1. minor amendments to existing by-laws

lÉgÈres modifications À des rÈglements municipaux existants

COMMITTEE RECOMMENDATION

That Council approve minor amendments to address technical issues and policy clarifications as outlined in Document 1, for the following by-laws:

Animal Care and Control By-law By-law No. 2003-77

Licensing By-law By-law No. 2002-189

Noise By-law By-law No. 2004-253

Property Maintenance By-Law By-law No. 2005-208

Recommandation du comité

Que le Conseil municipal approuve de légères modifications aux règlements municipaux suivants, afin de résoudre des questions d’ordre technique et d’apporter des éclaircissements, comme le précise le Document 1.

Règlement sur le contrôle et le soin des animaux 77-2003

Règlement sur les permis de certaines entreprises 189-2002

Règlement sur le bruit 253-2004

Règlement sur l'entretien des propriétés 208-2005

Documentation

Deputy City Manager, Community and Protective Services report dated 12 January 2006 (ACS2006-CPS-BYL-0002).

Report to/Rapport au:

Emergency and Protective Services Committee/

Comite des services de protection et d’urgence

and Council / et au Conseil

12 January 2006 / le 12 janvier 2006

Submitted by/Soumis par : Steve Kanellakos,

Deputy City Manager/ Directeur municipal adjoint

Community and Protective Services/Services communautaires et de protection

Contact Person/Personne ressource : Susan Jones, Director

By-law Services/Directrice, Services des règlements municipaux

(613) 580-2424 x/poste 25536, susan.jones@ottawa.ca

Ref N°: ACS2006-CPS-BYL-0002

SUBJECT: MINOR AMENDMENTS TO EXISTING BY-LAWS

OBJET : LÉGÈRES MODIFICATIONS À DES RÈGLEMENTS MUNICIPAUX EXISTANTS

REPORT RECOMMENDATION

That Emergency and Protective Services Committee recommend Council approve minor amendments to address technical issues and policy clarifications as outlined in Document 1, for the following by-laws:

Animal Care and Control By-law By-law No. 2003-77

Licensing By-law By-law No. 2002-189

Noise By-law By-law No. 2004-253

Property Maintenance By-Law By-law No. 2005-208

RECOMMANDATION DU RAPPORT

Que le Comité des services de protection et d’urgence recommande au Conseil municipal d’approuver de légères modifications aux règlements municipaux suivants, afin de résoudre des questions d’ordre technique et d’apporter des éclaircissements, comme le précise le Document 1.

Règlement sur le contrôle et le soin des animaux 77-2003

Règlement sur les permis de certaines entreprises 189-2002

Règlement sur le bruit 253-2004

Règlement sur l'entretien des propriétés 208-2005

EXECUTIVE SUMMARY

Assumptions and Analysis:

Experience with the noted by-laws over time reveals the need to fix minor technical anomalies like typographical flaws and numbering sequences; and to make minor wording changes to a few provisions to ensure that their interpretation reflects Council’s intent. The purpose of the proposed changes is to rectify these matters so that they do not detract from the clarity of the by-laws when they are read or interpreted by members of the public or by City staff. The proposed modifications are not intended to impact on the intent of the by-laws as originally approved and enacted by Council.

Financial Implications:

There are no financial implications related to the recommendation.

Public Consultation/Input:

Mandatory notices appeared in the Ottawa Citizen, Le Droit and the Ottawa Sun on January 20 and 27, 2006. The notices advised the public of the availability of the report, and invited the public to provide input or attend the February 9, 2006 Emergency and Protective Services Committee meeting at which the recommendation will be considered. There were no comments related to the proposed changes.

RÉSUMÉ

Hypothèse et analyse :

L’application des règlements mentionnés plus haut a fait ressortir la nécessité d’en corriger certaines lacunes, notamment des coquilles et des erreurs de numérotation, et d’apporter de légères modifications au libellé de certaines dispositions, de façon que leur interprétation corresponde à l’intention du Conseil. Les modifications proposées ont donc pour but de clarifier les règlements afin que la population et le personnel de la Ville n’aient pas de difficulté à les comprendre ni à les interpréter. Ces modifications ne changeront pas l’esprit des règlements que le Conseil a sanctionnés et adoptés.

Répercussions financières :

La recommandation n’a pas de répercussions financières.

Consultation publique / commentaires :

Les avis obligatoires ont été publiés dans l’Ottawa Citizen, Le Droit et l’Ottawa Sun les 20 et 27 janvier 2006. Ces avis informaient la population de la disponibilité du rapport et l’invitaient à faire connaître son point de vue ou à assister à la réunion du 9 février 2006 du Comité des services de protection et d’urgence, au cours de laquelle la recommandation sera étudiée. Les modifications proposées n’ont suscité aucun commentaire.

DISCUSSION

By-laws require periodic review to ensure that regulations maintain their relevancy in time. Experience with the administration and enforcement of the by-laws over time has allowed staff to identify a number of technical anomalies, and to recommend that some wording be clarified to ensure the intended interpretation is observed.

The purpose of the proposed amendments is to correct minor technical flaws such as typographical, spelling and grammatical misconstructions; to correct numbering and lettering sequencing; and to amend wording to clarify the original intent of Council.

The proposed modifications are not meant to have any impact on the intent of a particular by-law as originally approved and enacted by Council. Where clarifications are proposed for interpretative reasons, the report’s Supporting Documentation provides both existing wording and proposed wording and provides an explanation as to why the change is deemed necessary and how the provision will be interpreted.

CONSULTATION

Given the administrative nature of the recommendation, public consultation was limited to the mandatory placement of notices of public meeting in Le Droit, the Ottawa Citizen and the Ottawa Sun on January 20th and January 27, 2006. The notices invite the general public to provide input and attend the Standing Committee of Council considering the proposed minor housekeeping amendments to a number of existing by-laws. No comments related to the recommendation were received.

FINANCIAL IMPLICATIONS

There are no financial implications related to the approval of the recommendation.

SUPPORTING DOCUMENTATION

Document 1 – Minor Amendments to Existing By-laws

DISPOSITION

Corporate Services Legal Services Branch in consultation with By-law Services to process the proposed amendments to Council for enactment.

DOCUMENT 1

MINOR AMENDMENTS TO EXISTING BY-LAWS

ANIMAL CARE AND CONTROL BY-LAW – By-law No. 2003-77

1) Revise the definition of “attack”, as it relates to dog attacks on persons or domestic animals.

Current

“attack” means an assault resulting in bleeding, bone breakage, sprains, or serious bruising

Proposed

“attack” means (a) an assault resulting in bleeding, bone breakage, sprains, scratches or bruising or, (b) aggressive behaviour resulting in physical contact and damage to clothing worn by the person or domestic animal, and “attacked” and “attacking” have a corresponding meaning.

Rationale

The term “scratches” has been added to address that form of injury, which can occur in dog attack incidents and cannot be addressed through the current wording resulting in the inability to lay a charge or issue a muzzle/leash order. The word “serious” has been deleted with respect to bruising injuries for consistency purposes as this adjective does not apply to other injuries (bleeding, bone breakage, sprains, scratches, breaking of the skin or puncture). With respect to (b), the amendment addresses situations in which a valid attack has occurred but, as a result of certain circumstances such as the presence of thick clothing on the victim, bleeding, bone breakage, sprains, scratches, bruising or a bite do not result. Such attacks are deemed inappropriate dog behaviour and warrant action for the protection of the public, including but, not limited to a muzzle and/or leash order.

LICENSING BY-LAW – By-law No. 2002-189

1) Proposed amendments to Definitions

“adult entertainment store”

Current wording

(b) any premises or part thereof in which the provision of either adult videos is incidental to the carrying on of a business not referred to in clause (a).

Proposed wording

(b) any premises or part thereof in which the provision of either or both adult videos or adult magazines is incidental to the carrying on of a business not referred to in clause (a).

Rationale

The proposed change is required to add the phrase in bold. This addition will ensure consistency in the definitions found in the General Provisions and the related Schedule.

“adult magazine”

Proposed amendment

“adult magazine” means any magazine the content of which is designed or held out as designed to appeal to erotic or sexual appetites or inclinations, through the pictorial, photographic or other graphic depiction of subject matter distinguished or characterized by the portrayal of one or more persons involved or engaging in specified sexual activity or by an emphasis on the display of a specified body part area”

Rationale

Replace the existing expression “specified body parts” with “specified body area” in this definition to be consistent with the expression “specified body area” which is also defined further in the definition section of the by-law.

“automobile service station”

Current wording

Means any premises where only minor or running repairs essential to the actual operation of motor vehicles are executed or gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, light bulbs, spark plugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled or greased or have their ignition adjusted, tires inflated or batteries charges;

Proposed wording

Means any premises where minor or running repairs essential to the actual operation of motor vehicles are offered for gain and may include oil and filter changes; lubrication; muffler, brakes, battery repairs or replacements; ignition adjustments or similar service; but does not include a retail establishment that offers the installation of motor vehicle accessories including but not limited to car alarms and sound systems, global positioning systems or remote control starters provided that the installation is incidental to the retail business;

Rationale

The intent of the proposed wording is to clarify that retail stores that only sell car accessories and retail stores that sell car accessories and offer provides for the installation of some car accessories to its client do not require a Public Garage licence. The public garage regulation is meant to capture establishments that conduct activities that are essential to the operation of a motor vehicle and that may create issues of a consumer protection, health and safety or nuisance nature.

“Chief License Inspector”

Replace the reference to “Emergency and Protective Services Department” where it appears in the definition with the expression “Community and Protective Services Department” to reflect the current administrative organization of the City.

“property standards requirement”

Current wording

“property standards requirement” means the property standards requirements set out in a Property Standards By-law of Old Municipality applicable to the geographic area in which the property is located, or any by-law enacted in substitution therefore;

Proposed amendment

“property standards requirement” means the property standards requirements set out in the Property Standards By-law Number 2005-207 and Property Maintenance By-law No. 2005-208 or any by-law enacted in substitution therefore;

Rationale

The proposed amendment simply reflect the most recent harmonized Property Standards By-laws of the City;

2) Amendments to provisions found in specific Schedules of the Licensing By-law

Schedule No. 3 - Relating to Public Garages

Add a provision to the Schedule to exempt a parking lot from the requirement to obtain a public garage licence when the parking lot is used or created for a special event where parking fees are charged and all the money collected goes to charitable organizations or non-profit organizations.

Proposed wording

Add a new Section to Schedule No. 3

EXEMPTION

11. (1) This by-law shall not apply to a parking lot operated by a charitable organization provided that all compensation received from the parking lot is intended to go to the charitable organization and the charitable organization has a Revenue Canada number.

(2) This by-law shall not apply to a parking lot operated by a not-for-profit organization provided that all compensation received from the parking lot goes to the not-for-profit organization and the not-for-profit organization is operated solely for the cultural or religious goals, civic improvement, recreation, amateur sport or similar community enhancement initiatives.

Rationale

At some “fundraising events” the organizers have charged for parking at or near the “event” grounds to raise money for a charitable cause. The regulations are meant to regulate “parking lots” that are open to the general public and operated for gain. Most “parking lots” used for fundraising purposes are likely already licensed. It should be noted that the proposed exemption does not constitute an approval related to requirements under other by-laws (ie. Zoning By-laws, special events) and will not result in a negative impact on the public.

Schedule No. 7 Relating to Food Premises

Provide exemption for: Soup Kitchens, residential live-in care services and similar charitable operations

Proposed wording

Add a new Section to Schedule 7 to provide for the exemptions.

EXEMPTION

11. A food premises licence shall not be required for eating establishments operated by charitable or not-for-profit organizations that provide meals for the homeless or for eating establishments in facilities providing residential care services that include meals.

Rationale

The above mentioned services are providing meals as part of an emergency service to the homeless or are providing meals as part of a residential care environment which provides assistance with the activities of daily living. In neither instance is it considered necessary to include these facilities in the business licensing programme as the food services provided are not available to the general public and continue to be subject to the regulations under the Health Protection and Promotion Act.

Schedule No. 10 Relating to Limousines

Amend Section 10 to prescribe exactly where the decal must be affixed. The change is indicated in bold

Proposed wording

10. Every licensee shall ensure that the decal furnished pursuant to Section 8 is affixed to the upper left side of the rear window of the limousine so as to be clearly visible from the outside of the vehicle for the duration of the license period.

Rationale

The current wording was not explicit and permitted the placement of the decal anywhere on the rear window of the limousine. The wording will ensure a consistent location for the decal and will facilitate inspection of the decal by By-law Officers.

Schedule No. 16 Relating to Exhibitions

Amend Section 2. (1) (e) of the Schedule which exempts certain types of trade shows from the requirement to obtain a licence to include trade shows dealing in cards and comic books.

Proposed wording

2. (1) (e) Coins, Stamps, Cards and Comic Books trade show;

Rationale

The current regulation exempts trade shows dealing in Coins and Stamps. By including “cards and comic book” trades shows we are recognizing that these trade shows are similar in nature to the coin and stamps shows and do not need to be regulated as there are no consumer protection or nuisance issues.

Schedule No. 17 Relating to Flea Markets

Amend Section 2. (1) (e) of the Schedule which exempts certain types of trade shows from the requirement to obtain a licence to include trade shows dealing in cards and comic books.

Proposed wording

2. (1) (e) Coins, Stamps, Cards and Comic Books trade show;

Rationale

NOISE BY-LAW – By-law Number 2004-253

1) Amend subsection 17(1) to correct a formatting error

Current wording

17(1) No person shall operate,

(a) refuse compacting equipment, or

(b) solid waste bulk lift equipment, between 2300 hours of one day and 0700 hours of the next day so as to make or cause noises that disturb, or tend to disturb, the inhabitants of the neighbourhood or persons in the vicinity.

Proposed wording

17(1) No person shall operate,

(a) refuse compacting equipment, or

(b) solid waste bulk lift equipment,

between 2300 hours of one day and 0700 hours of the next day so as to make or cause

noises that disturb, or tend to disturb, the inhabitants of the neighbourhood or persons in the vicinity.

Rationale

The current formatting for subsection 17(1) places the time restrictions in paragraph (b) of the subsection and it was intended that the time restrictions apply to both the refuse compacting equipment and the solid waste bulk lift equipment. The above wording will correct the formatting issue.

2) Amend Section 21(4) of the Noise By-law to reflect in original intent of the public consultation. Change shown in bold.

Proposed wording

21. (4) The provisions of this by-law shall not apply to snow clearing or snow removal activities for hire.

Rationale

The current wording of the exemption relates to noise created by “snow removal activities”. Although it was intended that snow removal include snow clearing, the Section could be interpreted to mean activities limited to snow removal only. It addition the provision as currently written limits the exemption to commercial snow removal activities only, it is appropriate that the exemption should apply equally to all property owners wishing to clear or remove snow from their property whether for hire or when doing the work themselves. The proposed wording is to reflect the original intent of the discussions at the time the harmonized noise by-law was approved by Council.

3) Amend subsection 24(2) to remove the reference to construction equipment and replace it with the intended reference to motor racing competitions.

Proposed amendment:

24(2) An application for exemption from the provisions of the noise by-law for motor racing competitions at temporary venues shall be made in writing to the Director of By-law Services at lease sixty (60) days prior to the commencement of the use of the construction equipment competition for which the exemption is sought and shall include the following……….

Rationale

The current wording in the by-law refers to the use of construction equipment rather than competition. The proposed change would make this subsection consistent with the remainder of the section which relates to motor racing competitions.

PROPERTY MAINTENANCE BY-LAW- By-law No. 2005-208

1) Amend the section number referenced in Section 10(1) under Offences and Penalties

Current 10. (1) Every person who fails to comply with a Notice sent pursuant to Section 4 is guilty of an offence.

Proposed 10. (1) Every person who fails to comply with a notice sent pursuant to Section 6 is guilty of an offence.

Rationale Section 6 is in fact the section under which the Notice is addressed, not Section 4. The amendment acts to correct this oversight.