By-law to Amend By-law No. 20-85 -

Olde Town Toronto Tours Limited

The Emergency and Protective Services Committee recommends the adoption of the report (May 20, 1998) from the General Manager, Toronto Licensing, subject to the following:

(1)the proposal by Olde Town Toronto Tours Limited be approved for a six-month trial period; and

(2)the approval of the proposed routes by the Commissioner of Works and Emergency Services, the Chief of Police, the General Manager, Toronto Transit Commission, and the City Solicitor and that they submit a joint report thereon to City Council on July 8, 1998.

The Emergency and Protective Services Committee reports, for the information of City Council, having requested:

(a)the Toronto Humane Society to review the details of the proposed amendments to By-law No. 20-85;

(b)the Kensington Market Association to comment on this proposal;

(c)the Chief of Police to report on any concerns he may have relating to this proposal, and to submit their comments/ reports thereon directly to City Council for consideration on July 8, 1998.

The Emergency and Protective Services Committee also reports, for the information of City Council, having requested the City Solicitor to review Section 10 of Schedule 35 to By-law No. 20-85 which refers to the "boundaries of the City of Toronto" and bring forward the necessary amendment in light of amalgamation.

The Emergency and Protective Services Committee submits the following report (May 20, 1998) from the General Manager, Toronto Licensing:

Recommendation:

1)By-law 20-85 Schedule 35, Section 17 be amended to permit the operation of horse drawn trolleys with a passenger capacity of 25 persons.

2By-law 20-85 Schedule 35, Section 23(3) be amended to delete the word "Commission" and to insert the words "Commissioner of Urban Planning and Development Services".

Background:

The attached Notice of Motion was before City of Toronto Council on May 14, 1998. At that time the report was referred to Committee for further discussion.

In the course of the debate at Council, concerns were raised about the well being of the horses and about possible traffic problems. Both of these matters are addressed in By-law 20-85 Schedule 35. (Copy enclosed).

Animal Welfare

Schedule 35, Section 11 (I) - (ii) describes the hours a horse may work

Section 12 limits the time of year the horse drawn vehicles may work

Section 13 (I) - (7) regulates the physical condition of the horse

Section 17 (5) and (6) limits the temperature under which the vehicle may operate

Traffic Concerns

Section 9 (1) and (2) prohibit the use of these vehicles during morning and afternoon rush hours

Section 28 and 29 restrict roads on which these vehicles may travel.

On May 13, 1998 Council also approved the Restructuring of the Toronto Licensing Commission, Section 23 (3), Schedule 35 of By-law 20-85 currently requires that the Commission designate a person to examine the drivers of horse drawn vehicles. With the implementation of the restructuring of the Commission this responsibility should rest with Council or Council's designate. I recommend that Council designate the Commissioner of Urban Planning and Development Services to exercise this function.

The Subsection would then read (3) Every applicant for a license as a driver shall be examined by a person designated by the Commissioner of Urban Planning and Development Services as to his ability to:

(a)handle horses in traffic;

(b)harness horses;

(c)groom and care for horses; and

(d)detect lameness in horses and assess their general health.

Conclusion:

Emergency and Protective Services Committee adopt the recommendations set out in this report.

Contact Name and Telephone Number:

Carol Ruddell-Foster, General Manager, Toronto Licensing

416-392-3070

The Emergency and Protective Services Committee also had before it the following communications:

(a)(May 28, 1998) from Leanne Wong, Project Strategist, Toronto Humane Society, 11 River Street, Toronto, M5A 4C2, requesting that the Toronto Humane Society be included in further discussions and be consulted in the drafting of reports related to the horse-drawn trolley issue;

(b) (June 9, 1998) from Leanne Wong, Project Strategist, and Dr. Steve Sheridan, Director of Animal Services and Chief Veterinarian, Toronto Humane Society, 11 River Street, Toronto, M5A 4C2, recommending that Schedule 35 to By-law No. 20-85 not be amended and that no changes be made to affect the status quo regarding horse-drawn vehicles in the City of Toronto for the following reasons:

1.traffic congestion and decreased capacity of the roads to handle traffic;

2.behavioural traits and biological care requirements of horses that are not conducive to pulling vehicles in the urban setting; and

3.the high level and cost of enforcement required to properly monitor horse-drawn vehicles, if such an activity is allowed to expand.

(c)(June 11, 1998) from Mr. Tim Trow, President, Friends of Horses Inc., 385 Balliol Street, Toronto, M4S 1E1, expressing concerns with regard to the use of horse-drawn trolleys in downtown Toronto and providing background information and newspaper articles on this issue; and

(d)(June 11, 1998) from Councillor Kyle Rae, Downtown, in support of the proposal of the Olde Town Toronto Tours Limited for a horse and trolley service in downtown Toronto provided that the operator honours their commitment to operate as per the proposed route, and does not come east of University Avenue.

(Copies of Schedule 35 of By-law No. 20-85 and the documents listed above were forwarded to all Members of Council with the Agenda and Supplementary Agenda of the Emergency and Protective Services Committee meeting of June 16, 1998, and are on file in the Office of the City Clerk.)

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The following persons appeared before the Emergency and Protective Services Committee in connection with the foregoing matter:

Ms. Leanne Wong, Project Strategist, Toronto Humane Society;

Dr. Steve Sheridan, Director of Animal Services and Chief Veterinarian, Toronto Humane Society;

Mr. Tim Trow, President, Friends of Horses Inc.; and

Mr. Lorenzo D'Urso, President, and Ms. Miriam Isenberg, Director, Olde Town Toronto Tours Limited, 71 City View Drive, Etobicoke, M9W 5A5, who also filed a copy of their submission with the Committee.

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Councillor Tom Jakobek, East Toronto, also appeared before the Emergency and Protective Services Committee in connection with the foregoing matter.