Town of Huntsville Staff Report

Meeting Date: August 15, 2019 To: Development Services Committee

Report Number: DEV-2019-221 Confidential: No

Author(s): Andrew Stillar, Chief By-law Enforcement Officer

Subject: Exotic By-law

Report Highlights

This report provides an overview of the proposed changes to the Exotic By-Law.

Recommendation

That: Committee approve the draft Exotic Pet By-law dated August 15th, 2019, and attached as Appendix "I" to Report DEV-2019-221;

And Further That: The by-law be forwarded to Council for approval.

Background

Further to Report Nos. DEV-2017-12 and DEV-2017-96, staff continue to review the Town's By-laws and have most recently completed a review of the Exotic Pet By-law No. 2006-135, to ensure that it continued to address the needs and concerns of the community.

Discussion

The review revealed that certain provisions needed to be updated. For example, there was not a single definition in the by-law. In addition, a prohibition has been added specifically to prevent a Circus from being held anywhere within the Town.

Proposed Changes:

Preamble: Has expanded as over the past several years the Municipality's role and authorizations have been further explained and expanded. Definitions: Several definitions have been revised and new definitions have been included within the draft by-law. These improved definitions will give additional clarity to the by-law and enable staff to properly deal with repeat occurrences that have arisen over the years.

Exemption Process: The proposed updated by-law also includes an exemption process section. Committee could provide an opportunity to hear from the applicant, discuss the issue and either allow a person to keep a prohibited animal (listed in Schedule A of the Draft By-law) or deny the request.

Fines: Fines and short form wording have been added to include more offences. As Committee will recall, all fines and short form wording must be approved by the Chief Justice for the Ministry of the Attorney Generals Office before a fine can be issued.

Public Awareness: Since the passage of the by-law in 2006, the by-law department has received very few complaints about exotic pets.

The draft by-law has been attached as Appendix "I".

Options

• Repeal and replace By-law No. 2006-135 (recommended) • Not repeal By-law No. 2006-135 (not recommended)

Capital

Not at this time.

Operational

Not at this time.

Council Strategic Direction / Relevant Policies / Legislation / Resolutions

Town of Huntsville Strategic Plan 2017 GOAL #3: Ensure Municipal operations are streamlined, efficient and effective. Objectives: Continuously review all bylaws and administrative requirements to ensure they are appropriate and necessary. By-law Enforcement - Functional Review Report No. DEV-2017-12

Attachments

Exotic Pet Bylaw 22 May 2019

Respectfully Submitted: Andrew Stillar, Chief By-law Enforcement Officer

Manager Approval (if required): ______

Director Approval: Kirstin Maxwell, Director of Development Services

CAO Approval: Denise Corry, Chief Administrative Officer

CORPORATION OF THE TOWN OF HUNTSVILLE

BY-LAW NO. 2019-XX

Being a By-law to Prohibit the Keeping of Certain Animals within the of the Town of Huntsville

WHEREAS pursuant to Section 11 of the Municipal Act, 5.0. 2001, c. 25, as amended, authorizes a Municipality of pass by-laws respecting matters within the jurisdiction of animals;

AND WHEREAS pursuant to Section 425 of the Act, a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence;

AND WHEREAS pursuant to Section 426 of the Act, no person shall hinder or obstruct, or attempt to hinder or obstruct any person who is exercising a power or performing a duty under a by-law passed under this Act;

AND WHEREAS pursuant to Section 429 of the Act, a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act;

AND WHEREAS pursuant to Section 436 of the Act, a municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether a by-law of the municipality passed under the Act is being complied with;

AND WHEREAS the Corporation of the Town of Huntsville deems it desirable, for the protection of the public and in the public interest to pass a by-law to prohibit the keeping of exotic, wild and non-domestic animals within the limits of the Town of Huntsville;

NOW THEREFORE the Council of the Corporation of the Town of Huntsville enacts as follows:

1.0 Definitions

In this by-law:

1.1 "Animal" means any non-human , , or ;

1.2 “By-Law Enforcement Officer” means a person who is appointed by Council to enforce bylaws enacted and passed by Council;

1.3 “Circus” means a traveling public entertainment company that has trained or preforming animals weather the animals are listed in Scheduled “A” or not;

1.4 "Council" means the Council of The Corporation of the Town of Huntsville;

1.5 “Keep” means having the care, custody, control or possession of an animal;

1.6 “Owner” means the registered Owner of the land and also includes a trustee acting on behalf of the registered Owner, the estate of a registered Owner and a Person with a leasehold interest in the land;

1.7 “Person” means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a Person to whom the context can apply, according to law;

1.8 “Town” means the Corporation of the Town of Huntsville;

2.0 Prohibition

2.1 Except as provided in Section 4 of this by-law, no person shall keep, harbour, sell or show any animal as listed in Schedule "A" to this By-law anywhere within the Town.

2.2 No person shall permit or cause a Circus to be held anywhere within the Town.

2.3 No person who operates a business within the Town that includes the sale of pets shall possess, keep, sell or otherwise make available any animals listed in Schedule 'A' of this by-law.

3.0 Issuance and Compliance with Notice

3.1 A Municipal by-law Enforcement Officer may issue a notice of removal with respect to any prohibited animal found on any premises, setting out a time and date by which such animals shall be removed from the premises.

3.2 Every Owner or Lessee shall comply with such notice within the stated time.

4.0 Exemptions

4.1. It is permissible to keep any animal of the kind listed in Schedule "A" to the by-law in the following places or circumstances: a) In a Veterinary Hospital under the care of a Licensed Veterinarian; b) In a public compound; c) In a Zoo or Wildlife Sanctuary; d) In a designated pound or shelter; e) Premises registered as research facilities pursuant to the Animals for Research Act; f) A Farmer carrying out a farm operation involving the following alternative livestock animals: llamas, alpacas, emus, ostrich, rheas, mink, , gerboa and where such use is permitted by the Town of Huntsville Zoning By law and providing that the animals are kept in a secure, humane, and escape proof cage, tank or enclosure; g) Keeping of all Serpentes of the families Pythonidae and Boidae under the length of 2 meters (6 feet); h) Persons carrying out educational programs in conformance with any provincial or federal laws.

5.0 Exemption Application Process

5.1 Notwithstanding the prohibitions contained in this by-law, any Person may submit an Exotic Pet By-law Exemption Application to the Town. The Town may approve, approve with conditions or refuse to approve a Exotic Pet By-law Exemption Application. An approved Exotic Pet By-law Exemption Permit may contain such terms and conditions as the Town sees fit.

5.2 To initiate the process for an Exotic Pet By-law Exemption, an Applicant shall submit the prescribed form which is available from the Town.

5.3 No Person shall make a false or misleading recital of fact, statement or representation on an Exotic Pet By-law Exemption Application.

5.4 Upon receipt of an Exotic Pet By-law Exemption Application, the Clerk shall schedule the matter for consideration on the next Development Services Committee Meeting agenda and shall notify the Applicant of the scheduling details. The Applicant and any other Person wishing to speak to the matter shall be given the opportunity to delegate the matter before Development Services Committee.

5.5 At the Development Services Committee meeting, the onus is on the Applicant to show cause why the Exotic Pet By-law Exemption Application should be approved with or without Conditions;

5.6 Where the Applicant has been provided with notification of the Development Services Committee meeting and does not attend, Committee may proceed to deal with the matter in the absence of the Applicant.

5.7 The Development Services Committee shall hear the evidence and ask questions of the By-Law Enforcement Officer, the Applicant if present, and any other Person permitted to be heard.

5.8 After hearing all of the evidence and submissions, the Development Services Committee shall debate the matter and reach a decision.

5.9 The decision made by the Development Services Committee shall be confirmed by resolution and is final.

5.10 A copy of the resolution shall be mailed to the Applicant or be personally served on them.

5.11 The term of the approval of any Exotic Pet By-law Exemption Application shall be indicated on the Exotic Pet By-law Exemption Permit. After such time the Exotic Pet By-law Exemption Permit shall become null and void.

5.12 Where an Exotic Pet By-law Exemption Application is approved, with or without Conditions, no Person shall have a vested right to its continuation or re-issuance.

5.13 The Town may revoke an approved Exotic Pet By-law Exemption Permit when: a) the Applicant cannot satisfy the Terms required for the Exotic Pet By-law Exemption Permit being sought; b) the Exotic Pet By-law Exemption Permit holder has failed to remedy any reasonable concern with regard to conditions of an Exotic Pet By-law Exemption Permit; c) the Applicant has failed to comply with any requirements of this or any other applicable by-law, or any provincial or federal statute or regulation; d) the Applicant made a material misrepresentation in their Exotic Pet By-law Exemption Application or supporting documentation; e) the Applicant is not complying with any Terms or Conditions of the approved Exotic Pet By-law Exemption Permit; or f) the Applicant may have, since receiving the Exotic Pet By-law Exemption Permit, acted in a manner that would appear to give rise to issues relating to the specific grounds for consideration.

5.14 Notice of Revocation of an Exotic Pet By-law Exemption Permit issued shall be in a written form and may be communicated to the Applicant by a By-law Enforcement Officer via any one of the following approved methods: a) personal service to the Applicant; b) mailing the notice through registered mail to the Applicant at the address noted on the Exotic Pet By-law Exemption Application. When notice of the Exotic Pet By-law Exemption Permit revocation is communicated to the Applicant via regular mail, the Exotic Pet By-law Exemption Permit shall be deemed to be suspended or revoked five (5) business days after mailing.

5.15 Where an Exotic Pet By-law Exemption Permit is revoked, the Applicant must cease the activity causing the activity for which they have been exempted and may submit a written appeal to the revocation with the Clerk within five (5) calendar days of receipt of the Notice of Revocation.

5.16 Upon receipt of a written appeal to Exotic Pet By-law Exemption Permit revocation, the Clerk shall schedule the matter for consideration on the next Development Services Committee Meeting agenda and shall notify the Applicant of the scheduling details. The Applicant shall be given the opportunity to delegate the matter before Development Services Committee.

5.17 At the Development Services Committee meeting, the onus is on the Applicant to show cause why the Exotic Pet By-law Exemption Permit should not be revoked.

5.18 Where the Applicant has been provided with notification of the Development Services Committee meeting and does not attend, Committee may proceed to deal with the matter in the absence of the Applicant.

5.19 The Development Services Committee shall hear the evidence and ask questions of the By-Law Enforcement Officer, the Applicant if present and any other Person permitted to be heard.

5.20 After hearing all of the evidence and submissions, the Development Services Committee shall debate the matter and reach a decision.

5.21 The decision made by the Development Services Committee shall be confirmed by resolution and is final.

5.22 A copy of the resolution shall be mailed to the Applicant or be personally served on them.

6.0 Entry and Inspection

6.1 A By-law Enforcement Officer or their designate may at any time, enter onto a property to determine whether this By-law is being complied with.

6.2 Every Person shall permit a By-law Enforcement Officer to inspect any land for the purposes of determining compliance with this By-law.

7.0 Obstruction

7.1 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any By-law Enforcement Officer exercising a power or performing a duty under this By-law.

7.2 Every Person who has been alleged to have contravened any of the provisions of this By-law, shall identify themselves to a By-law Enforcement Officer upon request, failure to do so shall be deemed to have hindered or obstructed a By-law Enforcement Officer under section 7.1 of this by-law.

8.0 Seizure or Surrender

8.1 A Municipal By-Law Enforcement Officer may take into its possession any animal listed in Schedule 'A' that may be seized or surrendered to him by the owner.

8.2. The Pound Keeper shall keep an animal(s) listed in Schedule “A” pending the outcome of a court case and appeal period. The animal(s) in question shall be disposed of in compliance with the Court decision.

8.3 Animals surrendered to the pound keeper or Municipal By-Law Enforcement Officer become the property of the Town and may be kept, adopted out to a lawful recipient or humanely destroyed by the Town.

8.4 The Pound keeper or his agent is authorized to collect the pound fees from the owner. The fees shall be the amount paid at the same rate as Town of Huntsville to the Pound Keeper plus 10%.

9.0 Penalties

9.1 Every Person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act R.5.0. 1990, c. P.33.

9.2 Every person who contravenes any provision of this By-law is guilty of an offence pursuant to the provisions of the Provincial Offences Act R.S.O. 1990, Chapter P.33, as amended, and upon conviction, a person is liable to a fine of not more than $5,000, exclusive of costs.

9.3 Every Person guilty of an offence under this by-law may, if permitted under the Provincial Offences Act, pay a set fine and the Chief Judge of the Ontario Court Provincial division, shall be requested to establish set fines in accordance with Schedule “A” attached to this by-law.

9.4 Every person who contravenes any provision of this bylaw is guilty of an offence and upon conviction pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, shall be subject to the following penalties: a) Upon a first conviction to a fine of not less than $100 and not more than $500; b) Upon a second or subsequent conviction for the same offence, to a fine of not less than $500 and not more than $1,000; c) Upon conviction for a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100 and not more than $1,000.

10.0 Enforcement

10.1 Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce this by-law at any time.

11.0 Schedules

11.1 Schedules A and B as attached form part of this by-law.

12.0 Repeal of By-Laws

12.1 That By-law No. 2006-135 and any amendments thereto are hereby repealed upon receiving approval from the Ministry of the Attorney General for the set fines as identified in Schedule “B” of this by-law.

13.0 Severability

13.1 If a Court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force.

14.0 Short Title

14.1 This by-law shall be known as the “Exotic Pet by-law.”

READ a first second and third time and finally passed this XXth day of XXXXX, 2019.

______Mayor (Scott Aitchison) Clerk (Tanya Calleja)

A By-law to Prohibit the Keeping of Certain Animals within the Town of Huntsville

Schedule "A" to By-law 2019-XX

Class of Animal Common Name - Examples *

All Animals on the list of Convention on International Trade and Endangered Species (CITES #1 Endangered Species List)

All Venomous

All Venomous

All Artiodactyl Ungulates (except domestic camel, antelope, Llamas, giraffes, goats, sheep, pig, cattle) hippopotamus

All (other than common dog) , jackal, fox, or hybrids

All Chiropterae bat

All Crocodylidae alligator, crocodile

All Endentates anteater, armadillo, sloth

All Felids (other than common ) leopard, lion, tiger, lynx, panther, puma, cheetah, jaguar, bobcat, ocelot or hybrids

All Herpestidae mongoose

All Hyanenidae hyena

All Insectivora (Except ) shrews, moles

All Marsupialia bandicoot, kangaroo, opossum, wombat, koala, Tasmanian devil

All Mephitidae skunk

All Mustelidae (except domestic ) marten, polecat, weasel, otters, badgers, mink, fisher, wolverine

All Perissodactyl Ungulates (except domestic horse, tapir, zebra, rhinoceroses donkey, mule or jackass)

All Pinnipediae seal, walrus, sea lion

All Non Human ape, , , gorilla

All Proboscidea elephant

All , , ringtails All Raptors eagle, , , vulture,

All Ratites cassowary, ostrich, emus, rheas

All Ursidae bear

All Venomous Reptilia venomous ,

All Serpentes of the families Pythonidae and Boidae** python, boa, anaconda

All

*Note: The common names referred to in the right-hand column are some of the names of animals included in the classes of animals referred to in the left-hand column of this schedule. The common name are provided for information purposes only and are not intended to limit the extent of the classes of animals referred to.

**Note: Beyond 2 meters in length

Permissible Animals Include: domesticated dogs, , goats, sheep, pig, cattle, horses, mules, donkey, jackass, ferrets, guinea pigs, , mice rats, degu, chinchilla, gerboa, , rabbits

THE CORPORATION OF THE TOWN OF HUNTSVILLE PART I PROVINCIAL OFFENCES ACT BY-LAW NO. 2019-XX – Exotic Pet By-Law

SCHEDULE “B”

Item Short Form Wording Provision Creating Set Fine or Defining Offence

1. Keeping or Harboring of prohibited animal s. 2.1 $ 250.00

2. Selling or showing of prohibited animal s. 2.1 $ 250.00

3. Permit or cause a Circus to be held s. 2.2 $ 250.00 within the Town

4. Business possess, keep, sell or otherwise s. 2.3 $ 250.00 make available

5. Fail to comply with notice s. 3.2 $ 250.00

6. Make a false or misleading recital of fact, s. 5.3 $ 175.00 statement or representation on an application

7. Hinder or obstruct an officer from s. 7.1 $ 300.00 performing their duty

NOTE: The general penalty provision for the offences listed above is Section 9.0 of By-law 2019-XX, a certified copy of which has been filed.