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HomeMy WebLinkAboutFCS-16-157 - Exemption to c.408 - Animals REPORT TO: Committee of the Whole DATE OF MEETING: September 26, 2016 SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor, 519 741-2200 ext.7265 PREPARED BY: Jennifer Sheryer, Assistant City Solicitor, 519 741-2200 ext.7265 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 3, 2016 REPORT NO.: FCS-16-157 SUBJECT: Exemption from Chapter 408 of The City of Kitchener Municipal Code (Animals) ___________________________________________________________________________ RECOMMENDATION: That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor, granting an exemption from section 408.2.11 of Chapter 408 of The City of Kitchener Municipal Code to a resident of the City allowing the keeping of a service animal in the City provided the conditions set out in this report FCS -16-157 are complied with. BACKGROUND: The City’s Animals By-law (Chapter 408 of The City of Kitchener Municipal Code) prohibits the keeping of certain animals, including pigs, within the City of Kitchener. It came to the Humane Society’s attention that a pig was being kept in the basement unit of a duplex located in Ward 9. Upon follow up, the Humane Society was advised that the pig is a service animal. The City has received written confirmation from a physician that the pig is a service animal and has also received a request from the owner to allow it to be kept in the City through an exemption to our Animals by-law. REPORT: The Humane Society did initially receive a complaint that a pig was being kept in the City. However, no complaints have been received from the public about the manner in which the pig is being kept or any nuisance issues arising from its residence in the City. The Humane Society advises that the pig is being kept in a clean and healthy condition and is primarily contained within the residence and the abutting fenced backyard. The *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4, - 1 officer understands that the owner of the property does not have concerns with the pig being kept there. In accordance with Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act, a “service animal” for a person with a disability is defined to include an animal for which a person provides documentation from a listed regulated health professional (including a member of the College of Physicians and Surgeons of Ontario) confirming that the person requires the animal for reasons relating to the disability. The City has received a letter from a member of the College of Physicians and Surgeons of Ontario confirming that they believe the pig meets criteria as a service therapy animal to aid in the owner’s disability. The doctor confirmed that the pig may serve its function in the owner’s residence and does not need to travel with the owner in public. Staff recommends that an exemption be granted to allow the keeping of the pig on the following conditions: the owner shall ensure that the pig does not run at large and shall comply with the provisions of Chapter 408 of The City of Kitchener Municipal Code with respect to keeping of animals as if the pig were a permitted animal thereunder; the owner will keep the pig in the owner’s residence or on property associated with the residence except as necessary for its exercise, travel, veterinary care, or as otherwise contemplated by this exemption; the pig shall not be taken into any building in Kitchener to which the public has access without consent of the owner or occupant thereof; the pig shall not be taken onto private property in Kitchener without the consent of the owner or occupant thereof; the owner will ensure that the pig is kept in a clean and healthy manner and that it does not create a nuisance (including bothersome smells or noises) for neighbours or other residents of Kitchener; the owner shall dispose of waste material associated with the pig in a responsible manner to ensure that the waste does not create a nuisance to neighbours or other residents of Kitchener; the exemption applies only to the pig currently owned by the Owner and shall not apply to any replacement pig in the event of the pig’s death; 4, - 2 the Owner shall keep the City informed of any change in address by providing written notice to the Animal Welfare Agency South Central Ontario (the “Humane Society”); the Owner shall keep the City informed if the pig dies or is removed from Kitchener by providing written notice to the Humane Society; the Owner shall allow the City and its agents including the Humane Society, upon reasonable notice, to attend and inspect the pig and its living conditions from time to time, and; this exemption may be modified or revoked by Council of the City at any time if Council reasonably believes that the Owner has failed to comply with any of the conditions contained herein or if Council reasonably believes that the pig has ceased to be designated and/or used as a service animal pursuant to The Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act or successor legislation thereto. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the Community Priority of Quality of Life as contained in the City’s Strategic Plan. FINANCIAL IMPLICATIONS: n/a COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO 4, - 3