1. UPDATE OF PET SHOP LICENSING REGULATIONS

mise à jour dU RÈGLEMENT CONCERNANT LES PERMIS POUR ANIMALERIES

COMMITTEE RECOMMENDATION

That Council approve amendments to the Licensing By-law No. 2002-189, as amended, as detailed in Document 1, to establish harmonized regulations for the licensing and regulating of pet shops.

Recommandation DU Comité

Que le Conseil approuve les modifications apportées au Règlement municipal 2002-189 sur les permis d'entreprise, qui sont décrites en détail dans le document 1, qui auront pour effet d'établir un règlement harmonisé pour la délivrance de permis pour animaleries.

Documentation

1. Deputy City Manager, City Operations report dated 11 May 2011 (ACS2011-COS-EPS-0019).

2. Extract of Draft Minutes, 19 May 2011.

Report to/Rapport au:

Community and Protective Services Committee

Comité des services communautaires et de protection

and Council / et au Conseil

11 May 2011 / le 11 mai 2011

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/Directeur municipal adjoint, City Operations/Opérations municipales

Contact Person/Personne ressource : Linda Anderson, Chief, By-law and Regulatory Services

Emergency and Protective Services/Services de protection et d'urgence

(613) 580-2424 x29257, Linda.Anderson@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2011-COS-EPS-0019

SUBJECT:

UPDATE OF PET SHOP LICENSING REGULATIONS

OBJET :

mise à jour dU RÈGLEMENT CONCERNANT LES PERMIS POUR ANIMALERIES

REPORT RECOMMENDATION

That the Community and Protective Services Committee recommend that Council approve amendments to the Licensing By-law No. 2002-189, as amended, as detailed in Document 1, to establish harmonized regulations for the licensing and regulating of pet shops.

RECOMMANDATION DU RAPPORT

Que le Comité des services de protection et d'urgence recommande au Conseil d'approuver les modifications apportées au Règlement municipal 2002-189 sur les permis d'entreprise, qui sont décrites en détail dans le document 1, qui auront pour effet d'établir un règlement harmonisé pour la délivrance de permis pour animaleries.

BACKGROUND

Section 151 of the Municipal Act, 2001 grants municipalities the authority to license and regulate various types of businesses, including pet shops. Licensing by-laws are enacted in consideration of the municipal role and mandate with respect to public health and safety, nuisance control and consumer protection.

The former municipalities of Cumberland, Gloucester, Goulbourn, Nepean, Ottawa and Vanier all had in place pet shop licensing regulations which continue to exist in the current City. Fees are all in the $100 range and have remained unchanged since amalgamation. The existing licensing regulations include varying degrees of standards that apply to the operation of a pet shop including hygiene, species appropriate living conditions, appropriate cage sizes, and veterinary care.

DISCUSSION

The proposed by-law, attached as Document 1, represents a harmonization of the existing regulations, with the inclusion of best practices from other jurisdictions and the industry. The proposed fee remains unchanged at $100 and is somewhat lower than other Ontario municipalities’ licensing fees to promote compliance. The conditions of licensing and general regulations continue to serve the public from the consumer protection and public health and safety standpoint while still considering the best interest of the animals housed and sold by pet shops.

As is standard for all business licenses, a pet shop must comply with the zoning, building and property standards requirements of the City, and have appropriate insurance. Provisions applicable specifically to pet shops concentrate on appropriate care of animals; that is, as a requirement of the license, the pet shop must be maintained in a clean and sanitary condition, be well-ventilated and lighted, and be of a suitable temperature. Any cages that are provided must be of adequate size, with access to food and water, as appropriate, and veterinary care for sick animals must be provided, as appropriate. These requirements are relevant not only for animal welfare but also serve to protect public health and safety, and the consumer.

The proposed by-law, as part of the conditions of license issuance and renewal, provides that the Chief License Inspector may impose additional conditions on a license as may be deemed necessary to ensure the health, safety and well-being of the public. This provision allows the City to address issues of concern with respect to specific licensees, while not penalizing those who do not represent any issues of concern.

RURAL IMPLICATIONS

There are no specific rural implications associated with the recommendations.

CONSULTATION

Existing pet shop licensees, of which there are currently seventeen (17), and other organizations such as the Ottawa Humane Society and Pet Industry Joint Advisory Council, were invited to attend a meeting to review and discuss the proposed regulations. The general public was invited to attend the meeting through a notice in the local dailies. Approximately twelve (12) individuals and organization representatives attended the meeting, and nine (9) written submissions were received commenting on the proposals. Comments were incorporated into the draft regulation based on legal authority and reasonableness. Current licensees and those who commented on the proposed regulation were notified of the Community and Protective Services Committee meeting at which the item would be discussed. Notification was also posted on the City’s website in accordance with the Notice By-law, as amended.

Although the majority of suggestions were incorporated into the regulation in some form, the items outlined below were not included. Staff’s position and rationale for excluding these requirements from the proposed regulation is provided.

Exclusive sale of cats/dogs

· It has been suggested that only cats and dogs from humane societies or SPCAs should be sold at pet stores. A few individual members of the public have raised this issue, the primary rationale being to preventing cats and dogs from kitten and puppy “mills” from being sold to the public via pet shops.

Staff response

· No other Ontario municipalities surveyed require this exclusivity in their regulations. Other provisions in the proposed regulation address issues and concerns associated with kitten and puppy “mills”. A number of the major pet shops sell humane society/SPCA cats and dogs on a voluntary basis currently.

Cat/dog Breeders

· It has been suggested that cat and dog breeders who sell cats and dogs, should be included in the proposed regulation (i.e. be considered “pet shops”), the rationale seeming to be that there should be controls placed on these individuals/organizations.

Staff Response

· Commercial cat and dog breeders are captured under other municipal regulations which will be updated at a later date. The Ontario Society for the Prevention of Cruelty to Animals Act, administered and enforced by the OSPCA, provides a mechanism for addressing issues with respect to cat and dog breeders. The Ottawa Humane Society is the local representative of the OSPCA.

Sterilization of Cats/Dogs/Rabbits

· It has been suggested that pet shops should be required to ensure that cats, dogs and rabbits sold by them be sterilized prior to sale, with a view to helping to address the overpopulation of such animals in need of homes.

Staff Response

· Not all cats, dogs and rabbits sold by pet shops would be of an appropriate age for sterilization at the time of sale. This is an onerous requirement and presents significant administration and enforcement issues, and potentially, costs.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management impediments to implementing the recommendation of this report.

CITY STRATEGIC PLAN

This report has no direct impact on the City Strategic Directions.

TECHNICAL IMPLICATIONS

There are no technological implications associated with the recommendation.

FINANCIAL IMPLICATIONS

There are no financial implications associated with the recommendation as the costs, if any, are included in the current budget for By-law and Regulatory Services. No incremental costs are anticipated.

SUPPORTING DOCUMENTATION

Document 1 – Draft Amending By-law and Schedule 29 Relating to Pet Shops

DISPOSITION

If the recommendation is approved, By-law & Regulatory Services, in consultation with Legal Services, to process the by-law to Council for enactment

Document 1

BY-LAW NO. 2011-

A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting the licensing, regulating and governing of pet shops and to repeal the provisions respecting pet shops in certain by-laws of the old municipalities.

The Council of the City of Ottawa enacts as follows:

1. Section 1 of By-law No. 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding thereto the following definition:

"pet shop” means a shop or place where animals for use as pets are sold or kept for sale;

2. Section 9 of the said By-law No. 2002-189 is amended by adding thereto the following clause:

(31) every person who owns or operates a pet shop;

3. Schedule “A” of the said By-law No. 2002-189 is amended by adding thereto the following items:

Column 1 Column 2 Column 3

Description of License License Fee $ Expiry Date

PET SHOP 100.00 December 31

4. The said By-law No. 2002-189 is amended by adding thereto, the Schedule No. 29 Relating to Pet Shops, attached hereto, immediately following Schedule 28.

5. Section 47 of said By-law No. 2002-189 is amended by adding the following subsections thereto:

(ay) by repealing the definition “Pet Shop” where it occurs in Section 1,

(bz) by repealing item “Pet Shops A-15” where it occurs in Schedule “A”,

(ba) by repealing Schedule “A-15”, and

(bb) by repealing the item “Pet Shop $90.00” where it occurs in Schedule “C”.

6. Said By-law 2002-189 is amended by adding the following Section 48C thereto:

48C. By-law 56-86 of the Corporation of the old Township of Goulbourn entitled “Being a by-law relating to the licensing, regulating and governing the keepers of shops or places where animals or birds for use as pets are sold or kept for sale pursuant to the provisions of the Ontario Municipal Act R.S.O. 1980, Chapter 302, Section 224, paragraph 1 and amendments thereto” is repealed.

7. Section 50 of said By-law 2002-189 is amended by adding the following subsections thereto:

(ax) by repealing item “21 Pet Shops” where it occurs in the Index to Licenses,

(ay) by repealing item “Pet Shops” where it occurs in Schedule “A” entitled “FEES FOR LICENSES”, and

(az) by repealing Schedule 21 entitled “Pet Shops”.

8. Section 51 of said By-law 2002-189 is amended by adding the following subsections thereto:

(bi) by repealing paragraph (66) of Section 1,

(bj) by repealing paragraph (19) of Section 2,

(bk) by repealing the item “Pet Shop” where it occurs in Schedule No. 1,

(bl) by repealing Schedule No. 17B Relating to Pet Shops.

9. Section 52 of said By-law 2002-189 is amended by adding the following subsections thereto:

(ac) by repealing item “14 Pet Shop” where it occurs in the Index to Licenses,

(ad) by repealing item “Pet Shop” where it occurs in Schedule 1 entitled “ANNUAL FEES FOR LICENSES”, and

(ae) by repealing Schedule 14 entitled “Pet Shop”.

10. Section 53A of said By-law 2002-189 is amended by adding the following subsections thereto:

(s) by repealing item 9 where it occurs in Schedule “A” entitled “Master List of Trades, Callings, Businesses and Occupations”,

(t) by repealing Schedule “A”9 entitled “Pet Shops”, and

(u) by repealing item 9 “Pet Shops License” where it occurs in Schedule “B” entitled “Fees Applicable to the Licenses”.

11. Subsection 1 of Section 54 of said By-law 2002-189 is amended by adding thereto the following paragraph:

(av) The license period for pet shop licenses issued pursuant to By-law No. 20-85 of the old Corporation of the City of Cumberland and to By-law No. 135-2000 of the old Corporation of the City of Nepean are extended and the licenses remain in full force and effect until December 31, 2011.

ENACTED AND PASSED this day of

CITY CLERK MAYOR

SCHEDULE NO. 29

Relating to Pet Shops

LICENSES REQUIRED

1. (1) Every owner or operator of a pet shop shall obtain a pet shop license.

(2) A separate license shall be obtained for each premises operating as a pet shop.

EXEMPTIONS

2. This schedule does not apply to:

(a) an accredited veterinary facility under the supervision of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990, Chapter V.3, as amended; and,

(b) the local animal shelter operated by the Ottawa Humane Society.

CONDITIONS FOR ISSUANCE

3. (1) The applicant shall be the owner or operator of the pet shop.

(2) No person other than the owner or operator of a pet shop shall apply for a pet shop license.

(3) No applicant for a pet shop license shall be issued a license unless:

(a) the applicant is at least eighteen (18) years of age;

(b) the premises comply with the zoning, building and property standards requirements of the City;

(d) an authorized Inspector or Agent appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended, or any successor thereto, has reported in writing that the premises, and the animals housed or displayed on the premises, have been inspected and meet the requirements of the Act;

(e) the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 7 of this Schedule;

(f) the applicant has filed proof of insurance as required by Section 8 of this Schedule; and,

(g) the applicant has paid the applicable fee set out in Schedule “A”.

4. The Chief License Inspector may impose such additional conditions with respect to the issuance of a pet shop license, as he or she deems necessary to ensure the health, safety and well being of the public.

CONDITIONS FOR RENEWAL

5. No pet shop license shall be renewed unless:

(a) if deemed necessary by the Chief License Inspector, the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;

(b) if deemed necessary by the Chief License Inspector, an authorized Inspector or Agent appointed under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended, or any successor thereto, has reported in writing that the premises, and the animals housed or displayed on the premises, have been inspected and meet the requirements of the Act;

(c) the applicant has agreed to indemnify and save harmless the City of Ottawa as required by Section 7 of this Schedule;

(d) the applicant has provided proof of insurance as required by Section 8 of this Schedule; and,

(e) the applicant has paid the applicable fee outlined in Schedule “A” of this by-law.

6. The Chief License Inspector may impose such additional conditions with respect to the renewal of a pet shop license, as he or she deems necessary to ensure the health, safety and well being of the public.

INDEMNIFICATION

7. The licensee shall indemnify and save harmless the City of Ottawa from and against any and all claims, causes of action, loss, costs or damages that the City of Ottawa may suffer, incur or be liable for, resulting from the performance or non-performance of the licensee of his or her obligations under the license whether with or without negligence on the part of licensee, the licensee's employees, directors, contractors and agents.

INSURANCE

8. (1) The licensee shall provide and maintain Commercial General Liability Insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof.

(2) Such insurance policy shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.

(3) A Certificate of Insurance evidencing the above insurance coverage(s) shall be provided to the Chief License Inspector prior to the issuance of a pet shop license.

TRANSFERS OF LICENSE

9. The pet shop licenses issued pursuant to this Schedule are not transferable.

POSTING OF LICENSE

10. No licensee shall fail to post the pet shop license in a prominent location on the licensed premises so as to be clearly visible to the public.

RECORDS

11. (1) No licensee shall fail to ensure that a record is made in a clear and legible manner of each shipment of animals purchased or otherwise obtained.

(2) No licensee shall fail to ensure that each entry for the record is made at the time each animal or batch of animals, as appropriate, that comes into the licensee’s possession, including:

(a) the date of purchase;

(b) the name, address and contact information for the individual or business from which it was purchased or otherwise obtained; and,

(i) sex, colouring and identifying marking; and,

(ii) any tattoo or microchip number.

(3) No licensee shall fail to ensure that the records are available for inspection by the Chief License Inspector during business hours.

(4) No licensee shall fail to retain the records for a period of not less than twelve (12) months.

(5) Subsection (2) does not apply to an animal owned by and sold for a humane society or society for the prevention of cruelty to animals or other recognized animal welfare organization.

12. (1) In the case of cats and dogs, no licensee shall fail to provide the purchaser with a written record of sale including:

(a) a description of any tattoo;

(b) a record of all vaccinations;

(d) a current certificate indicating proof and date of inoculation and de-worming.

(2) Paragraph (d) of subsection (1) shall not apply to a cat or dog owned by and sold for a humane society or society for the prevention of cruelty to animals or other recognized animal welfare organization.

GENERAL REGULATIONS

13. No licensee shall fail to:

(a) ensure that knowledgeable and experienced staff are in charge of and responsible for the care and safekeeping of the animals;

(b) ensure that all persons responsible for the care, feeding or cleaning of the animals are adequately instructed and supervised in the handling and care of all such animals; and,

(c) maintain and make readily available to personnel at all times written animal care procedures including methods of handling the animals, sickness, injury or death of an animal and contact information for a veterinarian of record.

14. No licensee shall fail to ensure that:

(a) any animal indicating symptoms or signs of sickness, disease or injury is isolated, examined and appropriately treated within twenty-four (24) hours of the onset of the symptoms or signs of illness or disease by a qualified veterinarian or, where one is not available, by a qualified, trained staff person under the supervision of a qualified veterinarian; and,

(b) the animal referred to in clause (a) is kept in a quarantine area, separate from all other animals until such illness or disease is diagnosed, treated, and cured or, if not treatable, until the animal is euthanized by a qualified veterinarian or under the supervision of a qualified veterinarian.

15. No licensee shall fail to ensure that every animal is kept in a condition appropriate to the particular species which is hygienic and conducive to the maintenance of its well-being and to the prevention of disease and injury in accordance with Ontario Regulation 60/09, Standards of Care made under the Ontario Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O.36, as amended.

16. No licensee shall fail to ensure that all animal waste materials and dead animals are disposed of in a manner that will not create a public nuisance or health hazard and in accordance with all applicable laws.

17. No licensee shall fail to ensure that the pet shop is:

(a) maintained in a clean and sanitary condition;

(b) well-ventilated and lighted; and,

18. No licensee shall fail to ensure that:

(a) the stock of animals is kept in cages that are:

(i) sanitary;

(ii) well-bedded;

(iii) well-ventilated; and,

(iv) well-lighted;

(b) every animal is maintained in a location that is of a temperature suitable for the health requirements of the type of species of animals housed therein;

(c) every cage, tank, container or other enclosure is of adequate size to permit the animal confined therein to stand normally to its full height, to extend its legs and body to their full natural extent, to turn around, and to lie down in a fully extended position;

(d) every cage, tank, container or other enclosure has a floor of either solid or wire mesh construction, where the wire mesh is easily cleaned and is comfortable for the animals, provided that:

(i) the spaces between the wire mesh are smaller than the pads of the feet of the animals confined therein;

(ii) the wire is of sufficient thickness and design to prevent injury to the animals confined therein; and,

(iii) such floor shall be of sufficient strength to support the weight of the animal;

(e) every cage, tank, container or other enclosure is equipped with receptacles made of non-porous, easily cleaned material for food and water, mounted or situated so that they cannot be easily overturned or contaminated;

(f) every cage, tank, container or other enclosure in which an animal is housed on the premises is:

(i) located in such a way as to provide maximum comfort to satisfy the known and established needs for the particular species so housed;

(ii) provided with safeguards to prevent extreme environmental changes and to prevent direct physical contact with such animals by the general public;

(iii) in good working condition; and,

(iv) not dangerous to the animal’s health or well-being; and,

(g) each cage containing birds shall:

(i) be of sufficient size and dimension to, at a minimum, enable all birds to have sufficient perch space to permit full extension of their wings in every direction and perching material of different sizes and textures to prevent foot damage;

(ii) contain at least two (2) perches;

(iii) have a removable and impermeable bottom; and,

(iv) house such birds in accordance with “Recommended stocking densities for birds kept in a pet retail environment” (May 2007), or any successor document thereto, as provided by the Pet Industry Joint Advisory Council of Canada.

19. No licensee shall fail to ensure that every animal is supplied with:

(a) food of a type and in amounts nutritionally adequate and appropriate for the requirements of each type or species of animal; and,

(b) adequate amounts of fresh water in the appropriate quantity and frequency to maintain a potable supply available to such animal.

20. No licensee shall:

(a) confine or display animals of different species which are incompatible in the same cage;

(b) knowingly sell any diseased animal without making satisfactory provision for veterinary treatment of the animal;

(c) sell or give away any dog, cat or rabbit under the age of eight (8) weeks or, in the case of an animal of another species, before it is weaned;

(d) display any animal unless:

(i) such animal is adequately protected from drafts, direct rays of the sun, excessive heat or cold, and the general public; and,

(ii) ample space is provided; and,

(e) keep the stock of animals in crowded quarters or cages.

21. No licensee shall sell or keep any animal prohibited under By-law No. 2003-77 entitled “A by-law of the City of Ottawa respecting animal care and control”, as amended.