HomeMy WebLinkAboutCRPS-07-004 - Exemption to Chapter 408 (Animals) - Joanne Barclay - 21 Holborn DrJ
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Corporate Services
Report To: Finance and Corporate Services Committee
Date of Meeting: January 29, 2007
Submitted By: Troy Speck, General Manager of Corporate Services
Prepared By: Shayne Turner, Director of By-law Enforcement
Ward(s) Involved: Chicopee-Grand River
Date of Report: January 24, 2007
Report No.: CRPS-07-004
Subject: REQUEST FOR EXEMPTION TO CHAPTER 408 (ANIMALS)
JOANNE BARCLAY - 21 HOLBORN DRIVE
RECOMMENDATION:
For Information
BACKGROUND:
By-law Enforcement Division staff have been informed that Ms. Joanne Barclay, of 21 Holborn
Drive, has requested an opportunity to make a delegation to the Finance and Corporate
Services Committee with respect to the Chapter 408 (Animals) of the City of Kitchener Municipal
Code. Specifically, Ms. Barclay has indicated her desire to request that Council exempt her
from the provisions of Chapter 408 (Animals) prohibiting her from keeping more than 6 rabbits in
her dwelling.
This matter was initially investigated by the KW Humane Society as a result of a cruelty to
animals complaint received by their office. Their subsequent investigation determined that Ms.
Barclay was keeping approximately 20 rabbits in her dwelling unit. They also found that there
was not sufficient evidence observed to substantiate a "cruelty" claim. During the course of their
investigation, they informed Ms. Barclay of the City's By-law provisions respecting the number
of rabbits that may be kept in a dwelling. As a result, she has indicated her intention to address
members of Council.
REPORT:
By-law Enforcement Division staff and the KW Humane Society have discussed the implications
of granting this exemption and several concerns have been raised. In general, staff believe that
permitting a maximum of 6 rabbits in a dwelling unit is more than appropriate.
With respect to this particular application, it should be noted that Ms. Barclay resides in a
townhouse complex where there is greater potential for an adverse impact on neighbouring
dwelling units. These impacts can include concerns with sanitation and odours. Given that the
units within the subject complex are rental dwellings, staff contacted the owner through the
property management company. They have indicated that they continue to receive concerns
from other tenants in the complex and they are not in support of an exemption to allow for more
than the number of rabbits that are permitted, pursuant to the By-law.
Currently, there is no mechanism in Chapter 408 (Animals) that speaks to Council's authority to
grant exemptions in this regard. As such, Council's options are to take not action, direct staff to
look at a mechanism within the Chapter that would allow for such exemptions, or to direct staff
not to enforce the provisions of the Chapter in this particular instance.
At one point in the past, Chapter 408 (Animals) contained a provision that related to Council's
authority to grant exemptions to keep pigeons on residential properties. It is significant to note
that, in 2004, Council decided to remove this exemption process from the Chapter, following
concerns raised with respect to sanitation and odours.
FINANCIAL IMPLICATIONS:
None identified at this time.
COMMUNICATIONS:
No Corporate Communications required.
CONCLUSION:
It is staff's position that the provisions of Chapter 408 (Animals), with respect to the maximum
number of 6 rabbits permitted to be kept in a dwelling, is adequate. As such, staff are not in
support of any exemption request that would permit more than the number permitted to be kept.
It is also significant to note that the owner of the subject complex has concerns with the keeping
of rabbits in a dwelling and does not support the exemption request.
Shayne Turner
Director of By-law Enforcement