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HomeMy WebLinkAboutCSD-2021-1 - Exemption from Chapter 408 of the City of Kitchener Muncipal Code (Animals) Staff Report CSD-Bylaw Enforcement www.kitchener.ca REPORT TO: Committee of the Whole DATE OF MEETING: February 22, 2021 SUBMITTED BY: Gloria MacNeil, Director of By-law Enforcement 519-741-2200 Ext. 7952 PREPARED BY: Gloria MacNeil, Director of By-law Enforcement 519-741-2200 Ext. 7952 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: February 17, 2021 REPORT NO.: CSD-2021-1 SUBJECT: Exemption from Chapter 408 of The City of Kitchener Municipal Code (Animals) RECOMMENDATION: That the Deputy CAO 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 to allow the keeping of two service animals in the City provided the conditions set out in this report CSD-2021-1 are complied with. REPORT HIGHLIGHTS: 1. 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. The City has received a request from a homeowner to allow them to keep pigs in their home through an exemption to our Animals by-law. The City has also received written confirmation from a physician that the pigs are service animals. 2. The resident has had service pigs for 10 years without incident or complaints about the manner in which the pigs are being kept or any nuisance issues arising from their residence in the City. 3. The identity of the resident is not being disclosed to protect their privacy. 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. REPORT: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. It came to the attention of By-law enforcement that two Juliana mini pigs are being kept at a home located in Ward 6. Upon follow up, Enforcement staff were advised the pigs are service animals. The City has received written confirmation from a physician that the pigs are service animals and has also received a request from the owner to allow them to be kept in the City through an exemption to our Animals by-law. The Humane Society has had an opportunity to inspect the pigs and the home environment and advised the pigs are very well cared for and happy in the home. They are being kept in a clean and healthy condition and are primarily contained within the residence and the abutting fenced backyard. 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 pigs meet the criteria as a service therapy animal to aid in the owner's disability. The pigs serve their function in the owner's residence and do not need to travel with the owner in public, expect for veterinary appointments. Staff recommends that an exemption be granted to allow the keeping of the pigs on the following conditions: 1. the owner shall ensure that the pigs do 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 pigs were a permitted animal thereunder; 2. the owner will keep the pigs in the owner's residence or on property associated with the residence except as necessary for exercise, travel, veterinary care, or as otherwise contemplated by this exemption; 3. the pigs shall not be taken into any building in Kitchener to which the public has access without consent of the owner or occupant thereof; 4. the pigs shall not be taken onto private property in Kitchener without the consent of the owner or occupant thereof; 5. the owner will ensure that the pigs are kept in a clean and healthy manner and that they do not create a nuisance (including bothersome smells or noises) for neighbours or other residents of Kitchener; 6. the owner shall dispose of waste material associated with the pigs in a responsible manner to ensure that the waste does not create a nuisance to neighbours or other residents of Kitchener; 7. the exemption applies only to the pigs currently owned by the Owner and shall not apply to any replacement pig in the event of the pig's death;the Owner shall keep the City informed of any change in address by providing written notice to the Humane Society of Kitchener Waterloo & Stratford Perth (the "Humane Society"); 8. the Owner shall keep the City informed if the pig dies or is removed from Kitchener by providing written notice to the Humane Society; 9. 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; 10. 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 pigs have 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: None. COMMUNITY ENGAGEMENT: This report has been posted to the City's website with the agenda in advance of the council I committee meeting. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. APPROVED BY: Michael May, Deputy Chief Administrative Officer