HomeMy WebLinkAboutCSD-2021-5 - Exemption to Chapter 408 - Animals
REPORT TO: Committee of the Whole
DATE OF MEETING: May 17, 2021
SUBMITTED BY: MacNeil, Gloria, Director of Enforcement 519-741-2200 ext. 7952
PREPARED BY: MacNeil, Gloria, Director of Enforcement 519-741-2200 ext. 7952
WARD (S) INVOLVED: 5
DATE OF REPORT: May 11, 2021
REPORT NO.: CSD-2021-5
SUBJECT: Exemption to Chapter 408 - 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 ducks in the
City provided the conditions set out in this report CSD-2021-5 are complied with.
REPORT HIGHLIGHTS:
The City’s Animals By-law (Chapter 408 of The City of Kitchener Municipal Code) prohibits the
keeping of certain animals, including ducks, within the City of Kitchener.
The City has received a request from a homeowner to allow them to keep ducks in their yard
through an exemption to the City’s Animals by-law.
The resident is willing to comply with all regulations currently applicable to backyard hens as
well as any additional requirements necessary.
Staff have spoken to the immediate neighbours on either side of the resident and both are
supportive and have no concerns.
BACKGROUND:
The City’s Animals By-law (Chapter 408 of The City of Kitchener Municipal Code) prohibits
the keeping of certain animals, including ducks, within the City of Kitchener.
REPORT:
On March 22, 2021, Laura McQuillen came before Council as a delegation requesting an
exemption to Chapter 408 (Animal Regulation) of the City of Kitchener Municipal Code to keep
ducks where they are identified as prohibited. At that time Council directed staff to consider this
request and return to Council with a recommendation.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Staff have had an opportunity to do some generic research on ducks and to consult with the
Humane Society to get a better understanding of the level of care required. It appears that most
of the regulations that we currently have in place for backyard hens, are appropriate and
applicable to the keeping of ducks, therefore staff would suggest the same approach and apply
the same requirements as backyard hens to Ms. McQuillen’s request for ducks, with the
exception of removing the required dust bath for chickens and instead requiring that a water
source be kept available at all times which is required to keep their eyes, bills, feet and feathers
in good condition.
Staff recommends that an exemption be granted to allow Laura McQuillen to keep
ducks at her current address provided the following conditions are met and
maintained;
• the owner shall ensure that the ducks remain in a coop or enclosed run at all
times and are not permitted to run on the property or at large and shall
comply with the provisions of Chapter 408 of The City of Kitchener
Municipal Code with respect to keeping of hens as if the ducks were a
permitted animal thereunder;
• the owner will keep the ducks on the owner's property associated with the
residence except as necessary for veterinary care, or as otherwise contemplated
by this exemption;
• the owner will ensure that the ducks 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;
• the owner shall ensure that a water source be kept available at all times which is
required to keep the ducks eyes, bills feet and feathers in good condition;
• the owner shall dispose of waste material associated with the ducks in a
responsible manner to ensure that the waste does not create a nuisance to
neighbours or other residents of Kitchener;
• the Owner shall keep the City informed of any change in address by providing
written notice to the By-law Enforcement division at the City of Kitchener and
agreeing to a reinspection of the coop and run at the new address;
• the Owner shall allow the City and its agents including the Humane Society, upon
reasonable notice, to attend and inspect the ducks and their 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.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
None.
COMMUNITY ENGAGEMENT:
Staff have spoken to the immediate neighbours on either side of the resident and both are
supportive and have no concerns. Additionally, this report has been posted to the City’s website
with the agenda in advance of the Council meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Michael May, Deputy Chief Administrative Officer