Law Officers to enforce. The By-Law Officers do not currently operate as an emergency call-out service and would likely not have the capacity to do so.
The question before council as brought forward by Councillor Payne is one that aligns well with the City’s image as a forward thinking municipality in terms of animal welfare and protections. Administration is presenting council with three main options, as discussed above, in terms of dealing with animals in extreme weather and implementing such language into our by-law. Should Council determine to consider this matter further, a summary is below.
1. Implementing a 15-minute time limit on animals in an extreme weather event as defined by Environment Canada while also implementing the OSPCA’s suggested changes relative of animals in vehicles.
15 minute limit not common practice but has been implemented in various Ontario municipalities such as Mississauga.
It provides a high level of protection of animals in extreme weather events.
Difficult to enforce and rigid in terms of breed-specific considerations. Some difficulty defending charges legally if challenged.
Changing Keeping of Animals by-law in relation to animals in vehicles shifts onus on enforcement to City By-Law Officers.
2. Implementing language requiring the animal to be supervised at all times when outdoors during an extreme weather event as defined by Environment Canada, or have access to appropriate shelter as deemed by the City Designate and allowing the Provincial Inspectors to enforce provincial legislation dealing with animals in vehicles.
Not common practice but in the implementation process in one municipality.
Easier to enforce than the 15 minute limit and allows for a greater discretion for enforcement officers faced with breed or shelter specific issues.
Discretion of officer places a vast degree of responsibility on officer.
Provincial Inspectors and the Police service are mandated to protect the rights of animals and already respond to distress calls re: animals in vehicles. No change is required to provide effective enforcement.
3. Maintenance of the status quo and continuing to use existing legislation to enforce all animal welfare related incidents.
Majority of municipalities surveyed use existing legislation.
Current enforcement of existing legislation has been effective. Provisions exist which can be used to assist animals in distress.
Provincial Inspectors operate within Windsor-Essex to provide action on any complaint regarding animal welfare.
Law Officers to enforce. The By-Law Officers do not currently operate as an emergency call-out service and would likely not have the capacity to do so.
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