pigeon Owners shall take all reasonable steps to ensure their Pigeons do not stray, perch, roost, nest or rest upon any premises other than on premises of the Pigeon Owner. 30. Pigeon Owners shall keep their Pigeons contained in a Pigeon Enclosure except when they are liberated in a controlled fashion using a one-way trap for re-entry into a Pigeon Enclosure. 31. No Pigeon Owner shall feed the Pigeons outside of their Pigeon Enclosure. 32. No Pigeon Owner shall keep any Pigeon afflicted with an infectious or contagious disease, unless under conditions approved by the Medical Officer of Health. -6- PART IV—EXOTIC ANIMALS Definitions 33. In this Part, "Exotic Animal" includes Prohibited Animals, Livestock and "wildlife"as that term is defined in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41; "Exotic Animal Entertainment Event" means any exhibit, public show, circus, carnival or other display or act of entertainment or education using any live Exotic Animal and includes the use of any such animal in any film or television production within the Municipality; "Permit"means a permit issued by the Municipal Clerk for an Exotic Animal Entertainment Event in accordance with this Part; and "Permit Holder" means a person to whom a Permit has been issued and includes such person's employees, directors and agents. Permit Requirement 34. No person shall operate or carry on an Exotic Animal Entertainment Event without a Permit. 35. A separate Permit shall be required for each location at which an Exotic Animal Entertainment Event occurs. Permit Applications 36. Every Permit application shall, (a) provide all of the information listed in Schedule"D"; (b) be accompanied by the fee prescribed for a Permit which is$50.00; (c) provide written proof, satisfactory to the Municipal Clerk, that the applicant is the owner of the property on which the Exotic Animal Entertainment Event is to occur or written permission from the owner of the property; and (d) include such other information as the Municipal Clerk may require to properly assess the application. Permit Approvals 37. The Municipal Clerk may approve or refuse any Permit application, and may impose any conditions upon an approval as she determines to be appropriate. 38. A Permit shall be valid only for the date or dates,time or times, and location identified in the Permit. 39. Unless specifically provided otherwise, every Permit shall be subject to the following conditions: (a) The Permit Holder shall indemnify and save harmless the Municipality from any and all claims, demands, causes of action, losses, costs or damages, including third party personal injury claims, that the Municipality may suffer, incur or be liable for resulting from the issuance of the Permit whether with or without negligence on the part of the Permit Holder. -7- (b) The Permit Holder shall only exhibit or use the number and type of Exotic Animals listed in the application. (c) The Permit Holder shall only exhibit or use Exotic Animals using protective devices that are adequate to prevent the Exotic Animals from escaping or injuring the public. (d) The Permit Holder shall provide the Exotic Animals with a species- appropriate living environment. (e) The Permit Holder accepts full responsibility for any Exotic Animal that escapes from custody and agrees to take the necessary action to contain such Animal and to ensure public safety. (f) The Permit Holder shall ensure that all enclosures used to keep the Exotic Animals are kept suitably illuminated and ventilated. (g) The Permit Holder shall comply with all event plans included in the application. (h) Upon being so ordered by any emergency services personnel(police, fire or health)or an Animal Services Officer,the Permit Holder shall immediately terminate the Exotic Animal Entertainment Event. 40. A Permit Holder shall comply with all conditions of a Permit. 41. The Municipal Clerk shall refuse to issue a Permit where, (a) the applicant is not at least 18 years of age; (b) the applicant has not provided written proof of commercial general liability insurance in an amount of not less than$5,000,000 with the municipality as an additional insured, from an insurer licensed to provide insurance in the Province of Ontario, covering the applicable time period of the permit; (c) the Exotic Animals involved in the Exotic Animal Entertainment Event have not been inspected by an inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36; or (d) the Exotic Animals involved in the Exotic Animal Entertainment Event have been inspected by an inspector appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. 0.36 and such inspector has determined that the applicant is not in compliance with such Act. 42. The Municipal Clerk shall not issue a Permit unless the Fire Department has provided written confirmation that they have no objection to the issuance of the Permit. 43. The Municipal Clerk may refuse to issue a Permit where, (a) the application is submitted less than 28 days before the Exotic Animal Entertainment Event is scheduled to occur; or (b) the promoter of the Exotic Animal Entertainment Event is not a member of, or accredited by, either the Canadian Association of Zoos and Aquaria, or the American Zoo and Aquarium Association, or otherwise licensed by an appropriate authority. -8- Revocation of Permit 44. The Municipal Clerk may revoke a Permit if, (a) the Permit was issued in error; (b) any condition contained in the Permit is not being complied with; or (c) the Permit was issued as the result of false, mistaken, incorrect or misleading statements, information or undertakings in the application. 45. If a Permit is revoked, the application fee shall not be returned to the applicant. Exceptions 46. A Permit shall not be required for, (a) petting zoos, agricultural shows or exhibits, pet shows and other like shows provided that the Animals used in the event are not Exotic Animals; (b) public events involving Exotic Animals where the promoter of the event is (i)the Owner of the Exotic Animals; and (ii)the owner of premises in the Municipality that are exempt under clause (c), (d) or(e)of section 14; or (c) public shows involving Exotic Animals that are under the care and control of a person who is exempt under clause(f)of section 14. Transfer 47. Permits are not transferable. PART V-ENFORCEMENT Inspections 48. An Animal Services Officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 49. No person shall prevent, hinder, or interfere or attempt to prevent, hinder, or interfere with an inspection undertaken by an Animal Services Officer. Offences and Penalties 50. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S,O. 1990, c. P.33. PART VI -GENERAL Short Title 51. The short title of this by-law shall be the"Exotic Animal By-Law". Repeal 52. By-law No. 93-161 is repealed. -9- Effective Date 53. This by-law shall be effective on the date that it is passed. By-law passed this 4th day of June, 2012. A rian r er, Mayor Pa i L ar ' , Municipal Clerk - 10- Schedule"A" PROHIBITED ANIMALS CI 6 A R RIG sLli�4 � �.. .. . MAMMALIA ALL Domestic hamsters, mice, rabbits, rats, (MAMMALS) degus, gerbils, ferrets, chinchillas and guinea pigs. REPTILIA ALL Non-venomous constrictor serpents, (REPTILES) other than a member of the Boidae, that are less than two (2) metres in length. Non-venomous lizards that are less than two (2) meters in length from snout to tip of tail. AMPHIBIA ALL Non-venomous Anura (frogs and toads) (AMPHIBIANS) and Caudate(salamanders and newts). AVES ALL Orders of birds kept as household pets (BIRDS) including Passeriformes (perching birds and song birds), and Psittaciformes (parrots). Pigeons as defined in section 23. INSECTA ALL All non-venomous insects including non- (INSECTS) venomous Arachnida (spiders)and Chilopoda (centipedes) SALT AND FRESH ALL VENEMOUS None WATER ORGANISIMS VERTEBRATES AND INVERTEBRATES - 11 - Schedule"B" LIVESTOCK Set out in this Schedule are some of the names of animals included in the Order of animals referred to. The common names are provided for illustration purposes only and are not intended to limit the extent of the Order. Class: MAMMALIA(MAMMALS) ORDER.,Artgdact",la.'Even-toed.;hoofedAnimals, Suidae all pigs, warthog Camelidae llama, alpacas Bovidae sheep, oat, bison, cattle ODDER :;Carnivora':CarnWorqus land Mammals, Mustelidae mink,fisher, marten ORDER...`Rerssidac .la.'O`dd'toed hoofed Animals E uidae horse, ass, mule Class: AVES(BIRDS) ;ORDE,R.:Paleo nath'ae.o.r,Ratrtes ,�, -� `<� Struthoformes ostriches Rheiformes rheas Casuariformes cassowaries, emus Apterygiformes kiwis Anseriformes ducks, geese, swans,screamers Galliformes chickens, partridge,pheasants, grouse, uineafowls, turkeys - 12- Schedule"C" IMPOUND FEE SCHEDULE Impound Fee $50.00 Daily Care Fee $15.00/day (Every impounded Animal is subject to a charge for every day or part of a day after the day the Animal is impounded Third-party Daily Care Fee At cost as charged by the third-party (Where a Prohibited Animal is impounded and a third party is contracted to care for the Animal, the third-party care fee shall be charged for every day or part of a day the Animal is cared for by the third art - 13- Schedule"D" EXOTIC ANIMAL ENTERTAINMENT EVENT PERMIT REQUIREMENTS Information to be included in an Exotic Animal Entertainment Event Permit Application: 1. Date(s) of the Exotic Animal Entertainment Event provided that,where the event occurs on more than one date, the dates are consecutive and do not exceed 3 days 2. Location of the Event 3. Name, address and phone number of the applicant 4. Name, address and phone number of the registered owner of the premises, and written permission of the owner if different than the applicant 5. Times of commencement and termination of the Event 6. Expected attendance at the Event 7. An inventory of the Exotic Animals which will be used in the Event including, for each Exotic Animal, the following information: (a) species; (b) description; (c) age; (d) gender; (e) name; (f) weight in kilograms; and (g) a description of the performance or act in which the Exotic Animal is involved. 8. Event Plans including, (a)the location and particulars of the premises where the Event is taking place; (b) a description of the housing, cleaning procedures and general care of the exotic animals involved,which is appropriate to the species involved; (c) the distance between the Exotic Animal acts and the spectators and crowd control measures; (d) First aid logistics and medical equipment availability; and (e) Protocol for controlling and containing any Exotic Animal.