REPORT TO General Committee April 3, 2006

SUBJECT: Keeping of birds of prey at 6 Erlane Avenue, Markham

PREPARED BY: W. Wiles, Manager, By-law Enforcement & Licensing

RECOMMENDED BY: ____________________ ____________________

Town Clerk Commissioner, Corporate Services

RECOMMENDATION:

That a request received from Christine McGeean to permit the keeping of a bird of prey at 6 Erlane Avenue in Markham not be approved.

Christine McGeean, a resident at 6 Erlane Avenue, has contacted the Town, inquiring as to whether her daughter Maureen would be permitted to keep a bird of prey in a falcon “mews” in the backyard of the McGeean home at 6 Erlane. Maureen has been working with two individuals who operate a business using birds of prey to control nuisance birds on golf courses, and also in educational and promotional work. Maureen has an interest in acquiring a falconry bird of her own to pursue similar activities as an apprentice falconer under their supervision. The falconers with whom she is associated hold falconry licences issued by the Ministry of Natural Resources under the Wildlife in Captivity Regulation 264/05 of the Fish and Wildlife Conservation Act.

Town of Markham By-law 2005-254 s. 12.1 (1) prohibits the keeping of Prohibited Animals, a list of which appears on Schedule “A” of the By-law. Included among Prohibited Animals are “all large predatory birds, including but not limited to Eagle, Hawk, Falcon, Owl, Vulture, and Condor.” A number of exemptions from the prohibition in s.12(1) are listed in s.12(3) of the By law. None of the listed exemptions apply to the keeping of birds of prey by a private individual in a residential location.

The intent of the above prohibition was to not allow the keeping of designated prohibited animals in residential areas. The prohibition appropiate because of the following:

· predatory nature of the birds and concerns for the safety of neighbouring children, older adults, and pets;

· difficulties in creating suitable housing for the birds meeting their health and social needs and complying with local municipal regulations;

· potential for transmittal of diseases;

· challenges in providing and the appropriateness of the required nutritional food types in a residential area.

The provisions of By-law 53-94 (Home Occupation By-law) may also apply and may be in conflict should the bird(s) of prey be acquired and used for commercial purposes.

Upon review of the relevant provisions and the intent of By-law 2005-254, it must be concluded that Ms McGeean’s request cannot be supported.

If Council wishes to permit Ms. McGeean to keep a falconry bird at 6 Erlane Avenue, a site specific exemption to the by law is required.