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HomeMy WebLinkAboutCRPS-05-134 - Changes to Provincial Dog Owner's Liability Act Respecting Pit Bulls ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Finance and Corporate Services Committee September 12, 2005 Dogs By-law Review Committee Dogs By-law Review Committee All September 6, 2005 CRPS - 05 - 134 RECOMMENDATION: Changes to Provincial Dog Owners' Liability Act respecting Pit Bulls That after review and consideration of the amendments to the Dog Owners' Liability Act, the City continue to enforce the provisions of By-law 2004-265 (Dogs) with respect to pit bulls; and further, That Communications staff be directed to inform the public, through a newspaper advertisement or media release, of the continued application of the City's By-law 2004-265 (Dogs) and some of the new provisions of the Dog Owners' Liability Act. BACKGROUND: In March of 2005, the Provincial Government passed Bill 132, the Public Safety Related to Dogs Statute Law Amendment Act. The legislation amends the Dog Owners' Liability Act to ban pit bulls anywhere in Ontario and applies controls to those pit bulls existing in Ontario prior to these amendments coming into force on August 29, 2005. The Dogs By-law Review Committee met to discuss the implications of these amendments on By-law 2004-265 (Dogs) and particularly on the provisions respecting pit bulls. REPORT: Several enforcement options were canvassed by the Dogs By-law Review Committee in light of the provincial pit bull prohibition. These options included continuing with the City's by-law, only enforcing the provincial legislation, trying to enforce both the by-law and the legislation or amending our by-law to make it more like the provincial legislation. After significant brainstorming and discussion the Committee has concluded that the City's best option is to continue enforcing our present by-law, recognizing that this does not preclude the City from enforcing the legislation if circumstances so warrant. Section 11 of the Municipal Act, 2001 allows local municipalities to make by-laws in the broad sphere of animals. The City has private legislation authorizing our pit bull ban and the Dog Owners' Liability Act (section 11) specifically provides that if there is a conflict between a provision of that Act relating to pit bulls and a provision of a by-law passed by a municipality relating to pit bulls, the provision that is most restrictive in relation to controls or bans on pit bulls prevails. It is the Committee's belief that our by-law is more restrictive with respect to pit bulls. The provincial legislation allows for the grandfathering of all existing pit bulls. The City's Dogs By-law (2004-265) only allows registered Staffordshire Bull Terriers, registered American Staffordshire Terriers, and pit bulls licensed in Kitchener in 1996 or 1997 to reside in the City. The City's By-law is also more restrictive because it allows the Poundkeeper, the Dog Designation Appeal Committee and Council to place numerous conditions on the keeping of pit bulls that are not contained in the legislation. Some of the more prohibitive requirements that may be imposed on Kitchener's municipally restricted pit bulls include: requirements for containment of the dog on its owner's property, microchipping, notification to the Poundkeeper when the dog is transferred, and warning signage on the property where the pit bull resides. The Review Committee is of the opinion that it is important to maintain these additional restrictions in the City, to ensure that the original intent of Kitchener's By-law is maintained. The reasons for the Committee's recommendation are as follows: 1. Kitchener's By-law has proven effective in reducing the number of pit bulls and pit bull attacks in the City over the past several years; 2. Kitchener's By-law has a proven track record of enforceability; 3. Operating under Kitchener's By-law allows the City to respond rapidly to concerns with pit bulls; 4. Enforcement costs for the by-law are already covered by general animal services contract; 5. Enforcement officers are already trained to implement the City's by-law; and, 6. This approach does not preclude the City from using the Dog Owners' Liability Act where necessary. Although the Dogs By-law Review Committee believes the City should continue enforcing its existing Dogs by-law at the present time, the Dogs By-law Review Committee will approach Council in the future if its feels that circumstances have changed and it would be prudent to reconsider this issue. The Dogs By-law Review Committee believes it is important for staff enforcing the City's by-law to receive any training available on enforcing the Dog Owners' Liability Act. This training will be important if staff are involved in any charges under the legislation, if the City decides at a later date to be more active in enforcing the provisions of the Dog Owners' Liability Act and additionally may assist staff in performing present duties. Also, the option of using the Dog Owners' Liability Act will not be precluded by the City's approach of enforcement under By-law 2004-265. Given that the amendments to the Dog Owners' Liability Act are effective Province wide, it may be prudent to inform the public (including owners of registered Staffordshire Bull Terriers, American Staffordshire Terriers, and pit bulls licensed in Kitchener in 1996 or 1997 residing in the City) of the Act's application. While dogs that are restricted under our by-law will continue to be permitted within Kitchener, their owners and the public should be aware of the additional conditions imposed by the legislation that will also apply throughout Ontario. FINANCIAL IMPLICATIONS: There will be a cost of approximately $190 per person for Dog Owners' Liability Act training sessions being offered jointly by the Association of Municipal Managers, Clerks and Treasurers of Ontario, the Municipal Law Enforcement Officers Association and the Association of Animal Shelter Administrators of Ontario with assistance from the Ministry of the Attorney General. This cost will be paid by various departmental budgets with the cost for contracted animal services provider staff and the non-Council Dog Designation Appeal Committee member being picked up through the budget for the Office of the City Clerk. COMMUNICATIONS: The Dogs By-law Review Committee is comprised of representatives from Council, the Dog Designation Appeal Committee, Legal, By-law Enforcement, and the City's animal services provider. Additionally a representative from the City of Waterloo attended to contribute to our discussions. Through the Committee these interested parties have been made aware of and contributed to this recommendation. CONCLUSION: Continued enforcement of the City's existing by-law respecting dogs is the preferable course of action at this time. Colin Goodeve, Committee Administrator