Date of Meeting: April 21, 2011 Subject:

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1 REPORT To: Finance and Administration Committee Item: FA- -05 Date of Report: April 5, 0 From: Rick Stockman, Commissioner Corporate Services Department File: D-00 Date of Meeting: April, 0 Subject: Responsible Pet Owners By-law - Consultative Committee Report PUBLIC REPORT.0 PURPOSE At its November 9, 009 meeting, City Council provided the following direction regarding the Responsible Pet Owners By-law. "That a Consultative Committee be set up to review the recommended changes to the... [Responsible Pet Owners By-law made] by City staff." The purpose of this report is to provide the Finance and Administration Committee with a summary of the Consultative Committee's findings and to bring forward recommendations J for consideration..0 RECOMMENDATION That the Finance and Administration Committee recommend to City Council: That in accordance with Report FA--05, "Responsible Pet Owners By-law - Consultative Committee Report" dated April 5, 0 :. That the Responsible Pet Owners Consultative Committee (RPOCC) be thanked for their input and interest as it relates to the welfare of animals and to Oshawa's Responsible Pet Owners By-law.. That staff prepare an amendment to section 8.8 of the Responsible Pet Owners Bylaw 4-00 permitting the operation of private-accredited zoos in addition to Cityoperated parks, exhibitions and/or zoological gardens; 3. That staff prepare an amendment to Schedule "A" (Prohibited Animals) of the Responsible Pet Owners By-law 4-00 with the additions and conditions outlined in Attachment to this report; 4. That staff examine opportunities to implement a volunteer support program at the Animal Services Facility;

2 Report to the Finance and Item: FA- -05 Administration Committee (Continued) -- Meeting Date: April,0 5. That staff examine opportunities to increase animal adoption rates by introducing higher profile marketing and advertising strategies; and 6. That Item 5 Finance and Administration Committee - Licensing of Pet Shops and Kennels Proposed By-law be lifted from the table and removed from the Outstanding List. 3.0 EXECUTIVE SUMMARY On March 8, 00 Council adopted a new Responsible Pet Owners By-law for the City of Oshawa. The By-law introduced a variety of changes to address issues such as animal care, exotic animals, enforcement and the introduction of administrative penalties. As part of the review process, the community and Council raised issues about the new Bylaw and about animal carelservices being provided by the municipality in general. Council recommended that a consultative committee be formed to review these issues and concerns. From June 00 to April 0, the Responsible Pet Owners Consultative Committee (RPOCC) met to consider, discuss and share ideas with regard to the new Responsible Pet Owners By-law. The committee of specialized stakeholders and community members considered nine items (Attachment ) and brought forward eight main recommendations for consideration by Committee and Council; four of the eight recommendations are supported by staff. The RPOCC feedback reflects a strong interest and concern for animal welfare in our community and staff are appreciative of the opportunity to work together with Committee members. The name of the Responsible Pet Owners By-law has changed three times. For the clarify in the report the By-law will be referred to as the Responsible Pet Owners By-law. 4.0 INPUT FROM OTHER SOURCES > Responsible Pet Owners By-law Consultative Committee (RPOCC) P Legal Services > Municipal Law Enforcement Services 5.0 ANALYSIS 5. Background > The Finance and Administration Committee, at its May 7, 009 meeting, considered a new Responsible Pet Owners By-law and directed staff to hold a public meeting to receive comments from the general public. > Various deputations appeared at the September 7, 009 public meeting to speak on the proposed by-law; all input received related to the regulation of exotic pets.

3 Report to the Finance and Administration Committee (Continued) Item: FA Meeting Date: April, 0 9 Given that the focus of the meeting dealt entirely with exotic pets, staff recommended that the proposed Responsible Pet Owners By-law be adopted with the exception of the provisions related to exotic species which would be considered by a consultative committee at a later date. 9 On November 9, 009 Council directed that a consultative committee be established to review the recommended changes to the Responsible Pet Owners By-law. 9 With the exception of the provisions pertaining to exotic pets, Council approved the new and current Responsible Pet Owners By-law 4-00 on March 8, Creation of the RPOCC 9 In addition to reviewing the broader By-law, Council provided specific direction to the RPOCC to consider the following issues outlined in Table below. Table RPOCC's Specific Scope of Review documents) of the Animal Care and Control 5.. The Composition of the RPOCC 9 Council directed staff at the November 9, 009 meeting to seek out professional members to sit on the RPOCC. Further direction was provided to staff at the March 8, 0 0 meeting to also include two members from the general public on the Consultative Committee. 9 On March 8, 0 0 Council approved the composition of the RPOCC (identified in Table ) and a public notification advertising the positions on the Consultative Committee was released on March 30, Council approved the appointment of the representatives on May 7, 0 0.

4 Report to the Finance and Item: FA Administration Committee (Continued) Meeting Date: April, 0 Table Composition of RPOCC Councillor City staff Private Practice Durham Veterinary Clinic Animal Carelservices Industry Representatives Exotic Animal lndustry Oshawa Accessibility Advisory Committee General Public (Appointed by Council) 0 Councillor Brian Nicholson Kevin Feagan Dr. Sarah Silcox Dr. Wendy Korver Don Mitton Ruby Richards Doug Grills Bry Loyst Cindy Sproule Denise Harkin Carla Bruni Debbie Grills was appointed as a member of the Consultative Committee for the first three meetings to participate in discussion, but not as a voting member. Don Mitton, the Animal Care/Setvices lndustry Representative declined his appointment to the RPOCC. Ruby Richards, the second Animal Care/Setvices lndustry Representative requested to be removed from the Committee at the August 9, 00 meeting. 5.3 RPOCC Meetings 9 The RPOCC began meeting in June Since June 00, six meetings have been held and took place in June, July, August and November of 0 0, and more recently in January and April 0. 9 All meetings were coordinated by a third-party facilitator (John Miller) who assisted the RPOCC in: focusing on, and addressing their Council-directed tasks; introducing alternative and progressive methods to the consideration of animal issues; and developing a set of guiding principles and values that the RPOCC would utilize during their review of the Responsible Pet Owners By-law The RPOCC's Recommendations and Staff Analysis 9 Members agreed that the RPOCC meetings were engaging and highly productive. At the conclusion of the January 5, 0 meeting, the RPOCC requested that City staff examine the core themes and recommendations proposed by the Committee and bring forward their findings to the RPOCC prior to the report to the Finance and Administration Committee. These findings have been summarized in Attachment to this report and were presented to the RPOCC April, 0.

5 Report to the Finance and Item: FA Administration Committee (Continued) Meeting Date: April, 0 9 The RPOCC recommendations were premised on a consensus of participating members' opinions and expertise. 9 The RPOCC considered nine items and has made eight recommendations as presented in Attachment. 9 Staff support several of the RPOCC recommendations and they are reflected in the Recommendation Section of the report. 6.0 FINANCIAL IMPLICATIONS 9 There are no immediate financial implications related to this report. 9 Staff will be required to report back to Council on potential financial implications If Council endorses the RPOCC recommendations to: create an Animal Service Advisory Committee; expand the service hours of the Animal Services facility; amend the By-law to permit the keeping of formerly-prohibited species; and/or pursue the licensing of pet shops and kennels. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN 9 The recommendations are consistent with Objective C (Enhancing quality of communities and/or neighbourhoods, to protect the safety, health, and well-being of the public) and Objective C (Improving communications, cooperation and community engagement). n Jerry qonlin, Director q, udipal Law Enforcement and Licensing Services Corporate Services Department Attachments

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8 I at the Animal Services Facility - discussions for a volunteer program be held with CUPE P On the issue of increasing the level of customer service at the Animal Services facility while remaining cognizant of the limited amount of resources, the group suggested that staff investigate the potential for a volunteer program. P Members alluded to the fact that volunteers could assist staff in providing compassionate care to animals. Local 5. P The implementation of a volunteer program may potentially enhance the level of service provided to residents and animals at the facility. P The implementation of a volunteer program conflicts with the City's current labour agreement with CUPE Local 5 and needs to be discussed. 5. That staff consider the suggested amendments to Schedule "A" (Prohibited Animals) of the Responsible Pet Owners By-law P At the January 0 meeting, the Committee undertook a review of the prohibited animals list in Schedule "A" of the By-law. P The Committee recommended that the amendments identified in Appendix " A to Schedule " A of the By-law, be reviewed by City staff. In addition, the group concurred that supplementary requirements related to the standards of care and the potential regulation of these animals were necessary items to bring forward to staff for review. Staff support this recommendation with the exception of permitting Vietnamese pot-bellied pigs and flying phalangers. Staff also recommend that in certain cases special conditions, be developed with the assistance of industry experts and Legal Services for the additions. P In the case of Vietnamese pot-bellied pigs and flying phalangers. Staff care not trained or equipped to handle these animals and proper care facilities do not exist. P In addition, staff recommend the development of the following conditions: a) prohibiting snakes and lizards of a specific adult length; and b) prohibiting certain species of snakes and lizards known to be dangerous to humans. P These conditions will ensure that a balance between the benefits associated with allowing additional exotic pets and the need to ensure public safety is achieved.

9 P The reconsideration of regulating pet shops and kennels P Council established a working group consisting of was a reoccurring recommendation at three of the five stakeholders from the community and the pet industry to address the issue of regulating pet shops and kennels on P Members commented on the utility of regulation for the February 6, 006. purpose of educating the public while at the same time P The working group supported licensing and a draft by-law to providing an enhanced level of protection for consumers, amend the Business Licensing By-law was businesses, and animals. P Finance and Administration Committee considered the matter at its December 4, 007 meeting and tabled the item. > Historically, complaints received and subsequent issue of feral cats. exemption from the Responsible Pet Owners By-Law. P D&D Exotics Limited specifically requested an exemption from the Responsible Pet Owners By-law. > Council referred this issue to the RPOCC and it was discussed thoroughly. P The RPOCC concluded that an exemption for D&D would not be appropriate; rather, the Committee concurred that a more suitable recommendation would be to allow for certain exemptions (Attachment ) to the list of exotics in Schedule "AJ of the By-law. exemption to D & D Exotics Limited. P The RPOCC concluded that an exemption for D&D would not be appropriate; rather, the Committee concurred that a more suitable recommendation would be to allow for certain exemptions (Attachment ) to the list of exotics in Schedule "A" of the By-law. P The exemptions to the list of exotics would assist D&D to meet its business objectives, relax regulations and to recognize D&D as a shelter or rescue agency.

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11 Item: FA-I - 05 Attachment Responsible Pet Owners Consultative Committee (RPOCC) Suggested Amendments to Schedule "A" (Prohibited Animals) of Revised By-law 4-00 Artiodactyla: Even-toed hoofed Animals Suidae All Pigs, Warthog Recommendations Include in brackets, excluding Vietnamese potbellied pigs and crosses, not to exceed two per household Recommendations Retain existing provision; no change. REPTILES s. --*: Serpentes: Snakes Boidae Pythons, Boa from the list an adult length larger than 3 metres including: Reticulated Python (Brog hammerus (Python) reticulatus), African Rock Python (Python sebae), Green Anaconda (Eunectes murinus and E. murinus gigas), Amethystine Python (Morelia amethystina), and Indian Rock Python - - Add Rear-Fanged Agree with adding Snakes, including category Boomslang

12 Not currently, regulated. Lizards Varanidae All lizards which reach an adult length of metres including: Nile Monitor (Varanus niloticus), Ornate Nile Monitor (Varanus ornatus), Perentie Monitor (Varanus giganteus), Water Monitor (Varanus salvator), Crocodile Monitor (Varanus salvatorii), and Komodo Monitor (Varanus komodoensis) Arachnids: All spiders Include in brackets, excluding tarantulas Allow scorpions, excluding the Death Stalker Scorpion Arachnids all spiders Including the Death Stalker Scorpion excluding other scorpions and tarantulas (Aphonopelma sp.) RPOCC's general comments to Schedule "A": 'u Add any venomous snake, lizard, spider or scorpion that is medically dangerous to humans (wording to this effect subject to interpretation by Legal Services).