cat by-law

There is a new by-law that will be proposed to HRM City Council in Feb. 2007. Below is an excerpt from the minutes of the HALIFAX REGIONAL COUNCILCOMMITTEE OF THE WHOLE MINUTESOctober 25, 2005

4. PROPOSED HARMONIZED BY-LAW A-300 - RESPECTING ANIMALS
• A report dated June 29, 2005 was before Council.
• Four suggested amendments submitted by Councillor Younger were before Council.
• An e-mail dated October 25, 2005 from Councillor Sloane was before Council.
Mr. Brad Anguish, Director, Environmental Management Services, presented the report assisted by Mr. Allan Waye, General Manager, Community Projects, EMS, Ms. AndreaMacDonald, Manager, Animal Control/Taxi & Limo Services, and Ms. Stefanie Turner,Operations Coordinator, Animal Control Services.

MOVED BY Councillor Hendsbee, seconded by Councillor Harvey that Council give first reading to By-Law A-300, Respecting Animals (attached as Appendix “A”), and set a public hearing date to adopt the By-Law and repeal the existing animal related By-Laws to come into effect June 1, 2006. Mayor Kelly left the meeting at 2:19 pm. Deputy Mayor Goucher assumed the Chair at this time. Mr. Waye and Ms. MacDonald advised that staff were not looking for a recommendation today as there are minor refinements to be made to the draft By-Law.
Deputy Mayor Goucher suggested the motion be to approve in principle in order to move the item forward for a notice of motion at this evening’s Council session. Councillor Younger suggested an increase to the fees to make the program more cost recovery.
MOVED BY Councillor Younger, seconded by Councillor Uteck that the four following amendments be included in the by-law:
1. Replace Section 14 with the following: NOISE 14 (1) No owner of an animal shall knowingly or not knowingly allow any animal to make noise excessively. (2) For the purposes of this section, a dog shall be deemed to be making noise excessively if it barks or howls repeatedly for a period of twenty (20) minutes.
2. Add the following to Section 17:(9) The municipality may, by Administrative Order, establish a committee to monitor shelter operations and establish guidelines on humane treatment and euthanasia.
3. Add and/or modify Section 18 as follows:Amend (1) by adding:“business” between “three (3)” and “days”Amend (a) to read:(a) be sold, adopted; or
Add a new section (3) as follows:(3) Notwithstanding any other provision of this by-law, no animal kept by the shelter keeper may be sold, adopted, or otherwise disposed of for laboratoryor any other experimental purpose.
4. In Section 20 replace the minimum fine of $100 with a minimum fine of $200.

As the four amendments were distributed just prior to today’s Council session without anopportunity for staff/Councillors to review the information, Ms. Donovan suggested that staff provide a supplementary report that would speak to Councillor Younger’s four proposed amendments before the draft by-law goes forward for first reading. The supplementary report could provide some refinement in the language to achieve the objective of the amendments without causing prosecution problems. Ms. Donovan clarified for Councillor Younger that no notice of motion has been given therefore,Council may approve in principle what has been presented then give notice of motion this evening. The supplementary report would be available at the first reading stage. Councillor Younger stressed that the information contained in the supplementary report be included in the by-law in advance of the public hearing.
Various members of Council expressed concern with the inability of HRM to enforce some of the regulations in the proposed by-Law such as: not feeding waterfowl on HRM property, requirement for certificates of spaying/neutering of cats, licensing of cats. Concern was also expressed that some aspects of the by-law would set false expectations and that the limitationof three dogs/three cats would be taking rights away from responsible pet owners.
Councillor Snow commented that By-Law Enforcement (animal control) is the most underfunded department in HRM and there is no point in having a by-law if we do not have the resources.
Councillor Kent suggested the wording be reviewed as some of the definitions are confusing.
Councillors Wile, Adams and Harvey suggested that there be some provision in the by-lawregarding citizens who deliberately feed pigeons (waterfowl) on private property.Ms. Donovan suggested the concern of feeding pigeons on private property be included in the supplementary report.
Deputy Mayor Goucher recommended that Councillor Younger’s amendments and additional comments of Council heard today be considered by staff. He clarified that the current motion is to include the licensing and limitation of cats in the by-law. Mr. Anstey responded to Councillor Smith that the February 8, 2005 minutes show that Council approved in principle the section respecting cats. Additional issues such as limitation and licensing are now to be considered. Mr. Anguish explained that the licensing of cats will be part of the budget preparation as money will have to be invested to commence the program. He advised staff will return with more information on that matter at a later date.
Councillor Murphy expressed concern that the public have not been educated on spaying/neutering/licensing of their pets nor have they been given information on how to be a responsible pet owner. Mr. Anguish responded that funds are being reclaimed in regards tothe current contract as the education aspect was not fulfilled. Mr. Anguish responded to Councillor Kent that the HRM website will be updated with information for the public once staff receive clear direction from Council on what it is Council would like to have included in the proposed by-law.
Councillor Hendsbee suggested that a fee and fine table be included with the by-law to provide clear reference to the registration fees as well as the fines for non-compliance. He further suggested that there be mandatory registration for all cats and dogs and that the penalization structure have incremental fines for repeat offenders. He encouraged the promotion of responsible pet ownership through the offering of a rebate on fees if the pet is spayed/neutered. He also suggested that addresses convicted of cruelty to animals be banned from the ownership of pets. Council agreed that this item be deferred and that staff provide a supplementary report at that time. Council was encouraged to forward additional comments to staff for review.

Please contact your city councillor to give your feedback. The new law limits a household to owning no more than 3 cats, and will no longer allow cats to roam at large. Residents will be able to rent a trap from Animal Control to catch the offending cat ( whether it is a suspected stray or a known neighbour's pesky cat) and give it to Animal Control to dispose of. The city currently does not have a contract with the SPCA so they have no place to bring the cats they would be catching... Why pass a By-law if the city cannot even afford the budget to enforce it?

Here are some suggestions I will be making to the people working on the propsed by-law:
I feel strongly that all pets going outside should wear ID tags and be licensed.
The new law should involve mandatory spaying and neutering of household pets, so unless you are a licensed breeder your pets cannot add to the growing population problem. If people would spay their cats, there would be less of them roaming on the streets, females in heat often escape and never return home, having their kittens in the wild. Male cats must be neutered, females don't get themselves pregnant. I am tired of hearing irresponsible owners of male cats say "well, I don't have any kittens" - think about how many babies your big boy has sired without your knowledge.