port exotic animal bylaw under review: venomous snakes still in building on Charlotte Street

2008-02-29

Mark Tayti, The Tribune

The "venomous serpent" sign on the side of the Charlotte Street building is starting to fade but the problem isn't going away.

If you look through the heavy, iron-grid gate, there are several aquariums filled with rattlesnakes in full view. It's impossible to tell what other snakes live in the dark recesses of the brick building - but the public is starting to wonder what is going on at Dragon Farms.

The property has been on the local real estate market for about two years. The 110-square-metre structure with a 55-square-foot outbuilding is listed with Royal LePage for $139,900.

In recent days, the City of Port Colborne and Welland and District Humane Society have received complaints about the snake warehouse that sits a block from city hall.

"It's complicated," Ted Bettle, manager of the humane society, said this week, confirming there is an "ongoing investigation" with respect to the poisonous snakes housed in the building.

"I'm not at liberty to discuss it," Bettle said. "We've been working on this for the last five to six months."

Asked questions concerning public safety and animal cruelty, Bettle said this: "We're not concerned about public safety at this point, but the other (issue) is something we are working quite hard on. I'm not in a position to debate a course of action."

Bettle said the humane society has not been in the building or been in contact with the owner.

Bettle is currently working in co-operation with the city. His liaison is Peter Senese, in the municipality's corporate services division.

Bettle said snakes are not your average domestic pet and it would take an expert to determine the state of their health.

Julie Woodyer, campaign director for Zoocheck Canada, said the serpentarium's presence in downtown Port Colborne should be cause of great concern.

She visited Dragon Farms back when Port Colborne council was contemplating its exotic animal bylaw. Woodyer said Dragon Farms Inc., owned by Michael Baran, was one of the scariest places she has ever visited.

Woodyer said Zoocheck was in Port Colborne, when Dragon Farms opened, to argue against the bylaw.

She said there were all types of snakes - some of the most poisonous in the world - precariously stacked, one aquarium on top of another. "I go into a lot of scary places," she said. "The place was scary." She still questions why the municipality would allow "a big load of dangerous animals in the middle of town."

Woodyer said it would be difficult to determine the health of the snakes unless they were examined by a veterinarian who is also an expert in herpetology. Even then, she said, "These animals can't be handled because of the level of danger."

She provided The Tribune with a copy of a report prepared by Clifford Warwick in October 2000. Warwick, an expert in herpetology, has produced numerous published papers on "captive reptile behavioural problems" and "captivity stress."

Warwick visited Dragon Farms on Oct. 30, 2000, and was very concerned there was no antivenin treatments available.

He wrote: "It is my understanding that the proprietor, after having been bitten by a snake through a wire mesh cage lid, was himself very concerned for his safety and, having no appropriate onsite protocols and no local specialized medical arrangements, had requested (it may or may not have been dispatched) a helicopter to transfer him for necessary attention. This, in itself, represents a very poor demonstration of safety measures."

With respected to animal welfare, Warwick stated in the report: "The list of potentially negative consequences for snake health and welfare from poorly regulated temperatures is long and diverse. ... Consequently, the complete lack of thermal considerations is nothing less than serious ignorance or blatant neglect.

"Without wishing to appear dramatic, it is my firm view that conditions and protocols (and their deficiencies) at Dragon Farms clearly warrant the use of the common expression 'an accident waiting to happen,'" Warwick concluded. Senese said the city is trying to contact the owner and, to the best of his knowledge, it is still Michael Baran.

"We haven't been able to contact him," Senese said. "Basically, he has to open the door for us to get in the building."

Senese confirmed an e-mail had been sent to the city raising concerns about the building and its contents.

Senese has been told that "people do go in the building" periodically. "We do have an existing bylaw, but it is hard to say whether (the owner) is in compliance or not," Senese said. "We don't have the right to trespass into the building.

"It's difficult for us to make a determination (of conditions) by looking in the front window," Senese said. "This is not an easy thing - it's much more complicated than going in somebody's back yard to look at a dog."

As for the exotic animal bylaw originally passed by council, Senese said it is currently under review.

"We're revisiting the exotic animal bylaw," Senese said Thursday. "It's a slow process. We're working with a solicitor."

The goal of the bylaw review is to "get a better handle" on where the exotic animals are by "resurrecting the registration process." That would at least give the city valuable information about what type of animals are where.

Senese said the original bylaw was tied to a specific registration deadline and that date has passed.

"We have to start the process over," he said. "We're going to revamp the bylaw so it has more teeth."

Mayor Vance Badawey said the city is "between a rock and a hard place" when it comes to people who keep exotic animals in Port Colborne.

"When the bylaw was passed, the council of the day felt it was more responsible to regulate exotic animals instead of banning them. We felt it would be safer for the community. Is it working? That's a subjective question. We haven't had an incident."

Badawey said he doesn't want firefighters, paramedics or police being faced with the unknown.

"You can ban exotic animals all you want - the problem isn't going to go away. In regulating, we have found we have the ability to control. We need to have the tools in place to enforce anything that would compromise public safety or the safety of the animal."

Fire Chief Tom Cartwright, of Port Colborne Fire and Emergency Services, said he would "rather know than not know" if there are exotic animals in a building.

"We recognize that danger is inherent in the job we do," Cartwright said. "What we don't want is an unexpected element adding to that danger."

Cartwright said the decision to have or to not have an exotic animal bylaw is a "political decision."

He is confident such a decision will be made with input from all the various emergency service providers.

"From an emergency response perspective, it puts us in a difficult situation. There is no simple solution."

Zoocheck Canada provided The Tribune with two Toronto telephone numbers for Baran. One of the numbers is out of service. A message was left for Baran at the second telephone number Thursday but the call was not returned.