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HomeMy WebLinkAboutCSD-16-048 - Amendment - Chapter 408 Animal Bylaw - Feeding Wildlife Provision Community and Infrastructure Services Committee REPORT TO: August 8, 2016 DATE OF MEETING: Gloria MacNeil, Director of By-law Enforcement SUBMITTED BY: (519-741-2200, ext. 7952) Gloria MacNeil, Director of By-law Enforcement PREPARED BY: (519-741-2200, ext. 7952) All WARD(S) INVOLVED: July 21, 2016 DATE OF REPORT: CSD-16-048 REPORT NO.: AMENDMENT TO CHAPTER 408 ANIMALS - REGULATION SUBJECT: ___________________________________________________________________ RECOMMENDATION: That a by-law be enacted to amend Chapter 408Animals Regulation a section to the bylaw prohibiting the feeding of wildlife. BACKGROUND: Staff have received an increase in complaints over the last few years relating to individuals who place feed out for wildlife and attract these animals into residential areas, where they may not normally be found. REPORT: Staff have had limited ability to effectively address these types of complaints, as we currently do not have any regulations relating to the feeding of wildlife. Although people who feed wildlife have genuine intentions, they often do not understand the impact and nuisance that can becreated for other residents living within that neighborhood. The feeding of wildlife can also create all sorts of issues that are often not anticipated, for example: Feeding causes wild animals to lose their natural fear of humans Providing an artificial food source can cause overpopulation of animals, which can lead to starvation and disease Providing food in residential areas often leads to property damage and unwelcome houseguests. When you make wild animals dependent on human food sources, they lose some of their ability to survive in the wild, and often it results in dangerous encounters between people and other animals. Domestic animals such as dogs and cats can be put at risk physically, or may be exposed to disease, when attracting these animals into residential areas. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 13 - 1 Bird feeders will continue to be permitted, however we have added a provision which allows us to address an accumulation of bird feces, as well as requiring owners to ensure that bird feeders are reasonably inaccessible to wild animals and that spilled seed and is promptly removed, so as to not attract wild animals or rodents. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: vision through the delivery of core service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The Kitchener-Waterloo and North Waterloo Humane Society have been contacted and provided comments and support on the importance of not feeding wildlife. CONCLUSION 408 Animals - Regulation be amended to prohibit the feeding of wildlife. ACKNOWLEDGED BY: Michael May, Deputy CAO, Community Services Department Encl 13 - 2 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 408 of The City of Kitchener Municipal Code with respect to Animals - Regulation.) WHEREAS it is deemed expedient to amend Chapter 408 of The City of Kitchener Municipal Code as adopted by By-law 88-100; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Article 1 of Chapter 408 of The City of Kitchener Municipal Code is hereby amended by deleting section 408.1.7. 2. Article 1 of Chapter 408 of the City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto and renumbering the sections thereof accordingly: furnishing or making food available and shall include leaving food outdoors in such a manner as to attract or be accessible to an animal, but does not include baiting during lawful activities and also shall not include any activity on land zoned Agricultural (A-1) under Zoning By-law 85-1 of the City. pected to attract or be consumed by a wild animal, but does not include: a) compost kept in accordance with all applicable by-laws, statutes, or regulations; b) landscaping materials used for landscaping purposes; or c) food being grown for human consumption. animals and shall include anything used to support or contain food but shall not include a bird feeder used in accordance with the provisions of this Chapter. feeding an animal and shall specifically include the feeding of a cat or kitten whether feral or domestic. However, the feeding of a wild bird in accordance with the requirements of this Chapter shall not be considered harbouring. 13 - 3 2 nature or an animal living in its natural habitat but does not include: (a) a permitted animal kept in accordance with the requirements of this Chapter; (b) a prohibited or restricted animal permitted to be kept by section 408.2.13 of this Chapter and kept in accordance with the requirements of this Chapter; (c) a bird; (d) a feral cat; or (e) an animal being fed as part of research undertaken by a university, college, or similar provincially or federally recognized research institution. 3. Chapter 408 of The City of Kitchener Municipal Code is hereby amended by adding the following as Article 6 thereto and renumbering the former Articles 6, 7, and 8 accordingly: 408.6.1 No person shall feed or permit the feeding of a wild animal. 408.6.2 Every owner and occupier of property shall immediately remove any food placed on the property in violation of this Chapter. 408.6.3 No person shall place a feeding device on any property. 408.6.4 Every owner and occupier of property shall immediately remove any feeding device placed on the property in violation of this Chapter. 408.6.5 No person shall feed or permit the feeding of a wild bird unless: (a) having the permission of the owner or occupant of the property where the bird is fed; (b) ensuring there is no accumulation of bird feces; (c) making food reasonably inaccessible to wild animals and ensuring that food does not attract wild animals in a manner that creates a nuisance to occupants of any property; 13 - 4 3 (d) promptly removing and disposing of spilled seed or other food to ensure it does not attract wild animals; and (e) ensuring that the feeding does not interfere with the normal use or enjoyment of any property. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2016. _____________________________________ Mayor _____________________________________ Clerk 13 - 5