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HomeMy WebLinkAboutFinance & Admin - 1992-12-07 SFAC\1992-12-07-SPE SPECIAL FINANCE AND ADMINISTRATION COMMITTEE MINUTES DECEMBER 7, 1992 The Finance and Administration Committee met this date, commencing at 7:00 p.m., under the Chairmanship of Alderman C. Zehr with the following members present: Mayor D.V. Cardillo, Aldermen B. Stortz, T. Galloway, G. Lorentz, M. Wagner, C. Weylie and J. Ziegler. Others present: Alderman G. Leadston, L. MacDonald and G. Sosnoski. The purpose of the meeting was to hear submissions from the public regarding proposed amendments to the Municipal Code involving the establishing of regulations for licensed kennels, additional regulations for pet shops and a restriction of the number of dogs in any one dwelling unit to three in number. 1. LICENSED KENNELS, PET SHOPS AND DOGS The Committee was in receipt of draft By-laws to amend Chapters 575 (Pet Shops) and 530 (Dogs) of the Municipal Code. Ms. MacDonald explained the proposed amendments including a grandfather clause which would allow a person who on February 16, 1993 is keeping or permitting to be kept more than 3 dogs, all of which have been licensed for 1993, to continue to keep these until they have died or otherwise been disposed of. Ms. MacDonald asked for a further amendment to Section 530.2.4 of Chapter 530 and specifically requested that item (b) be amended to read "A veterinary hospital, clinic, office or veterinary service lawfully operated and supervised by a veterinarian licensed to practice in Ontario". She also pointed out that one of the regulations requires proper drainage in kennel facilities and alterations in this regard may require a plumbing permit. She noted that this change could be made to the by-laws later this week. Mr. Arthur Kaufman, 50 Manitou Drive, appeared and gave a video presentation illustrating problems arising from a neighbouring licensed kennel which began operation in June of 1988. In narrating the video, Mr. Kaufman expressed concerns over unreasonable noise levels, the clutter and unsightly appearance of the pens as well as concerns relative to the health and safety of the dogs. Mr. Kaufman stated that in his opinion there should be a solid fence around the property to protect the neighbours and discourage the dogs from barking. This should be located all along the pen including the street side. He added that conditions at the kennel have deteriorated since it was opened in 1988. In response to a question from Mayor Cardillo, Mr. Kaufman acknowledged that a chain link fence had recently been constructed, but added the situation is getting worse due to the increased number of dogs. Alderman Ziegler asked whether a fence alone would solve the problem and Mr. Kaufman replied that in addition the floors in the kennel would likely need repair or replacement. Alderman Leadston inquired as to the number of dogs in the kennel and Mr. Kaufman indicated approximately 30 dogs are kept. Ms. MacDonald pointed out that the business at issue is a licensed kennel which was established at a time when the standards and requirements proposed were not in place. Ms. Nancy Hummitzsch appeared on behalf of the K-W Kennel Club. She acknowledged the need to regulate breeders, but cautioned that the proposed amendments discriminate against hobby breeders. She pointed out that in order to abide by the specifications in the by-law she would face a minimum expenditure of approximately $20,000.00. She asked that a section be added to recognize and address the needs of hobby breeders. Alderman Wagner asked the delegation to define the term "hobby breeder" and Ms. Hummitzsch outlined a number of criteria including a maximum of four litters per year, a maximum of 10 dogs kept at any one time, a responsible individual who keeps records of the dogs retained. Alderman Wagner noted that it appeared Ms. Hummitzsch was a regular breeder. She replied that she was willing, in conjunction with the K-W Kennel Association, to work with the City to define the term "hobby breeder". She noted that in reviewing a number of by-laws for large Ontario municipalities, that none had addressed this category of breeder. Ms. MacDonald referred to the definition of "dog" in the legislation and clarified that the amendment would apply to licensed kennels only and would not affect businesses where puppies are sold or given away before they reach 13 weeks of age. 1. LICENSED KENNELS, PET SHOPS AND DOGS (cont.) SPECIAL FINANCE AND ADMINISTRATION COMMITTEE MINUTES - 98 - DECEMBER 7, 1992 Ms. Toni Davies, President, appeared on behalf of the K-W Kennel Club and asked what the City would expect her to do with a 13 week old puppy. She suggested that responsible breeders look after their dogs and ensure that they do not annoy the neighbours. She indicated that she resented a law being passed which would, in effect, penalize her for the time and effort spent in learning to become a quality breeder. Ms. Davies advised that she had no wish to break the 3 dog restriction, however, questioned what would happen if one of the three dogs had a puppy which she wished to keep. She suggested the City is considering legislation to punish one or two irresponsible breeders and that this is both inappropriate and unfair to those who have taken a responsible approach. She added that the City has noise, health and leash by-laws and questioned why these would not be enforced to correct the situation viewed earlier. Mr. Martin Fisher, spoke on behalf of the Humane Society and referred to the kennel shown in the video. He advised that charges have been laid relative to noise and the premises inspected from a general health standpoint. He stated that there was no problem with the health of the dogs, and added that the Society does not have the legislative authority to take actions unless the dogs are distressed. Ms. Laurie Soutar, 197 Ottawa Street South, commented on what, in her opinion, were the shortcomings of the proposed legislation. She advised that the definition of kennels is too narrow and should be broadened to include two classes of kennels, those relating to hobby breeders and commercial breeders. She pointed out that the former are easily defined, since in most cases they hold other jobs, breed between one and three litters per year, have non-breeding contracts, provide health and temperament guarantees among other attributes. Ms. Soutar spoke in her capacity as the President of the Greyhound Club of Canada and advised that the Club runs a breed rescue service aimed at finding homes for dogs, an activity which the proposed by-law would prohibit. Ms. Soutar made the following suggestions concerning revision of the proposed by-laws: a kennel license should be required for individuals keeping more than three dogs; a commercial kennel should be subject to zoning restrictions and more stringent regulations; the license fee should be reduced if dogs are neutered; kennels on agricultural lands should not be exempt from licensing as this would also exempt them from care restrictions; that dogs be tagged with the possibility that the tags would be included in the cost of the licensing fee; reinstate the requirement for a registered kennel name as this is one mark of a serious hobby breeder; and allow for an approved means of disposing of dog waste. With regard to the latter, Ms. Soutar pointed out that at present, there is no approved or legal method of disposal. Ms. Soutar suggested that the City is approaching this matter on a piece-meal basis and suggested the legislative initiatives before the Committee this date should be put on hold. She suggested that a committee be formed to discuss a more comprehensive approach including dangerous dog legislation which is non-breed specific. She also noted that in her opinion, consumer protection laws are required and that the proposed pet shop by-law is entirely inadequate. She pointed out that there should be a minimum requirement for pet shops to provide facilities similar to those of kennels and that minimum standards should match those in the federal legislation. Alderman Ziegler inquired whether it would be possible to include two types of kennels in the by- law. Ms. MacDonald clarified that the definition of kennel in the amending by-laws is the same as in the past and added that the regulations under discussion do not apply to hobby breeders. She added that if an individual has purebred dogs in an authorized area, they could obtain a license. She further clarified that a hobby kennel would require a license for each dog and be subject to the three dog limit. Ms. MacDonald also advised that at present the City has no authority under the Municipal Act to regulate the living standards of dogs. Alderman Ziegler inquired whether the City could request special legislation to regulate hobbyists. Ms. MacDonald replied that the City could apply for private legislation, which would 1. LICENSED KENNELS, PET SHOPS AND DOGS (cont.) take a minimum of one year, or alternately await the possibility of legislation at the Provincial or Federal level. Alderman Leadston agreed with the comment of Ms. Soutar that the entire initiative should be put SPECIAL FINANCE AND ADMINISTRATION COMMITTEE MINUTES - 99 - DECEMBER 7, 1992 on hold pending further discussions between the affected parties. Alderman Ziegler pointed out that the delegation is principally concerned with the three dog restriction, and this would not prevent the City from otherwise legislating standards for commercial kennels in authorized zones. Alderman Stortz inquired as to the number of problem kennels similar to the one viewed on video this date and Mr. Fisher replied that he is aware of three. Ms. Mary Plum, 38 Geneva Crescent, appeared in opposition to the amendment limiting the number of dogs. She advised that she breeds Collies and that her concerns had been addressed by previous delegates. Alderman Ziegler asked whether Ms. Plum's neighbours were happy with her operation, and she replied that to the best of her knowledge they were and attempts are made to rectify problems when they are brought to her attention. Several members of the audience disagreed with this statement. Ms. Patricia Fellows, 426 Bairstow Crescent, appeared concerning regulation of the number of dogs and advised that her concerns had been addressed by previous delegations. Ms. Mary Linington, 34 Geneva Crescent, appeared concerning the restriction on the number of dogs, and in particular, the proposed grandfather clause. She advised that she is a neighbour of Ms. Plum's and is not happy with the present situation. Ms. Linington indicated general agreement with the proposed By-law save and except that the grandfather clause is, in her opinion, inadequate. She stated that the City is responding to future complaints and not existing circumstances and asked that the grandfather clause be reworded to indicate that within a two or three year period the owner would be required to find a more suitable location for an existing breeding operation. She expressed the opinion that the size and the type of dog should be compared to the size of the property when determining whether breeding locations are appropriate. Ms. Linington added that in the event kennel clubs are asked to assist in the drafting of proposed legislation, non-dog owners be included who live next door to individuals having more than three dogs. Ms. Linington asked for clarification of the term "kennel" and Ms. MacDonald replied indicating it is a place, in a permitted zone, where purebred dogs are raised and that this definition comes from Provincial legislation and cannot be altered. Ms. Linington also pointed out that she had contacted a number of area municipalities, none of which allow more than three dogs. Ms. Marion Roth, 91 Westview Crescent, appeared concerning the regulation to limit the number of dogs. Ms. Roth advised that she raises purebred show dogs, and raised concerns over what should be done with the dogs once they have been shown, in the event they exceed the proposed limit. She also questioned how many noise prosecutions relate to single as opposed to multiple dogs. She noted that the City's noise by-law does not apply to cats, which often pose a greater problem than dogs. Mr. James Prudom appeared on behalf of the Waterloo-Wellington Alliance for Animals to commend the City on the proposed by-law. Mr. Prudom asked for more comprehensive regulations with respect to the amending of Chapter 575 (Pet Shops). He noted that the consumer protection laws previously mentioned would be appropriate and coincide with the proposed amendment. In particular he referred to Section 3.4 and suggested a protection law whereby the owner must exhibit the name and breed of the dog, the breeder's address as well as broker information and a medical history. He noted that as a consumer he has a right to this information and indicated his willingness to work with any Committee to review the draft legislation. Alderman Ziegler asked whether aside from the restriction on the number of dogs, Mr. Prudom felt the proposed by-law was a sound one and he replied in the affirmative. 1. LICENSED KENNELS, PET SHOPS AND DOGS (cont.) Mr. Michael Karmoniky appeared concerning the proposed legislation and expressed concern as to the relationship between the three dog limit and the use of hunting dogs. Moved by Alderman J. Ziegler - "That Council enact the proposed by-laws to amend Chapter 575 (Pet Shops)and Chapter 530 (Dogs) of the Municipal Code save and except that portion of the amending by-law for Chapter 530 which restricts the number of dogs in a dwelling unit to three in number, and further, SPECIAL FINANCE AND ADMINISTRATION COMMITTEE MINUTES - 100 - DECEMBER 7, That with respect to a restriction on the number of dogs a sub-committee be struck to consider the matter further and which would include representation by affected member of the public." 1992 Moved by Alderman B. Stortz - "That further consideration of the proposed amendments to Chapters 575 (Pet Shops) and 530 (Dogs) be deferred and referred to an ad hoc committee for review and a subsequent report to the Finance and Administration Committee." Alderman Stortz pointed out that the three dog limit would impact the licensing of kennels, and though it would be expedient at this time to segregate portions of the proposed legislation which are unacceptable, this would not be wise in the long term. Ms. MacDonald reminded the Committee that the City has no authority at present to pass separate legislation for hobby kennels. Alderman Leadston asked that in the event of deferral any sub-committee also address the issue of the appropriate disposal of dog waste. Alderman Galloway noted that in his opinion enforcement of the noise by-law is deficient and asked whether this could be reviewed in the context of the pet and kennel legislation, or alternately as a separate issue. The previous motion by Alderman B. Stortz to defer consideration of the proposed amending by- laws was voted on and Carried. Alderman Zehr proposed a membership list for the ad hoc committee to include several members of the public in attendance this date, as well as representatives from the Humane Society, the K-W Kennel Club and a commercial licensed kennel. It was also suggested that Alderman J. Ziegler sit on the committee, which would be chaired by Ms. L. MacDonald. Ms. MacDonald replied that in her opinion it was inappropriate for her to chair the proposed committee, since she does not believe the City has the legal authority to undertake a number of the initiatives proposed this date. Alderman Ziegler suggested that Alderman Stortz sit on the committee, and expressed the opinion that the City should ask the Province for special legislation to deal with dogs outside of kennels before it begins examining the issue. Alderman Ziegler also indicated that he would be prepared to put forward a motion directing staff to make application to the Province for such legislation. Alderman Zehr suggested that the committee could assemble to establish a consensus of opinion, and if a request for special legislation arises it could be dealt with at that time. Alderman Stortz agreed to sit on the sub-committee and Alderman Zehr asked that the membership decide on an appropriate chairman. Those members in attendance indicated their willingness to participate. Alderman Ziegler suggested that the first sub-committee meeting could be held in mid-January and asked that the Clerk make the appropriate arrangements. 1. LICENSED KENNELS, PET SHOPS AND DOGS (cont.) On a motion by Alderman G. Leadston - It was resolved: "That an ad hoc committee be struck to review the proposed amendments to Chapters 575 (Pet Shops) and 530 (Dogs) of the Municipal Code in order to address their collective concerns and establish a consensus on how to best proceed, and further, That said committee be composed of Alderman J. Ziegler, Alderman B. Stortz, Ms. Laurie Soutar, Ms. Mary Linington, Mr. Arthur Kaufman, Mr. James Prudom and one representative each from the Humane Society, K-W Kennel Club and a commercial licensed kennel, with Ms. L. MacDonald serving as the staff resource person." 2. ADJOURNMENT SPECIAL FINANCE AND ADMINISTRATION COMMITTEE MINUTES 101 DECEMBER 7, 1992 On motion, the meeting adjourned at 9:00 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk