One of the exotic animals inside Debbie Grills’ store. City Council recently passed a responsible pet owners bylaw which has some animals banned from Oshawa homes.

By Lindsey Cole
The Oshawa Express

The donation jar sitting on the counter of D&D Exotics seems small, meager.
But it carries with it a significant purpose - one owner Debbie Grills fully intends to follow up on.
It reads, “donations for class action law suit animal bylaw,” and is the result of council passing the majority of the bylaw at the most recent council meeting.
More than five people stand in Grills’ store on Simcoe Street South and all of them are outraged with the amount of authority the bylaw gives enforcement officers, they say.
And it doesn’t just pertain to the exotic animals portion, which remains unchanged, therefore certain animals like boas are still a violation of the bylaw.
For the residents standing in D&D Exotics, it revolves around bylaw officers having the right to go on their property without a warrant.
“It’s an infringement of our human rights,” says Oshawa resident Cynthia, who didn’t want her last name used.

“It’s scary. Just because they are suspicious they can go on my property. I’m so upset. What rights do they have? It’s going to be out of control.”
Grills says she thinks council quickly passed the bylaw without taking into consideration what it could mean to pet owners.
“They can’t continue to take my rights. We need to band together as a city and say enough is enough,” she explains, adding the proposed fines are also too high.
Her concerns come from discussions about the proposed bylaw and what animals should be allowed and what shouldn’t and have since escalated to what rights pet owners have when an enforcement officer comes on their property.
Currently the responsible pet owners bylaw, once called the animal control bylaw, prohibits multiple animals, but where most exotic pet owners are concerned, it deals with reptiles and arachnids. While the list of animals includes elephants, whales and a variety of unlikely pets, to the exotic pet lover, some of the animals listed are what they long to own. Pythons, boas, tarantulas, gila monsters, bearded dragons, monitors, pigs, sugar gliders and chinchillas were just some of the animals that concerned citizens want to see removed from the list of prohibited animals.

The bylaw originally states that owners of prohibited animals would have 90 days to get rid of them. It also states that anyone who is in violation of any of the bylaw’s stipulations, which also includes provisions about dogs and cats, could face stiff fines.
“We still can’t have the boas or pythons. No marsupials. It’s a grey area with no clarification,” she says, adding she hopes the consultative committee that was promised actually comes to fruition.
“We’ve been fighting with this to get the committee formed.”
The other issue revolves around fines. Initially the bylaw reads, “Each person who contravenes any provision of the bylaw is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $5,000; not less than $400 and not more than $10,000 for a second conviction of the same offence; and not less than $500 and not more than $25,000 for a third or subsequent conviction of the same offence.”
These are far too steep, Grills adds.
She and a number of residents are ready to file a class action lawsuit against the city because the bylaw has far too many holes in it and infringes human rights, she says.
Currently there are more than 30 signatures on a list inside the store of those in support.
Part of the problem with the bylaw, according to these residents, is the ability to create orders as well as the ability to use progressive fines, administrative penalties, and the ability to investigate matters by going onto a person’s property once a complaint is made.
However, it isn’t that simple, says Jerry Conlin, the city’s director of municipal law enforcement and licensing services.
“If the city has a complaint we can inspect the property,” he says.
“We can’t go inside a vehicle. We can’t go inside a house without a warrant or the consent of the occupant. We can still inspect the property.”
But Conlin adds they usually try and contact the occupant.
Council did refer three items from the bylaw to the Finance and Administration Committee for further consultation. They have to do with animal control orders as well as fines – in particular the portions pertaining to the higher amounts for repeat offenders.
And when it comes to the bylaw, things may change after the committee is formed, Conlin adds.
“The bylaw could change,” he says.
The committee plus the three pulled items are slated to be reviewed by staff and the Finance and Administration Committee on Thursday, March 4.