RECOMMENDATION:

That a new by-law to regulate animal care & licencing be enacted;

And that By-law 2001-23, A By-law to regulate the keeping of animals in the Town of Markham including provision for animal identification, be repealed;

And that By-law 182-86, A By-law to prohibit the keeping of certain classes of animals and to regulate the keeping of certain other classes of animals in the Town of Markham, be repealed;

And that By-law 2002- 276, A By-law to impose fees or charges for services or activities provided or done by the Town of Markham be amended to include the fees for the licencing of animals.

PURPOSE:

To enact a new animal care and licencing by-law incorporating best practices, updated standards, and increased revenue generation for the Town’s animal control program.

BACKGROUND:

Animal Control is a well established and historical service activity of a municipality. In order to provide the service effectively, the regulations regulating the activity need to be reviewed and updated periodically to ensure regulations are reflective of changes in the animal control field and the expectations of the public for service.

In 2004, the By-Law Enforcement & Licencing Division engaged a consultant in the Animal Control field to work with staff and the public to develop a new by-law, incorporating best practices, updated standards, and to increase revenue generation capabilities to offset increasing corresponding expenditures. A public meeting on the proposed new by-law was held in June and was followed by a series of meetings with residents and interest groups for further input.

OPTIONS/DISCUSSION:

Town’s Animal Control Program

The Town’s Animal Control Program consists of two key components: (1) animal sheltering and enforcement and (2) animal care & licencing.

Animal sheltering is the provision of a shelter for the temporary housing of animals with the objective of returning animals to their owners or the placement of animals through adoption. The enforcement component consists of field staff patrolling the community during weekdays proactively seeking and responding to animal-at-large and off-leash complaints. This service is currently provided by an external party contractor.

Animal care & licencing is the enactment and administration of a by-law establishing community standards and regulations for the care and control of animals and for the safety of residents. Regulations in the by-law include leasing requirements, restrictions on number of pets, standards for the care of animals and other components. Licencing is the provision of identification for animals in Markham to facilitate the return of animals to their owners.

Key By-Law Components

The following table lists key components of the proposed new by-law:

Current By-law Issue	Proposed By-law
The by-law regulations apply to urban area only	Regulations to apply to whole Town except for active farming operations (agriculture best practice regulations are applicable)
Municipality has no authority to assume control of animals whose owners are detained by police or are absent by illness	Regulations for municipality to assume control of animals where owners are in protective care or absent due to illness.
You can only have a maximum of two dogs and two cats- not four of one type	Persons will be allowed a maximum total of four pets with no limit on type (may have four dogs)
Running-at-large regulations apply only to urban area	Running-at-large regulations will apply to the whole Town
No regulations for an owner permitting or encouraging an animal to attack	Offence incorporated into by-law for a owner permitting or encouraging an animal to attack or bite without provocation
Muzzling provisions in by-law are difficult to enforce	Enforceable by-law provisions requiring the muzzling of dogs
Health Officials are required to issue an quarantine order for animal bites	Municipality will be able to immediately issue quarantine order for animal bites
Separate by-law amendment required each time a person requests to keep pigeons	By-Law permits pigeons and rabbits within the Town (Agreement still required for specific conditions for each location)
No regulations for trapping methods of wildlife	Prohibition of certain trapping methods of wildlife within the Town
Regulations pertaining to prohibited animals are in a separate by-law	Incorporation of the prohibition of certain animals into a consolidated by-law
No regulations for individuals bringing performing animals into Town	Regulations for animals used in exhibits, entertainment and performances will be in place
Barking dogs covered by Noise By-Law enforced by By-law Officers only	Once noise regulations are under Animal Control & Licencing By-law, both Animal Control & By-law Officer can enforce

Licencing Revenue Considerations

Since 1999, annual costs for animal control services have doubled, while licencing fees have remained constant. As Markham continues to grow, the animal population will be growing increasing the annual costs to control and manage the animal population. The by-law contains revised licencing fees to increase annual revenues to offset the higher costs of improved service levels. The revised fees and staff initiatives to increase the total numbers of animals licenced each year is projected to increase annual animal licencing revenues from $40K in 2005 to $100K in 2006.

Licence Fee Table

Category	Current	Proposed
Unaltered, dog or cat, over 6 months	$20- dogs & $10- cats	$40
Unaltered, dog or cat, under 6 months	Not applicable	$25
Sterilized, dog or cat	$20- dogs & $10- cats	$25
Microchip, dog or cat	$10- dogs & $0- cats	$25- dogs & $10 cats
Sterilized & Microchip, dog or cat	$10- dogs & $0- cats	$10
Lost tag replacement	$1	$5
Late renewal fee	none	$10
Senior reduction	50%	50%

Projected Licencing Numbers & Revenues

	2005	2005	2006	2006
	# Licenced	Total Fees ⁽¹⁾	# Licenced	Total Fees ⁽²⁾
Dogs	3,500	37,300	5,500	91,600
Cats	250	700	500	8,400
	3,750	$40,000	6,000	$100,000

⁽¹⁾Average licence fee- $10.66

⁽²⁾Average licence fee- $16.66

Fines

Section 103 (1)(c) of the Municipal Act 2001, S.O. 2001, c. 25 allows municipalities to establish voluntary payment of penalties (fines) for contraventions of an animal control by-law. The following offences and fine amounts are proposed.

Offence	Proposed Fine
Fail to keep animal under sanitary conditions	$50
Inappropriate Tether	$50
Dog at large	$50
Cat trespass	$50
Keep too many animals	$50
Fail to stoop and scoop	$75
Noise violation	$75

FINANCIAL CONSIDERATIONS:

Noted in Licence Revenue Considerations Section

ENVIRONMENTAL CONSIDERATIONS:

None

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal

ATTACHMENTS:

Appendix A- Proposed By-Law & Existing By-Law Comparison Table

S. Birrell

Town Clerk

A. Taylor

Commissioner Corporate Services

	GENERAL COMMITTEE


TO:	Mayor and Members of Council

FROM:	Sheila Birrell, Town Clerk

PREPARED BY:	William Wiles, Manager, By-Law Enforcement & Licensing

DATE OF MEETING:	May 30, 2005

SUBJECT:	Animal Care & Licencing By-Law