Item - 2016.LS15.1

Tracking Status

LS15.1 - Amendments to Chapter 349, Animals - Dangerous Dogs

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on December 13, 14 and 15, 2016, adopted the following:

 

1.  City Council amend Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, so that, prior to the determination of a dangerous dog, the Executive Director, Municipal Licensing and Standards consider whether the dog was acting in self-defence when the dangerous act leading to the order to comply under Chapter 349-15 occurred.

 

2.  City Council amend Chapter 349, Animals, 349-8. Tethers, to prohibit the tethering of an animal for no longer than one hour and the use of choke collars, choke chains, pronged collars or any similar device on dogs.

 

3.  City Council amend Chapter 349, Animals as described in Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, as amended by Parts 1 and 2 above.

 

4.  City Council direct that the amendments to Chapter 349, set out in Parts 1, 2 and 3 above, come into force on March 1, 2017.

 

5.  City Council direct the Executive Director, Municipal Licensing and Standards, to report to the Budget Committee, through the 2017 Budget Process, on the retention of a consultant, with a budget of a minimum of $60,000, to assist the City of Toronto on animal welfare and related issues, including:

 

a. improving animal welfare in Toronto and the coordinated delivery of animal-related services, including the delivery of effective, locally provided enforcement of animal welfare laws, integrated with a humane-based approach to animal control and any other animal-related services; and

 

b. developing an approach to the provincial government that with a request top authorize the City of Toronto to enforce provincial animal legislation,

 

and further that the firm/consultant have, at a minimum, knowledge of the following:

 

a. The Ontario Society for the Prevention of Cruelty to Animals Act
b. The Animal Health Act
c. The Animals for Research Act
d. The Dog Owners Liability Act
e. The Fish and Wildlife Conservation Act
f. The Emergency Management Act
g. The Criminal Code of Canada
h. The Health of Animals Act
I. The Canadian Food Inspection Agency Act,
 

and experience that includes:

 

a. working with the above mentioned acts;

b. senior level experience in the animal welfare field; and

c. working with a broad range of stakeholders, both government and non-government.

Public Notice Given

Background Information (Committee)

(November 16, 2016) Report from the Executive Director, Municipal Licensing and Standards on Amendments to Chapter 349, Animals - Dangerous Dogs
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-98542.pdf
Attachment 1 - Amendments to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-98543.pdf
Public Notice - Proposed Amendments to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-98544.pdf

Communications (Committee)

(November 23, 2016) E-mail from Babak Amouoghli (LS.New.LS15.1.1)
(November 28, 2016) Letter from Jacques Messier, Chief Executive Officer, Toronto Humane Society (LS.New.LS15.1.2)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-64249.pdf
(November 28, 2016) E-mail from Nicole Corrado (LS.New.LS15.1.3)
(November 28, 2016) Petition from Kalisa Coyotl containing approximately 705 signatures (on file in the City Clerk's Office) (LS.New.LS15.1.4)
(November 29, 2016) Letter from Liz White, Director, Animal Alliance of Canada (LS.New.LS15.1.5)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-64326.pdf
(November 29, 2016) E-mail from Marlene Carpenter (LS.New.LS15.1.6)
(November 30, 2016) Submission from Anna- Maria Mountport (LS.New.LS15.1.7)
(November 30, 2016) Submission from Teresa Perna (LS.New.LS15.1.8)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-14-2016 10:14 AM

Result: Carried Majority Required - LS15.1 - Adopt the item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Shelley Carroll, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, John Filion, Jim Karygiannis, Chin Lee, Pam McConnell, Ron Moeser, James Pasternak, Anthony Perruzza

LS15.1 - Amendments to Chapter 349, Animals - Dangerous Dogs

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.  Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, be amended so that, prior to the determination of a dangerous dog, the Executive Director, Municipal Licensing and Standards consider whether the dog was acting in self-defence when the dangerous act leading to the order to comply under Chapter 349-15 occurred.

 

2.  Chapter 349, Animals, 349-8. Tethers, be amended to prohibit the tethering of an animal for no longer than one hour and the use of choke collars, choke chains, pronged collars or any similar device on dogs.

 

3.  City Council approve amendments to Chapter 349, Animals as described in Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, and as amended by Recommendations 1 and 2 above.

 

4.  City Council direct that the amendments to Chapter 349, set out in Recommendations 1, 2 and 3 above, come into force on March 1, 2017.

 

5.  City Council direct the Executive Director, Municipal Licensing and Standards, to report to the Budget Committee, through the 2017 budget process, on the retention of a consultant, with a budget of a minimum of $60,000, to assist the City of Toronto on animal welfare and related issues, including:

 

a. improving animal welfare in Toronto and the coordinated delivery of animal-related services, including the delivery of effective, locally provided enforcement of animal welfare laws, integrated with a humane-based approach to animal control and any other animal-related services; and

 

b. developing an approach to the provincial government that with a request top authorize the City of Toronto to enforce provincial animal legislation,

 

and further that the firm/consultant have, at a minimum, knowledge of the following:

 

a. The Ontario Society for the Prevention of Cruelty to Animals Act
b. The Animal Health Act
c. The Animals for Research Act
d. The Dog Owners Liability Act
e. The Fish and Wildlife Conservation Act
f. The Emergency Management Act
g. The Criminal Code of Canada
h. The Health of Animals Act
I. The Canadian Food Inspection Agency Act,
 

and experience that includes:

 

a. working with the above mentioned acts;

b. senior level experience in the animal welfare field; and

c. working with a broad range of stakeholders, both government and non-government.

Decision Advice and Other Information

The Licensing and Standards Committee:

 

1.  Requested the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee on ways and means to prevent abusive owners from owning dogs and/or other animals in the future.

 

2.  Requested the Executive Director, Municipal Licensing and Standards to report back to the April 18, 2017 meeting of Licensing and Standards Committee on an update to the City's animal welfare legislation, including addressing the following issues:

 

a. mandatory microchipping for all cats and dogs;

b. mandatory spay/neuter for cats;

c. anit-roaming bylaw for cats;

d. updating the City's prohibited animals list; and

e. wildlife control.

Origin

(November 16, 2016) Report from the Executive Director, Municipal Licensing and Standards

Summary

This report proposes amendments to Toronto Municipal Code, Chapter 349, Animals to better prevent dog bites, mitigate risks associated with dangerous dogs and hold owners responsible for their dog.

 

Specifically, the report proposes:

  • New definitions for dangerous dog, dangerous act, attack and extreme weather
  • Requirements for owners of a dangerous dog of muzzling, microchipping, special dog tags, warning signage, prohibition from off-leash parks and training
  • An extreme weather provision to ensure that the dog is adequately protected from the elements
  • Time limit of three consecutive hours that a dog can be tethered
  • A prohibition on the use of choke collars, choke chains, pronged collars or any similar device on dogs for tethering
  • No person shall walk and have control over more than three dogs unless authorized by a commercial dog walker permit
  • The owner of the dog may appeal the order to comply with the dangerous dog requirements and the Executive Director, Municipal Licensing and Standards may consider whether the dog was acting in self-defence when the dangerous act occurred
  • Increased and continuing fines for those who do not comply

These proposed amendments were presented to Licensing and Standards Committee at its meeting of September 21, 2016, and received support from the Committee.

 

Since that meeting, staff posted a survey online for the public to comment on the proposed changes. There were over 5,000 respondents to the survey with a majority supporting the amendments.

Background Information

(November 16, 2016) Report from the Executive Director, Municipal Licensing and Standards on Amendments to Chapter 349, Animals - Dangerous Dogs
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-98542.pdf
Attachment 1 - Amendments to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-98543.pdf
Public Notice - Proposed Amendments to Chapter 349, Animals
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-98544.pdf

Communications

(November 23, 2016) E-mail from Babak Amouoghli (LS.New.LS15.1.1)
(November 28, 2016) Letter from Jacques Messier, Chief Executive Officer, Toronto Humane Society (LS.New.LS15.1.2)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-64249.pdf
(November 28, 2016) E-mail from Nicole Corrado (LS.New.LS15.1.3)
(November 28, 2016) Petition from Kalisa Coyotl containing approximately 705 signatures (on file in the City Clerk's Office) (LS.New.LS15.1.4)
(November 29, 2016) Letter from Liz White, Director, Animal Alliance of Canada (LS.New.LS15.1.5)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-64326.pdf
(November 29, 2016) E-mail from Marlene Carpenter (LS.New.LS15.1.6)
(November 30, 2016) Submission from Anna- Maria Mountport (LS.New.LS15.1.7)
(November 30, 2016) Submission from Teresa Perna (LS.New.LS15.1.8)

Speakers

Anna-Maria Mountfort
Steven Hornell
Teresa Perna
Pauline Bradley
Giovanni Perna
Collette Beyer
Liz White, Director, Animal Alliance of Canada
Miguel Avila-Velarde

Motions

1a - Motion to Defer Item moved by Councillor Giorgio Mammoliti (Lost)

That consideration of the item be deferred for one month until the Executive Director, Municipal Licensing and Standards can create a new category for owners to apply for licensing.

Vote (Defer Item) Nov-30-2016

Result: Lost Majority Required - Motion 1a by Councillor Mammoliti
Total members that voted Yes: 1 Members that voted Yes are Giorgio Mammoliti
Total members that voted No: 4 Members that voted No are Glenn De Baeremaeker, Frank Di Giorgio, Josh Matlow, Cesar Palacio (Chair)
Total members that were Absent: 1 Members that were absent are Jim Karygiannis

1b - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Carried)

That Attachment 1 to the report (November 16, 2016) from the Executive Director, Municipal Licensing and Standards, be amended so that prior to the determination of a dangerous dog, the Executive Director, Municipal Licensing and Standards consider whether the dog was acting in self-defence when the dangerous act leading to the order to comply under Chapter 349-15 occurred.

Vote (Amend Item (Additional)) Nov-30-2016

Result: Carried Majority Required - Motion 1b by Councillor Mammoliti
Total members that voted Yes: 3 Members that voted Yes are Frank Di Giorgio, Giorgio Mammoliti, Cesar Palacio (Chair)
Total members that voted No: 2 Members that voted No are Glenn De Baeremaeker, Josh Matlow
Total members that were Absent: 1 Members that were absent are Jim Karygiannis

1c - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Out of Order)

That Licensing and Standards Committee recommend when a dog is deemed dangerous, the owner of this dog be also categorized as dangerous.

Ruling by Councillor Cesar Palacio
The Chair ruled Motion 1c by Councillor Mammoliti out of order as the matter before Committee dealt with dangerous dogs.


1d - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Out of Order)

That the Alaskan Malamute "Travis" owned by Steven Hornell not be deemed a dangerous dog. 

Ruling by Councillor Cesar Palacio
The Chair ruled Motion 1d by Councillor Mammoliti out of order as the Committee has no jurisdiction over by-law enforcement matters.


2a - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That:

 

1.  City Council approve an amendment to Chapter 349, Animals, 349-8. Tethers, to prohibit the tethering of an animal for no longer than one hour.


2b - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That:

 

1.  The Executive Director, Municipal Licensing and Standards report back to the April 18, 2017 meeting of Licensing and Standards Committee on an update to the City's animal welfare legislation, including addressing the following issues:

 

a. mandatory microchipping for all cats and dogs;

b. mandatory spay/neuter for cats;

c. anit-roaming bylaw for cats;

d. updating the City's prohibited animals list; and

e. wildlife control.

 

2. City Council direct the Executive Director, Municipal Licensing and Standards, to report to the Budget Committee, through the 2017 budget process, on the retention of a consultant, with a budget of a minimum of $60,000, to assist the City of Toronto on animal welfare and related issues, including:

 

a. improving animal welfare in Toronto and the coordinated delivery of animal-related services, including the delivery of effective, locally provided enforcement of animal welfare laws, integrated with a humane-based approach to animal control and any other animal-related services; and

 

b. developing an approach to the provincial government that with a request top authorize the City of Toronto to enforce provincial animal legislation.

 

And further that the firm/consultant have, at a minimum, knowledge of the following:

 

a. The Ontario Society for the Prevention of Cruelty to Animals Act
b. The Animal Health Act
c. The Animals for Research Act
d. The Dog Owners Liability Act
e. The Fish and Wildlife Conservation Act
f. The Emergency Management Act
g. The Criminal Code of Canada
h. The Health of Animals Act
I. The Canadian Food Inspection Agency Act
 

And experience that includes:

 

a. working with the above mentioned acts;

b. senior level experience in the animal welfare field; and

c. working with a broad range of stakeholders, both government and non-government.


2c - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That the Executive Director, Municipal Licensing and Standards be requested to report back on ways and means to prevent abusive owners from owning dogs and/or other animals in the future.


2d - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That the use of choke collars, choke chains, pronged collars or any similar device on dogs be prohibited.


3 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)

Vote (Adopt Item as Amended) Nov-30-2016

Result: Carried Majority Required - Motion 3 by Councillor Palacio
Total members that voted Yes: 4 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Jim Karygiannis
Source: Toronto City Clerk at www.toronto.ca/council