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THE CORPORATION OF THE
TOWNSHIP OF ADELAIDE METCALFE
BY-LAW NUMBER No. 44 of 2023
BEING A BY-LAW TO REGULATE AND GOVERN ANIMALS, INCLUDING EXOTIC
ANIMALS WITHIN THE TOWNSHIP OF ADELAIDE METCALFE
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal Acf') provides
that a municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising the authority under the Act;
WHEREAS Section 11 of the Municipal Act as amended provides that a lower-tier municipality
may pass by-laws respecting the health, safety and well-being of persons;
AND WHEREAS Section 11 of the Municipal Act, S.O. 2001, c.25, provides that lower-tier
municipalities may pass by-laws respecting animals;
AND WHEREAS the Municipal Act confers the power upon a municipality to pass a By-law to
provide for the seizure and impounding of animals being at large or trespassing and the sale of
impounded animals under certain conditions;
AND WHEREAS Section 103( 1) of the Municipal Act, provides specifically that a By-law may
provide for the impounding of animals;
AND WHEREAS Section 425 of the Municipal Act, establishes that any person who
contravenes any By-law of the municipality is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act provides that a municipality may establish a
system of fines for offences under a By-law of the municipality; and
NOW THEREFORE the Council of the Corporation of the Township of Adelaide Metcalfe enacts
as follows, and deems it necessary to repeal By-law #26-2016 and 36-2009.
1.
SHORT TITLE
SECTION 1
SHORT TITLE
This By-law may be cited as the Township of Adelaide Metcalfe "Animal Control By-law"
or "By-law"
2.
DEFINITIONS
In this By-law:
SECTION 2
DEFINITIONS
2.. 1
"Aggressive Dog" - means a dog which, in the opinion of the Municipality, Clerk,
Council, By-law Enforcement Officer, or their designate, has demonstrated
excessive and/or unprovoked aggression, or is of a threatening disposition.
2-.2
"Animal Control Officer" - means an individual or association appointed by
Adelaide Metcalfe Council enforcing Animal Control in the Township.
2.3
"Animal" - means any living organism belonging to the animal kingdom, excluding
humans, and encompasses a variety of creatures, such as reptiles, arachnids,
domestic animals (including canines and felines), domestic fowl, animals raised
for commercial purposes, Livestock Guardian Dogs, animals kept for hobbies (e.g.,
breeding, showing, or sporting), household pets, exotic animals, livestock,
pigeons, wild animals, and birds.
2A
"Assistance Dog" - means a guide dog within the meaning of the Blind Persons'
Rights Act, a hearing ear dog, where a certificate is produced from a recognized
training establishment stating the dog is being used as a hearing assistance dog,
a working dog, where a certificate is produced from a recognized establishment
stating that the dog is being used as a working dog to assist a disabled person; is
used for search and rescue or law enforcement; or is a member of Therapeutic
Paws of Canada.
2.5
"Bite" - means the breaking, puncturing or bruising of the skin of a person or a
domestic animal caused by the tooth or teeth of a dog.
2.6
"By-law Enforcement Officer" or "Officer" - means a person appointed by the
Township of Adelaide Metcalfe for enforcing the provisions of this By-law or a
Police Officer.
2.7
"Certificate of Registration" - means a certificate of registration issued by an
association incorporated under the Animal Pedigree Act, R.S.C., for an animal of
a distinct breed or issued by the Canadian Kennel Club, American Kennel Club or
by the United Kennel Club.
2.8
"Competent Person" - means a person having the strength and capacity to
securely control a dog so as to not permit or allow unwanted contact with another
person or animal.
2.9
"Council" - means the Council of the Corporation of the Township of Adelaide
Metcalfe.
2.10
"Dog" - means a canine of the species can is farniliaris and includes both male
and female of the species.
2.11
Dog Owners' Liability Act - means the Dog Owners' Liability Act, R.S.O. 1990,
Chapter D.16, as amended or replaced.
2.12
"Domestic Cat" - means a feline which would customarily share human habitat
and which would normally be considered dependent on humans for food and
shelter. Shall not include a feline considered to be wild or indigenous to a species
which would normally be considered to be wild.
2.13
"Domestic Fowl" - means any feathered vertebrate animal living in or near the
habitations of humans and not being wild; shall include, but not be limited to hens,
chickens, ducks, geese, turkeys but shall not include pigeons, song birds or
vertebrates commonly kept as domestic pets such as parrots, budgies, cockatiels.
2.14
"Household pet" - means a domestic animal that is taken into the care of one or
more persons for the purpose of personal enjoyment or protection which normally
spends time in the dwelling unit of the owner and shall include but not be limited
to caged birds, caged rodents or rabbits, cats, dogs, tropical fish and non-
poisonous indigenous reptiles but shall not include livestock or any animal listed
as a prohibited animal in this By-law.
2.15
"Impound" - means to confiscate, confine, hold or take possession.
2.16
"Livestock Guardian Dog" - means a dog that is specifically trained to work
and/or live with domestic farm animals (i.e. cattle, sheep, etc.) without causing
them harm while aggressively repelling predators and is used exclusively for that
purpose.
2.17
"Ontario SPCA" - means the Ontario Society for the Prevention of Cruelty to
Animals as defined in the Ontario Society for Prevention of Cruelty to Animals Act,
R.S.O. 1990, c 0.63, as amended;
2.18
"Off Leash Dog Recreational Area" - means a specific confined area designated
by Council, from time to time, where a dog owner is permitted to allow his or her
dog to run at large, and is not required to leash such dog.
2.19
"Municipality" - means the Corporation of Township of Adelaide Metcalfe.
2.20
"New Registration Fee" - means a fee charged by the Municipality for a dog or
cat tag where such dog or cat has not previously been registered by the current
owner in the Municipality.
2.21
"Owner" - means any person who owns, possesses, harbours or has custody of
an animal and, where the owner is a minor, the person responsible for the custody
of the minor. Shall also include a person who is temporarily the keeper of the
animal.
2.22
"Physically Disabled Person" - means a person with any degree of physical
disability, infirmity, malformation or disfigurement that is caused by bodily injury,
birth defect or illness and, without limiting the generality of the forgoing, includes a
brain injury, any degree or paralysis, amputation, lack of physical co-ordination,
blindness or visual impediment, or physical reliance on a dog guide or other animal
or in a wheelchair or other remedial appliance or device including but not limited
to crutches or braces.
2.23
"Person" - includes an individual or individuals, or a corporation and the heirs,
executors, administrators or other legal representatives of a person to whom the
context can apply according to law, and for the purpose of this By-law also includes
any person whose name appears as the registered owner of the subject animal,
any person who harbours, keeps, has charge of, possesses or is an owner of the
subject animal, the registered owner or occupant of the property where the subject
animal is being kept or harboured, and where the person is a minor, the person
or persons responsible for the custody of the minor.
2.24
"Pet Shop" -
means an establishment lawfully engaged in the retail sale of
animals.
2.25
"Physically Restrained by Any Person" - means when used in reference to
dogs shall mean held securely by the said person on a leash not exceeding 3
metres in length, or confined to a cage, kennel or the interior of a vehicle from
which the dog cannot escape, providing that such confinement is under the
direction or supervision of either the registered owner, a person designated by the
registered owner, a peace officer or Municipal Law Enforcement Officer and
provided that the dog is not by reason of such confinement in apparent physical
distress or exposed to the risk of imminent physical harm.
2.26
"Pound" - means premises that are used for the confinement, maintenance or
disposal of animals that have been impounded pursuant to this By-law.
2.27
"Pound Keeper" -
means such person, service or agency designated or
appointed to maintain and administer the premises and facilities operated as a
pound.
2.28
"Premises" - includes the lands and structures on a separately assessed parcel
of land but does not include a multiple dwelling.
2.29
"Proof" - means documentation signed by a qualified veterinarian attesting to the
age and breed of the animal together with vaccination history, the name and
address of the qualified veterinarian administering such medical services and the
dates such services were administered, all documentation submitted shall be to
the satisfaction of the Municipality.
2.30
"Purebred Dog" - means a dog recognized as purebred of a distinct breed, by
the Canadian Kennel Club, or by the American Kennel Club, or by the United
Kennel Club or by any other association incorporated under the Animal Pedigree
Act, R.S. ,1985, c. 8.
2.31
"Register" or "Registration" - means to register and license your dog pursuant
to the requirements in this By-law.
2.32
"Registered Owner" - means the person whose name appears on the animal
license.
2.33
"Residential Dwelling Unit" or "Dwelling Unit" - means a suite of rooms used
or intended to be used as a housekeeping unit by one or more persons and usually
containing cooking, eating, living, sleeping and sanitary facilities.
2.34
"Running at Large" or "Dog at Large" - means to be found or to have been
found, not physically restrained by any person, in any place other than the
premises of the registered owner or the person that owns the animal, unless found
in any area designated as an off leash area by the Municipality, while under the
direct supervision of the registered owner or a person designated by the registered
Owner.
2.35
"Service Dog" - means a dog that has been certified by a nationally recognized
organization or association in providing assistance to a person by means of,
guiding, hearing or providing the necessary emotional therapy to a person with a
disability or impairment.
2.36
"Service Animal" - means an animal trained to do work or perform tasks for the
benefit of an individual with a disability including, but not limited to, those with visual
or hearing impairment and having the qualifications prescribed by the regulations
made under the Human Rights Code, R.S.O. 1990c. H.19, the Blind Persons'
Rights Act, R.S.O. 1990, c. 8. 7. and/or the Accessibility for Ontarians with
Disabilities Act, S. 0. 2005, C. 11;
2.37
"Society" - means the Ontario Society for the Prevention of Cruelty to Animals.
SECTION 3
KEEPING OF ANIMALS
3.
Every Person or animal Owner must ensure that the animal under their care is treated in
a humane manner, which encompasses the following provisions:
a. Providing the animal with adequate shelter that effectively protects it from exposure
to the elements,
b. Providing the animal with shelter that is appropriate in size and design, taking into
consideration the animal's breed and physical requirements.
c. Ensuring the animal has a sufficient and easily accessible supply of potable water.
d. Supplying the animal with food that meets its nutritional requirements in terms of
type and quantity.
e. If it is customary to keep a dog or cat outdoors, the Person owning such an animal
is obligated to provide a structurally sound and weather-proof enclosure with off-the-
ground flooring at all times.
f.
Requiring every Person who owns an unspayed female dog to confine the dog
during each heat cycle to prevent attracting other dogs.
g. Prohibiting the tethering of dogs on chains, ropes, or similar restraining devices that
are shorter than 3.5 meters in length within the boundaries of the Municipality.
h. Prohibiting any Person or Owner from subjecting an animal to unsanitary living
conditions.
_SECTION 4
LICENSING OF DOGS
4.1
Every Person or Owner of a dog over the age of sixteen (16) weeks shall license the
animal with the Municipality and shall obtain a licence and tag for the animal.
4.2
Every Person or Owner of a dog over the age of sixteen weeks is required to license the
animal with the Municipality and obtain a corresponding licence and tag.
4.3
At the time of licensing, the Owner must ensure that the rabies vaccination for the animal
is up to date and maintained throughout the licence term.
4.4
Upon licensing the animal, every Person or Owner of a dog must pay a licence fee to the
Municipality, as specified in the Municipality's Fees and Charges By-law.
4.5
Once the licence fee is paid, the Owner must securely affix the tag provided by the
Municipality on the dog or cat at all times,
4.6
No Person or Owner shall attach or allow the attachment of a tag issued by or on behalf
of the Municipality to any dog or cat other than the specific animal for which the tag was
issued.
4.7
Each tag shall bear an identification number, and the Clerk of the Municipality or a
designated person shall maintain a record containing the Owner's name, address, and
other relevant information, along with the tag's identification number.
4.8
The Municipality reserves the right to refuse the issuance of a dog licence to any person
found to be in violation of this By-law.
4.9
Only the Owner or their agent is authorized to remove a tag from a dog.
4.10
In the event that a dog or registration tag is lost, the Owner must promptly apply to the
Municipality, pay a replacement fee as determined by the fees established in the
Municipality's Fees By-law, and provide any required information upon request.
4.11
Livestock Guardian Dogs are subject to licensing and follow the same process as dogs
or cats, including payment of the corresponding fee. Additionally, the Owner must
provide the Municipality with the farm's name, lot and concession number of the farm
location, and a valid Farm Business Registration Number. The Municipality may exercise
discretion in accepting this information or requiring further details from the Owner.
4.12
The following situations are exempt from the requirements stated in section 4:
a. Puppies kept with the mother for a period of ninety (90) days following birth are
not required to be licensed.
b. Dogs kept under a respite program sponsored by the Ontario SPCA or an
Affiliated Society, as defined in the Ontario Society for the Prevention of Cruelty
to Animals Act, R.S.O. 1990, c 0.63, as amended, are not required to be
licensed, provided the dog is microchipped.
c, Assistance dogs must be licensed as per this section but are exempt from dog
license fees, replacement dog tag fees, or administration fees upon presenting
satisfactory proof to the Municipality that the dog qualifies as an Assistance Dog,
as defined in this By-law.
SECTION 5
NUMBER OF DOGS
5.1
No Owner shall store or house more than three (3) dogs in any residential dwelling unit
or any structure used for residential, commercial, industrial, or institutional purposes
within the Municipality.
5.2
The following situations are exempt from the requirement stated in section 5.1:
a. The operation of a licensed kennel dedicated to breeding or boarding Animals
under the provisions of the applicable Municipal By-laws and Zoning By-law.
b. An animal hospital owned and operated by a veterinarian licensed by the Ontario
Veterinarian Association.
c. Pet stores in conformity with Zoning requirements of the Municipality.
d. Licensed Shelters or Pounds
e. Puppies may be kept with the mother for a maximum period of ninety (90) days
following birth without being subject to the limitation in Section 5.1.
t
Livestock Guardian Dogs - to be exempt from the limitation on owning more than
three (3) dogs, the Owner must provide the Municipality with proof of permitted
domestic farm animals on their property, along with a valid Farm Business
Registration Number. The Municipality may use its discretion in granting
permission to the Owner for keeping more than three (3) dogs in such cases. If
the Municipality approves the Owner to have Livestock Guardian Dogs, the
maximum limit shall be six (6) dogs unless the Owner can provide compelling
reasons for needing a greater number. The Municipality retains sole discretion in
approving such requests.
SECTION 6
NUMBER OF DOMESTIC CATS
6.1
No Person or Owner shall keep or house more than four (4) cats in any residential
dwelling unit, or any structure used for residential, commercial, industrial or institutional
purposes, or on any residential premises within the Municipality.
6.2
Exemptions to section 6.1 above:
a. The operation of a licensed kennel dedicated to breeding or boarding Animals
under the provisions of the applicable Municipal By-Laws and Zoning By-Law.
b. Animal hospitals owned and operated by veterinarians licensed by the Ontario
Veterinarian Association .
c. Pet stores in conformity with Zoning requirements of the Municipality.
d. Licensed Shelter or Pounds
e. Cats kept on lands zoned agricultural and used for agricultural operations, as
defined in the Farming and Food Production Protection Act, 1998, S.O. 1998,
c. 1.
f_ The fostering of one (1) adult cat and up to nine (9) kittens under the age of
twelve (12) weeks is permitted as part of a program sponsored by the Ontario
SPCA or an Affiliated Society, as defined in the Ontario Society for the
Prevention of Cruelty to Animals Act, R.S.O. 1990, c 0 .63, as amended or
replaced. The cats must receive appropriate vaccinations based on their age
and shall not be allowed to roam freely.
g_ Cats may be kept in a kennel that has received approval in accordance with
and operates in compliance with the Municipality's Zoning By-law.
h. The use of agriculturally zoned lands for keeping cats is permitted, provided
that the number of cats or specific details related to them do not infringe upon
the regulations outlined in the Municipality's Zoning By-law.
SECTION 7
CONTROL OF DOGS AND CATS
7.
General Control Provisions:
7.1
No Person or Owner shall knowingly or unknowingly allow a dog or cat to roam
freely within the limits of the Municipality. A dog or cat shall be considered
running at large when found outside the Owner's property and not under the
control of any person.
7.2
Any Person has the authority to take custody of any dog or cat found running at
large and must promptly deliver the dog or cat to an Animal Control Officer,
Pound, Shelter, veterinary office, or Officer.
7.3
This section does not grant any Person the right to enter private premises.
7.4
A By-law Enforcement Officer, Pound Keeper or Animal Control Officer is
authorized to seize and impound any dog or cat if found running at large.
7.5
A dog shall not be deemed to be running at large when present within a
designated leash-free area established by the Municipality.
7 .6
A dog shall be considered not under verbal control of the Owner in a leash-free
area if it attacks or bites a person or another animal or fails to comply with the
Owner's verbal commands.
7. 7
No Owner shall knowingly or unknowingly allow their dog or cat to attack or bite
a person or domestic animal.
7.8
Every Owner must keep their dog or cat leashed and under the control of a
responsible person when off the Owner's property, unless the person owning
the land grants prior consent
7 .10
No Person or Owner shall permit their dog or cat to dig holes or destroy
vegetation on any property other than their own.
7 .11
No Person or Owner shall permit their dog or cat to enter areas designated for
public water activities, including splash pads, areas designated for wading,
bathing, swimming, or adjacent beaches.
7 .12
Leash Free Areas:
7.13
A pit bull, if permitted under the Dog Owners Liability Act, shall be leashed and
muzzled at all times when in the Municipality.
7.14
Every Person or Owner of a dog, in a leash free area, shall ensure that their dog
is under verbal control and within visual sight at all times
7.15
No Person or Owner shall have in their control, care or possession more than
three (3) dogs while in a leash free area. No Owner or Person, in a leash free
area, shall leave their dog unattended.
7.16
Every Person or Owner of a dog, in a leash free area, shall immediately leash
their dog if it shows aggressive behaviour towards any person or other domestic
animal.
7.17
Every Person or Owner of a dog, in a leash free area, shall be at least 18 years
of age and capable of controlling the dog.
7.18
Every Person or Owner or any person attending a leash free area does so at
their own risk.
SECTION 8
SEIZING AND IMPOUNDING ANIMALS
8. 1
A By-law Enforcement Officer, Pound Keeper, or Animal Control Officer is authorized to
seize and impound any dog or cat found running at large, attacking another animal or
person, posing a threat to itself, anyone, or any property, or in any other reasonable
circumstance. In such situations, the By-law Enforcement Officer or Animal Control
Officer shall deliver the animal to a shelter, Pound, Pound Keeper, Veterinary Office, or
any other suitable establishment.
8.2
It is the duty of the By-law Law Enforcement Officer, Animal Control Officer, or other duly
appointed officer to impound or detain all dogs or cats found running at large in
accordance with this Animal Control By-law. The Officer shall:
a.
Return the dog or cat to the Owner, if the Owner is known; or
b.
Impound the dog or cat, allowing the Owner the right to redeem the dog
or cat.
8.3
To restore possession of a dog or cat to the Owner, the following conditions must be
met:
a.
The Owner claims possession of the dog or cat;
b.
The Owner pays an impoundment fee for each day or part thereof that the
dog or cat was impounded;
c.
The dog or cat is registered under Section 4 of this By-law;
d.
The Owner pays the Municipality for any necessary veterinary care
received by the dog or cat while in possession of the By-law Enforcement
Officer for the well-being of the animal; and
e·.
The Owner pays the shelter for any necessary veterinary care received
by the dog or cat while impounded for the well-being of the animal.
6.4
If, on the sixth day (excluding Sundays and statutory holidays) following the seizure and
impounding, possession of the dog or cat has not been restored to the Owner under
Section 8 of this By-law, the Animal Control Officer, Pound Keeper, Pound, or shelter
staff may:
a.
Sell or give away the dog or cat; or
b.
Euthanize the dog or cat in a humane manner. No damages or
compensation shall be sought or awarded in relation to the disposition or
destruction of the animal.
8.5
If a seized and impounded dog or cat is injured or requires immediate euthanasia for
humane reasons or for the safety of persons or animals, the Animal Control Officer, its
agents, or shelter staff may euthanize the dog or cat in a humane manner as soon as
deemed appropriate after seizure. No person shall claim possession of the dog or cat,
and no damages or compensation shall be sought or awarded for its destruction.
8.6
If the shelter, Pound or Municipality determines it necessary to euthanize a dog or cat
under the provisions of Section of this By-law, every effort shall be made to contact the
Owner and allow the Owner to transfer the animal, at the Owner's sole expense, to a
veterinarian's office.
8.7
Where a By-law Enforcement Officer, Animal Control Officer or other duly appointed
officer impounds or detains a dog or cat found running at large in violation of this By-law,
and the Owner of the animal is known, and the animal does not pose a threat to itself,
anyone else, any other animal, or any property, the officer may, at their sole discretion,
return the dog to the Owner. In such cases, an Animal Control Services Fee may be
issued to the Owner, payable within seven (7) days of the dog's return. Failure to pay the
fee will result in it becoming a debt owed by the Owner, collectible under the debt
provisions of the Municipal Act.
8.8
Where a By-Law Enforcement Officer, Animal Control Officer or other duly appointed
officer impounds or detains an animal pursuant to any Section of this By-Law, any and
all costs, including the Municipality's administrative costs and fees associated with the
capture, pounding and care of the animal shall be fully (100%) paid by the owner of the
animal. Without limiting the above, any failure to pay the associated costs of the
capture, pounding and care of the animal, including administrative costs, the Municipality
reserves the right to add said associated costs and expenses to the tax roll of the animal
Owner and collect the debt for such expenses in a like manner as municipal taxes, as
set out in the Municipal Act.
SECTION 9
PITBULLS
9.1
No Person shall own a pit bull unless the pit bull meets the requirements of a restricted
pit bull as defined in the Dog Owners' Liability Act.
9.2
The provisions of Section 9 of this By-law will remain in effect until such time as the
sections or regulations of the Dog Owners' Liability Act that impose restrictions or
prohibitions on the ownership or control of pit bulls are repealed or amended. This
revised wording clarifies that owning a pit bull is subject to meeting the requirements of a
restricted pit bull as defined in the Dog Owners' Liability Act. It also specifies that the
provisions of Section 9 will continue to be enforced until any relevant sections or
regulations in the Dog Owners' Liability Act. are changed or removed.
SECTION 10
PROHIBITED EXOTIC ANIMALS
10.1
No Person or Owner shall own, harbour, possess, keep, sell, or offer for sale any animal
listed below as a pet or for any other purpose or for any period of time:
a. All marsupials (such as kangaroos and opossums)
b. All non-human primates (such as gorillas and monkeys)
c. AU felids (such as lions and tigers), except for the domestic cat
d, All canids (such as wolves and hybrids), except for the domestic dog
e. All viverrids (such as mongoose, civets, and genets)
f. All mustelids (such as skunks, weasels, otters, and badgers), except the domestic
ferret
g. All ursids (bears)
h. All artiodactylous ungulates (such as domestic goats, sheep, pigs, and cattle)
i.
All procyonids (such as raccoons, coatis, and cacomistles)
j.
All hyenas
k. All pinnipeds (such as seals, fur seals, and walruses)
I.
All snakes of the families Pythonidae and Boidae
m. All venomous reptiles
n. All ratite birds (such as ostriches, emus, rheas, cassowaries)
o. All diurnal and nocturnal raptors (such as eagles, hawks, and owls)
p. All edentates (such as anteaters, sloths, and armadillos)
q. All bats
r. All crocodilians (such as alligators and crocodiles)
s. All arachnids (such as tarantulas)
t.
All galliformes (such as grouse, pheasants, turkeys)
u. All anseriformes (such as ducks, geese, swans)
v. All sciuridae (such as prairie dogs, giant squirrels, and flying squirrels)
w. All perissodactylus ungulates (such as horses and zebras)
x. All elephants
y. Any other exotic animal not specified above or animal recognized as "alternate
livestock" by the Ontario Ministry of Agriculture and Food or "farmed animal" as
recognized by the Ministry of Natural Resources and Forestry.
10.2
Exceptions to Prohibition: Notwithstanding Section 10.1 (a-y), the exotic animal
prohibition shall not apply to the following:
a. Circuses;
b. Premises operated by the Ontario Society for the Prevention of Cruelty to Animals;
c. Veterinary hospitals under the control of a licensed veterinarian;
d. Individuals holding a license under any statute of the Legislature of Ontario or the
Government of Canada, permitting the keeping of animals under specified
conditions;
e. Animals being displayed or exhibited for a set period of time in a Municipally
sanctioned event, operated in accordance with all applicable Municipal By-laws; or
f_
Premises of an Institution of Education where animals are kept for research, study,
or teaching purposes, or on premises registered as Research Facilities under the
Animals for Research Act, R.S.O. 1990, A.22, as amended;
SECTION 11
GENERAL PROVISIONS AND PROHIBITIONS
11 .1
No Person shall keep any fox(es) within the limits of the Municipality.
11 .2
No Person shall keep any mink within the limits of the Municipality.
11.3
No Person shall keep any domestic fowl, as defined by this Animal Control By-law, on
any residential lot or in any residential dwelling unit within the Municipality.
11.4
Notwithstanding the provisions of section 11.3 above, any Person may keep any number
of domestic fowl on any lot in any area within the Municipality that is zoned as
Agricultural or Industrial.
11 .5
No Person shall keep any cattle, goats, sheep, or swine within the limits of the
Municipality, unless it's permitted under the Municipality's Zoning By-law.
11.6
No Person shall keep more than twelve (12) rabbits, with no more than two (2) over the
age of six (6) months, within any residential lot or in any residential dwelling unit within
the Municipality.
11 .7
Domestic animals, excluding dogs, cats, and domestic fowl as defined by this By-law,
must be contained within the Owner's property using fencing or other reasonable
methods, including pens and flight cages, to ensure neighboring properties are not
disturbed or hindered from enjoying their property.
11 .8
No Person shall fail to obtain a license for a kennel in accordance with the applicable
Municipal By-law.
11.9
No Person shall fail to promptly and hygienically remove and dispose of dog excrement
left by a dog in their possession, anywhere within the Municipality, except when the
excrement is left by an assistance dog during the performance of its duties.
11 .10 No Person shall fail to take reasonable precautions to prevent a dog from biting,
attacking a person or domestic animal, or behaving in a manner that poses a menace to
the safety of persons or domestic animals.
11.11 Except as provided in this By-law, no Person shall keep or permit to be kept more than
four (4) of any one species of household pet at any premises, unless such keeping is in
compliance with the Municipality's Zoning By-law.
11 .12 No Person shall permit a dog to bark continuously and excessively at any time, causing
disturbance to the quality of life of residents in the Municipality. However, if the
Municipality deems a dog(s) to be a Livestock Guardian Dog actively engaged in its
duties, it shall be exempt from this section, provided that the dog(s) does not
unreasonably bark and cause a disturbance.
11 .13 The prohibition on owning prohibited animals, as stated in this By-law, does not apply to
the following agricultural exemptions contained in section 11 .14 below. Animals may be
kept on land that satisfies the following conditions: a) the land is zoned for agricultural
use in accordance with the Municipality's Zoning By-law; and b) the land is lawfully
utilized for agricultural purposes permitted on such land.
11 .14 The agricultural exemptions include, but are not limited to, the following animals:
a. Horse
b. Zebra
C.
Donkey
d. Pony
e. Mule
f.
Cow or Steer
g. Goat
h. Swine
i.
Mink
j.
Fox
k. Sheep
I.
Chinchilla
m. Chicken
n. Turkey
0. Peafowl
p. Emu
q. Grouse
r.
Pheasant
S. Duck
t.
Geese
u. Swan
v. Guinea Hen
w. Any other domestic farm animal.
SECTION 12
ANIMAL EXEMPTIONS
12.1
Notwithstanding the provisions outlined in this By-law, an Owner may be permitted to
keep prohibited animal(s) subject to compliance with the following conditions:
a. The prohibited animal was already present on a property within the Municipality prior
to the adoption of this By-law, and the Owner has previously registered the
prohibited animal(s) at the Municipality's office, and the Municipality has already
approved the animal.
SECTION 13
ENFORCEMENT AND PENAL TIES
13.1
Any Police Officer, By-law Enforcement Officer or Animal Control Officer is hereby
authorized to enforce the provisions of this By-law.
13.2
Every Person or Owner shall allow any Officer to conduct inspections of the premises
where their animal(s) are kept or to make necessary inquiries to ensure compliance with
the provisions of this By-law.
13.3
Any Person or Owner who contravenes any provision of this By-law commits an offence
under the Provincial Offences Act, R.S.O 1990, c P.33, as amended or replaced. Upon
conviction, they may be liable for a penalty not exceeding $5,000, exclusive of costs.
SECTION 14
SEVERABILITY
14.1
If any section, clause or provision of this Animal Control By-law be held by a Court of
competent jurisdiction to be invalid, in whole or in part, the validity of the remainder of
that section, clause or provision and the validity of the remainder of this Animal Control
By-law shall not be affected thereby. Each section, clause or provision of this Animal
Control By-law are hereby deemed to be separate and distinct sections, clauses or
provisions.
SECTION 15
CHANGES IN STATUTES
15.1
Where an Act or any portion of any Act is referred to in this By-law, such reference shall
be interpreted as referring to any subsequently renumbered sections of the Act and/or
changes to the date of the Act and/or amendments or revisions to the Act or re-
enactments of the Act or any legislation that replaces the Act.
SECTION 16
EFFECTIVE DA TE
16.1
This Animal Control By-law comes into full force and effect on the date of passage of this
By-law.
SECTION 17
INCONSISTENCY
17.1
If any other By-law of the Municipality is inconsistent with the sections, clauses or
provisions herein, the sections, clauses or provisions of this Animal Control By-law shall
prevail to the extent of such inconsistency. If this section 17 is applied to any other By-
law, all other sections, clauses or provisions of that By-law shall remain in full force and
effect.
SECTION 18
REPEAL
18.1 This Animal Control By-law shall come into force on the date of its passing, and By-law 26
of 2016 and By-Law 36 of 2009 shall be repealed on the date of the passing of this By-
law.
Read a first, second and third time
IN OPEN COUNCIL
This 17th day of July, 2023.
Suect#!: