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HomeMy WebLinkAboutCLD-013-17Clarington Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: July 3, 2017 Report Number: CLD -013-17 File Number: Resolution: C-219-17 By-law Number: Report Subject: Zoo to You Request for Exemption to the Exotic Animal By-law 2012-045 Recommendations: 1. That Report CLD -013-17 be received; 2. That Council consider the Zoo to You request for a temporary exemption to By-law 2012-045; and 3. That all interested parties listed in Report CLD -013-17 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -013-17 Report Overview Page 2 This Report is presented in response to a Council's request to report back on Zoo to You animals that would be acceptable should Council approve their request for a temporary exemption to the requirement of the Exotic Animal By-law 2012-045 specifically, the requirement to be CAZA certified to be eligible to be permitted to conduct an Exotic Animal Entertainment Event. 1. Background Jennifer Dieth, from Zoo To You, attended as a delegation to the June 19, 2017 General Government Committee meeting and submitted correspondence requesting a temporary exemption to the Exotic Animal By-law 2012-045. In particular, Zoo to You has requested an exemption from the requirement of having to be CAZA certified (Canada's Accredited Zoos and Aquariums) when staff are considering their applications to conduct Exotic Animal Entertainment Events, until their application to CAZA has been decided on by CAZA. The Committee passed the following Resolution #GG -355-17: That item 9.2 from Jennifer Deith, Zoo to You regarding a request for an exemption to the Exotic Animal By-law 2012-045, be referred back to staff to determine a list of animals that would be acceptable for an exemption to the Exotic Pet By-law until October 31, 2018. Section 43(b) of By-law 2012-045 states that "the Municipal Clerk may refuse to issue a Permit where 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." See Attachment 1 for excerpts of By-law 2012-045 relating to Exotic Animal Entertainment Events. A permit is not required where the event does not include any animals that are prohibited under the Exotic Animal By-law 2012-045. Municipality of Clarington Resort CLD -013-17 2. Discussion Paae 3 Since the June 19, 2017 General Government Committee meeting, staff spoke to Zoo to You and confirmed the animals included in their collection. The following chart details the proposed animals, and any staff concerns should they be permitted without CAZA overseeing the organization showing them. Animal Comments Small Lizard Permitted under By-law 2012-045 Chinchilla Permitted under By-law 2012-045 Ferrets Permitted under By-law 2012-045 Skinny Pig Permitted under By-law 2012-045 Rabbit Permitted under By-law 2012-045 Tree Frog Permitted under By-law 2012-045 American Alligators make terrible pets. Alligator Alligators are purely instinctual hunters and do not show affection. Unlike cats and dogs, alligators will never love the hand that feeds them. Spectacled The Spectacled Caimans do not grow as large as their enclosure Caiman and you can NEVER tame them. These animals have a survival instinct that has been instilled upon them since before the dawn of man. You will not tame that out of them, according to Barn Rubenstein & Richard Brooks (Herp Center on line support since 2004) reptile care sheets. Handling should be done minimally as crocodilians are often easily agitated and stressed by handling. Burmese Python If shorter than 2 m then currently permitted. limit is 2 metres Dwarf Reticulated If shorter than 2 m then currently permitted. (limit is 2 meters) Python Rose Hair The Rose Hair Tarantula has had several issues in the past Tarantula regarding the urticating's hairs being thrown. Some have landed in the eyes of children and adults including a three year old boy in Toronto. There were 20 of the tiny hairs found on the boy's left eye and it took six months for the child to finally show some improvement. Emperor Scorpion Scorpions are "hands off pets" that cannot be tamed, according to Frank Indiviglio, who is a zoo keeper for 20 years at the Bronx Zoo, consultant for several other zoos, a researcher, and also an author of many books on reptiles. Handling is a stressful event for any scorpion, although this may not be apparent from its behavior. More importantly, while the venom produced by the Emperor Scorpion is not considered as dangerous to healthy adults, children, and the elderly, and people with allergies or compromised immune systems may be at risk Sugar Glider Limited risk Hedgehog Limited risk Municipality of Clarington Resort CLD -013-17 Paae 4 3. Concurrence Not Applicable 4. Conclusion The intent of the by-law requirements is to ensure the safety of the community as well as the wellbeing of the animals. Should Council wish to approve a temporary exemption, staff suggest that the exemption be limited to the CAZA requirement and be conditional on: • Zoo to You providing proof to the Municipality of Clarington that they have submitted an application to CAZA to be considered during the 2018 review process, • the exemption be limited to Sugar Gliders and Hedgehogs • the temporary exemption expire upon CAZA deciding on Zoo to You's application or October 31, 2018 whichever comes first, and • all other Exotic Animal Entertainment Event permit requirements be met. 5. Strategic Plan Application Not applicable. Submitted by: C. Anne Greentree, Municipal Clerk Reviewed by: Curry Clifford, MPA, CMO Interim CAO Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington. net Attachments: Attachment 1 - Exotic Animal Entertainment Event Permit Requirements The following is a list of the interested parties to be notified of Council's decision: Jennifer Deith, Zoo to You Municipality of Clarington Attachment 1 to Report CLD -013-17 Excerpts of By-law 2012-045 relating to Exotic Animal Entertainment Events Section 34 to 36 of By-law 2012-045 details the Exotic Animal Entertainment Event Permit Requirement as follows: 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. 36. Every Permit application shall, (a) provide all of the information listed in Schedule T"; (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. An "event" is defined, in the by-law, as: "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." Section 40 of the by-law states that "a Permit Holder shall comply with all conditions of a Permit." Attachment 1 is Schedule "D" of By-law 2012-045 and lists the Exotic Animal Entertainment Event Permit Requirements. Municipality of Clarington Schedule "D" of By-law 2012-045 Attachment 1 to Report CLD -013-17 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.