Proposed Research and Public Consultation Framework: Banning the Resale of Cats and Dogs in Pet Stores

Transcription

1 Public Report To: From: Report Number: Corporate Services Committee Jacqueline Long, Interim Commissioner, Corporate Services Department and H.R. CORP Date of Report: June 10, 2015 Date of Meeting: June 15, 2015 Subject: Proposed Research and Public Consultation Framework: Banning the Resale of Cats and Dogs in Pet Stores File: D Purpose This report responds to City Council s June 9, 2014 direction for staff to amend the Responsible Pet Owners By-law ( R.P.O. By-law ) to ban the resale of cats and dogs in pet stores, retail outlets, and flea markets and initiate a public process including consultation with local pet stores as part of the by-law amendment process. 2.0 Recommendation That the Corporate Services Committee recommend to City Council: That report CORP Proposed Research and Public Consultation Framework: Banning the Resale of Cats and Dogs in Pet Stores be received for information. 3.0 Executive Summary Not applicable. 4.0 Input From Other Sources Animal Services was consulted in the preparation of this report. 5.0 Analysis 5.1 Background At its May 29, 2014 meeting, the Community Services Committee considered report CS Regulating the Resale of Cats and Dogs in Pet Stores (Attachment 1), responding 49

2 Report to Corporate Services Committee Item: CORP Meeting Date: June 15, 2015 Page 2 to requests to ban the resale of cats and dogs in pet stores. The report presented the City s interim findings including: Regulating the sale of cats and dogs in pet stores and its impact on decreasing cat over-population and increasing the general state of health of pets; An environmental scan of similar regulations in surrounding municipalities in the Greater Toronto Area; and Potential provisions to include in a regulatory framework Council approved the recommendation to amend the R.P.O. By-law to regulate the resale of cats and dogs in pet stores in addition to initiating a public process to consult with the pet industry and other stakeholders as part of the process. Subsequent to this direction, the responsibility for reporting on CS was transferred to the Corporate Services Committee in the second quarter of 2015 as matters related to the R.P.O. By-law are the responsibility of Municipal Law Enforcement and Licensing Services (M.L.E.L.S.). This report presents M.L.E.L.S. proposed approach to conducting research and implementing a public consultation process to respond to Council s direction. 5.2 Proposed Research and Consultation Framework Staff have prepared a proposed research and consultation framework comprised of three phases in the form of Table 1. In the first phase, staff will conduct further research regarding this issue including assessing additional regulatory tools such as licensing pet shops to improve compliance. Staff will concurrently initiate a consultation process with the pet industry and the general public. Finally, staff will report the findings from the research and consultation phase and present potential policy options for the Corporate Services Committee s consideration. Table 1 Proposed Research and Consultation Framework Phase Timeline (2015) Status 1) Research Q2 to Q4 In progress 2) Consultation Process: Industry Consultation: o Pet Industry Joint Advisory Council (P.I.J.A.C.) o Pet stores in the City of Oshawa Q4 Pending o Animal rescue groups within Durham Region Public Consultation 3) Staff Report: Findings and Potential Policy Options Q4 Pending 6.0 Financial Implications There are no financial implications related to the recommendations in this report. 50

3 Report to Corporate Services Committee Item: CORP Meeting Date: June 15, 2015 Page Relationship to the Oshawa Strategic Plan The recommendation in this report is consistent with the Strategic Goal 4.2, Social Equity and, specifically, the themes: An Inclusive Community, continue to engage citizens of all ages; and A Safe Community, develop and enforce by-laws that will help address community safety concerns and respond to provincial legislation Jerry Conlin, Director, Municipal Law Enforcement and Licensing Services Jacqueline Long, Interim Commissioner, Corporate Services Department and H.R. Attachment 51

4 Item: CORP Attachment 1 Public Report To: From: Report Number: Community Services Committee Jag Sharma, Commissioner, Community Services CS Date of Report: May 22, 2014 Date of Meeting: May 29, 2014 Subject: Regulating the Resale of Cats and Dogs in Pet Stores File: F Purpose The purpose of this report is to respond to direction of the Community Services Committee that Correspondence CS dated January 27, 2014 from Kelli Polsinelli requesting the City of Oshawa consider banning the resale of cats and dogs in pet stores, and her subsequent delegation concerning the matter, be referred to staff for a report back no later than May 29, Recommendation That the Community Services Committee recommends to City Council: 1. That based on Report CS , Regulating the Resale of Cats and Dogs in Pet Stores, staff be directed to amend the Responsible Pet Owners By-law to include banning the resale of cats and dogs in pet stores; and, 2. That a public process including consultation with local pet stores be included as part of the by-law amendment process. 3.0 Executive Summary On February 6, 2014, the Community Services Committee heard the delegation of Kelly Polsinelli and her request to prohibit the resale of cats and dogs in pet stores. The Community Services Committee referred the request to staff for report back no later than May 29,

5 Report to Community Services Committee Item: CS Meeting Date: May 29, 2014 Page 2 A number of Canadian municipalities have enacted by-laws to prohibit the sale of dogs and cats in pet stores. These municipalities have conducted extensive research that concludes that the sale of dogs and cats in pet stores contributes to the pet over-population in their communities. The City of Oshawa is not unlike these municipalities and is experiencing an over-population, especially concerning cats. Staff has identified a number of benefits related to regulating the resale of cats and dogs in pet stores, including reducing impulse buying of pets and supporting positive adoption and other related programs aimed at improving the quality of life for cats and dogs in Oshawa. Staff has reviewed related data and research and concur that a by-law to regulate the resale of dogs and cats in pet stores would have a positive impact on managing pet overpopulation and potential subsequent costs to the City s Animal Services operation. 4.0 Input From Other Sources Municipal Law Enforcement and Licensing Services Legal Services Greater Toronto Area Municipalities 5.0 Analysis On February 6, 2014, the Community Services Committee heard the delegation of Kelly Polsinelli and her request to prohibit the resale of cats and dogs in pet stores. The correspondence included by-laws from the several municipalities that have taken action and enacted by-laws to that effect. The Community Services Committee referred the request to staff for report back no later than May 29, Subsequently, the Community Services Committee at its February 27 meeting received Correspondence CS and CS from the Toronto Humane Society and Vera Felgemacher supporting the regulation of the sale of dogs and cats in pet stores. Committee referred the correspondence to staff for consideration in the report. A number of Canadian municipalities have enacted by-laws to prohibit the sale of dogs and cats in pet stores. These municipalities have conducted extensive research that concludes that the sale of dogs and cats in pet stores contributes to the pet over-population in their communities. The City of Oshawa is not unlike these municipalities and is experiencing an over-population, especially concerning cats. Regulating pet store sales is likely to result in: Eliminating impulse buying of pets which results in an increase of unwanted animals in shelters, rescues and humane societies; Reducing the City s pet population as these animals are usually purchased at an age when spay, neuter and vaccinations are not recommended; and, Increased health assessments by veterinarian health technicians or veterinarians leading to a reduction of sick animals running at large or surrendered to animal shelters. 53

6 Report to Community Services Committee Item: CS Meeting Date: May 29, 2014 Page 3 The intent of the by-law would be to: Restrict pet stores from selling cats and dogs if they are obtained from home breeding operations; Ensure animals in pet stores would only be obtained from a municipal animal shelter/pound, Humane Society, Ontario SPCA or one of its affiliates; Include provision for investigations of pet stores and retail establishments involved in the resale of cats and dogs to involve joint participation of Animal Services, Municipal Law Enforcement and the Humane Society as required to assist with the rights of entry and the removal of any animal in distress; and, Permit pet stores to sell their existing inventory up to an appropriate date after passing the by-law. Currently Oshawa Animal Services transfers animals to two local pet stores with positive results. Staff has reviewed the current by-laws and research of other municipalities and concur that a by-law to regulate the resale of dogs and cats in pet stores would have a positive impact on managing pet over-population and potential subsequent costs to the City s Animal Services operation. 5.1 Municipal Input A number of municipalities in Ontario have enacted by-laws to prohibit the sale of dogs and cats in pet stores. The following is a summary including comments provided to staff on the each municipality s experience to date. City of Pickering Original by-law enacted in 2004 and amendment passed in 2008 Proactive inspections of local pet stores are completed The City is successful in convicting pet stores under the by-law There has been no negative response by pet stores Approximately 75% of cats from participating shelters are transferred to pet stores City of Toronto By-law with restrictions enacted in 2011 Restrictions to retailers, including any person or business that sells more than 10 dogs per year Pet stores to obtain animals from specified sources Proactive inspections and enforcement is administered by Business Licensing Enforcement There has been no negative response by pet stores City of Vaughan By-law amendment passed in 2014 Staff has not had sufficient time to assess results Have not experienced any negative response from pet stores 54

7 Report to Community Services Committee Item: CS Meeting Date: May 29, 2014 Page 4 Cursory objections were received from the Pet Industry Joint Advisory Council of Canada City of Mississauga By-law amendment passed in 2012 Restrictions to pet stores that sell more than 10 cats or dogs in a year Restrictions to pet stores to obtain animals from specified sources Inspected quarterly by Business Licensing and Animal Services Animal Services can issue a Part One Provincial Offences Notice for by-law infractions relating to standards of care The City of Toronto and City of Pickering by-laws utilize a demerit system as well as set fines for by-law infractions. The demerit system allows for a process to revoke a store s licence. 6.0 Financial Implications There are no financial implications related to this report. 7.0 Relationship to the Oshawa Strategic Plan The recommendations associated with this report respond to the following Oshawa Strategic Plan goal: Accountable Leadership: Ensure respect, responsiveness and transparency William Slute, Manager, Parks Operations, Parks & Environmental Services Jag Sharma, Commissioner, Community Services 55