HomeMy WebLinkAboutCRPS-06-005 - Request to Amend Chapter 531 of the Muncipal Code - Dog Kennels-Breeding-Boarding-Doggie DaycareReport To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: January 9, 2006
Submitted By: R. Gosse, Director of Legislated Services/Deputy City Clerk
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved:
Date of Report: December 23, 2005
Report No.: CRPS-06-005
Subject: REQUEST TO AMEND CHAPTER 531 OF THE MUNICIPAL
CODE(DOG-KENNELS-BREEDING BOARDING-DOGGIE
DAYCARE
RECOMMENDATION:
That staff prepare a by-law to amend Chapter 531 of the Municipal Code (Dog-Kennels-
Breeding Boarding-Doggie Daycare) to impose a distance separation of 200 metres between a
`Doggie Daycare' and residential properties; and further;
That staff initiate the required public process with respect to the amending by-law.
BACKGROUND:
On December 6, 2004 Council passed Chapter 531 of the Municipal Code that regulates and
licences dog breeding and boarding kennels and doggie daycares. In the past, dog kennels and
boarding facilities have been regulated but for the first time, this by-law required that Doggie
Daycares obtain a municipal licence for their business and follow specific requirements.
REPORT:
A Class II Doggie Daycare is defined as "a place or facility where more than nine dogs are kept
or boarded at once...but no dogs other than three dogs that are owned by and licensed to the
resident of the property are kept or boarded between the hours of 12:00 a.m. and 5:00 a.m.
Over the past year, the Licensing Section has received several complaints from residential
property owners that abut a Class II Doggie Daycare at 319 Victoria Street South. Their main
concern is the amount of noise that is generated from approximately 12 dogs that are boarded
at this location during the day. It is especially difficult during the summer months when the
residents and the dogs are outside. They have requested that an amendment be made to
Chapter 531 that would require a Class II Doggie Daycare be situated at least 200 metres from
any residences. In preparing the current Chapter 531 staff did not anticipate this problem but in
light of the complaints would agree that a distance separation should be in place and it is being
recommended that a 200 metre separation be established between any doggie daycare and
residential properties.
The business at 319 Victoria Street South is currently licensed by the City as a Class II Doggie
Day Care and has met all the requirements of the current by-laws. The Municipal Act in Section
12.2 does not allow a municipality to refuse a licence to a business if the business was being
lawfully carried on at that location at the time the by-law requiring the licence came into force so
long as it continues to be carried on at that location.
Therefore, the location at 319 Victoria Street South would not be subject to this amendment as
the business was being lawfully carried out before this amendment took place. This
amendment would afford residential property owners in other areas of the City some protection
from having this type of business next door to them.
FINANCIAL IMPLICATIONS:
The Municipal Act requires that a public meeting be held before passing a licensing by-law and
that notice be given to allow the public an opportunity to make comment. The notice in this case
will be in The Record at an estimated cost of $500.00.
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING