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HomeMy WebLinkAboutCRPS-06-014 - Public Mtg - Amend to c.531 of Municipal Code (Dog Kennel-Breeding-Boarding-Doggie DaycareReport To: Councillor B. Vrbanovic, Chair and Members of the Finance and Corporate Services Committee Date of Meeting: February 6, 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: January 24, 2006 Report No.: CRPS-06-014 Subject: PUBLIC MEETING - AMENDMENT TO CHAPTER 531 OF THE MUNICIPAL CODE (DOG KENNELS-BREEDING BOARDING-DOGGIE DAYCARE) RECOMMENDATION: That a by-law to amend Chapter 531 of the Municipal Code Dog Kennels-Breeding Boarding-Doggie Daycare) be prepared for Council's consideration on February 13, 2006, based on the proposed by-law dated January 30, 2006 attached to Corporate Services Report CRPS 06-014. BACKGROUND: At the Council meeting of January 16, 2006 it was resolved 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 II and residential properties and further that staff initiate the required public process with respect to the amending by- I aw. 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. The neighbouring property owners are aware that the property at 319 Victoria Street South would not be subject to this amendment because according to Section 12.2 of the Municipal Act a municipality cannot refuse to licence 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. In light of the complaints, staff is recommending a 200 metre distance separation be established between any Doggie Daycare II and residential zones. It is hoped that the distance separation will ease some of the noise associated with this type of business and still allow this type of business to be in close proximity to the residential areas that it services. This amendment will be added to Chapter 531 of the Municipal Code as Section 531.4.3 and states that: "After February 13, 2006, no person shall own or operate a Class II Doggie Daycare within 200 metres of any residential zone unless such business has been operated continuously and licensed annually." FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: A Public Notice was placed in The Record on January 27, 2006 advising this amending by-law would be considered on February 6, 2006. The members of the Dog Adhoc Review Committee were also informed as well as concerned property owners abutting the Doggie Daycare II at 319 Victoria Street North. (MRS) PATRICIA HARRIS MANAGER OF LICENSING