REVISED BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF PIT BULL DOGS IN THE CITY OF LONDON RECOMMENDATION IJ

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1 J 1 TO: FROM: CHAIR AND MEMBERS ENVIRONMENT AND TRANSPORTATION COMMITTEE MEETING ON OCTOBER 31,2005 JAMES P. BARBER CITY SOLICITOR & PETER W. STEBLIN, P. ENG. GENERAL MANAGER OF ENVIRONMENTAL & ENGINEERING SERVICES & CITY ENGINEER SUBJECT REVISED BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF PIT BULL DOGS IN THE CITY OF LONDON 1 RECOMMENDATION IJ That on the recommendation of the City Solicitor and the General Manager of Environmental & Engineering Services & City Engineer, the following actions be taken: 1, that the attached revised Pit Bull Dog Licensing By-law (Schedule A) BE INTRODUCED at the Municipal Council Meeting of November 7, 2005, and that the attached proposed amendments to the Dog Licensing and Control By-law PH-4 (Schedule B) BE INTRODUCED at the Municipal Council Meeting of November 7, 2005; 2. that the attached proposed Pit Bull Dog Licensing By-law BE REVIEWED in late 2006 to consider the effectiveness of its provisions and to consider any necessary amendments: and 3. that Civic Administration BE DIRECTED to prepare amendments to the Animal Control By-laws that address all dangerous dogs including increased fines for those not in compliance and report back to the Environment & Transportation Committee in February I1 PREVIOUS REPORTS PERTINENT TO THIS MATTER 4 Relevant reports that can be found at htto:// htm include: Questions and Answers on the Dog owner s Liability Act and the Proposed By-law to Provide for the Licensing and Regulation of Pit Bull Dogs in the City of London (September 12, 2005, meeting of ETC, Agenda Item #I 1 b) A By-law to Provide for the Licensing and Regulation of Pit Bull Dogs in the City of London (August 22, 2005, meeting of ETC, Agenda Item #20) Update Report #2 - Amendments to the Dog Owners Liability Act (DOLA) and the Ban on Pit Bull Dogs (July 18, 2005, meeting of ETC, Agenda Item #5) Update Report #I - Draft By-laws Dealing with the Classification of Dangerous Dogs (November 29, 2004, meeting of ETC, Agenda Item #20) 2fjTH Report of the Environment & Transportation Committee from the November 16, 2004, Public Participation Meeting (November 29, 2004 meeting of ETC) Draft By-laws Dealing with the Classification of Dangerous Dogs (November 8, 2004, meeting of ETC, Agenda Item #15a) Classification of Dangerous Dog Breeds (August 30, 2004, meeting of ETC, Agenda Item m2a) PURPOSE: The purpose of this report is to: BACKGROUND present the Environment & Transportation Committee (ETC) with a revised draft by-law entitled A By-law to provide for the licensing and regulation of Pit Bull Dogs in the City of London which is consistent with the Province of Ontario s Dog Owners Liability Act (DOLA) and the Pit Bull Controls

2 2 regulation under DOLA as well as housekeeping amendments to Dog Licensing and Control By-law PH-4, and Address a number of the items raised at the Public Participation Meeting held on September 12, EXECUTIVE SUMMARY: Summarized below are the changes (where required) or the identification that there has been no change to the Pit Bull Dog Licensing By-law. The items reflect feedback received from the public, comments received from elected officials, additional details that have been obtained from the Dangerous Dogs Legislation Training Sessions currently being held across Ontario and a London DOLA Working Group comprised of staff from the City of London, London Polices Services, London Animal Care Centre, London Humane Society, the Middlesex London Health Unit and the local office of the Ministry of the Attorney General. Item from Auaust Draft Bv-law ~ ~~ owners of Grandfathered Pit Bull Dogs must purchase and post a warning sign at the entrance of their dwelling owners of Grandfathered Pit Bull Dogs must provide evidence that they have $1,000,000 in Third Party Liability Insurance With respect to the definition of Pit Bull as follows: Pit Bull Dog means a Dog that, (a) is a Pit Bull Terrier breed, or Pit bull licence and related fees: Pit Bull Dog Licence Application Fee $ Pit Bull Dog Licence (2006) $ Renewal of Pit Bull Dog Licence $ Exemption Application $ Warning Sign $ Transfer of Pit Bull Dog Licence $ Hearing Fee $ Enforcement: Ticketable Offences: Fine Amount IO. Fail to purchase warning sign $ Fail to post warning sign $300 Part 6 Where Pit Bull Dog to be Destroyed I Removed from City - Clauses 6.1 to Animal hospital - clinic - kennel - registered This By-law shall not apply to an animal hospital, clinic or boarding kennel lawfully operated and supervised by a veterinarian who is a reoistered member of the Ontario Veterinary Association. ProDosed Revisions or No Chanae Clause has been removed from By-law Clause has been removed from By-law The By-law defines Pit Bull as follows: [a) is a pit bull terrier, or (Note: a pure bred English Bull Terrier is not included in this definition) Revised fees: $10.00 $ $ (early).; $75.00 (late) no change requirement deleted no change no change Registration Fee (Veterinary Care Visits) $10.00 Requirement deleted Requirement deleted Requirement deleted End of clause revised to: holds a licence to engage in the practice of veterinary medicine issued under the Veterinarians Act, R.S.O. 1990, c. V.3. Table continued on next page

3 3 Item from August 22,2005 Draft By-law 3.1 Pit Bull Dogs - Prohibited - Unless Grandfathered as related to the licensing scheme for Grandfathered Pit Bull Dogs ; only Pit Bull Dogs with a 2006 City of London Pit Bull Dog Licence are allowed in the City. No other pit bull dogs would be allowed in the City, even as visitors, with the exemption of pure-bred dog show dogs; 4.2 Application - licence - vaccination - description -fee [regarding sterilization] (d) evidence satisfactory to the Licence Agent that the Pit Bull Dog has been sterilized, or if less than 36 weeks of age that it will be sterilized on or before the day on which it reaches that age, unless exempted under section 8.1; Proposed Revisions or No Change 3.1 Pit Bull Dogs - Prohibited - Unless Grandfathered 3rovision has been added to allow for Veterinary Care visits for out-of-town jogs without a licence, as long as the Jog is registered with the City idded at the end of (d): 3r unless a veterinarian s written opinion s provided that the Pit Bull Dog is 3hysically unfit to be anaesthetized 3ecause of old age or infirmity in accordance with section 2(3) of Ontario Regulation 157/05; Review of Proposed Pit Bull Dog Licensing By-law Amendments to the Dog Control & Licensing By-law PH-4 Pit Bull Dogs are not allowed to Run at Large in a City Dogs Off-leash Area Grandfathered Pit Bull Dogs must be microchipped owners of Pit Bull Dogs that participate in approved dog shows must app/y to the Licence Agent for an exemption Timing -the requirements under the DOLA Regulation come into effect October 28, 2005 The requirements under the City By-law come into effect January 1,2006. No change to any of these items DOLA - No change The requirements under the City By-law come into effect February 1, Update on Municipal Activities lnvolvina Pit Bulls The communities that had previously banned pit bulls (Kitchener, Waterloo, Windsor) are still considered the most knowledgeable in the field as there does not appear to be any new emerging leaders (municipalities), at this time, with respect to DOLA and the Pit Bull Control Regulation. Currently the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) is conducting 18 workshops across the province with respect to DOLA and specifically pit bulls. Some of the items that were generally agreed to by all in attendance at the first session held in southwestern Ontario (Cambridge, October 13, 2005) included: a licensing by-law that specifically focuses on pit bulls is an important local tool in the enforcement of the DOLA provisions the identification of a pit bull remains challenging DOLA will have financial implications for a municipality. The City of Hamilton (population about 450,000), for example, will be requesting about $250,000 in additional funding in 2006 for DOLA. The City of London has identified a new cost of $100,000 in 2006 (2006 Draft Budget, Regulated Programs, Operating Budget, pages B1 to 812). DOLA is much broader than pit bulls and covers all dangerous dogs. enforcement activities and fine increases will be commonplace in municipalities. City staff are working on amendments to the City s Animal Control By-laws with respect to dangerous dogs and will have these revisions available for Februaly Public Education Proqram There is no specific public education program planned for the Pit Bull Licensing By-law or DOLA. There is a public notification process. Details on a public education program for all dog owners and potential dog owners will be developed in 2006.

4 A Id enda Item # 4 CONTEXT: At its meeting of September 19, 2005, Council resolved that Civic Administration BE REQUESTED to report back at the next ETC meeting to be held October 17, 2005, with a response to questions raised at the public participation meeting on the licensing and regulation of pit bull dogs in the City of London: it being noted the following items are to be addressed in the aforementioned report: (i) Dangerous Dog warning signs and the costs associated with them: (ii) liability insurance; (iii) definition of Pit Bull ; (iv) how other Ontario Municipalities are managing similar by-laws: and (v) a public education program; In addition a number of other important concerns were raised by speakers at the Public Participation Meeting held on September 12, The draft by-law presented in this report, A By-law to provide for the licensing and regulation of Pit Bull Dogs in the City of London, contains a number of revisions based on the feedback received from the public, comments received from elected officials and additional details that have been obtained from the Dangerous Dogs Legislation Training Sessions currently being held across Ontario. The draft Bylaw remains consistent with the provisions of the Dog Owners Liability Act and the Pit Bull Controls regulation. The next section contains details in the following areas: 1. Authority for and Benefits of a By-law 2. Overview of the Revisions to the Pit Bull Dog Licensing By-law 3. Update on Municipal Activities Involving Pit Bulls 4. Public Education Program DISCUSSION: 1. Authoritv for and Benefits of a Bv-law Authoritv for a Bv-law DOLA amlies to all owners of Dit bulls throuahout Ontario. DOLA itself does not provide authoritv to pass municipal by-laws dealing with pit bull<this authority comes from the Municipal Act, DOLA does not require that a municipality pass a by-law dealing with pit bulls. Each municipality may decide whether it wishes to pass a by-law dealing with pit bull controls. DOLA and a pit bull by-law would essentially be two separate, albeit parallel, regimes. The by-law would mirror some of the requirements in DOLA (such as the requirements for sterilizing and muzzling). However, the by-law would have additional requirements: licensing of pit bull dogs Pit Bull Dogs are not allowed to run at large in dogs off-leash areas 0 Pit Bull Dogs must be microchipped owners of Pit Bull Dogs that participate in approved dog shows must apply to the Licence Agent for an exemption Benefits of a Bv-Jaw The main benefits of passing a by-law regulating Pit Bull Dogs are: a means of freezing the number of Pit Bull Dogs in the City to those that are here January 31, 2006 (thereby attempting to eliminate an influx of Pit Bulls from other jurisdictions in and beyond Ontario) through licensing, providing a means to identify those dogs as Grandfathered (identifiable to Police, Animal Control Officers, and the general public as an allowed dog) requiring microchipping of the dog for easier identification, and allowing for the ticketing of offences.

5 A Id enda Item # 5 2. Overview of Revisions to the Pit Bull Doa Licensina Bv-law A. Warnins Sians The requirement to have owners purchase and post a warning sign at the entrance of their dwelling if they have a Grandfathered Pit Bull Dog living on the premises has been removed. While it might be beneficial to visitors or people that must visit a property to carry out business activities (e.g., postal worker, etc.), Administration is agreeable to remove the provision. B. Third Partv Liabilitv Insurance While it might be beneficial to individuals injured by pit bull dogs to keep the requirement for third party liability insurance in the by-law, Administration is agreeable to remove the provision. The draft By-law required Third Party Liability Insurance in the amount of $1,000,000 in order to obtain a Pit Bull Dog Licence, as follows: the Owner has a valid policy of third party liability insurance issued by an insurer licensed by the Province of Ontario in an amount of not less than $1,000, Such policy shall contain a provision requiring that it will not be cancelled, permitted to lapse or changed to exdude injuries caused by the Dog unless the insurer notifies the Licence Agent in writing at least thirty (30) days prior to the date of the change, cancellation or expiry. The City s Manager of Risk Management has confirmed that home owner and tenant s insurance policies include liability for acts of any of their pets, and that it is standard coverage. She has also confirmed that it would be unusual for an insurer to have an exclusion for pets, unless there is a specific pet that has already caused a claim and the insurance company may take steps to exclude it in the future. It is therefore still our opinion that it is not impossible or onerous to obtain this insurance. As stated in our report to ETC dated September 12, 2005, Home Owner Insurance is generally around $500 to $1,000 per year, and tenant s insurance is around $150 to $300 per year. Generally speaking, $1,000,000 in third party liability insurance is a standard provision in both, and would not cost anything extra. However, as stated in our report to ETC dated September 12, 2005, as a result of DOLA, several insurance companies are considering changing their policies with respect to excluding liability coverage should a dog cause damage in violation of DOLA. Also, some insurance providers may require additional premiums for pit bull owners, and some may chose not to cover pit bull owners at all. The City of Windsor and the City of Brantford require this type of insurance in their pit bull by-laws, whereas the City of Kitchener does not. C. Pit Bull Definition The definition of Pit Bull in the by-law cannot be less restrictive than the definition contained in the province s definition in DOLA. For instance, the City cannot exempt any of the breeds of dogs listed in the province s definition. The province defines Pit Bull as follows: pit bull includes, (a) a pit bull terrier, (b) a Staffordshire bull terrier, (c) an American Staffordshire terrier, (d) an American pit bull terrier, (e) a dog that has an appearance and physical characteristics that are substantially similar to those of dogs referred to in any of clauses (a) to (d); (2) In determining whether a dog is a pit bull within the meaning of this Act, a court may have regard to the breed standards established for Staffordshire Bull Terriers, American Staffordshire Terriers or American Pit Bull Terriers by the Canadian Kennel Club, the United Kennel Club, the American Kennel Club or the American Dog Breeders Association. The by-law, as revised, defines Pit Bull as follows: Pit Bull Dog means a Dog that, (a) is a pit bull terrier, or (b) is of the Staffordshire Bull Terrier breed, or (c) is of the American Staffordshire Terrier breed, or (d) is of the American Pit Bull Terrier breed, or (e) has an appearance and physical characteristics that are substantially similar to those of Dogs referred to in any of clauses (b) to (d), having regard to the breed standards established for Staffordshire Bull Terriers, American Staffordshire Terriers or American Pit Bull Terriers by the Canadian Kennel Club, the United Kennel Club, the American Kennel Club or the American Dog Breeders Association.

6 6 While the wording in the by-law and DOLA is not exactly the same, it was felt that reference to the term breed in each of (b), (c) and (d) would be beneficial since each term does in fact refer to a breed. Pit bull terrier is not a recognized breed, therefore the reference to breed in the definition has been removed, as well the term is not capitalized. The American Pit Bull Terrier is a breed recognized by the United Kennel Club, and they have an Official U.K.C. Breed Standard for this breed. A Notice of Application for a declaration that certain sections of DOLA (including the definition of Pit Bull ) violate the Charter and are unconstitutional was issued in Toronto recently. As of yet, there has been no Ontario court determination of the constitutionality of this definition. Other jurisdictions courts have upheld the validity of variants of the definition of pit bull. D. Revised Fees The Owner of a pit bull dog that could be grandfathered would have to obtain a Pit Bull Dog Licence for 2006 for the following fees: 1. Application fee $ Pit Bull Dog Licence (2006) fee Total fees: $60.00 The Owner of a pit bull dog that obtained a 2006 Pit Bull Dog Licence has to renew the licence annually for the following fee: 1. Renewal of Pit Bull Dog Licence $ (early) $75.00 (late) The Owner of a Pit Bull Dog who requests a hearing regarding the muzzling requirements would have to pay a Hearing Fee: 1. Hearing Fee $50.00 The Owner of a pure-bred dog that participated in approved Dog Shows would have to pay a fee for an exemption from the sterilization requirement, and the muulinglleashing requirement during the dog show, for the following fee: 1. Exemption Application fee $25.00 To transfer a Pit Bull Dog Licence (only by gift or bequest), the following fee applies: 1. Transfer of Pit Bull Dog Licence fee $25.00 The Application fee, Hearing fee, Exemption fee, Transfer fee and Registration fee reflect the administrative and materials cost associated with these fees. The Pit Bull Dog Licence fee and Renewal fee reflect a portion of the added enforcement and awareness cost anticipated under the City s Pit Bull Dog Licensing By-law. Some of the above fees have been revised due in part to public concerns raised and to address the concern that the high fees may deter owners from licensing their dogs. From an Administration point of view, the lower fees may encourage greater registration which would assist with the monitoring and enforcement of DOLA and the City s by-law. E. Enforcement It is not intended that the by-law would replace DOLA provisions. The by-law could be used as one enforcement tool, along with DOLA. The by-law should strengthen the City s ability to regulate by licensing pit bull dogs in the City, and it is intended to increase safety in the community. The provisions of the proposed by-law (and DOLA) would come into play for pit bulls licensed under the proposed bylaw. The provisions of DOLA would come into play in situations where unlicensed pit bull dogs are observed. For instance, searching for and seizing pit bulls is left to DOLA. The same applies for euthanizing a pit bull. (a) Ticketable Offences Another advantage of passing a by-law is that a Set Fine Order could be sought, allowing enforcement officers to issue tickets under the by-law. There is no ability for enforcement officers to issue tickets under DOLA at this point in time. Therefore, without the proposed by-law, there would be no ability to issue tickets. It is anticipated that higher set fines might be approved by the Senior Regional Judge for offences involving Pit Bulls. The following are proposed ticketable offences and the fines that may be sought (with the ultimate decision of set fine amounts left to the Regional Senior Judge; maximum amount of $500):

7 7 Offences: 1. Own a Pit Bull Dog that is not a Grandfathered Pit Bull Dog 2. Transfer a Grandfathered Pit Bull Dog - not bv.- aiff or beauest 3. Allow a Pit Bull Dog to Run at Large 4. Allow a Pit Bull Dog to Run at Large in a Dogs off-leash area 6. Fail to renew a Pit Bull Dog Licence 7. Fail to securely attach tag to Pit Bull Dog 8. Fail to ensure Pit Bull Dog equipped with muzzle 9. Fail to ensure Pit Bull Dog secured by leash 10. Fail to apply to Licence Agent for change in ownership of Pit Bull Dog 11. Fail to ensure Pit Bull Dog has microchip 12. Fail to ensure Pit Bull Dog sterilized 13. Fail to provide Licence Agent with new address and telephone number 14. Fail to provide Licence Agent with name, address, phone number of person to whom giving up possession of Pit Bull Dog 15. Fail to notify Licence Agent immediately if Pit Bull Dog running at Large 16. Fail to notify Licence Agent immediately if Pit Bull Dog bitten I attacked Fine Amount $500 $500 $500 $500 $200 $200 $500 $500 $500 $300 $500 $200 $200 $500 $500 F. Removal of Section re Destruction of DOQ Administration is proposing to remove the sections in the draft by-law dealing with the Removal and Destruction of a Pit Bull Dog. While these sections make it clear that a Pit Bull Dog that is not Grandfathered is to be removed from the City or destroyed, it was felt that the provisions of DOLA would in actuality be used in those situations where a Pit Bull Dog is lo be destroyed. Removing these sections makes it clear that this by-law deals in the main with licensing and regulating Pit Bull Dogs, not requiring their destruction should the by-law be violated. G. Reference to Licensed Veterinarians At the Dublic oarticbation meetina of September 12, 2005, an erroneous reference in the bv-law to the Ontario Veterinary Association ;as pointed out by a delegate. The attached by-law has been revised to update this reference, as well the by-law to amend PH-4 has been revised to reflect this change. The by-law now refers to a veterinarian who holds a licence to engage in the practice of veterinary medicine issued under the Veterinarians Act, R.S.O. 1990, c. V.3. H. Reference to Veterinary Care Visits for Out-of-Town Doas The owner of a Pit Bull dog that resides outside of the City of London may bring the dog into the City only for the purposes of veterinary care by a licensed veterinarian. The owner will be required to register the Pit Bull Dog with the City s Licensing Agent by providing the person s name, address, telephone number; name, sex, colour and date of birth of the Pit Bull Dog; name, address and phone number of the licensed veterinarian caring for the Pit Bull Dog, and pays the Registration Fee as set out in Schedule A. 1. Sterilization Mandatory sterilization of a Pit Bull Dog will not be required if a veterinarian s written opinion indicates that the dog is physically unfit to be anaesthetized because of old age or infirmity J. other Items - No Chanae a) Review of Proposed Pit Bull Dog Licensing By-law A review of the proposed Pit Bull Dog Licensing By-law is recommended for late This review will be necessary to ensure that the By-law provisions are effective in regulating pit bull dogs in the City of London. As the Committee is aware, the provisions of DOLA are new, as are the requirements under the proposed By-law, and as such the review will assist in determining its effectiveness and any required amendments. b) Amendments to the Dog Control& Licensing By-law PH-4 There are several housekeeping amendments to the Dog Control 8, Licensing By-law that are required if the Pit Bull Dog Licensing By-law is passed, as contained in the attached proposed amending by-law. The following changes are included: the length of a leash shall not exceed 1.8 metres (instead of 2 metres); certain provisions will not apply if the dog is a pit bull i.e. where a dog has bitten or attacked; instead the provisions of DOLA and the Pit Bull Dog Licensing By-law will apply licences for pit bulls will not be obtained under this by-law but under the Pit Bull Dog Licensing Bylaw

8 8 provisions for claiming a dog from the Poundkeeper shall not apply if the dog is a pit bull; instead the provisions of DOLA, Animals for Research Act, and the Pit Bull Dog Licensing By-law will apply. provision requiring the owner of any dog that is captured or taken into custody (including by order of a court) to pay any and all fees and charges payable under the PH-4 By-law and the Public Pound By-law. Some provisions of the amending by-law will not come into force and effect until early 2006, since new set fine orders will have to be sought as a result of these amendments. c) Other Items Dealing Specifically with Pit Bull Dogs in the By-law These three items remain unchanged from the original draft by-law and are viewed as important requirements for managing pit bulls dogs in London: Pit Bull Dogs are not allowed to Run at Large in a City Dogs Off-leash Area Grandfathered Pit Bull Dogs must be microchipped owners of Pit Bull Dogs that participate in approved dog shows must apply to the Licence Agent for an exemption K. Timinq (i) Dog Owners Liability Act (DOLA) August 29, The amendments to DOLA come into effect Only restricted pit bulls will be allowed in the province of Ontario as of that date. A restricted pit bull is one that is owned by a resident of Ontario on August 29, 2005, or is born in Ontario between August 29, 2005, and November 26, October 28, 2005 The requirements under the DOLA Regulation come into effect. Restricted pit bulls are required to be sterilized, muzzled and leashed by this date. (ii) Proposed Pit Bull Dog Licensing By-law The effective date for meeting the requirements of the Pit Bull Dog Licensing By-law is February 1, 2006 compared with January 1,2006. Since the by-law may be approved about two months after the original proposed approval date, an additional month has been added at the end to ensure adequate time for pit bull dog owners to meet the new requirements. 7,2005 [if by-law passed] November to January 31,2006 ONLY February 1, 2006 and beyond Requirements for all pit bull dogs take effect: no pit bull to run at large in off-leash area Required to purchase Pit Bull Dog Licence from City for 2006 year in order to Grandfather pit bull dog. Further licensing requirements include: evidence that Pit Bull is sterilized evidence that Pit Bull is microchipped Grandfathered Pit Bull Dogs continuing requirements: no Grandfathered Pit Bull to run at large no Grandfathered Pit Bull to run at large in Dogs Off-leash Area must muzzle and leash Grandfathered Pit Bull cannot transfer Grandfathered Pit Bull to a London resident except by gift or bequest (Le., cannot sell) must annually renew Pit Bull Dog Licence for Grandfathered Pit Bull 3. Update on Municipal Activities lnvolvina Pit Bulls In the fall of 2004, a survey was conducted of 25 jurisdictions to identify the role of breed specific dog bans and/or dangerous or potentially dangerous dog by-laws. The outcome of this survey was reported in full to ETC on November 8, At that time the summary data showed the following:

9 9 General Location of Municipalities Contacted Southwestern Ontario Across Canada Number Number of Breed Number of Dangerous or Contacted Specific By-laws in place Potentially Dangerous Dog By-law in Place I lo I (current draft by-law) draft by-laws 9 I Elsewhere in Ontario I 9 I 0 I 5 I Four cities in southwestern Ontario: Kitchener, Waterloo, Windsor and most recently Brantford, have implemented by-laws that deal with bans on Pit Bulls. The majority of urban areas in southwestern Ontario have specific by-laws dealing with dangerous dogs. The City of Winnipeg has had its Pit Bull ban in effect since Currently the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) is conducting 18 workshops across the province with respect to DOLA and specifically pit bulls. The first session held in southwestern Ontario (Cambridge, October 13, 2005) and the 5Ih workshop of 18 attracted 45 municipal and animal control staff from many locations including Hamilton, Sarnia, Halton, Waterloo, Kitchener and Cambridge. Some of the items that were generally agreed to by all in attendance included: A licensing by-law that specifically focuses on pit bulls is an important local tool in the enforcement of the DOLA provisions. The identification of a pit bull remains challenging and it is noted that additional clarity may not come until cases have gone through the court system. DOLA will have financial implications for a municipality. The City of Hamilton (population about 450,000), for example, will be requesting about $250,000 in additional funding in 2006 for DOLA. The City of London has identified a new cost of $100,000 in 2006 (2006 Draft Budget, Regulated Programs, Operating Budget, pages B1 to 812). Municipalities are generally too focused on pit bulls and must recognize that DOLA is much broader covering all dangerous dogs. Enforcement of animal control by-laws are receiving far greater attention in municipalities with a general desire to increase fines for those that do not comply. The communities that had previously banned pit bulls are still considered the most knowledgeable in the field as there does not appear to be any new emerging leaders (municipalities), at this time, with respect to DOLA and the Pit Bull Control Regulation. City staff are working on amendments to the City's Animal Control By-laws with respect to dangerous dogs and will have these revisions available for February Public Education Program There is no specific public education program planned for the Pit Bull Licensing By-law or DOLA. There is a public notification process as follows: August 18, 2005 Notification sent to over 650 licensed pit bull owners September 12, 2005 Public Participation Meeting held in the Council Chambers Late October ZM Notification reminder to be sent to licensed pit bull owners November Notification to be sent to licensed pit bull owners identifying the final approved requirements and licensing process under the By-law. Notice also to be placed in Living in the City in the London Free Press Details on a public education program for all dog owners and potential dog owners will be developed in This will be subject of a future ETC report. Included in the 2006 Budget for the Animal Care 8, Control are funds for this initiative including a partnership program to help raise awareness. Ideas are also forthcoming from the Companion Animal Welfare Task Force. I

10 10 Conclusions The proposed By-law is intended to strengthen the City s ability to regulate pit bull dogs in the City by providing for a licensing scheme, which imposes many conditions and requirements on pit bull dog owners, designed to increase safety in the community. The By-law will also provide a means for officers to issue tickets under the By-law. The City s by-law coupled with the provisions of DOLA and its regulation are intended to increase safety in the community. The amendments proposed are an attempt to balance the concerns raised by pit bull owners and the appropriate level of protection required by the public at large. Amendments also reflect refinements made as a result of the AMCTO workshop and further discussion with a London DOLA Working Group comprised of staff from the City of London, London Polices Services, London Animal Care Centre, London Humane Society, the Middlesex London Health Unit and the local office of the Ministry of the Attorney General. Acknowledgements: This report has been reviewed and approved by Pat McNally, Director, Water, Environment & Customer Relations. JAY S~&ORO, M.A., ~.P.A. LYNN m * MASHALL, DIVISION MANAGER, ENVIRONMENTAL SOLICITOR I PROGRAMS 8 CUSTOMER RELATIONS RECOMMENDED - BY: RECOMYENDED BY: PETER W. STEBLIN, P.ENG. GENERAL MANAGER OF ENVIRONMENTAL 8 I ENGINEERING SERVICES a CITY ENGINEER October 18, 2005 NSY:\Shared\SolWasIe\ETC_BoC Repons\REP docv Schedule A Schedule B A By-law to provide for the licensing and regulation of Pit Bull Dogs in the City of London. A By-law to amend By-law PH-4, as amended, entitled A by-law to provide for the regulation, restriction and prohibition of Dogs in the City of London.

11 SCHEDULE A Bill No. By-law No. A By-law to provide for the licensing and regulation of Pit Bull Dogs in the City of London. WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipal power shall be exercised by by-law; AND WHEREAS section 8 of the Municipal Act, 2001 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001 or any other Act; AND WHEREAS Section ll(1) paragraph 9 of the Municipal Act, 2001 permits municipalities to pass by-laws respecting matters within the sphere of jurisdiction of animals ; AND WHEREAS section 9 of the Municipal Act, 2001 provides that sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues: AND WHEREAS Section 104 of the Municipal Act, 2001 defines animal to mean any member of the animal kingdom, other than a human; AND WHEREAS Section 9(3) of the Act provides that a by-law may regulate or prohibit respecting the matter: and, as a part of that power, require persons to do things respecting the matter, provide for a system of licences, permits, approvals or registrations respecting the matter and impose conditions as a requirement of obtaining, continuing to hold or renewing a licence, permit, approval or registration; AND WHEREAS Sections 103 and 105 of the Municipal Act, 2007 provide specifically that a by-law may provide for the impounding of animals and the muzzling of dogs; AND WHEREAS Section 128(1) of the Act provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become the cause of public nuisances, and that Pit Bull Dogs are increasingly becoming a nuisance or could become a nuisance within the City; AND WHEREAS the province has amended the Dog Owners Liability Act and the Animals for Research Act, to restrict, regulate and prohibit Pit Bull Dogs, including a requirement to sterilize, muzzle and leash existing Pit Bull Dogs; AND WHEREAS public meetings were held on November 16, 2004, and September 12, 2005 at which time submissions from delegations were heard by the Environment and Transportation Committee relating to the regulation or prohibition of certain breeds of dogs, the regulation of aggressive dogs and dogs that have bitten, and a Pit Bull Dog Licensing By-law; NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: 1.1 Definitions In this By-law: Part 1 DEFINITIONS Animal Control Officer - defined Animal Control Officer means a person appointed by the Poundkeeper, whose duties include the enforcement of this By-law.

12 A*M(rh*n# R d Amroved Doa Show - defined Approved Dog Siow means a conformation show, an agility trial, an obedience trial, a tracking test, or an earth Dog test that is sanctioned, in writing, by one or more of the following Dog registries: 1. The Canadian Kennel Club; 2. The United Kennel Club; 3. The American Kennel Club; 4. The American Dog Breeders Association. Bite - defined Bite means the breaking, puncturing or bruising of the skin of a person or a domestic animal caused by the tooth or teeth of a Dog. Bitten has a corresponding meaning. City - defined City means The Corporation of the City of London. Dog - defined Dog means a quadruped of the species Canis familiaris and includes both male and female of the species. Enclosed Property - defined Enclosed Property means: (a) secure confinement indoors; or (b) secure confinement in a: (i) locked pen; or (ii) locked fenced yard; or (iii) locked structure; and measuring at least 6 feet in width, at least 12 feet in length, and 6 feet in height, and capped if there is a Dog house inside or if the Dog can climb or jump the 6 feet in height, with secure sides, with a secure bottom securely attached to the sides, which provides protection from the elements for the Dog, is suitable to prevent the entry of children, and is designed to prevent the Dog from escaping. Grandfathered Pit Bull Dog - defined Grandfathered Pit Bull Dog means a Pit Bull Dog for which a valid Pit Bull Dog Licence was issued for 2006, and was either born in Ontario between August 29, 2005 and November 26, 2005, or owned by a resident of Ontario on August 29, Licence Agent - defined Licence Agent means the person, including a corporation, appointed by the City from time to time as its Licence Agent. Microchip - defined Microchip means an object which may be permanently implanted in a Dog by injkction or surgical procedure, which is programmed to store a unique and permanent identification number and is capable of using radio-frequency signals to relay the stored information to a scanning device. Owner - defined Owner includes any person who owns, keeps, possesses, harbours or acts as a guardian of a Dog for any length of time, whether or not that person has a licence for the Dog, and, where the Owner is a minor, the person responsible for the custody of the minor. Own has a corresponding meaning. Pit Bull Dog - defined Pit Bull Dog means a Dog that, (a) is a pit bull terrier, or (b) is of the Staffordshire Bull Terrier breed, or (c) is of the American Staffordshire Terrier breed, or (d) is of the American Pit Bull Terrier breed, or (e) has an appearance and physical characteristics that are substantially similar to those of Dogs referred to in any of clauses (b) to (d), having regard to the breed standards established for Staffordshire Bull Terriers, American Staffordshire Terriers or American Pit Bull Terriers by the Canadian Kennel Club, the United Kennel Club, the American Kennel Club or the American Dog Breeders Association. Pit Bull Dog Licence -defined Pit Bull Dog Licence means a licence issued specifically for a Pit Bull Dog for the year 2006, and which may thereafter be renewed annually. ---

13 Poundkeeper - defined "Poundkeeper" means the person, including a corporation, appointed by the City from time to time as the Poundkeeper. Running at Large -defined "Running at Large" means to be found in any place other than: (i) the Enclosed Property occupied by the Owner of the Pit Bull Dog, or (ii) within the Enclosed Property occupied by a person who consents to the Pit Bull Dog being off leash, and not under the physical control of any person by means of a leash not more than 1.8 metres in length held by the person. "Run at Large" has a corresponding meaning. Sterilize - defined "Sterilize" means to spay or neuter a Dog. "Sterilized" has a corresponding meaning. Part 2 EXEMPTIONS Animal hospital - clinic - kennel - registered 2.1 This By-law shall not apply to an animal hospital, clinic or boarding kennel lawfully operated and supervised by a veterinarian who holds a licence to engage in the practice of veterinary medicine issued under the Veterinarians Act, R.S.O. 1990, c. V The London Humane Society Inc. This By-law shall not apply to The London Humane Society Inc. 2.3 Poundkeeper This By-law shall not apply to the Poundkeeper, 2.4 Public pound This By-law shall not apply to a public pound. 2.5 Research facility - registered This By-law shall not apply to a research facility registered under the Animals for Research Act, or any successor Act. Part 3 PROHIBITED MATTERS AND DUTIES 3.1 Pit Bull Dogs - Prohibited - Unless Grandfathered (a) Commencing February 1,2006, no person shall own a Pit Bull Dog that is not a Grandfathered Pit Bull Dog. (b) Subsection 3.l(a) shall not apply to a person who owns a Pit Bull Dog who do& not reside with the Pit Bull Dog in the City of London if all of the following apply: (i) the Pit Bull Dog was either born in Ontario between August 29, 2005 and November 26,2005, or owned by a resident of Ontario on August 29,2005; and (ii) the person brings the Pit Bull Dog into the City only for the purposes of veterinary care by a licensed veterinarian; and (iii) the person registers the Pit Bull Dog with the City by providing the person's name, address, telephone number; name, sex, colour and date of birth of the Pit Bull Dog; name, address and phone number of the licensed veterinarian caring for the Pit Bull Dog, and pays the Registration Fee as set out in Schedule "A. 3.2 Grandfathered Pit Bull Dogs- Transfer Prohibited No person shall transfer a Grandfathered Pit Bull Dog to a resident of the City except by gifl or bequest. 3.3 Running at Large - prohibited (1) No person shall allow a Pit Bull Dog to Run at Large. (2) No person shall allow a Pit Bull Dog to Run at Large in any Dogs off-leash area as designated by City by-law from time to time. 3.4 Licence - failure to renew - annually - prohibited No Owner of a Grandfathered Pit Bull Dog shall fail to renew a Pit Bull Dog Licence for the current year. 3.5 Tag - not securely affixed to Dog - prohibited No person shall fail to affix the tag issued for a Pit Bull Dog Licence securely on the collar or the harness worn by the Pit Bull Dog for which it was issued.

14 n r u pur \lo1 El 3.6 Control of Pit Bull Dogs (1) Subject to subsections (2) and (3), commencing October 28, 2005, an Owner of a Pit Bull Dog shall ensure that the Pit Bull Dog is at all times equipped with a muzzle and secured by a leash in accordance with subsection (4). (2) Subsection (1) does not apply when a Pit Bull Dog is within Enclosed Property occupied by the Owner of the Pit Bull Dog. (3) When a Pit Bull Dog is within Enclosed Property occupied by a person who consents to the Pit Bull Dog being off leash or off muzzle, subsection (1) does not apply to the extent of that consent. (4) For the purposes of subsection (I), a Pit Bull Dog shall be equipped with a muzzle and secured by a leash in accordance with the following requirements: (a) The Pit Bull Dog shall be fitted with a collar or harness that is properly fitted to and placed on the Pit Bull Dog. (b) The movement of the Pit Bull Dog shall be controlled by a person by means of a leash attached to the collar or harness on the Pit Bull Dog. (c) The leash shall not be more than 1.8 metres in length and shall be attached to the collar or harness. (d) The collar or harness, the leash and the attachment between the leash and the collar or harness shall all be strong enough to prevent the Pit Bull Dog from breaking any of them. (e) The mouth of the Pit Bull Dog shall be covered by a muzzle that is humane and that is strong enough and well-fitted enough to prevent the Pit Bull Dog from biting, without interfering with the breathing, panting or vision of the Pit Bull Dog or with the Pit Bull Dog's ability to drink. (5) Where the Owner of a Pit Bull Dog requests a hearing to determine whether or not to exempt the Owner in whole or in part from the muzzling requirement, the Owner shall first pay the Hearing Fee as set out in Schedule "A, and the Environment and Transportation Committee shall hold such a hearing, pursuant to the procedures contained in the Dog Licensing 8, Control By-law. The decision of the Environment and Transportation Committee shall be final and binding. A request of the Owner for a hearing does not act as a stay of the muzzling requirement. An exemption may be granted subject to the requirements to muzzle the dog as contained in the Dog Owners' Liability Act and Regulations. Part 4 LICENSING Application - licence - to grandfather 4.1 Every Pit Bull Dog Owner shall forthwith make application in person to the Licence Agent for a Pit Bull Dog Licence on or before January 31, Only an Owner of a Pit Bull Dog having a validly issued 2006 Pit Bull Dog Licence for their Pit Bull Dog will be considered to have a Grandfathered Pit Bull Dog. Application - licence -vaccination - description - fee 4.2 Every application for a Pit Bull Dog Licence and renewal of a Pit Bull Dog Licence shall be accompanied by the following: a description of the Pit Bull Dog including colour, age (or date of birth if known), sex, name, and place of birth; a signed and witnessed statement of the Owner that the Pit Bull Dog was owned by a resident of Ontario on August 29, 2005, OR a signed and witnessed statement of the Owner that the Pit Bull Dog was born in Ontario between August 29,2005 and November 26, 2005; current photograph(s) of the Pit Bull Dog, satisfactory to the Licence Agent; evidence satisfactory to the Licence Agent that the Pit Bull Dog has been sterilized, or if less than 36 weeks of age that it will be sterilized on or before the day on which it reaches that age, unless exempted under

15 section 8.1, or unless a veterinarian s written opinion is provided that the Pit Bull Dog is physically unfit to be anaesthetized because of old age or infirmity in accordance with section 2(3) of Ontario Regulation 157/05; (e) (f) (9) evidence satisfactory to the Licence Agent that the Pit Bull Dog has been vaccinated against rabies; evidence satisfactory to the Licence Agent that the Pit Bull Dog has a Microchip implanted by a licensed veterinarian; and the application fee and licence fee as set out in Schedule A. 4.3 Pit Bull Dog Licence - issuance The Licence Agent shall not issue a Pit Bull Dog Licence unless: (a)(i) the Pit Bull Dog was born in Ontario between August 29, 2005 and November 26, 2005; or (ii) the Pit Bull Dog was owned by a resident of Ontario on August 29, 2005: and (b) the application is complete in accordance with this By-law. Expiry - annual - December Every Pit Bull Dog Licence issued by the Licence Agent shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly upon payment of the Renewal of Pit Bull Dog Licence fee set out in Schedule A. 4.5 Notice - to Licence Agent - death - change of ownership Every holder of a Pit Bull Dog Licence issued pursuant to this By-law shall notify the Licence Agent in writing forthwith upon the death or change of ownership of a Dog so licensed. Transfer - of licence -application - conditions 4.6 Every Pit Bull Dog Licence issued by the Licence Agent may be transferred to another Owner if: (i) the new Owner makes application in person to the Licence Agent, for a transfer of the Pit Bull Dog Licence: and (ii) the new Owner provides the information required in section 4.2; and (iii) the new Owner pays the Transfer of Pit Bull Dog Licence Fee as set out in Schedule A. Tag - serial number - issued - upon payment of fee 4.7 Upon issuance of the Pit Bull Dog Licence and payment of the applicable fee, the Owner shall be furnished with a Pit Bull Dog tag bearing the serial number of the Pit Bull Dog Licence, the year for which it was issued and the words City of London. 4.8 Tag -where lost Where a tag has been lost, the Owner shall apply forthwith to the Licence Agent for a new Pit Bull Dog Licence and tag. No lost tags will be replaced. The Licence Agent shall cancel the licence for which there is a lost tag. The application for a new Pit Bull Dog Licence and tag shall be accompanied by proof of the licence for which there is a lost tag, in addition to providing the information required in section 4.2, along with the Application Fee and Pit Bull Dog Licence fee as set out in Schedule A. A new Pit Bull Dog Licence issued under this section shall be considered to have been issued in Part 5 LICENCE CONDITIONS 5.1 Licence - conditions Every holder of a Pit Bull Dog Licence shall ensure that the following conditions are met, and no Pit Bull Dog Licence shall be obtained, renewed or continued if the conditions are not met: (a) the Pit Bull Dog has a Microchip implanted by a licensed veterinarian; (b) the Pit Bull Dog is sterilized, unless exempted under section 8.1, or unless a veterinarian s written opinion is provided that the Pit Bull Dog is physically unfit to be anaesthetized because of old age or infirmity in accordance with section 2(3) of Ontario Regulation 157/05; (c) the Pit Bull Dog was either owned by a resident of Ontario on August 29, 2005, or that the Pit Bull Dog was born in Ontario between August 29, 2005 and November 26,2005;

16 (d) the Pit Bull Dog does not Run at Large; (e) the Pit Bull Dog is muzzled in accordance with this By-law; (f) the tag issued with the Pit Bull Dog Licence is securely affixed to the Pit Bull Dog as required by this By-law; (9) the Pit Bull Dog Licence is renewed prior to the end of each year; (h) the Licence Agent is provided with the new address and telephone number of the Owner within two (2) working days of moving; (i) the Licence Agent is provided with the name, address and telephone number of any person to whom the Owner is giving up possession of the Pit Bull Dog; and (j) the Licence Agent is notified immediately if the Pit Bull Dog is Running at Large or has bitten or attacked any person or domestic animal. Part 6 ENFORCEMENT 6.1 Enforcement This By-law may be enforced by a police officer or municipal law enforcement officer, including an Animal Control Officer. Fees - set out - Schedule A Part 7 FEES 7.1 Licence fees and other fees shall be set and approved by the Council of the City from time to time and are listed in Schedule A of this By-law. Part 8 STERILIZATION, MUZZLE, LEASHING EXEMPTION - APPROVED DOG SHOWS 8.1 Sterilization, Muzzle, Leashing Exemption -Approved Dog Shows - Grandfathered Pit Bull Dogs (1) As long as the conditions set out in subsection (2) are met, an Owner of a Pit Bull Dog applying for a Pit Bull Dog Licence for a Grandfathered Pit Bull Dog may apply to the Licence Agent at the time of application for the Pit Bull Dog Licence for the following exemptions to this By-law: (a) the requirements of section 3.6 and subsection 5.l(e) to muzzle and leash the Pit Bull Dog do not apply while the Dog is on the site of and participating in an Approved Dog Show; and (b) the requirements under subsection 4.2(d) and 5.l(b) to sterilize the Pit Bull Dog do not apply. (2) The following are the conditions referred to in subsection (1): (a) that the Pit Bull Dog will be licensed as a Grandfathered Pit Bull Dog; and (b) that the Pit Bull Dog is registered as a Staffordshire Bull Terrier, an American Staffordshire Terrier or an American Pit Bull Terrier with one or more of the Dog registries named in the definition of Approved Dog Show, and provision of evidence of same satisfactory to the Licence Agent; and (c) that the Owner of the Pit Bull Dog has given written notice to one of the Dog registries named in the definition of Approved Dog Show stating the Owner s intention that the Pit Bull Dog participate in Approved Dog Shows, and provision of evidence of same satisfactory to the Licence Agent; and (d) (i) except in circumstances described in subsection (2)(d)(ii), that the Pit Bull Do has participated in at least one approved Dog show between August 30, and August 29Ih, 2005, and provision of evidence of same satisfactory to the Licence Agent; or (ii) in the case of a Pit Bull Dog that was unborn or below the age of 36 weeks on August 2gth, 2005, that the Pit Bull Dog has participated in at least one Approved Dog Show during the period ending on the day on which the Pit Bull Dog reaches the age of 36 weeks, and provision of evidence of same satisfactory to the Licence Agent; and (e) the fee set out in Schedule A for an exemption is paid.