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Posted: March 23, 2012 at 9:10 am   /   by   /   comments (2)

Kennel owner says County must justify its fees. Until then he refuses to pay them

Ken Campbell is barking mad at the County of Prince Edward. Campbell owns Winstead Dogs, a kennel that offers training and boarding. He says the County is forcing him to decide between what he calls an unlawful inspection of his business or its closure.

Campbell’s County trouble is not new. It started when he first opened the kennel and was asked to pay the $350 licence fee. He didn’t agree, and instead demanded to know why he should pay the County to run a private business on private property, without using any County service.

That is, except for the services of the bylaw enforcement officer. In order to receive a kennel licence, the County’s animal control officer needs to ensure the property is properly prepared per the extensive, 12-point section of the canine control bylaw.

Last year, Campbell made a deputation to County council, bringing concerns about the wording of the bylaw, and in November it was revised. Last week, Campbell returned, still not happy. He had received a notice of inspection from the canine control officer.

Offered three dates in March to choose from, Campbell also learned that if he did not agree to an inspection, he would not receive the licence he had paid for, and could no longer legally operate his kennel.

Campbell brought three questions to council.

His first question was a request to justify the charge, usually reserved for businesses that require a service or use of public property from the municipality. Winstead Dogs, he argued, was a privately owned business run on private property.

Campbell speculated in his written deputation that the charge was for the inspection, and was merely a way to justify having a canine control officer on the payroll.

The second question was about the inspection itself. Campbell wondered why his business, hosting dogs, was subject to an inspection while B&Bs were not.

His third question called into question the canine control laws written by the County. Campbell claimed they were bastardizing or misquoting the Municipal Act, which is the reference guide for all Ontario municipalities when creating bylaws.

Mayor Peter Mertens said that he doesn’t know if Campbell is right or wrong, but his deputation was referred to staff to investigate.

“He has a kennel where he trains dogs, and under one of our bylaws we require a kennel to have a licence, which he was supposed to apply for and pay a fee for,” said Mertens. “He disagrees with that, and he’s disagreed with that all along. He believes that he shouldn’t pay a fee he believes that we don’t have the right to look at his facility in terms of where he keeps dogs.”

Campbell was disappointed to see the deputation referred to staff. He had requested that council avoid that and address the issue itself. There was no word on whether the inspection would be stayed, and Campbell didn’t comment on whether he would allow the inspection to proceed.

 

 

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  • March 27, 2012 at 3:04 pm David Norman

    I noticed in the headline for this article that the “n” is missing from “then”… coincidentally I just received a Tax notice from the County addressed to David orma. This “N” thing has become epidemic. Where will it e d?

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  • March 24, 2012 at 7:30 pm Janice Hanthorn

    What will stop the County from imposing a license fee and inspection on each and every business in the County? If this is allowed to happen, and the County is looking for cash, YOUR business could be next.
    They are inspecting for lights, water, plumbing and heating etc….do they really think it was removed the day after the last inspection??? Absolutely ridiculous was of time and money. An initial inspection for a new start-up is acceptable, which was done and accepted when this business opened. It is not necessary year after year.

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