Contact the Community Safety and Enforcement Division at or access relevant background material at

Transcription

1 When? Where? Why? Tuesday, March 27, 2018, 1:30 pm Council Chambers, City Hall, 7 Victoria Street West Kamloops City Council will consider a resolution to issue a variance to Dog Responsibility and Control Bylaw No , in accordance with Council Policy GGA-30, Dog Variance Application to Keep More Than Two Dogs. Property Location: 54 Woodstock Place Purpose: To permit the applicant(s) to keep three dogs at their residence. Questions? Contact the Community Safety and Enforcement Division at or access relevant background material at Copies of background materials are also available at City Hall for review during business hours, Monday-Friday (excluding statutory holidays). Have Your Say: Mail Fax Speak legislate@kamloops.ca 7 Victoria Street West Kamloops BC V2C 1A In person at the meeting Written submissions must include your name and address and be received no later than 4:00 pm on March 26, Written submissions, including your name and address, are included in the Council Agenda and will be posted on the City s website as part of the permanent public record. Please note that the City considers the author s address relevant to Council s consideration of this matter and will disclose this personal information. City Hall is located on the following transit routes: No. 1 - Tranquille, No. 2 - Parkcrest, and No. 3 - Westsyde. S:\DCS\Jobs (c3)\291604_dog Variance - 54 Woodstock Pl_MRG\291606_Dog Variance - 54 Woodstock Pl_NOT.docx

2 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE COMMUNITY AND PROTECTIVE SERVICES DEPARTMENT ON VARIANCE APPLICATION NO DOG RESPONSIBILITY AND CONTROL BYLAW NO APPLICANT: JENNIFER ROCKWELL March 23, 2018 PURPOSE To review a variance application to Dog Responsibility and Control Bylaw No requesting approval to keep three dogs at 54 Woodstock Place, as per Council Policy No. GGA-30. SUMMARY The applicant lives in a single-family dwelling with a basement suite at 54 Woodstock Place and has resided at this address for eight months. The applicant currently has three dogs and is requesting a variance to keep the three dogs at her home. RECOMMENDATION: That Council authorize a variance to Dog Responsibility and Control Bylaw No to permit three dogs to be kept at 54 Woodstock Place, subject to conditions as set out in Section 5.1 of Council Policy No. GGA-30. COUNCIL POLICY Dog Responsibility and Control Bylaw No , Section 501 (Attachment A ) Council Policy No. GGA-30 - Variance Application to Keep More Than Two Dogs (Attachment B ) SITE CONDITIONS AND BACKGROUND Neighbourhood - Brocklehurst Current Zoning/Use - RT-1 (Two Family Residential-1) Proposed Variance - GGA-30, Variance to Keep More Than Two Dogs Surrounding Uses - Single-family residential Application Date - February 6, 2018 Parcel Size ac. DISCUSSION Prior to 2010, Bylaw Enforcement would undertake enforcement for the number of dogs only for specific complaints and where nuisances from the animals (barking, etc.) could not be resolved. S:\DCS\Jobs (c3)\293119_dog Variance No _REP\293120_Dog Variance No _REP.docx

3 VARIANCE APPLICATION NO March 23, 2018 Page 2 In 2010, Administration reviewed the regulations restricting number of dogs due to a number of files where residents had sought Council s consideration as a result of compliance efforts. As a result, Council adopted Council Policy No. GGA-30 to establish a consistent process to review and consider requests for a variance to the bylaw requirements. With the implementation of the new Council policy, staff were directed to proactively seek compliance when too many dogs were identified on properties. The applicant currently has three dogs on the property and no other pets. The three dogs she wishes to keep are medium in size. Name Breed Age Status Freyja American Bulldog Four years old Intact Female Zeus Manchester Terrier Three years old Neutered Male Tutt American Bulldog Four months old Intact Male Administration has reviewed related property and complaint history. There is a history of aggression from Zeus. In October 2017, the applicant had left the dogs outside in the fenced backyard; however, the fence needed repairs and Zeus was able to get out. An individual was bit and received a minor injury (bruising). The fence has since been repaired. A record of the incident was made; however, no violations were issued. Note: This variance application request is a result of the applicant s initial request to license all three of her dogs, not based on a complaint. The applicant resides on a standard-sized parcel of property in Brocklehurst (Attachment C ). The property has single-family dwellings surrounding it. As per Council Policy No. GGA 30, notices of the variance application and Council meeting have been circulated to properties within 100 m of the subject property to invite public comment if concerns exist with the application and to assist in Council s review. CONCLUSION Administration recommends approval of the variance given little, if any, impact within the neighbourhood is anticipated. APPENDICES Attachment A - Dog Responsibility and Control Bylaw No , Section 501 Attachment B - City of Kamloops Council Policy No. GGA-30 Attachment C - Aerial Photo/Map of 54 Woodstock Place B. J. McCorkell Community and Protective Services Director Author: J. Ramsay, Community Safety and Enforcement Manager Approved for Council JR/ts/kjm Attachments S:\DCS\Jobs (c3)\293119_dog Variance No _REP\293120_Dog Variance No _REP.docx

4 Attachment "A" BYLAW NO PAGE 8 Replacement Dog or Replacement Tags 411. Where a licensed dog dies, the owner may transfer the licence to a replacement dog providing the owner advises the Community Safety and Enforcement Manager In the event a dog tag is lost, a replacement tag will be provided upon payment of the fee described and identified in Schedule "D" when the said current licence form is produced indicating a current year's licence has already been paid. Exemptions 413. Licence registration will be provided at no charge to dogs and puppies registered in the Guide Dog in Training Program, used by the Royal Canadian Mounted Police, or personal assistance dogs, provided that appropriate proof of registration is presented to the Community Safety and Enforcement Manager or other authorized person. Removal of Dog Tag Prohibited 4. No person, without the authority of the owner or possessor of the dog, will remove from a dog a collar, harness, or tag to which is attached the metal tag provided for in this bylaw or remove the tag from a dog. DIVISION FIVE - MAXIMUM NUMBER OF DOGS 501. No one person, or more than one person, shall keep, harbour, or have more than two dogs over the age of six months on any parcel of land or dwelling unit within the City, provided however, that this section shall not apply to a person operating a kennel or hobby kennel, in a licensed veterinary clinic, or who is operating the parcel as a working cattle ranch or farm. Exemption for Registered Guide/Personal Assistance Dogs (34-45) 502. Dogs and puppies registered in the Guide Dog in Training Program or registered as personal assistance dogs shall be exempt from the limit on the maximum number of dogs, provided proof of guide or personal assistance registration is given to the City and such dog or puppy resides with the person for whom the dog provides care and assistance to. DIVISION SIX - ENCLOSURES AND KENNELS Enclosures and Structures 601. No person shall use or locate any structure, pen, or enclosure for the keeping, housing, or harbouring of a dog or dogs within: a) 1.0 m (3.28 ft.) of a property line; or b) within the minimum clearance requirements from all property lines as regulated by the City of Kamloops Zoning Bylaw for the zone in which it is located, whichever is greater.

5 Attachment "B" City of Kamloops COUNCIL POLICY SUBJECT: FUNCTION: VARIANCE APPLICATION TO KEEP MORE THAN TWO DOGS GENERAL GOVERNMENT - LEGISLATIVE NO. GGA-30 DATE: 2010 FEBRUARY 9 Page 1 of 3 The City of Kamloops Variance Application to Keep More Than Two Dogs Policy establishes the process to seek Council approval of a variance to the limitation on the number of dogs contained in the Animal Control By-law. 1.0 Criteria When the By-law Enforcement Section receives a complaint or observes that more than two dogs over the age of six months are kept on any parcel of land (dwelling) within the City of Kamloops (excluding a licensed kennel or veterinary clinic), the By-law Enforcement Section will or may seek compliance by having the dog owner either reduce the number of dogs or obtain a variance in accordance with this Policy. 2.0 Variance Application Process for Applicant 2.1 Prior to accepting an application, By-law Enforcement Section staff will review the dogs' history with the applicant. Council has identified criteria where variances may not be considered, which include: a) Any of the dogs have a history of aggressive behaviour recorded with the By-law Enforcement Section; b) The applicant lives in a multi-family type dwelling (e.g. apartment, suite, mobile home park, etc.); and c) The variance would result in the applicant having more than three dogs or a combination thereof with other animals (i.e. cats) permitted under the Animal Control By-law, for a total of four animals. This criteria does not prevent an applicant from applying for a variance. 2.2 The applicant must pay a non-refundable $350 application fee for a variance application to be initiated. 3.0 Variance Application Process for By-law Enforcement Section Staff 3.1 Upon completion of the "Variance Application Process for Applicant" as stated above and receipt of the applicable fee, the By-law Enforcement Section staff will: a) Work with the Legislative Services Division and applicant to schedule a Council meeting for the variance application to be heard; T:\CCA\ADM\POL\COUNCIL\GGA-30.docx 2010 February 17

6 City of Kamloops COUNCIL POLICY SUBJECT: FUNCTION: VARIANCE APPLICATION TO KEEP MORE THAN TWO DOGS GENERAL GOVERNMENT - LEGISLATIVE NO. GGA-30 DATE: 2010 FEBRUARY 9 Page 2 of 3 b) Mail out a Notice of Variance Hearing to the owners of properties within 100 m of the applicant's property, inviting them to write to Council and/or appear before Council to voice their support or opposition to the variance application; c) Notice of Variance Hearing must be mailed a minimum of days before the scheduled variance hearing; and d) Prepare a report for the Regular Council Meeting agenda (with copy to the applicant) that will include all history (any complaints, licensing records, and relevant information) as well as a recommended time frame for compliance should Council deny the application. 4.0 Protocol at Variance Hearing 4.1 The application, relevant correspondence, and all background information will be included in the applicable Council agenda. At the Council meeting the Mayor will ask: 5.0 Council's Decision a) The applicant to present his/her variance request to Council; b) Staff to summarize its report to Council; and c) If any property owners/residents within 100 m of the applicant's property wish to address Council. Council members may ask questions and seek clarification from staff, the applicant, and neighbours. The Mayor will close the public input portion of the Variance Hearing and Council will debate and vote on the applicant's request to keep more than two dogs on his/her property. If Council denies the application, the applicant must comply with the Animal Control By-law within the time set by Council and have no more than two dogs. If Council approves the application, the conditions below must be adhered to: T:\CCA\ADM\POL\COUNCIL\GGA-30.docx 2010 February 17

7 City of Kamloops COUNCIL POLICY SUBJECT: FUNCTION: VARIANCE APPLICATION TO KEEP MORE THAN TWO DOGS GENERAL GOVERNMENT - LEGISLATIVE NO. GGA-30 DATE: 2010 FEBRUARY 9 Page 3 of Conditions if Council Approves the Variance Application: a) The City of Kamloops maintains the right to revoke the variance with cause; b) The variance applies to the specific dogs considered through the variance application; c) No dog in excess of the two dog limit may be replaced; d) There will be a maximum limit of three dogs or a combination thereof with other animals (e.g. cats) for a total of four animals permitted under the Animal Control By-law; e) Dog licences must be purchased by February 1 of each year for all dogs; f) All dog licence fees owing for prior years must be paid; g) All dogs must be maintained in good health and condition; h) Dogs with subsequent demonstrated aggression after variance approval may result in the revocation of the variance by Council; and i) Three or more complaints from two or more separate parties within a 12-month period may result in the revocation of the variance by Council. 6.0 Appeal Process - Council's Decision 6.1 Council's decision may be reconsidered in accordance with the Council Procedure By-law by contacting the Legislative Services Division. T:\CCA\ADM\POL\COUNCIL\GGA-30.docx 2010 February 17

8 Dog Variance: 54 Woodstock Pl Attachment "C" (Properties within 100m) 7 5 Lepine St l loo P Wa ter Popp St Woodstock Pl Cambridge Cres S:\GIS\Jobs (a2)\2016\bylaws-dog_variance 13 Aurora Way :1, l City of Kamloops Corporate Services and Community Safety 7 Victoria St West - City Hall Kamloops BC V2C 1A m Buffer Dog Variance Applicant Identified Parcels