TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on July 29, 30 and 31, 1998

EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

REPORT No. 7

1By-law to Amend By-law No. 20-85 -Olde Town Toronto Tours Limited

City of Toronto

REPORT No. 7

OF THE EMERGENCY AND PROTECTIVE SERVICES COMMITTEE

(from its meeting on June 16, 1998,

submitted by Councillor Dennis Fotinos, Chair)

As Considered by

The Council of the City of Toronto

on July 29, 30 and 31, 1998

1

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

Olde Town Toronto Tours Limited

(City Council on July 29, 30and 31, 1998, amended this Clause by striking out the Recommendation of the Emergency and Protective Services Committee and inserting in lieu thereof the following:

"It is recommended that the Clause be received and no action taken; and, further, that the Commissioner of Works and Emergency Services be requested to report to the Emergency and Protective Services Committee on the means, including the process, to prohibit all horse-drawn vehicles in the downtown core of the City.")

(City Council on July 8, 9 and 10, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on July 29, 1998.)

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(Clause No. 2 of Report No. 6 of the Emergency and Protective Services Committee)

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 July8, 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 No. 20-85 Schedule 35, Section 17 be amended to permit the operation of horse-drawn trolleys with a passenger capacity of 25 persons.

(2)By-law No. 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 No. 20-85 Schedule35. (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; and

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 No. 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:

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

Contact Name and Telephone Number:

Ms. Carol Ruddell-Foster, General Manager, Toronto Licensing, 416-392-3070

The Emergency and Protective Services Committee reports, for the information of Council, also having had before it the following communications:

(a)(May 28, 1998) from Leanne Wong, Project Strategist, Toronto Humane Society, 11River 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 its 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 CityClerk.)

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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.

(City Council on July 8, 9 and 10, 1998, had before it, during consideration of the foregoing Clause, the following report (June 29, 1998) from the General Manager, Transportation Services:

Purpose:

To comment directly to Council on the proposal to allow the size of sightseeing tour horse-drawn vehicles to be increased from five passengers to 25 passengers.

Recommendations:

It is recommended that:

(1)By-law No. 20-85 Schedule 35, Section 17, be amended to permit the operation of horse-drawn vehicles with a passenger capacity of 25 persons, for a six month trial period; and

(2)By-law No. 20-85 Schedule 35, Section 23(3), be amended by deleting the word "Commission" and inserting the words "Commissioner of Urban Planning and Development Services" in place thereof.

Background:

At its meeting of June 16, 1998, the Emergency and Protective Services Committee considered a report from the General Manager of the Toronto Licensing Commission, dated May 20, 1998, addressing a proposed amendment to By-law No. 20-85 Schedule 35 which would increase the passenger capacity of sightseeing horse-drawn vehicles from five to 25.

The Committee recommended adoption of the foregoing report 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 of the Toronto Transit Commission, and the City Solicitor and that they submit a joint report thereon to City Council on July 8, 1998.

Discussion:

At present sightseeing horse-drawn vehicles with a passenger capacity of five persons are permitted on City of Toronto streets except between 2:00 a.m. and 10:30 a.m. on any day, or between 3:00p.m. and 6:30 p.m. (with the exception of Saturdays, Sundays and public holidays). The existing by-law prohibits these vehicles from traveling on Lake Shore Boulevard at any time.

From a traffic perspective the impacts of a 25-passenger horse-drawn vehicle will not be significantly different than a five passenger vehicle. The speeds of the vehicles will be similar, and the larger horse-drawn trolleys will be able to manoeuvre street intersections effectively.

However Olde Town Tours Limited expect to operate two 25-passenger trolleys rather than eight five-passenger buggies. The traffic impact of the two larger vehicles should be less in total than the eight smaller ones.

The intention of Olde Town Tours Limited is to bring its horse-drawn trolleys out of Exhibition Place at 10:30 a.m., using Bathurst Street and Front Street to access the downtown area. The trolleys will circulate the downtown area, principally on non-arterial roadways, and travel along the curb lane of Spadina Avenue approximately four times per day. The tour operators do not intend to stop on Spadina Avenue to pick-up or drop-off passengers. The trolleys will return to Exhibition Place at 3:30 p.m.

The area that the horse-drawn trolleys will manoeuvre through is generally defined by Spadina Avenue to the west, the University of Toronto to the north, and Front Street to the south. The operators do not intend to travel on or across University Avenue as an easterly boundary.

Transportation Services staff liaised with their colleagues in the Toronto Police Service and Toronto Transit Commission (TTC). Police Traffic Services expressed concern that a horse-drawn vehicle could cause traffic flow problems on week days and also Saturdays on Spadina Avenue and Front Street, in front of the Convention Centre. There may be conflicts between the horse-drawn trolleys and vehicles parking and unparking, and taxi cabs at the Convention Centre. There may also be conflicts between the horse-drawn trolleys turning right and pedestrians waiting to cross the road, because pedestrians may misjudge the turning radius of the trolleys.

Our TTC colleagues are concerned about the potential impact of a slow-moving vehicle on their streetcar routes downtown. In this area streetcars operate on four-lane east/west roadways which typically allow parking in the curb lane during off-peak periods. Therefore all traffic is restricted to one lane in each direction, on the streetcar tracks. Because horse-drawn trolleys could cause congestion and delay streetcar service, the operators could be instructed not to operate their horse-drawn vehicles along King Street, Queen Street, Dundas Street and College Street.

This report has been discussed with staff of the City Solicitor's office.

Conclusions:

Staff anticipate that the amendment of By-law No. 20-85 Schedule 35 to allow 25-passenger horse-drawn vehicles should not have a significant impact on the safety and capacity of traffic in downtown Toronto. However the six-month trial will provide staff with the opportunity to monitor and evaluate the operation of these vehicles and recommend additional by-law amendments prior to the 1999 tourist season if necessary.

Contact Name and Telephone Number:

Peter Hillier, Senior Manager, Traffic Regions, (416) 392-5348.)

(City Council also had before it, during consideration of the foregoing Clause, a submission (July2, 1998) from the Chief Operating Officer, Toronto Humane Society providing, as requested by the Emergency and Protective Services Committee, a review of the details of the proposed amendments to Licensing By-law No. 20-85, to permit horse-drawn trolleys with a passenger capacity of 25persons.)

(City Council also had before it, during consideration of the foregoing Clause, communications from the following individuals and organizations, commenting on the re-introduction of horse-drawn vehicles in Toronto:

(i)(June 28, 1998) from the President, Friends of Horses Inc.;

(ii)(June 29, 1998) from the Chief Executive Officer, Ontario Society for the Prevention of Cruelty to Animals;

(iii)(June 27, 1998) from Ms. Terri D. Daniels, North York;

(iv)(July 7, 1998) from Ms. Liz White, Director, Animal Alliance of Canada, on behalf of the Animal Protection Institute, the Canadian Federation of Humane Societies, the World Society for the Protection of Animals, and Zoocheck Canada Inc.;

(v)(July7, 1998) from Mr. A. Veltri, Prestige Horse Drawn Carriage Co.; and

(vi)(June 30, 1998) from Ms. Nicola Thompson, Toronto, submitting a petition containing 317signatures in support of a ban on horse-drawn vehicles on City streets.)

(City Council also had before it, during consideration of the foregoing Clause, a communication (July8, 1998) from the City Clerk, advising, with respect to the aforementioned communication dated June30, 1998, from Ms.NicolaThompson, Toronto, that the office of the City Clerk is in receipt of pages containing an additional 46 signatures.)

(City Council also had before it, during consideration of the foregoing Clause, a communication (September 1991) submitted by Ms. Margaret Ann Johnson, issued by the Carriage Horse Action Committee, New York, pointing out that the horse-drawn carriage is a highly unsafe vehicle for commercial transportation and including documentation supporting legislation to ban the existence of a carriage horse trade within city limits.)

(City Council on July 29, 30 and 31, 1998, had before it, during consideration of the foregoing Clause, the following communications:

(i)(July 28, 1998) addressed to Councillor Joe Mihevc, York-Eglinton, from Ms.DanielaQuaglia, Public Affairs Advisor, Toronto Humane Society (submitted by Councillor Michael Walker, North - Toronto), expressing concerns regarding the health and safety issues related to the proposed amendments to By-law No. 20-85, Schedule35, to permit horse-drawn trolleys with a passenger capacity of 25 persons;

(ii)(July 28, 1998) from Ms. Nicola Thompson, Toronto, Ontario, submitting a petition containing 123 signatures calling for a ban to the licensing of horse-drawn vehicles; and requesting that it be included with the previous petition dated June30, 1998, containing 317 signatures; and

(iii)(July 16, 1998) from Sandy Dutrizac, Toronto, Ontario, submitting comments in opposition to horse-drawn vehicles even being considered for Spadina Avenue.)

Respectfully submitted,

DENNIS FOTINOS,

Chair

Toronto, June 16, 1998

(Report No. 7 of The Emergency and Protective Services committee, including additions thereto, was adopted, as amended, by City Council on July 29, 30 and 31, 1998.)