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HomeMy WebLinkAboutCLD-029-12 Clarington REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 15, 2012 Resolution#: C Ai -4*48'3-1 - By-law#: Report#: CLD-029-12 File#: Subject: VENDING MACHINE IN CLARINGTON LEASH FREE PARK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-029-12 be received; 2. THAT the request of Emily Potter to install a vending machine in the Clarington Leash Free Park be denied; and 3. THAT all interested parties listed in Report CLD-029-12 be advised of Council's decision. Submitted by: 4L Reviewed by: at ie 6' rankli� Wu, unici 1 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-029-12 PAGE 2 1. BACKGROUND In May 2011 Council enacted By-law 2011-057 which sets forth the rules of conduct to be followed by every person using the Leash Free Park in Clarington. Staff worked in cooperation with a group of residents and collectively they drafted rules for the park. During this process they considered their personal experiences in other leash free parks, rules established by other municipalities, feedback from those municipalities respecting their rules, and any significant incidents involving leash free parks. Clarington's park rules have proven successful, in that staff has not experienced any significant incidents since the opening of the park on May 4, 2012. That said, the most frequent rule violations are taking children under the age of 6 and taking food into the fenced park area. While persons being corrected by an Animal Service's Officer are not happy to be directed to remove their children or food from the park, staff report that compliance has been achieved in every case without laying any charges. On July 3, 2012, during a routine patrol of the Leash Free Park an Animal Services Officer discovered a vending machine containing dog biscuits had been placed within the fenced Leash Free area. No one in the park claimed ownership of the vending machine. The Officer called the Canadian Paraplegic Association as their number was posted on the vending machine. They confirmed that their records did not show the - machine as being active. The machine was removed from the park. A second number on the machine was called, being Emily Potter's, and the person who took the call was advised that the machine was not permitted in the Leash Free Park. Given that the label on the machine indicated that the money was going to charity, and given that that charity confirmed that they are not receiving the money from the machine, our Animal Services Officer contacted the Durham Regional Police Service (DRPS). On the advice of DRPS, the vending machine was delivered to East Division. 2. DISCUSION 2.1 Food in the Park By-law 2011-057 provides: 4.1.8 No person shall bring in to or possess while in any Leash Free Area: i) any bottles, containers or any other articles equipment, or utensils, made of glass, china, ceramic or other breakable substance capable of causing injury to a Dog; ii) any food, including but not limited to human or canine variety. The reasons for prohibiting any food in the Leash Free Area are to protect the dogs as well as the people visiting the park. While in most instances people who bring in food or treats are well-intended, introducing food into this type of environment can be a recipe for disaster. Most dogs are quite excited in the park environment and often REPORT NO.: CLD-029-12 PAGE 3 behave differently than when they are at home or under the control of a leash. When food is introduced the dogs can become very aggressive, often out of character and unpredictably so. Additionally, many dogs are on special food or diet and should not be ingesting "unknown" food products. Over the past few years there have been several incidents (City of Toronto in January 2011 and February 2012, and Port Perry in March 2009) of animals being poisoned. Again, as a preemptive measure to avoid any opportunity for any such terrible incident, the prohibition of all foods in the park area was recommended and approved by Council. According to staff research findings there is no consistency in off-leash dog park rules respecting the permission of food within the park, and none of the municipalities contacted provide any type of vending machine in their off-leash dog parks. 2.2 Purchasing Policy By-law 2010-112 sets out the rules respecting procurement activities to ensure a fair, transparent and competitive procurement process, in accordance with the Municipal Act. For clarification, any business/individual wanting to sell products or services at a Municipal_facility or property would have to secure that authority and agreement through - a competitive process unless otherwise authorized by Council. Any such agreement would involve conditions to be met, including insurance, WSIB (as applicable), possibly background checks, etc. Currently, our contract for specific locations and products for human consumption is with Imperial Vending Services. 2.3 Vending Machines in Municipal Parks The Municipality of Clarington has approximately 70 parks, including the one off- leash dog park. None of the park areas have vending machines. Staff has no record of ever having received a request for a vending machine to be placed in a park with the exception of Ms. Potter's. Discussions with Operations staff indicate concerns regarding security, theft and vandalism should vending machines be placed in a park, as the parks are not supervised like our Municipal facilities. 3. CONCURRENCE This report has been reviewed by Marie Marano, Director of Corporate Services and Fred Horvath, Director of Operations who concur with the recommendations. 4. CONCLUSION The provisions enacted by Council through By-law 2011-057 prohibit anyone from taking food into the off-leash dog park for the safety of those visiting the park and for the safety of the dogs. To allow vending machines within the off-leash dog park could REPORT NO.: CLD-029-12 PAGE 4 create an increase in incidents of animal aggression, and may compromise the health of some dogs. While regularly patrolled by Animal Services and Operations staff, the dog park is not supervised, and allowing a vending machine to be placed in the park raises concerns regarding security, theft and vandalism. For these reasons, staff recommend that the request for a vending machine be denied. However, should Council resolve that a vending machine for dog biscuits should be installed at the off-leash dog park, the provisions of the Purchasing Policy would have to be followed. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Greentree, Deputy Clerk Attachments: None List of interested parties to be advised of Council's decision: Emily Potter Marie Marano, Director of Corporate Services Fred Horvath, Director of Operations