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Staff Report
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Report To: General Government Committee
Date of Meeting: January 22, 2024 Report Number: LGS-001-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO Resolution#:JC-010-24
File Number: By-law Number:
Report Subject: Nuisance Wildlife Feeding
Recommendations:
1. That Report LGS-001-24, and any related delegations or communication items, be
received;
2. That the By-law attached to Report LGS-001-24, as Attachment 1, be approved; and
3. That all interested parties listed in Report LGS-001-24, and any delegations be
advised of Council's decision.
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Report LGS-001-24
Report Overview
A report to amend the Municipality of Clarington's Property Standards By-law, to address
concerns received from residents pertaining to the feeding of wildlife.
1 . Background
1.1 At the November 6, 2023, General Government Committee meeting, Council considered
correspondence from Mark Rottine requesting Council amend the Property Standards
By-law to impose restrictions on feeding wildlife and referred the correspondence to
staff to report back.
1.2 Municipal Law Enforcement has opened 17 complaint files pertaining to the feeding of
wildlife between 2020 and the date of this Report. This includes complaints regarding
the direct feeding of wildlife, feeding birds and squirrels from a variety of unconventional
feeding containers, and incidental complaints resulting from birdfeeders and waste feed
overflow becoming attractants for unintended rodents and wildlife.
1.3 Within the Municipality of Clarington's Parks By-law 2006-126, Section 8 provides for
the protection of wildlife in our public greenspaces by means of:
No person shall in any park:
a) kill, attempt to kill, maim, injure, trap or disturb any animal, bird, waterfowl, fish,
worms, or other wildlife; or
b) touch, injure or remove any nest or egg there from; or
c) feed any waterfowl.
1.4 In 2016, the Exotic Animal By-law 2012-045 was amended to include the definition of
`Wildlife' and a respective Schedule `F'. The inclusion of a prohibition to keep wildlife
was also included, however, feeding wildlife was not addressed.
2. Discussion
2.1 Feeding wild animals is one of the main factors giving rise to conflicts between people
and animals. It is often the case that feeding wildlife creates more harm than good.
2.2 Some of the unintended negative consequences include:
• animals becoming dependent on people as a food source;
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Report LGS-001-24
• wild animals become comfortable with people and can lose their natural fear and
become aggressive; and
• increased presence of unwanted wild animals attracted and encouraged to feed within
residential areas.
2.3 As a result, these issues can lead to:
• increase in rodent infestations and raccoon presence can be destructive to personal
properties including houses and other buildings;
• public health concerns resulting from the potential for disease transmission between
different animal species and to people; and
• potential for injury to people or their pets.
2.4 The Municipality of Clarington currently has two By-laws used to address complaints
relating to the unsightliness and poor maintenance of private properties which may
present conditions that attract rodents and wildlife. The Clean and Clear By-law 2019-
047, and the Property Standards By-law 2007-070 which is currently being discussed.
2.5 While these noted By-laws may be used to enforce the accumulation of debris and refuse
on properties, and ensure that minimum standards of maintenance and occupancy are
upheld, there is no specific language to prohibit the feeding of wildlife and regulate
`songbird' feeding devices.
2.6 The inclusion of the violations identified within the proposed amending By-law
(Attachment 1) into the Property Standards By-law, would be a useful enforcement tool to
better assist Officers in addressing complaints relating to the feeding of wildlife. The
proposed amendment additionally establishes clear requirements for those wanting to
feed only songbirds.
2.7 Enforcement of the attached draft By-law amendment would be carried out in a fashion
consistent with other regulations currently included within the parent By-law. When
Municipal Law Enforcement Officers determine a violation exists, an Order Requiring
Compliance may be issued to the Owner of a property, with particulars to remedy any
noted deficiencies or contraventions. Upon re-inspection, if the Officer determines the
violation has not been remedied within the prescribed timeframe, they may cause the
required work to be completed or issue charges pursuant to Section 15.8 of the Building
Code Act S.O. 1992.
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Report LGS-001-24
2.8 Given the Municipality's geography and the location of our communities within nature
rich areas, wildlife encounters are a part of life. A focus should be placed on raising
awareness and educating residents on the negative impacts of feeding wildlife, and how
to better address concerns they may be facing.
2.9 Staff examined other Municipalities with regulations in place to address the negative
implications of feeding wildlife. A consistent approach to regulation was found by means
of regulations through Property Standards, Nuisance By-laws, Animal Control By-laws,
and stand-alone Wildlife By-laws.
3. Financial Considerations
Not Applicable.
4. Strategic Plan
Though not directly related to the specific actions set out in the Clarington Strategic
Plan 2024-27, the recommendations in Report LGS-001-24 contribute more broadly to
the following expected results:
- C.2: Residents are safe and healthy
- GA: Healthy and resilient environment
5. Concurrence
Not Applicable.
6. Conclusion
It is respectfully recommended that Council approve the amend to the Property
Standards By-law to address the feeding of wildlife as described in Report LGS-001-24.
Staff Contact: Kristina Bergeron, Acting Manager of Municipal Law Enforcement, 905-623-
3379 ext 2111 or kbergeron2(a_clarington.net .
Attachments:
Attachment 1 — Draft Amendment to the Property Standards By-law (Nuisance Wildlife
Feeding)
Interested Parties:
The following interested parties will be notified of Council's decision:
Mark Rottine
Attachment#1 to LGS-001-24
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The Corporation of the Municipality of Clarington
By-law 2024-XXX
Being a by-law to amend Property Standards By-law No. 2007-070
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to amend Property Standards By-law No. 2007-070
Now therefore the Council of the Municipality of Clarington enacts the amendment By-
law 2007-070 as follows:
1. The following new sections are inserted into By-law 2007-070 immediately
following section 3.06:
3.07 All yards, vacant lots, and all property shall be kept free of
conditions that may attract rodents, insects, vermin and other
pests. This includes but is not limited to throwing or placing, or
permitting to be thrown or placed, any type of food, for the
purposes of feeding wildlife, and the storage of garbage or debris
in a manner that attracts rodents, insects, vermin or other pests.
3.08 Notwithstanding Section 3.07, the feeding of songbirds is
permitted provided:
a) The birdfeed is limited to seeds, nuts, grains, fruit, or nectar;
b) The feeding is accomplished by the use of a bird feeding
device that is suspended or elevated above the ground and
not readily accessible by animals other than songbirds;
c) spilled feed is not permitted to accumulate and is cleared in a
timely manner.
2. The remaining sections of By-law 2007-070 are renumbered accordingly.
3. This by-law comes into effect on the date of its passing.
Passed in Open Council this XX day of MMMM, 2024.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk