CITY OF Burlington. Planning and Building Department. Ward(s) Affected: 1 q q 4 q 5 q 611I All

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1 Page 1 of Report PB-04/11 CITY OF Burlington Planning and Building Department TO: Community Development Committee SUBJECT: Regulating The Feeding Of Nuisance Animals Report Number: PB-04/11 File Numb er(s): Report Date: February 15, 2011 Ward(s) Affected: 1 q q 4 q 5 q 611I All Date to Committee: April Date to Council: May 2, 2011 Recommendation: Approve Option 1 recommending education rather than further regulation with respect to the feeding of nuisance animals. Purpose: q Address goal, action or initiative in strategic plan q Establish new or revised policy or service standard q Respond to legislation Respond to staff direction q Address other area of responsibility The purpose of this report is to respond to the following staff direction: Direct the Director of Planning & Building to undertake a best practices review of surrounding municipalities to determine if it is appropriate and feasible to amend the City of Burlington's property standards bylaw or adopt a new bylaw to prohibit the feeding of nuisance animals with a report back to the Community Development Committee in the third quarter of This staff direction came about because of complaints from residents regarding the annoyances caused by nuisance animals/ wildlife on private property. Reference to Strategic N/A Plan:

2 Page 2 of Report PB-04/11 Background: The feeding of nuisance and/or wild animals within the urban area of the City of Burlington is a complex and often contentious issue. Observing wild animals near human habitats or even in nearby-wooded areas can be a fascinating and enjoyable experience. This same fascination can often encourage some individuals to approach or feed these animals. However, there are dangers to feeding wild animals, one of which is that it can lead to an unnatural increase in wildlife populations which in turn causes an increase in nuisance wildlife activity. Even providing food for birds can result in spillage that can attract rats and mice which in turn attracts the larger predators like coyotes and foxes. Large flocks of birds such as geese that frequent certain urban areas generate a variety of problems including fouling of property with waste, the spread of disease and declining populations of rarer species due to displacement of habitat. Discussion: Various wildlife commonly inhabit urban and suburban areas and in some cases, such as skunks and racoons can become a nuisance. In other cases they can displace the habitat of other more compatible wildlife and in still other cases they can be dangerous in their behaviour or pose health hazards. The presence of unwanted wildlife may lead frustrated residents to take inappropriate action such as trapping and relocating animals that are merely trying to take advantage of a food source or convenient habitat.under the Ontario Ministry of Natural Resources Fish and Wildlife Conservation Act, it is illegal to trap and relocate any wild animal beyond a close proximity to where it was captured, even in urban areas where they are a pest or nuisance. This may prove harmful or cruel even to a nuisance animal and is unlikely to provide a permanent solution since removal simply opens up a space for another animal to move in and use the same habitat. In order to address this issue of nuisance animals, it is important to determine what is attracting the animal to a dwelling or property and then how this attraction can be altered so it is no longer appealing. Wild animals tend to be around our homes for one of two reasons: Food Source - bird feeder, pet food, garbage etc. Potential Shelter - most common during the birthing season, which runs from late February to early October, when pregnant females are eager to find a safe place to have their young, and during the fall, when animals are seeking a place to settle down for the winter. Deterrents such as capping chimneys, repairing loose siding or screening window wells are ways to keep animals from using a dwelling or property as a den or nest. Certain areas of a dwelling or property are very suited to wildlife as den sites or food sources. These areas should be inspected each year in the early spring and fall. The issue of people regularly feeding wildlife is a controversial one with little consensus regarding how it should be managed. Approaches range from a complete prohibition, to active

3 Page 3 of Report PB-04/11 promotion and management, to discouraging or dissuading people from feeding wildlife through advice and assistance. Simply ignoring the problem or practice is rarely an acceptable approach. By providing educational materials to assist people in understanding and learning to co-exist with wildlife, residents can be encouraged to both enjoy and appreciate native wildlife. This is a difficult task if we are faced with complaints of over populated, nuisance, sick or tame wildlife. While intentions may be good, in the long term, the implications of feeding wildlife can be very serious for both the wildlife and area residents. Strategy/Process In preparation for this report we have surveyed surrounding municipalities in an effort to compare municipal practices as outlined in Table 1. While some municipalities have parks bylaws prohibiting the feeding of wildlife in municipal parks, these municipalities also have no other by-laws prohibiting the feeding of wildlife on private property. Table 1 - Municipal By-law on Feeding Wildlife Municipality Burlington No Bylaw Explanation 3 The City of Burlington does not have a by-law to prohibit the feeding of wildlife in parks or on private property. The Bay Area Restoration Council (BARC) has launched a 'Don't Feed Waterfowl' campaign to educate people on the health and environmental effects of feeding the geese and gulls along our waterfront. The City of Burlington is a member of BARC. Guelph 3 There is no by-law to prevent the feeding of wildlife in the City of Guelph. The City posts the attached on their website: Refrain from feeding wildlife, including deer; animals quickly adapt to humans and become reliant on our hospitality. Wildlife is part of what makes Guelph beautiful, but if animals are causing a serious nuisance and you feel you must take action, contact a humane removal service such as Humane Wildlife Control at or Halton Hills 3 The Town of Halton Hills has no Animal Control division, only Canine Control. There is no by-law to prevent the feeding of wildlife. Hamilton Milton By-law By-law 072- The City of Hamilton does not have a by-law specifically prohibiting feeding wild animals on private property. However, there is a parks by-law that prohibits feeding any wild bird or fish on park property. There is also a pigeon by-law that prohibits the feeding of pigeons on private property if by doing so, causes a public nuisance on other property. A harmonized animal control by-law is being proposed in 2011 and may have a section prohibiting the feeding of wildlife. The Town of Milton does not have a by-law specifically prohibiting feeding wild animals. There is a parks by-law that

4 Page 4 of Report PB-04/11 Mississauga Oakville Toronto 2006 prohibits feeding any waterfowl or wildlife on park property. By-law The City of Mississauga does not have a by-law specifically prohibiting feeding wild animals on private property There is a parks by-law that prohibits feeding any waterfowl except in designated areas. Currently, complaints regarding feeding of wild animals on private property are handled by a personnel By-law Code 608 visit and to educate with handout materials. The Town of Oakville does not have a by-law specifically prohibiting feeding wild animals on private property There is a parks by-law that prohibits feeding any waterfowl or wildlife on park property. The City of Toronto does not have a by-law specifically prohibiting feeding wild animals on private property There is a parks by-law that prohibits feeding or attempt to feeding or depositing food for consumption by wildlife. The City of Hamilton is currently working on a new animal control by-law which may include a section specifically related to feeding wildlife. The draft bylaw may include the following provision: â A prohibition against the feeding of wildlife (other than song birds, humming birds, etc.) due to the risk of wildlife becoming "habituated" and a nuisance or threat. There is a clear indication that the surrounding municipalities that while recognizing the problems related to feeding wildlife on parkland, a by-law prohibiting feeding wildlife on private property may not be an appropriate method to curtail this activity. Burlington's response has been to provide advice and assistance to residents. Brochures available from the City's Animal Shelter on "Learning to Live in Harmony with Urban Wildlife" provide information to the public on what to do if you have a wildlife problem. The advice includes: â Contacting a professional Pest Control Company â "Animal proofing" homes â Using animal proof garbage storage â Keeping trees and bushes at least 5 metres away from roof edges â Refraining from feeding wildlife Burlington Animal Control receives approximately 3-4 complaints a year specifically about feeding wildlife. If a complaint is received and the identity of the resident who is feeding the wildlife is known, Animal Control staff will attend at the site, provide the residents them with educational material. Staff will also provide traps if the complainants are concerned about rodents or some other wildlife that can be legally trapped and removed.

5 Page 5 of Report PB-04/11 Additionally, residents will be advised that instead of giving handouts to wildlife, they may wish to consider improving food sources as part of the the habitat around their home. Plants such as viburnums, hollies, cedars, dogwoods and other native species provide beneficial food and cover. Options Considered Staff have reviewed the research and the best practices of the surrounding municipalities and propose the following options; Option 1: Continue to educate - providing advice and assistance where appropriate - rather than prohibiting or regulating the feeding of wildlife through a by-law. Option 2: Amend the current Animal Control by-law to include a prohibition on feeding wildlife, but undertake a broad public education campaign for a year before the law comes into effect. Enforcement officers will take an educational approach with offenders, handing out an informational "ticket" that describes the provisions of the by-law, the reasons for and the timing of the introduction. A component of the staff direction is to consider amending the Property Standards by-law to determine if it is feasible to use this by-law to address the problem of feeding nuisance animals. Our current Property Standards by-law has a section pertaining to animal feed storage, but not the feeding of animals; All compost, pet food and animal feed shall be stored and kept on a property in a reasonable manner so as not to allow offensive odours to affect the surrounding neighbourhood or attract rodents, pests, or other animals to the property. Having considered this, staff conclude that the Property Standards by-law is not the best tool to address the problem of feeding wildlife. Enforcement and prosecution can be onerous and time consuming due to the notification and appeal process. Financial Matters: There are no financial implications at this time. However, if Option 2 is adopted, additional enforcement effort will be conducted by existing experienced staff with resources that are currently available through the existing training and professional development budget. Communication Matters: A Public Open House was held on Tuesday March 8, 2011 at the Burlington Senior's Centre. The Open House was well attended with approximately 40 residents providing their input and opinions on the issue of regulating or not regulating the feeding of nuisance animals. Their

6 Page 6 of Report PB-04/11 comments and questions were as varied as they were heartfelt. Some of the more general areas of concern were as follows: â Feeding geese Problems associated with geese include droppings on lawns and beaches, and aggressive behaviour toward humans, â Oiling goose eggs to help stop the rising goose population (permits from the province are required.) )=. Noise from waterfowl as a result of consistent feeding, such as swans. â Halton Region Garbage Pickup- Can a change in our pick up times change the feeding behaviour of the animals that live among us? Councillor Dennison, as a Halton Regional Councillor indicated that this was not a feasible alternative. â Developing a No Kill Shelter was brought up by those concerned with feral cats. â Trap Neuter and Release may work for skunks as well as feral cats. )=. Our existing by-laws will solve the problem of cats and or dogs leaving their own property but we need to be vigilant and more proactive in our approach. â There is "no problem" so why create a by-law? â Managing our birdfeeders properly to ensure bird feed is not dropped to the ground. â A clear definition of "nuisance animal" is needed if there is to be an animal control by-law amendment. Discussion also touched on the work of The Hamilton/Burlington Society for the Prevention of Cruelty to Animals. The Hamilton\Burlington SPCA is an affiliate of the Ontario SPCA and its primary mission is preventing of cruelty to animals. Animal Control staff has not received complaints about feral cats and does not regard it as a problem within the City of Burlington. In summary, the Public Open House was well attended with opinions ranging across the spectrum, from a total ban on feeding wildlife, to letting nature takes its course. By-law enforcement staff also discussed the Canada Geese problem with representatives from the Roads and Parks Maintenance Department. RPM currently administers a program to address the geese problem in Burlington, such as oiling eggs and harassing waterfowl, to move them out of the area. An important part of the work of Animal Control staff is to communicate with the public as part of its customer service program and to provide information to the public through other means such as City Talk, advertising in the local media and the City's web page. An educational seminar for the general public is planned for the fall specifically to provide information on wildlife management. Conclusion: Many wild animals have adapted well to life in the city. Because food and shelter are plentiful, and natural predators are limited, these animals will continue to live perhaps even flourish - in our midst. By learning how to share the environment with them while reducing the conflicts

7 Page 7 of Report PB-04/11 created by providing food and shelter, wildlife can continue to live in our midst in modest numbers with a minimum of conflict or nuisance. This report has outlined a number of options to consider with respect to feeding wildlife. Staff recommend Option 1, which is to continue to provide information to the public about co-existing with nuisance animals/wildlife. RAZtfully sub 'tted, Tracey ws Manager f By-law Enforcement and Licensing ext 7628 Notifications: (after Council decision) Name E. Hadrevi, N. Haun Bev & Ray Kingdon Lesley Matthews, Joan Tulley Antoinette Wells, Debbie Danek Linda Shepard, Ann Graham Larry & Betty Anne Hill Joe Veitch, Elaine Reece Linda Vipond, Janice Farquhar R. Clavel, Sadie & Gerald Green Valerie Jones, D. Moody Lindsey Sammut, Don Kirby Wilma Robertson David & Eleanor Wood Bud & Grace Guay Angie Nadalin, Dave Pawlik Jolene Reagan Mailing or Address

8 Page 8 of Report PB-04/11 Approvals: *required epartment Head City Treasurer Gen ager City Manager Committe e Dispositio n & Comments Council Dispositio n& Comments ("jj- 6c*,/,e9o. To be completed by the Clerks Department 01 Approved 02-Not Approved 03-Amended 04-Referred Filed 07-Withdrawn Approved 02-Not Approved 03-Amended 04-Referred Filed 07-Withdrawn 06-Received & 06-Received &