Item - 2017.LS20.1

That:

1. Notwithstanding that chickens are currently on the List of Prohibited Animals in Toronto, City Council authorize the Executive Director, Municipal Licensing and Standards to develop and implement a pilot program as soon as possible and at least prior to the end of October, 2017 permitting backyard hens in Wards 5, 13, 21 and 32 for a period of up to three years from the date of implementation, with an interim review after 18 months. Such pilot program is to include the following conditions:

a. participants in the pilot program must register, as directed, with the City and must be the owner or lawful occupant of the property;

b. only residential properties are permitted to be registered. Neither apartment buildings, condominium buildings, nor properties without sufficient outdoor space to house the hens, as determined by the Executive Director, Municipal, Licensing and Standards will be permitted;

c. limit of four backyard hens per property;

d. participants agree to permit City staff to attend and inspect the property as deemed necessary to fulfill the purposes of the pilot program, and compliance with applicable bylaws;

e. participants shall agree to terms and conditions satisfactory to the Executive Director, Municipal Licensing and Standards prior to keeping hens on the owner's property;

f. no roosters are permitted;

g. participants must comply with Chapter 349, Article III, Care of Animals and all other applicable laws;

h. hens must remain on the owner's property, and further, any hen found off the property of the owner will be considered at large in the City; and

i. the eggs produced are for personal consumption. The sale, or offering for sale, or any other type of distribution is prohibited.

2. City Council direct the Executive Director, Municipal Licensing and Standards to develop evaluation metrics to review and measure outcomes of the pilot program permitting backyard hens. Such evaluation is to be done in cooperation with Toronto Public Health staff and the Toronto Food Policy Council and to include neighbourhood reaction, health impacts, and animal care.

3. City Council direct the City Solicitor to amend Chapter 349, Animals as deemed necessary to give effect to the pilot program. 

That City Council amend Licensing and Standards Recommendation 1 by adding the following parts c. and d.:

1.  City Council amend Toronto Municipal Code Chapter 349, Animals, by:

c. permitting Earth Rangers to continue to use their existing skunk, pine martin, armadillo and porcupine for educational purposes in the City of Toronto until January 1, 2021.

d. deleting part D. of Chapter 349-4 Exceptions: "The premises of the Toronto Zoo" and inserting the following new part D:

349-4. D. Toronto Zoo Animals

That City Council request the Executive Director, Municipal Licensing and Standards to examine the advantages and merits of a positive list for the regulation of animals in the City of Toronto and report back to the Licensing and Standards Committee in the first quarter of 2018.

That in the event Council approves a pilot program permitting backyard hens:

1. City Council direct the Executive Director, Municipal Licensing and Standards to consider, create and require participants to abide by terms and conditions on the following matters in a form and with content satisfactory to the Executive Director, Municipal Licensing and Standards:

1. side and rear yard setbacks for the locating of outdoor hen enclosures;
2. prescribed standards/guidelines for the outdoor enclosure structure and operating conditions, as appropriate, to ensure participants are taking appropriate measures to mitigate against attracting pests, vermin, or other wildlife;
3.  conditions that participants are required to ensure that appropriate animal care and welfare needs are reasonably met;
4. prescribed standards to ensure that public health and safety concerns are mitigated; and
5.  any other criteria as deemed necessary by the Executive Director, Municipal Licensing and Standards, to ensure community nuisance concerns are minimized.

2. City Council direct that all participants in the Pilot Program be required to register with the City in a form as set out by the Executive Director, Municipal Licensing and Standards and enter into an agreement with the City requiring the participant to abide by the terms and conditions set by the Executive Director, Municipal Licensing and Standards in Recommendation 1, above. The Executive Director shall be authorized to execute any agreement with participants of the Pilot Program on behalf of the City.

3. City Council authorize the Executive Director, Municipal Licensing and Standards to suspend any registered participants from the Pilot Program, who are believed to be jeopardizing public health, causing community disruption, or who are not adequately caring for the hens.

4. City Council direct the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee during the pilot program, should significant public health, community nuisance or animal welfare issues arise.

5. City Council direct the Executive Director, Municipal Licensing and Standards to include in the report back to the Licensing and Standards Committee at the end of the pilot, details including:

a.  complaints received;
b.  actions taken;
c.  staffing and/or resource impacts; and
d.  financial impacts.

That City Council refer the Item back to the Licensing and Standards Committee for further consideration.

That Councillor Karygiannis be permitted to withdraw his motion 4.

That City Council refer motion 1 by Councillor Mihevc and motion 3 by Councillor Di Ciano to the Executive Director, Municipal Licensing and Standards with a request that the Executive Director, Municipal Licensing and Standards hold public consultations on the pilot to permit backyard hens as proposed in these motions and to report to the Licensing and Standards Committee on the results of the public consultations.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item LS20.1 and take the vote immediately.

Councillor Matlow, rising on a Point of Privilege after the Speaker called for declarations of interest, stated that he has consulted with the Integrity Commissioner in relation to Item LS20.1, Prohibited Animal Review. He has been advised that in consideration of the principles of the Code of Conduct, he should not participate in the debate and vote on Item LS20.1 because his spouse works for an organization that has taken position on the outcome and participated in the City staff consultation.  Councillor Matlow advised Council that although this is not a pecuniary interest it can be inferred as that he might have a bias, the right thing to do is recuse himself from the vote.

Councillor Mammoliti, rising on a Point of Privilege, stated that the would like to know more detail as to why the Integrity Commissioner is giving advice to Members of Council that is contrary to the law.  Councillor Mammoliti further stated that Members of Council need a briefing on what they can and cannot vote on.

That in the event Council approves a pilot program permitting backyard hens:

1. City Council direct the Executive Director, Municipal Licensing and Standards to consider, create and require participants to abide by terms and conditions on the following matters in a form and with content satisfactory to the Executive Director, Municipal Licensing and Standards:

1. side and rear yard setbacks for the locating of outdoor hen enclosures;
2. prescribed standards/guidelines for the outdoor enclosure structure and operating conditions, as appropriate, to ensure participants are taking appropriate measures to mitigate against attracting pests, vermin, or other wildlife;
3.  conditions that participants are required to ensure that appropriate animal care and welfare needs are reasonably met;
4. prescribed standards to ensure that public health and safety concerns are mitigated; and
5.  any other criteria as deemed necessary by the Executive Director, Municipal Licensing and Standards, to ensure community nuisance concerns are minimized.

2. City Council direct that all participants in the Pilot Program be required to register with the City in a form as set out by the Executive Director, Municipal Licensing and Standards and enter into an agreement with the City requiring the participant to abide by the terms and conditions set by the Executive Director, Municipal Licensing and Standards in Recommendation 1, above. The Executive Director shall be authorized to execute any agreement with participants of the Pilot Program on behalf of the City.

3. City Council authorize the Executive Director, Municipal Licensing and Standards to suspend any registered participants from the Pilot Program, who are believed to be jeopardizing public health, causing community disruption, or who are not adequately caring for the hens.

4. City Council direct the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee during the pilot program, should significant public health, community nuisance or animal welfare issues arise.

5. City Council direct the Executive Director, Municipal Licensing and Standards to include in the report back to the Licensing and Standards Committee at the end of the pilot, details including:

a.  complaints received;
b.  actions taken;
c.  staffing and/or resource impacts; and
c.  financial impacts.

That City Council amend Licensing and Standards Recommendation 1 by adding the following parts b. and c.:

1.  City Council amend Toronto Municipal Code Chapter 349, Animals, by:

c. permitting Earth Rangers to continue to use their existing skunk, pine martin, armadillo and porcupine for educational purposes in the City of Toronto until January 1, 2021.

d. deleting part D. of Chapter 349-4 Exceptions: "The premises of the Toronto Zoo" and inserting the following new part D:

349-4. D. Toronto Zoo Animals

That City Council request the Executive Director, Municipal Licensing and Standards to examine the advantages and merits of a positive list for the regulation of animals in the City of Toronto and report back to the Licensing and Standards Committee in the first quarter of 2018.

That City Council defer consideration of this Item remaining on the agenda to the October 2, 3 and 4, 2017 Council meeting or to a special meeting to be called by the Mayor.

That City Council waive the rules to allow questions of staff.

That City Council direct the Executive Director, Municipal Licensing and Standards to follow the criteria listed below prior to reporting on whether an animal should be added or removed from the prohibited animals list and to help evaluate if certain animals should be added or deleted from the list:

a.  determining if animal is on federal or provincial protected, at-risk, endangered or prohibited list;

b.  determining if animal is venomous or poisonous;

c.  determining if animal will present an undue danger to human health or safety;

d.  determining if animal care and welfare needs can be reasonably met by owner;

e.  determining if animal presents an invasive to local animals or the environment;

f.  determining if animal will cause public nuisance problems (such as noise, odour or significant garbage/waste); and

g.  determining if there is substantial independent, impartial, scientific, peer-reviewed evidence showing that the animal is relatively easy and inexpensive to keep and capable of being housed and cared for with respect to its fundamental biological, behavioural, ecological and welfare needs. Each animal's nutritional, thermal, lighting and other environment needs and landscape, furnishing, shelter and privacy requirements must be known and can be comprehensively, inexpensively and easily met. 

That:

1.  Recommendation 1b in the report (May 31, 2017) from the Executive Director, Municipal Licensing and Standards be amended by replacing January 1, 2018 with July 1, 2018 to read as follows: 

"1b.  Delaying the come into force date for the deletion of the prohibited animals' exception for educational programs to July 1, 2018."

2.  Recommendation 2 in the report (May 31, 2017) from the Executive Director, Municipal Licensing and Standards be amended to read as follows: 

"2.  City Council direct the Executive Director, Municipal Licensing and Standards to work with relevant City divisions, agencies, boards and external stakeholders to strengthen public educational efforts on animals permitted to be used for mobile live animal programs and best practices for public health and safety and animal care and welfare and to consult on the development of criteria for educational organizations to meet in order to maintain their prohibited animal exception for educational programs."

3.  A new recommendation be added as follows:

"City Council direct the Executive Director, Municipal Licensing and Standards to develop criteria for educational organizations to meet in order to maintain their prohibited animal exception for educational programs."