Committee Shoots Down Falcons From Being Kept
By Robert Thomas
You can add falcons - birds of prey - to backyard chickens as two types of birds which will not be receiving an exemption to be kept in Moose Jaw.
At their most recent Executive Meeting the six Council committee members present voted 4 - 2 to grant an exemption to Bylaw 5432 - The Keeping Of Animals Bylaw.
The vote was taken after Moose Jaw resident Brandon Kobelsky requested an exemption to the prohibited animal list to keep birds of prey in the city for his sport of falconry.
Under Bylaw 5432 there is a snakes den worth of animals strictly forbidden in the city ranging from ducks, geese, chickens right up to seals and elephants. See the list below.
Kolbesky appeared before Executive Committee to plead his case for the exemption.
He told the committee he was previously involved in falconry in Mossbank and now that he resides in Moose Jaw he wanted to get back into the sport and hobby.
“You are not allowed to have birds here. I’m not sure what is the reason,” he told the committee.
Kolbesky said although he was hoping to keep a bird of prey in the city there was no intention to take it out flying and hunting in Moose Jaw.
In a report prepared by Administration advising against the exemption a major reason given to not allow the exemption was falcons were birds of prey and might kill other smaller pets. Plus harass people and pets.
“…some raptors may attack very small dogs or cats, and, though they can live in tight spaces, the birds remain territorial. If they feel harassed, they have an aggressive defense mechanism, will dive-bom people or pets and have the capability to cause harm,” the report from Administration read.
Kobelsky said he had no intentions of allowing his birds freedom to fly and hunt within the city. The reason he wanted to be able to keep birds of prey in the city was for ready and convenient access.
“I’m just hopeful I can keep it here so I can monitor its wellbeing and everything so I can hunt with it or what not.”
Committee Questions
Mayor Clive Tolley was concerned about the falcons preying on birds owned by the local pigeon fanciers club.
Kobelsky said he could not see his hawk (bird of prey) causing any problems to pigeon fanciers because he was only keeping his bird in the city.
Any hunting would be outside the city on farmer’s land with permission. The prey being hunted would be gophers and rabbits.
“I would not be interrupting those birds or having anything to do with my birds of prey,”
The committee was told by Kobelsky that he would either trap a red tail hawk or take a eyas (baby chick).
The expected life span of the red tail hawk in captivity was 10 - 15 years he said.
Councillor Crystal Froese asked Kobelsky “what happens if you don’t want be a falconer any longer. What happens?”
“I would release it,” he said.
Councillor Froese was told that the responsibility to inspect the falconer and the bird’s provided habitat was inspected on an annual basis by a conservation officer.
Later in discussion said she opposed the application because “we don’t have the resources in the city to look after this if there is a problem.”
She based her decision on a renegade beekeeper on south hill and how it took two years for the province to do anything about it when there were problems.
Previously she had supported the bylaw allowing the keeping of honey bees in the city so long as certain rules and regulations were adhered to.
Precedent Setting Concerns - The Elephant In The Room
City solicitor Andrew Svenson advised Executive Committee to not approve the exemption as it did set a precedent which could potentially have other would be prohibited animal lovers requesting similar treatment.
Svenson described it as “…an exception that may set a precedent for other animals that have unintended consequences (for other animals). We’re hesitant to recommend any approval of the application.”
Councillor Doug Blanc asked if the exemption could lead to other animals being granted an exemption.
“I think it is accurate as soon as you start making exemptions what do you base it off of and what do you open the door to…yes, it’s very precedent setting,” Svenson replied.
Councillors Spar
Councillor Dawn Luhning said given Svenson’s comments she could not support the exemption.
“Because of what Mr Svenson said in regards to setting precedent I will move the motion will be treated as an application (under the bylaw),” Councillor Luhning said.
“I think it is precedent setting so I’m moving the motion as recommended by Administration,” she said.
Councillor Dawn Luhning moved the motion to deny the exemption - MJ Independent file photo
Councillor Kim Robinson asked when did the bylaw come into effect as he knew of two people who were engaged in falconry in the city in the past.
Councillor Robinson felt that falconry should be given a pass as it was not just keeping an animal but a sport.
“This is a bit of an exception it’s an animal kept for sport. It’s contained, it’s never alone or sported in the city,” Councillor Robinson said, adding falconry could actually save birds that are set to be “killed by a farmer for raiding his chicken coop.”
He went on to state that not approving the exemption left Council at risk of being asked to expand the list of prohibited animals.
“In my opinion do we leave ourselves open (if) a councillor had a dog, a pit bull and we said it’s too much of a risk having a pit bull. Does that play a part,” Councillor Robinson asked.
Councillor Kim Robinson supported granting the exemption - City of Moose Jaw photo
“There’s a chance of any animal you keep having unintended consequences,” he said.
Councillor Robinson said he had a cat but he did not think “it’s the cat owner’s intent to have a cat go and dig up the neighbour’s flower beds.”
“In my opinion falconry is more managed then someone with a cat or a pet canine ”
It should be noted a few years back there were calls to ban all pit bulls from the city after a dog allegedly attacked people on numerous occasions.
Councillor Luhning’s dog is a pit bull.
Mayor Would Like To See Bylaw Reviewed
Mayor Clive Tolley said the entire bylaw should be reviewed as it “is more of a sport in other countries.”
The Mayor said he would like to see the bylaw reviewed as falconry may be something people immigrating to Moose Jaw May be culturally involved in.
“I do think we should give some thought to expanding the bylaw if other people come and ask that are part of their culture,” he said.
In the end Executive Committee voted 4 - 2 to deny the exemption.
Councillors Blanc and Robinson supported the exemption.
Mayor Tolley, Councillors Eby, Froese and Luhning were opposed.
Councillor Jamey Logan appeared electronically and since there was no verbal indication as to how he voted MJ Independent’s policy is to error on the side of caution and not count the vote.
EDITOR’S NOTE - Yes years ago a former Council was asked to exempt chickens from the bylaw - a request which was denied.