By-law Respecting Animals

The Board of Health recommends:

(1)the adoption of the By-law Respecting Animals appended to the following report (January14, 1999) from the City Solicitor, subject to amending the by-law:

(i)by striking out the words "or euthanized" in sections 13(1) and 20(1);

(ii)to permit the foster programs under the supervision of an affiliate or branch of the Ontario Society for the Prevention of Cruelty to Animals to rehabilitate squirrels, noting for information that the keeping of songbirds is not restricted in the by-law; and

(iii)to enable the Medical Officer of Health to issue a muzzle order for a first dog bite on the owner's premises if in her opinion the bite is severe;

and that authority be granted to introduce the necessary Bill in Council in the form or substantially in the form of the by-law attached to this report, as amended;

(2)the adoption of the following set of principles regarding implementation of Part V of the By-law Respecting Animals:

(i)the primary intention of Part V of the by-law is to ensure that lost cats are reunited with their owner wherever possible, or else adopted out after a minimum five-day holding period;

(ii)that euthanasia will occur only after all reasonable attempts by staff have failed to secure a suitable home for the animal; and

(iii)euthanasia in any other circumstance will only occur for reasons of health, safety or the humane treatment of a sick or injured animal;

and that staff be directed to implement the by-law in accordance with these principles; and

(3)that revenue generated from cat registration fees be allocated to a special purpose account to assist with spay/neuter costs for animals adopted from municipal shelters:

Purpose:

To present the Board of Health with a harmonized animal control by-law.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendation:

That authority be granted to introduce the necessary Bill in Council in the form or substantially in the form of the by-law attached to this report.

Council Reference/Background/History:

The Board of Health at its meeting held December 1, 1998, had before it a report (October 29,1998) from the City Solicitor attached to which was a revised animal control by-law which reflected the recommendations made by the Animal Services Sub-Committee of the Board of Health. The Board made a number of recommendations at its December 1, 1998 meeting including the referral of all the material before the Board to its January 1999 meeting. The Board also requested the Medical Officer of Health, in consultation with the City Solicitor, to report on a revised by-law taking into account the concerns and suggestions of the deputants and people who had written to the Board, and any other recommended amendments deemed appropriate.

Comments and Conclusion:

Attached for consideration of the Board is a revised animal control by-law which reflects the directions of the Board of Health. The by-law has been prepared in consultation with the Medical Officer of Health.

Contact Name:

Jane Speakman, Solicitor, 392-1563.

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Authority:

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

A By-law respecting animals.

WHEREAS section 210 of the Municipal Act authorizes a municipality to pass by-laws respecting animals and birds; and

WHEREAS section 220.1 of the Municipal Act authorizes a municipality to pass by-laws imposing fees or charges on any class of persons;

The Council of the City of Toronto HEREBY ENACTS as follows:

PART I

INTERPRETATION

1.In this by-law,

"animal" means all species of fauna excluding humans, fish and aquatic invertebrates;

"animal centre" means a facility operated by or for the City of Toronto for the keeping and disposition of stray and admitted animals;

"at large" means being found on any other property than that of the owner of the animal except where the owner of the property expressly permits the animal to be on his or her property;

"bite" means piercing or puncturing the skin as a result of contact with a dog's tooth or teeth;

"cat" means a feline of the species Felis catus;

"City" means City of Toronto;

"Council" means City of Toronto Council;

"dog" means a canine of the species Canis familiaris;

"dwelling unit" means one room or a group of rooms, occupied or capable of being occupied as the home or residence of one or more persons, and containing only one kitchen or other facility for the preparation of meals;

"ferret" means a ferret of the subspecies Mustela putorius furo;

"keep" means to have temporary or permanent control or possession of an animal and keeping has the same meaning;

"Medical Officer of Health" means the Medical Officer of Health for the City of Toronto Health Unit or any person acting under his or her authority;

"microchip" means an approved Canadian standard, encoded identification device implanted into an animal, which contains a unique code that permits or facilitates access to owner information, including the name and address of the owner, which is stored in a central database accessible to the Medical Officer of Health;

"muzzle" means a humane fastening or covering device of adequate strength over the mouth to prevent a dog from biting;

"owner" means a person or persons who possess, harbour, or have custody of an animal and where the owner is a minor, the person responsible for the custody of the minor;

"pigeon" means any of a widely distributed family of birds derived from self-sustaining captive populations of Columbidae;

"police work dog" means a dog trained for and actually engaged in law enforcement by any Federal, Provincial or Municipal government agency;

"protective care" means the temporary keeping of an animal to a maximum of five (5) days, as a result of an eviction, incarceration, medical or fire emergency or any other situation that the Medical Officer of Health deems appropriate;

"rabbit" means a European rabbit of the species Oryctolagus cuniculus.

PART II

PROHIBITED ANIMALS

2.(1)No person shall keep, either on a temporary or permanent basis, any prohibited animal in the City.

(2)For the purposes of subsection (1), prohibited animals are those classes of animals listed in Schedule A.

3.Section 2 does not apply to:

1.The premises of a City animal centre.

2.The premises of an affiliate or branch of the Ontario Society for the Prevention of Cruelty to Animals.

3.The premises of an accredited veterinary hospital under the care of a licensed veterinarian.

4.The premises of the Toronto Zoo.

5.The premises of facilities accredited by the Canadian Association of Zoos and Aquariums (CAZA).

6.The areas of the City in which professionally produced films are being made by film professionals and film production companies, and only temporarily during filming.

7.The areas of the City in which educational programs are being conducted with animals, if the animals are owned by institutions accredited by CAZA or the American Zoo and Aquarium Association and only while the educational programs are actually being conducted, provided that such programs be limited to a maximum of three days at any one location.

8.Premises registered as research facilities pursuant to the Animals for Research Act, R.S.O. 1990, c.A.22.

9.The premises of slaughterhouses licensed pursuant to the Meat Inspection Act, R.S.O. 1990, c.M.5.

10.The premises of the Toronto Police Department.

11.Domesticated Ungulates of the families Artiodactylus and Perissodactylus, Anseriformes, Galliformes and Struthioniformes:

(a)on lands owned and operated by the City listed in Schedule B; or

(b)on lands zoned agricultural.

12.The premises of the Toronto Wildlife Centre.

4.Subject to section 17, no person shall keep in any dwelling unit more than six (6) of any combination of dogs, cats, ferrets and rabbits except that any person who, on the date of the passage of this by-law, was lawfully keeping more than six (6) of any combination of dogs, cats, ferrets and rabbits may keep those dogs, cats, ferrets and rabbits until they have died or are otherwise disposed of.

PART III

CARE OF ANIMALS

5.Every person who keeps an animal within the City's boundaries shall provide the animal or cause it to be provided with adequate and appropriate care, food, water, shelter, exercise, attention and veterinary care as may be required to meet the need of the species.

6.If an animal is customarily kept out of doors, the person having the custody or control of the animal shall provide for its use at all times a structurally sufficient, weather-proofed and insulated enclosure of appropriate size and dimension.

7.(1)No person shall keep any animal in the City tethered on a chain, rope or similar restraining device of less than three (3) metres in length.

(2)Every person who has tethered an animal shall ensure, at all times, that the animal has unrestricted movement within the range of the tether, and that the animal cannot suffer injury resulting from the tethering.

8.(1)No person shall keep an animal within the City in an unsanitary condition.

(2)For the purposes of subsection (1), an animal is kept in an unsanitary condition where the keeping of the animal results in an accumulation of faecal matter, an odour, insect infestation or rodent attractants which endanger the health of any person or animal, or which disturbs or is likely to disturb the enjoyment, comfort or convenience of any person.

9.(1)Where an animal is sheltered at a City animal centre for protective care, a per diem sheltering fee shall be paid to the Medical Officer of Health in advance of redeeming the animal by the owner in the amount specified in Schedule C.

(2)Where an animal is not redeemed at the end of the protective care period, it shall be treated as an impounded animal.

PART IV

DOGS

10.Every owner of a dog shall,

(1)register the dog with the Medical Officer of Health and pay a tag and licence fee in the amount specified in Schedule C.

(2)until ceasing to be the owner of the dog, obtain a new tag and licence for the dog prior to the expiration of each licence issued for the dog which shall expire the following year on the anniversary date of its initial issuance.

(3)keep the tag securely fixed at all times on the dog for which the tag is issued.

(4)pay a tag replacement fee specified in Schedule C in the event the tag issued for the dog is lost.

11.(1)No owner of a dog shall cause or permit the dog to run at large in the City, except as permitted in those areas of City parks where dogs are permitted to run at large as designated by City by-law.

(2)For the purposes of this by-law, a dog shall be deemed to be running at large when found in any place other than the premises of the owner of the dog and not under the control of any person.

(3)No person shall keep a dog off the premises of the owner other than on a leash which shall not exceed two (2) metres in length except where consent is given by the person owning the property where the dog is found.

12.(1)Sections 10 and 11 do not apply to police work dogs.

(2)Subsection 10(1) does not apply to any owner of a dog that has a lifetime licence issued for the dog by the former City of North York, Scarborough or Toronto.

13.(1)Any dog running at large contrary to the provisions of this by-law may be seized and impounded, or euthanized by the Medical Officer of Health.

(2)Where, in the opinion of the Medical Officer of Health, a dog seized under subsection (1) is injured or ill and should be euthanized without delay for humane reasons or safety to persons, the dog may be euthanized by the Medical Officer of Health without permitting any person to reclaim the dog.

(3)Any dog seized by the Medical Officer of Health shall be impounded for a minimum period of five (5) days from the time of its impoundment, exclusive of the day on which the dog was impounded, and days on which the animal centre is closed, during which time the owner shall be entitled to redeem the dog.

(4)If a dog is not redeemed within the time period referred to in subsection (3), the dog shall become the property of the City and may,

(a)be adopted for a fee in the amount specified in Schedule C; or

(b)be euthanized by the Medical Officer of Health.

(5)Where a dog is seized and impounded by the Medical Officer of Health under subsection (1),

(a)a per diem impoundment fee shall be paid to the Medical Officer of Health in advance of redeeming the dog by the owner in the amount specified in Schedule C; and

(b)the owner shall ensure the dog is identified with a microchip.

(6)Where a dog seized and impounded by the Medical Officer of Health under subsection (1) is injured or ill and receives veterinary care necessary for the well-being of the dog, the Medical Officer of Health shall, in addition to any amount charged pursuant to subsection (5), be entitled to charge the person claiming the dog under this Part the cost of the veterinary care to the Medical Officer of Health.

14.(1)Where the Medical Officer of Health has reason to believe that a dog has bitten a person or domestic animal, the Medical Officer of Health shall,

(a)where the bite is the first bite on record with the City, and where the bite occurred on the owner's premises, serve the owner with a Notice of Caution;

(b)where the bite is a second or subsequent bite on record with the City, serve the owner with a Notice to Muzzle.

(2)Where the Medical Officer of Health has reason to believe that a dog has bitten a person or domestic animal in the City other than on the owner's premises, the Medical Officer of Health shall serve the owner with a Notice to Muzzle.

15.(1)An owner who is served with a Notice of Caution or a Notice to Muzzle is entitled to a hearing by the Medical Officer of Health who may confirm the Notice or exempt the owner from the muzzling requirements.

(2)To receive a hearing, the owner must mail or deliver to the Medical Officer of Health within thirty (30) days after a copy of the Notice of Caution or Notice to Muzzle is served on the owner, notice in writing requesting a hearing.

(3)Although a hearing may be requested, a Notice served pursuant to section 14 takes effect when it is served on the person to whom it is directed.

(4)Once a Notice to Muzzle has been issued and properly served upon the owner of the dog, no person shall permit the dog to be off the premises of the owner unless properly muzzled.

(5)For the purposes of subsection 15(4), where an owner of a dog has exclusive possession of part of a building or property, "premises" means that portion of the property of which the owner has exclusive possession.

(6)Once a Notice to Muzzle has been issued and properly served upon the owner of the dog, the owner of the dog shall ensure that the dog is identified with a microchip.

16.Every owner of a dog shall immediately remove excrement left by the dog on property anywhere within the City.

17.No person shall keep more than three (3) dogs in and about any dwelling unit within the City, except that any person who, on the date of the passage of this by-law was lawfully keeping more than three (3) dogs, may keep those dogs until they have died or are otherwise disposed of.

PART V

CATS

18.Every owner of a cat shall,

(1)register the cat with the Medical Officer of Health and pay a tag and registration fee in the amount specified in Schedule D except that no fees are payable where a cat has a lifetime identification tag issued by the former City of Etobicoke, North York, Scarborough or York or the former Borough of East York.

(2)until ceasing to be the owner of the cat, obtain a new tag for the cat prior to the expiration of the tag issued for the cat which shall expire the following year on the anniversary date of its initial issuance.

(3)keep the cat tag securely fixed at all times on the cat for which the tag is issued.

(4)pay a tag replacement fee specified in Schedule D in the event the tag issued for the cat is lost.

19.No owner of a cat shall cause or permit the cat to be at large in the City.

20.(1)The Medical Officer of Health may take possession of and impound, or euthanize any cat at large contrary to the provisions of this by-law.

(2)Where the Medical Officer of Health has taken possession of a cat under subsection (1) and is of the opinion that the cat is injured or ill and should be euthanized without delay for humane reasons or safety to persons, the cat may be euthanized by the Medical Officer of Health without permitting any person to reclaim the cat.

(3)Where the Medical Officer of Health has taken possession of a cat it shall be impounded for a minimum period of five (5) days from the time of its impoundment, exclusive of the day on which the cat was impounded, and days on which the animal centre is closed, during which time the owner shall be entitled to redeem the cat.

(4)If the cat is not redeemed within the time period referred to in subsection (3), the cat shall become the property of the City and may

(a)be adopted for a fee in the amount specified in Schedule D; or

(b)be euthanized by the Medical Officer of Health.

(5)Where the Medical Officer of Health has taken possession of a cat or has impounded it under subsection (1),

(a)a per diem impoundment fee shall be paid to the Medical Officer of Health, in advance of redeeming the cat by the owner in the amount specified in Schedule D; and

(b)the owner shall ensure the cat is identified with a microchip.

(6)Where the Medical Officer of Health has taken possession of a cat and has impounded it under subsection (1) and it is injured or ill and receives veterinary care necessary for the well-being of the cat, the Medical Officer of Health shall, in addition to any amount charged pursuant to subsection (5) be entitled to charge the person claiming the cat under this Part, the cost of the veterinary care to the Medical Officer of Health.

PART VI

SPAY/NEUTER CLINICS

21.(1)Clinics established for spaying or neutering dogs and cats in the former Cities of Etobicoke, North York and York are continued and referred to as City Spay/Neuter Clinics.

(2)City Spay/Neuter Clinics shall be operated under the control and supervision of the Medical Officer of Health.

(3)No dog or cat shall be spayed or neutered at a clinic unless:

(a)the dog or cat is owned by a resident of the City;

(b)the dog or cat is the property of the City; or

(c)the dog or cat has been adopted from a City animal centre.

22.(1)Where a dog or cat is spayed or neutered, a fee shall be paid to the Medical Officer of Health in advance of the spaying or neutering being performed in the amount specified in Schedule E.

(2)Despite subsection (1), an additional fee in the amount specified in Schedule E payable in advance of redeeming the cat or dog may be charged if the spay or neuter surgery was complicated by the physical condition, including pregnancy, of the dog or cat.

PART VII

PIGEONS

23.No person keeping pigeons shall permit the pigeons to stray, perch, roost or rest upon lands, premises or buildings of any person or upon any public place in the City, except on the property of the person keeping the pigeons.

PART VIII

FEES

24.Fees for additional services provided by the Medical Officer of Health are set out in Schedule F.

PART IX

SCHEDULES

25.Schedules A, B, C, D, E and F attached to this by-law shall form part of this by-law.

PART X

OFFENCES

26.Any person who contravenes any provision of this by-law is guilty of an offence.

PART XI

TRANSITION PROVISIONS

27.An Order or Notice to Muzzle issued under a by-law listed in subsection 28 (1) is continued and is deemed to be a Notice to Muzzle under subsections 14(1) and 14(2) of this by-law.

28.(1)The following are repealed:

1.Borough of East York By-law Number 88-97, being a by-law respecting the care and keeping of cats;

2.Borough of East York By-law Number 39-80, as amended, being a by-law to provide for the licensing of and other matters respecting dogs;

3.Borough of East York By-law Number 60-83, as amended, being a by-law to prohibit the keeping of certain animals and to regulate the keeping of certain other animals and birds within the Borough of East York;

4.Borough of East York By-law Number 30-89, as amended, being a by-law to prohibit the keeping of certain kinds of animals;

5.Borough of East York By-law Number 68-80, as amended, being a by-law to regulate the keeping of animals in the Borough of East York;

6.Borough of East York By-law Number 122-96, as amended, being a by-law to require the muzzling of a dog after it has bitten any person or domestic animal;

7.City of Etobicoke Municipal Code Chapter 95, Animals, as amended;

8.City of North York By-law Number 32819, being a by-law to regulate animals in the City of North York;

9.City of North York By-law Number 32823, being a by-law for the Muzzling of Dogs;

10.City of Scarborough By-law Number 17902, being a by-law to regulate the keeping of pigeons, as amended;

11.City of Scarborough By-law Number 22992, being a by-law to provide for the regulation and keeping of dogs and other animals or any class thereof within the municipality, as amended;

12.City of Scarborough By-law Number 23892, being a by-law to prohibit and regulate the keeping of certain kinds of animals within the municipality;

13.City of Toronto Municipal Code Chapter 133, Animals, as amended;

14.City of York Municipal Code Chapter 303, as amended, Animal Control;

15.City of York Municipal Code Chapter 305, as amended, Dog Excrement Removal;

16.City of York Municipal Code Chapter 317, as amended, Spaying-Neutering Clinic;

17.City of York By-law Number 1192-87, as amended, being a by-law to require that owners of dogs remove excrement left by their dogs in the City of York;

18.City of York By-law Number 2453-92, as amended, being a by-law to prohibit, restrict, regulate and license animals and birds; and

19.Borough of York By-law Number 2510-76, as amended, being a by-law to establish, maintain and operate a clinic for the spaying or neutering of domestic animals in the Borough of York.

(2)Where this by-law conflicts with any other by-laws respecting animals, this by-law prevails to the extent of the conflict.

29.This by-law comes into force on July 1, 1999.

ENACTED and PASSED this ______ day of ______________, A.D. 1999.

____________________________________________________________

MayorCity Clerk

Schedule A

Prohibited Animals

Mammals

Artiodactyla (such as cattle, goats, sheep, pigs)

Canidae (such as coyotes, wolves, foxes, hybrid wolf dogs) except dogs

Chiroptera (bats such as fruit bats, myotis, flying foxes)

Edentates (such as anteaters, sloths, armadillos)

Felidae (such as tigers, leopards, cougars) except cats

Hyaenidae (such as hyaenas)

Lagomorpha (such as hares, pikas) except rabbits

Marsupials (such as kangaroos, opossums, wallabies) except sugar gliders derived from self-

self-sustaining captive populations

Mustelidae (such as mink, skunks, weasels, otters, badgers) except ferrets

Non-Human Primates (such as chimpanzees, gorillas, monkeys, lemurs)

Perissodactyla (such as horses, donkeys, jackasses, mules)

Procyonidae (such as coatimundi, cacomistles)

Rodentia (such as porcupines, and prairie dogs) except rodents which do not exceed 1,500 grams and are derived from self-sustaining captive populations

Ursidae (bears)

Viverridae (such as mongooses, civets, genets)

Birds

Anseriformes (such as ducks, geese, swans, screamers)

Galliformes (such as pheasants, grouse, guineafowls, turkeys)

Struthioniformes (flightless ratites such as ostriches, rheas, cassowaries, emus, kiwis)

Reptiles

Crocodylia (such as alligators, crocodiles, gavials)

All snakes which reach an adult length larger than 3 metres

All lizards which reach an adult length larger than 2 metres.

Other

All venomous and poisonous animals.

Schedule B

Milliken Park

Thompson Park

Sunnybrook Park

Riverdale Park

High Park

Black Creek Pioneer Village

CNE Grounds

Toronto Island Farm

Woodbine Racetrack

Schedule C

Section of By-lawPurposeFee

Section 9Protective Care

first 24 hours or part thereof$40.00

subsequent per diem rate -dogs$20.00

cats$10.00

Section 10Dog Licences

unaltered dog$ 35.00 (1 yr.)

$140.00 (5 yrs.)

dog identified with a microchip$25.00 (1 yr.)

$15.00 (1 yr.) if senior citizen

$75.00 (5 yrs.)

$50.00 (5 yrs.) if senior citizen

dog that is spayed or neutered $15.00 (1 yr.)

$50.00 (5 yrs.)

no fee if senior citizen

dog that is spayed or neuteredno fee

and identified with a microchip

personal assistance dogno fee if certificate is produced from The Canadian National Institute for the Blind or Hearing Ear Dogs of Canada or satisfactory equivalent

replacement licence tag$3.00

Section 13Impoundment Fee (Dogs)

first 24 hours or part thereof$40.00

subsequent per diem rate$20.00

Section 13Adoption Fee$125.00

Schedule D

Section of By-lawPurposeFee

Section 18Cat Registration

unaltered cat$ 35.00 (1 yr.)

$140.00 (5 yrs.)

cat identified with a microchip$25.00 (1 yr.)

$15.00 (1 yr.) if senior citizen

$75.00 (5 yrs.)

$50.00 (5 yrs.) if senior citizen

cat that is spayed or neutered$15.00 (1 yr.)

$50.00 (5 yrs.)

no fee if senior citizen

cat that is spayed or neuteredno fee

and identified with a microchip

replacement registration tag$3.00

Section 20Impoundment Fee (cats)

first 24 hours or part thereof$30.00

subsequent per diem rate$10.00

Adoption Fee$75.00

Schedule E

Section of By-lawPurposeFee

Section 22Spay/Neuter Surgery

Neutering a male dog$60.00

Spaying an immature female dog$90.00less than one (1) year

Spaying a female dog $110.00

more than one (1) year

Neutering a male cat$40.00

Spaying a female cat$60.00

Additional fee if physical complications$20.00

Sheltering fees at clinic (per diem)

dogs$20.00

cats$10.00

Schedule F

Section of By-law Purpose Fee

Section 24 Surrender Fees (Owned Animal)

Dogs$ 35.00

Cats$ 20.00

Litters$ 20.00

Small animals$ 10.00

Cremation Fees

Small animals (<14kg)$ 75.00

Medium animals (14 to 27kg)$100.00

Large Animals (28 to 55kg)$125.00

Extra Large Animals (>55kg)$150.00

Adoption Fees

Birds

Budgie, Finch types$ 5.00

Cockateils, Love Bird types$ 20.00

Parrots

Small(<1 kg)$ 50.00

Large(>1kg)$100.00

Fish$ 5.00

Mammals (other than rodents)$ 40.00

Reptiles, Amphibians and Invertebrates$ 20.00

Rodents$ 5.00

Other

Trap Rentals (Deposit)$100.00

Pick-up and Delivery Fees $ 20.00

Cat Boxes$ 5.00

The Board of Health submits, for the information of Council, the following report (January15, 1999) from the Medical Officer of Health:

Purpose:

To provide supporting comments on the revisions to the By-law Respecting Animals, taking into account the concerns, suggestions and recommendations arising from the deputations, written comments, submissions from the Animal Services Advisory Sub-Committee, the Board of Health and staff.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that the Board of Health receive this report for information (a companion report from the City Solicitor provides the detail of the By-law Respecting Animals).

Background:

The Board of Health at its meeting on December 1, 1998, had before it a report (November 27, 1998) from the Medical Officer of Health regarding the Revised By-law Respecting Animals and a report (October 29, 1998) from the City Solicitor respecting the Revised Animal Control By-law. The Board also had before it a number of reports and communications and heard deputations from a number of interested persons. The Board of Health took the following action with respect to the matters before it that are related to this report:

(1)referred all material before the Board of Health with the exception of those matters referred to in the following Recommendation No. (2), to the Board of Health for its January 1999 meeting, and requested the Medical Officer of Health, in consultation with the City Solicitor, to report thereon with a revised By-law taking into account the concerns and suggestions of the deputants and people who had written into the Board, and any other recommended amendments deemed appropriate;

(2)referred the recommendations of Community Councils with respect to the Uniform Policy for Leashed and Unleashed Dogs in City Parks, the establishment of leash-free zones in the City and the regulation of dog walkers, to the Economic Development Committee for consideration;

(3)requested the Medical Officer of Health to report to the Board of Health on:

(a)details on a public education campaign regarding spay/neuter clinics; and

(b)a clarification of the provisions of the By-law with respect to attendant working dogs (e.g., seeing-eye dogs); and

(4)referred the following motions placed by Councillor Prue to the Medical Officer of Health for consideration:

(a)an appeal process which would consider exemptions, in certain situations, for animals included on Schedule A; and

(b)that the exemption definition contained in the Birds order/family of Psittaciformes be revised to conform with the federal legislation as set out in Appendix I of the Convention on International Trade in Endangered Species (CITES) or the International Union for the Conservation of Nature (IUCN).

Comments:

The development of the By-law Respecting Animals was done within the scope of Toronto Animal Services' mission statement: "To promote and support a harmonious environment where humans and animals can coexist free from conditions that adversely affect their health and safety."

The following outlines the rationale of the revisions to the By-law Respecting Animals. Also incorporated is a response to the request for clarification of the provisions in the by-law with respect to attendant working dogs (e.g., seeing-eye dogs) and response to the motions placed by Councillor Prue. The report outlining the details on a public education campaign regarding spay/neuter clinics will be presented at a future Board of Health meeting. The list of comments is in order as presented in the by-law prepared by the City Solicitor.

(1)Part I, Interpretation:

The definition of "animal" has been narrowed to exclude fish and aquatic invertebrates from reference in this by-law. This means that the City will not regulate the keeping of fish and aquatic invertebrates, such as lobsters.

(2)Part II, Prohibited Animals:

In the previous draft of the by-law, there was a section that allowed Foster Programs under the supervision of an affiliate or branch of the Ontario Society for the Prevention of Cruelty to Animals to keep any animal on the prohibited list in a fostered situation outside of the premises of an OSPCA affiliate or branch. This section was deleted as there is a significant concern that the inclusion of this exemption would permit the keeping of animals that have been prohibited for reasons of health and safety. Such risks could include exposure to rabies vector animals and other zoonotic diseases. The City would also be limited in any action to remedy potential problems if this clause were to remain in the by-law.

(3)Part III, Care of Animals:

Section 7 (2), of the by-law has been amended to read: "Every person who has tethered an animal shall ensure, at all times, that the animal has unrestricted movement within the range of the tether, and that the animal cannot suffer injury resulting from such tethering."

It was recommended by the Animal Services Advisory Sub-Committee that the word "supervised" be included in this section. After further consideration, staff determined that the term "supervised" would be difficult to enforce, therefore, "supervised" was replaced with the phrase "at all times" as this covers a broader scope of control in preventing injury while the animal is tethered.

(4)Part IV, Dogs:

The Board of Health requested a clarification of the provisions of the by-law with respect to attendant working dogs (e.g. seeing-eye dogs). The fee schedule for licencing dogs permits free registration of personal assistance dogs upon proof that the dog is used for such purposes. The proof may be provided by way of certificate from the Canadian National Institute for the Blind or Hearing Ear Dogs of Canada, or any satisfactory equivalent proof.

In the previous draft by-law a provision was included that stated, "No person shall have more than three dogs under his or her control at any time while off the premises of the owner or owners of the dog or dogs." This provision has been deleted from the by-law. This issue has been referred to the Economic Development Committee for consideration in conjunction with the recommendations of Community Councils with respect to the Uniform Policy for Leashed and Unleashed Dogs in City Parks, the establishment of leash-free zones in the City and the regulation of dog walkers.

The reference in the previous draft by-law to the suggested fee guide of the Ontario Veterinary Medical Association has been removed as there may be situations where the City is restricted in recovering all costs incurred when providing veterinary care necessary for the well-being of the dog. This reference has also been deleted from the corresponding section of Part V, Cats.

(5)Part V, Cats:

The section regarding the impoundment of cats has been reworded by replacing the term "seized" with "take into possession." The wording was changed in response to concerns that the term seized had resulted in the misperception that the City would go about seizing cats at will. This replacement wording will allow the City to fulfill service expectations.

(6)Part VIII, Fees:

The current Animal Centres provide other services to animal owners such as adoption, euthanasia, and cremation. The fees for these services are set out in the referenced Schedule F of the by-law. The amounts were established by taking into account the fee schedules in the former municipalities and current costs to deliver the service.

(7)Schedule A: Prohibited Animals:

The list of Prohibited Animals has been significantly reduced to mainly cover animals which may be considered a health and/or safety risk to the community. To a lesser degree the list also includes those animals whose keeping in an urban setting may lead to significant nuisance problems, such as noise and/or odour for neighbouring residents.

Mammals - Four groups of mammals (including whales, seals, manatees and elephants) and references regarding mammals taken from the wild have been removed as there is existing legislation to deal with many of the concerns regarding these animals. The weight limit regarding Rodentia has been increased to ensure inclusion of all commonly kept rodents of self-sustaining captive populations, such as chinchillas.

The prohibited list contains a variety of farm animals due to health and safety concerns as well as nuisance problems. All pigs (including Vietnamese pot-bellied pigs) are prohibited in the by-law, which is consistent with the restrictions that existed in all of the former municipalities in Toronto. Vietnamese pot-bellied pigs can range in size from 35 lbs to over 200 lbs. An exemption based upon weight within a single species and animal breed would be difficult to enforce and does not deal with the other issues, such as potential nuisance problems, and therefore is not recommended.

Birds - Twenty-two groups of birds and references regarding birds taken from the wild have been removed as there is existing legislation to deal with many of the concerns regarding these animals. The order/family of Psittaciformes was one of the twenty-two groups that was deleted. The remaining three groups are considered a health and safety concern and/or present a significant nuisance.

Reptiles - Twelve references to reptile groups and references regarding reptiles taken from the wild have been removed as there is existing legislation to deal with many of the concerns regarding these animals. These groups have been replaced by the prohibition of all snakes which reach an adult length larger than three metres and all lizards which reach an adult length larger than two metres. Further health and safety concerns are addressed by the prohibition of venomous and poisonous animals.

Amphibians - All references have been deleted as any health and safety concerns are addressed by prohibiting venomous and poisonous animals. All references regarding amphibians taken from the wild have been removed as there is existing legislation to deal with many of the concerns regarding these animals.

Other - The only reference remaining under "Other" prohibits the keeping of poisonous and venomous animals.

Schedule A does not include an exemption provision on an appeal process as the Municipal Act does not provide for a public appeal process for prohibited animals as it does for the dog muzzle section. Even if the process was provided, it would be very difficult to establish criteria by which to grant exemptions given the variety of species specific needs to be considered and extra resources that would be required to provide for such appeals.

A grandfather clause has not been included because the animals now remaining on the prohibited list are there for reasons of health and safety and/or present a nuisance.

Conclusions:

This report provides supporting comments on the revisions to the By-law Respecting Animals, taking into account the concerns, suggestions and recommendations arising from the deputations, written comments, submissions from the Animal Services Advisory Subcommittee, the Board of Health and staff.

Contact Name:

Eletta Purdy, Manager, Toronto Animal Services, 394-8109.

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The Board of Health reports, for the information of Council, also having had before it during consideration of the foregoing matter the following communications, a copy of which has been forwarded to all Members of Council and which is on file in the office of the City Clerk:

-(December 1, 1998) from Ms. Wendy Korver, D.V.M., Bowmanville Veterinary Clinic;

-(November 30, 1998) from Mrs. Betty Walker;

-(December 2, 1998) from Mr. Michael Brassard;

-(December 1, 1998) from Ms. Nancy Mueller, Chair, Community Standards Subcommittee of Crime S.C.O.P.E. Etobicoke Office.

-(undated) from Ms. Kristen Boychuk, North York;

-(December 23, 1998) from Dale Gienow, President, Speaking of Wildlife Inc., Baltimore, Ontario;

-(January 12, 1999) from Mr. Christopher Pritchard, Chief Technician, Department of Otolaryngology, and Ms. Tracey Yvonne Young, Logistics Assistant, Communications Department, St. Michael's Hospital, Toronto;

-(January 18, 1999) from Mr. Vern Campbell, East York, Ontario;

-(January 19, 1999) from Mr. Rick Parker, Tottenham, Ontario;

-(undated) from Mr. Vernon Nixon, Toronto, Ontario;

-(January 22, 199) from Mr. Christopher Holoboff, representing The Avicultural Advancement Council of Canada; Parrot Symposium of Canada; Budgerigar and Foreign Bird Society of Canada; and Parrot Association of Canada;

-(January 22, 1999) from Mr. John Nelson;

-(January 22, 1999) from Ms. Barby Hall;

-(January 22, 1999) from Dale and Jody Gienow, Speaking of Wildlife Inc.;

-(January 25, 1999) from Ms. Marlene Semple, Annex Animal Rescue;

-(January 22, 1999) from Ms. Daniela Quaglia, Public Affairs Advisor, Toronto Humane Society;

-(January 23, 199) from Ms. Liz White, Director, Animal Alliance of Canada;

-(January 23, 1999) from H. Makarewicz;

-(January 24, 1999) from Ms. Holly Penfound, Director, Zoocheck Canada Inc., and Ms.LizWhite, Director, Animal Alliance of Canada;

-(January 22, 1999) from Ms. Adelaide Bell;

-(January 25, 1999) from Ms. Anna Young;

-(January 25, 1999) from All Saints Church;

-(January 24, 1999) from Mr. Jeff Hathaway, and Ms. Jenny Pearce, Director, Canadian Exotic Animal Owners Association; and

-(January 25, 199) from Merle Blain, President and Alternate Member, Etobicoke Humane Society.