Whitehorse Daily Star

City relaxes leash on animal control bylaw

aNot just everyone in the city can have three dogs or cat.

By Whitehorse Star on January 11, 2005

aNot just everyone in the city can have three dogs or cat.

Last night, however, city council amended the animal control bylaw so that as of June 1, those who are approved by the bylaw department can have a third dog or cat.

Prior to the change, the bylaw permitted two dogs and two cats per household in the more residential areas of the city.

While that limit will continue, under the changes, those who want three dogs or cats can apply for a special permit from the bylaw manager that would permit the extra animal at the home.

Granting the permit would involve a review by the bylaw manager.

'(a)The application shall be completed by the owner of the dogs or cats on a form supplied by bylaw services, shall be accompanied by a Good Neighbour Certificate' or equivalent and shall be submitted to the manager of bylaw services,' reads section 36 of the bylaw. '(b)The application shall be reviewed by a designated officer who shall proceed with home visits and neighbourhood enquiries of those properties situation within a minimum of a 100 metre radius of the applicant's residence or such further area as deemed necessary by the designated officer.'

A written report and recommendation would then be completed by the office and given to the bylaw manager.

Within 10 days of receiving the report, the bylaw manager would make a decision 'and thereafter shall serve upon the applicant, or send by certified mail, written notice of the decision which shall include a copy of the bylaw and the appeal provisions therein.'

Bonnitta Ritchie, the Yukon Kennel Club's vice-president, said this morning the club is pleased that council responded to the request for a special permit.

Bylaw manager John Taylor said this morning the June 1 timeline will give the city time to look at various obedience programs to find those that suit the city's definition. Dog owners will be required to have at least one of their dogs to have completed the course.

Taylor will be working with three people to decide the exact programs that would classify for a certificate.

He noted there will be someone representing the dog obedience owner side of the issue, another person who wasn't in favour of the three-dog limit and another interested individual who brought forward numerous suggestions on the limit, working on developing the programs acceptable to the city.

Taylor said the process for those wanting a third will see a bylaw officer make the rounds to the owner's neighbours and prepare a report for approval.

After the bylaw was amended in 2001, taking effect in 2002, to the two-dog, two-cat limit along with other changes such as licensing cats, a number of dog enthusiast groups like the Yukon Kennel Club and the Yukon Shutzhund Association spoke out against the limit. They argued that dog trainers normally have three dogs at a time an older dog that's finished performing, a middle dog that's normally the performing dog, and a younger up-and-coming dog.

Council's vote on the changes did not come without some additional motions brought forward by Coun. Dave Stockdale and Coun. Doug Graham.

Stockdale's motion would have taken out part of the bylaw that has the pet limit not apply to people who have an accredited special needs dogs registered with the bylaw department.

'It's not my intent that we open it up to households to get four dogs,' he said.

He was the only council member to vote in favour of his proposal.

As Coun. Bev Buckway pointed out, the purpose of the bylaw is not to let every household have three dogs.

'Special needs (dogs) is a category onto itself,' she said.

Explanatory notes given to council point out the question of whether a special needs dog can legally be included in the three-dog limit isn't definitively covered off under any legislation.

Taylor said this morning he had a lawyer look at it. He also looked over human rights legislation, but nothing definitive was found.

When Stockdale first brought up the issue of including special needs dogs as part of the maximum limit, Taylor suggested the city may want to have it legally reviewed to make sure such a regulation wouldn't tread on human rights.

The limit also does not apply to a properly licensed kennel, a cattery, vet clinics nor animal shelters.

In country residential areas of the city, the limit per household is a maximum of four dogs and four cats unless a special permit has been issued by the bylaw manager for up to six dogs and six cats.

Another motion that council voted on, and passed, before voting directly on the bylaw last night was brought forward by Coun. Doug Graham. He proposed that a fee of $100 be charged for the permit application to have the third dog or cat.

Graham noted dog owners have indicated they're in favour of a fee for permit.

The explanatory notes to council state there will be administrative, consultation and inspection costs associated with the special permit, that shouldn't exceed three hours of employees' time.

A change was also made to the wording of the bylaw so the manager of bylaw services may issue the permit for three dogs or three cats after he receives the application and the owner has paid the non-refundable $100 fee.

Other amendments to the bylaw, which come into effect with the mayor's signature on the document, will allow for off-leash areas.

Others will see the city not charge impoundment fees over the course of the weekend if an animal is seized after 6 p.m. on the last working day of the week.

Also, if a pet is brought to the city pound and picked up by the owner before the end of the day, the owner won't be charged nor be required to pay any fees unless the animal has been impound within the past year.

With the amendments come new possible charges of:

ï $150 for a dangerous dog in an off-leash area;

ï $75 for failing to keep a dog under control; and

ï $75 for permitting a dog in an area where signs are posted prohibiting dogs.

The replacement of a licence tag for a dog and cat was also amended to $2.50 from $1.

Coun. Mel Stehelin was absent from last night's meeting.

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