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The Corporation
of the Town of Aurora
By-law
Number
61 97-1 9
Being a By-law
to regulate
various
matters
relating
to the keeping,
licensing
and controlling
of animals
in the Town of Aurora.
Whereas
section 11 of the Municipal
Act, 2001, s.o. 2001, c. 25, as amended
(the
"Municipal
Act"), authorizes
The Corporation
of the Town of Aurora (the "Town")
to
enact by-laws respecting
animals,
which includes
domestic
animals
such as dogs or
cats;
And whereas
section 103 of the Municipal
Act authorizes
the Town, through
the
passage
of a by-law, to seize, impound,
and sell animals
that are trespassing
or at
large;
And whereas
section 151 of the Municipal
Act provides
that a municipality
may license,
regulate
and govern any business,
wholly or partly carried on within that municipality;
even if the business
is being carried on from a location outside
the municipality;
And whereas
section 391 of the Municipal
Act authorizes
the Town to impose fees or
charges
for services
or activities
provided
or done by or on behalf of the Town and for
use of the Town's property;
Now therefore
the Council
of The Corporation
of the Town of Aurora
hereby
enacts
as follows:
Part l: Definitions
and Interpretation
1.
Definitions
1.1
In this by-law, the following
words have the following
meanings:
(a)
"adult"
means a person who has attained
the age of eighteen
years;
(b)
"animal"
means any member
of the animal kingdom,
other than a human;
(c)
"Animal
Services
Officer"
means:
(i)
any Municipal
Law Enforcement
Officer or Property
Standards
Officer
appointed
by the Town;
(ii)
any police officer; and
(iii)
any person or corporation
contracting
with the Town to control dogs,
cats or other animals,
and any servants
or agents of such person or
corporation;
(d)
"at large" means an animal found in any place, other than the lands,
premises
or a vehicle of the animal owner or person keeping
such animal
while:
(i)
the animal is not leashed,
or
(ii)
the animal is leashed
and no person has the leash in hand;
(e)
"attack"
means an act of aggression
towards
a person or domestic
animal;
By-law
Number
6197-19
Page 2 of 20
(f)
"bite" means any contact
with an animal's
teeth that causes
puncturing
of
the skin of a human or a domestic
animal;
(g)
"Clerk"
means the Town Clerk of the Town as appointed
by by-law;
(h)
"Dangerous
Act" means any bite, attack or a combination
thereof;
"Dangerous
Dog" means a dog that has been determined
to be a
dangerous
dog pursuant
to section 14, which determination
has not been
otherwise
rescinded
pursuant
to this by-law;
(j)
"Dangerous
Dog Order"
means an order to comply
with the
requirements
for owners of a Dangerous
Dog pursuant
to section 14 of
this by-law;
(k)
"Director"
means the Director
for the Town overseeing
the Bylaw
Services
Division or his or her designate;
"domestic
animal"
means a dog or a cat kept by a person;
(m)
"dwelling
unit" means a room or suite of two (2) or more rooms designed
or intended
for residential
use by a person or persons
in which culinary
and sanitary
conveniences
are provided
for the exclusive
use of such
person or persons,
and having a private entrance
from outside
or from a
common
hallway
or stairway;
(n)
"Foster
Animal"
means a dog, a cat, a litter of puppies
that originate
from
the same female dog or a litter of kittens that originate
from the same
female cat that is owned, kept, cared for, possessed
or harboured
by a
person as part of a foster care program
administrated
by a Municipal
Pound, registered
rescue group or a registered
humane
society;
(o)
"Guide
Dog" means a guide dog as defined in section 1 of the Blind
Persons'
Rights Act, R.S.0. 1990, c. B.7, as amended
or successor
legislation
thereto;
(p)
"impound"
means to seize and take legal custody
of an animal by an
Animal Services
Officer because
of an infringement
of a law or regulation
or at the direction
of emergency
personal;
(q)
"keep"
means to have temporary
or permanent
control, possession
or
ownership
of an animal, and "keeping"
has the same meaning;
(r)
"kennel"
means a shelter
for a dog or cat or an establishment
for the
breeding
or boarding
of dogs or cats;
(s)
"Law Enforcement
Dog" means a dog trained to assist law enforcement
officers and used by such officers in the execution
of their duties;
"leash"
shall mean a suitable restraining
device physically
connecting
an
animal to a natural person (human being) that is at all times no more than
three (3) meters or 9.84 feet in length, and the word "leashed"
has a
similar meaning;
(u)
"license"
means a license issued pursuant
to this by-law in the form of an
identification
tag issued by the Town, or a designate;
By-law
Number
6197-19
Page 3 of 20
(V)
"lot"
means a property,
lot or parcel of land described
in a deed or other
document
legally capable
of conveying
land or shown as a lot or block on
a registered
plan of subdivision;
(w)
"Manager"
means the Manager
of Bylaw Services
for the Town or his/her
designate;
(x)
"Medical
Officer"
means the Medical Officer
of Health for the Region of
York or his/her designate;
(y)
"microchip"
means an encoded
identification
device, which is compliant
with any applicable
standards,
implanted
into a dog or cat, which contains
a unique code that permits or facilitates
access to an owner's
name and
address,
which is stored in a central data base;
(z)
"Municipal
Act" means the MunicipalAct,
2001, s.o. 2001, c.25, as
amended
or successor
legislation
thereto;
(aa)
"Municipality"
or "Municipalities"
means, separately
or collectively,
the
municipalities
of The Corporation
of the Town of Aurora, The Corporation
of the Town of Newmarket,
and The Corporation
of the Town of Georgina;
(bb)
"Municipal
Pound"
means a shelter or place, operated
by a Municipality,
where stray, lost, abandoned
or surrendered
animals
are kept;
(cc)
"muzzle"
a humane
fastening
or covering
device that is strong enough
and well fitted enough to prevent
the dog from biting without
interfering
with the breathing,
panting or vision of the dog or with the dog's ability to
drink, and "muzzling"
has a similar meaning;
(dd)
"Notice
to Muzzle"
means a notice containing
muzzling
requirements,
pursuant
to section 13 of this by-law;
(ee)
"owner"
means any person who possesses
or harbours
or attends
to the
shelter, care or feeding
of an animal and, where the owner is a minor,
includes
the person responsible
for the custody
of the minor, and "owns"
and "owned"
have similar meaning
with respect
to an animal;
(ff)
"person"
includes
an individual,
a corporation,
association
and a
partnership;
(gg)
"Pet Retailer"
means a business
establishment
that carries on the
business
of:
(i)
transferring
ownership
of animals,
and/or
(ii)
providing
goods and services
for animals;
(hh)
"private
property"
shall include property
owned by a person other than
the municipality
or other government
agency
but shall not include a
property
jointly owned as part of a condominium
or co-operative;
(ii)
"property
owner"
means any legal registered
owner of a property, or a
lot, or any occupier
of a property;
By-law
Number
6197-19
Page 4 of 20
"Service
Animal"
means an animal that is required
by a person with a
disability
for assistance
and is certified,
in writing, as having been trained
by a professional
service animal institution
to assist a person with a
disability;
(kk)
"seize"
means take possession
and control of any animal or thing for the
purposes
of enforcing
this by-law;
(II)
"temperature"
means the temperature
as issued by Environment
Canada;
(mm)
"tether"
means a rope or chain or similar restraining
device that is not
connected
to a person, that prevents
an animal from moving beyond a
localized
area, and the words "tethered"
or "tethering"
have a similar
meaning;
(nn)
"Town"
means The Corporation
of the Town of Aurora;
(oo)
"Training
Order"
means an order containing
training
requirements,
pursuant
to section 5 of this by-law;
(pp)
"vehicle"
means a motor vehicle, trailer, traction engine, farm tractor,
road-building
machine,
bicycle and any vehicle
drawn, propelled
or driven
by any kind of power, including
muscular
power, but does not include a
bus, streetcar
or train used for public transportation;
(qq)
"zone"
means a zone under to the Zoning By-law;
(rr)
"Zoning
By-law"
means The Zoning By-law of the Town of Aurora, as
amended
or successor
thereof.
1.2
In this by-law, any references
to care, control, ownership,
harbouring
or keeping
of an animal shall include any joint or shared care, control, ownership,
harbouring
and keeping.
Any persons
that have joint or shared care, control, ownership
of,
or are sharing or jointly harbouring
or keeping,
an animal, shall be jointly and
severally
responsible
and liable for any such animal and any duties, obligations,
prohibitions,
offences
and requirements
of a person caring, controlling,
owning,
harbouring
or keeping
an animal pursuant
to this by-law.
Interpretation
and Application
of this By-law
2.1
The part and section headings
contained
throughout
this document
are for
reference
purposes
only and do not form a pan of this by-law. This by-law is to
be interpreted
without reference
to such headings.
2.2
This by-law does not apply to Law Enforcement
Dogs and the persons
who have
care and control of Law Enforcement
Dogs as part of their law enforcement
duties.
Administration
of this By-law
3.1
TheDirectorisresponsiblefortheadministrationofthisby-lawandisdelegated
the authority
to receive applications
and any fees established
under this by-law.
The Director
is also authorized
to issue, refuse to issue or revoke any licenses,
permits
or tags, including
imposing
conditions
thereto, in accordance
with this by-
law.
By-law
Number
6197-19
Page 5 of 20
3.2
The Director,
Manager
and Animal Services
Officers
of the Town are hereby
delegated
the authority
to enforce
this by-law, including
the authority
to conduct
inspections
pursuant
to this by-law, the Municipal
Act, as amended,
and any
other enacted
applicable
by-law or legislation.
3.3
The Director
is authorized
to delegate
the powers and responsibilities
for the
administration
and enforcement
of this by-law to any Town staff or external
third
parties deemed
to be qualified
and appropriate
by the Director
for such purposes.
3.4
Any written warning
or order pursuant
to this by-law, Training
Order, Notice to
Muzzle, or a Dangerous
Dog Order may be served by:
(a)
hand delivery
to the person, or the owner of the animal, subject
to such
warning,
order or notice, which shall be effective
upon service, or
(b)
prepaid registered
mail to the last known address
of the person, or the owner
of the animal, subject
to such warning,
order or notice, which shall be
deemed
to be effective
on the fifth (5th) day after the date of mailing.
Part II: Care of Animals
4.
Protective
Care of Domestic
Animals
4.1
The Town may receive or impound
domestic
animals
into protective
care for up
to five (5) calendar
days at a Municipal
Pound as a result of an incarceration,
or
as a result of a fire or medical
emergency,
or for any other situation
that the
Manager
or an Animal Services
Officer deems appropriate.
4.2
No person shall allow a domestic
animal to remain in a vehicle unless:
(a)
the domestic
animal is secured
in a manner
that prevents
contact
between
the domestic
animal and any member
of the public;
(b)
the domestic
animal has suitable
ventilation;
and
(c)
the domestic
animal is not exposed
to temperatures
which can cause
distress
and/or death.
Part Ill: Responsibilities
of Dog Owners
5.
Training
Order
5. 1
Where an Animal Services
Officer
has reasonable
grounds
to believe that a dog
may engage in an aggressive
act, based on history of behaviour
of the dog or
behaviour
that has been witnessed
by the Animal Services
Officer or behaviour
that been reported
to the Animal Services
Officer by a witness,
an Animal
Services
Officer may issue an order requiring
such dog to receive training
in a
form and in a timeline
as set out by the Animal Services
Officer.
5.2
Where training
has been ordered pursuant
to subsection
5.1, the owner of such a
dog shall provide proof of compliance
with the Training
Order to the Town within
the timeline
set out in the Training
Order.
6.
Registration
and Licensing
6.1
Everyownerofadogwhichistwelve(12)weeksofageoroJder,shall:
By-law
Number
6197-19
Page 6 of 20
(a)
annually
and within seven (7) days of becoming
an owner, cause the dog
to be registered,
described
and licensed
with the Town pursuant
to this by-
law;
(b)
complete an application
for a license or for the renewal of a license on the
forms provided
by the Town;
(c)
unless engaged
in permitted
hunting, securely
affix on the collar of the
dog, the dog tag issued by the Town or its representatives;
and
(d)
pay the annual license fee set out in the attached
Schedule
"A" and, in the
event that a dog tag is lost, obtain a replacement
tag for the applicable
fee
set out in the attached
Schedule
"A".
6.2
A new resident
of the Town of Aurora shall not be required
to pay a license fee
for a dog if the license for said dog has already
been obtained
for the current
year from another
municipality
to which he or she has previously
been a resident,
providing
such license is forfeited
to the Town or its representatives
and payment
is made for the cost of a replacement
dog tag at the fee set out in the attached
Schedule
"A"
6.3
No person shall:
(a)
own, keep, possess
or harbour
a dog or allow a dog to be owned,
possessed
or harboured
on his or her premises,
unless the license fee,
required
by this by-law, has been paid in accordance
with the attached
Schedule
"A";
(b)
own, keep, possess
or harbour
a dog unless a valid dog tag issued to
such person pursuant
to this by-law is kept securely
fastened
to the dog at
all times, unless exempted
by 6.1 (c) of this by-law;
(c)
affix a dog tag issued pursuant
to this by-law to a dog other than the dog
for which the dog tag has been issued; and
(d)
knowingly
give false information
when applying
for a license under this by-
law.
6.4
Notwithstanding
the above, the provisions
set out under subsections
6.1, 6.2,
and 6.3 shall not apply to Foster Animals
that are owned, cared for, kept,
possessed
or harboured
by a person for a period of no more than six (6) months
from the time of first taking ownership,
care, keeping,
possession
or harbouring
of such a Foster Animal, provided
that such person is able to produce
documentation
to substantiate
the details of the foster care program.
6.5
Where a dog or dogs are kept, possessed
or harboured
in or at one dwelling
unit,
they shall be deemed
to be owned by the adult person residing
at that dwelling
unit. Where there is more than one adult person residing
in a dwelling
unit, for
the purposes
of this by-law, all such adult persons
shall be deemed
to jointly own
any dogs in such a dwelling
unit and shall be jointly and severally
responsible
for
such dogs and any license fee(s) as set forth in the attached
Schedule
"A".
6.6
All licenses
and tags issued pursuant
to this by-law shall be serially
numbered
and a record of their issue shall be kept by the Town. Such registration
shall, at a
By-law
Number
6197-19
Page 7 of 20
minimum,
set out the name and address
of the owner, the name of the dog and
may contain such other information
as may be required
by the Manager.
6.7
Every license for a dog issued hereunder
is personal
to the owner thereof
and
may not be assigned
or transferred.
Dogs at Large
7.1
No person keeping
a dog shall allow the dog to be at large within the
geographical
boundaries
of the Town of Aurora, unless such dog is confined
to a
leash-free
park or zone approved
or designated
by the Town.
7.2
No person shall permit a dog to enter or to be located in any leash-free
park or
zone approved
or designated
by the Town unless such a dog is licensed
pursuant
to this by-law or licensed
pursuant
to a municipal
animal licensing
program
of another
municipality
in Ontario.
7.3
Unless otherwise
permitted
by Town policy, other by-laws
or any legislation,
no
person keeping
a dog shall atlow the dog, other than a Guide Dog or a Service
Animal, to be in or on Town property
or Town facilities
where posted signs
prohibit
such activity or such prohibition
is communicated
by Town staff in
another
manner.
Number
of Dogs Restricted
8.1
No person shall have care or control of more than three (3) dogs at any time,
unless permitted
by a Dog Walker
License.
8.2
No property
owner shall keep, possess
or harbour
or permit to be kept,
possessed
or harboured
more than three (3) dogs within or about any dwelling
unit unless any dogs in addition
to the three (3) in the care or control of the
property
owner of the dwelling
unit in which the dogs are located are
accompanied
by an owner who does not reside at the dwelling
unit.
8.3
Notwithstanding
the above, a person may take ownership,
care, control or keep,
possess
or harbour
one (1 ) dog above the limit of three (3) set out in subsections
8.1 and 8.2 provided
that:
(a)
such additional
dog is acting as a Guide Dog or Service
Animal of such a
person,
(b)
such additional
dog was obtained
or taken into ownership
by the person
while such person already
owned three (3) other dogs that are licensed
and registered
pursuant
to section 6, and
(c)
the dogs that were taken into ownership,
and licensed
and registered,
prior
to the Guide Dog or Service
Animal, continue
to be living and being
licensed
pursuant
to this by-law.
In the case that any of the dogs that were owned, and licenced
and registered,
prior to the taking of ownership
of the Guide Dog or Service
Animal, decease
or
cease to be licenced
under this by-law, while the Guide Dog or Service Animal is
still in the ownership,
custody,
keeping
or control of the person, the exception
under this subsection
will permanently
cease to apply with respect
to such a
Guide Dog or Service Animal for such a person.
By-law
Number
6197-19
Page 8 of 20
8.4
Notwithstanding
the above, a person may take ownership,
care, control or keep,
possess
or harbour
(1 ) one Foster Animal in addition
to the limit of three (3) set
out in subsections
8.1 and 8.2 provided
that:
(a)
the person is able to produce
documentation
to the Town to substantiate
the details of the foster care program
with regards
to such a Foster
Animal, and
(b)
such Foster Animal does not stay in the ownership,
care, control, keeping,
possession
or harbouring
of the person for a period of more than six (6)
months
from the time of first taking ownership,
care, control, keeping,
possession
or harbouring
of such a Foster Animal.
8.5
No person shall:
(a)
permit to enter at any one-time
more than three (3) dogs into,
(b)
permit a dog that is subject to a Dangerous
Dog Order of any Municipality
to enter, or
(c)
have care or control at any one-time
of more than three (3) dogs in,
any leash-free
park or zone approved
or designated
by the Town.
8.6
Notwithstanding
the above, restrictions
on the number
of dogs set out under
subsections
8.1 and 8.2 shall not apply when such dogs are at:
(a)
a veterinary
hospital,
clinic, office or veterinary
service lawfully
operated
and supervised
by a veterinarian
licensed
to practice
in Ontario;
(b)
premises
registered
as a research
facility in accordance
with the Animals
For Research
Act, R.S.O. 1990, c. A.22, as amended,
or any successor
legislation
thereto;
(c)
a kennel licensed
by the Town in accordance
with the Town's
Licensing
By-law; and
(d)
facilities
that provide animal services
that are legally operated
on premises
where the Zoning By-law permits such uses, such as Pet Retailers,
pet
shops, obedience
schools, and animal daycare,
grooming
or spa facilities.
Stoop
and Scoop
9.1
A person who owns or keeps a dog shall not permit any excrement deposited by
such dog to remain on land or premises
owned by the Town or on land or
premises
owned by any person, and a person keeping or owning such dog shall
remove such excrement.
10.
Seizure
and Impounding
of Dogs
10.1
AnAnimalServicesOfficermayimpoundanydogfoundtobeatlarge.
51.
Return
of Impounded
Dog to Owner
11.1
Within twenty-four
(24) hours of the seizure or impounding
of a dog, every
reasonable
effort shall be made by Animal Services
Officers
to notify the owner,
By-law
Number
61 97-19
Page 9 of 20
if known, that the dog is impounded
and the conditions
whereby
custody
of the
dog may be reclaimed.
Part IV: Dog Bites and Attacks
12.
Prohibition
12. 1
No owner or person keeping
a dog shall permit his or her dog to attack, bite or
engage in a fight with any person, domestic
animal or any other animal that is
kept or used as a pet by any person.
13.
Notice
to Muzzle
13.1
WhereanownerisservedwithaNoticetoMuzzle,theownershall:
(a)
while on the property
of the owner, cause the dog subject
to the Notice to
Muzzle to be tethered
or confined
by a six (6) foot fence in a way that
prevents
the dog from going beyond the limits of the owner's
property
or
being accidentally
or intentionally
released;
and
(b)
whenever
off the property
of the owner, cause the dog subject
to the
Notice to Muzzle to be muzzled
and leashed,
and the owner shall not
permit such a dog to be left in the control of a person under the age of
sixteen (16).
14.
Dangerous
Dog Order
14.1
Every owner of a dog shall exercise
reasonable
precautions
to prevent
the dog
from engaging
in a Dangerous
Act.
14.2
Without
limiting anything
in this by-law, an owner of a dog that engages
in a
Dangerous
Act is liable to prosecution
under the Dog Owners'
Liability
Act,
R.S.0. 1990, c. D.16, as amended.
14.3
Where the Manager
has reasonable
grounds
to believe that a dog has engaged
in a Dangerous
Act against
a person or domestic
animal, the Manager
shall, with
respect
to such a dog:
(a)
where the Dangerous
Act is the first on record with a Municipality,
serve
the owner of the subject
dog with a Notice to Muzzle;
(b)
despite paragraph
(a), if it is the Manager's
opinion that the Dangerous
Act, which is the first on record with a
Municipality,
is severe, serve the
owner of the dog with a Dangerous
Dog Order, requiring
the subject
dog
to comply
with the requirements
for owners of a Dangerous
Dog under
subsection
14.4 of this by-law;
(c)
where the Dangerous
Act is the second or a subsequent
Dangerous
Act
on record with a Municipality,
serve the owner of the dog with a
Dangerous
Dog Order, requiring
the subject dog to comply
with the
requirements
for owners of a Dangerous
Dog under subsection
14.4 of
this by-law;
(d)
where the Dangerous
Act occurred
while the dog was the subject
of a
Notice to Muzzle or a control order under the Dog Owners
Liability
Act,
serve the owner of the dog with a Dangerous
Dog Order, requiring
the
By-law
Number
6197-19
Page 10 of 20
subject dog to comply
with the requirements
for owners
of a Dangerous
Dog under subsection
5 4.4 of this by-law.
14.4
Where an owner is served with a Dangerous
Dog Order, the owner shall, at the
owner's
expense
and for the life of the subject dog, ensure that:
(a)
the Dangerous
Dog is muzzled
at all times when off the owner's
property;
(b)
the Dangerous
Dog is not permitted
to enter, at any time, into any leash-
free park or zone approved
or designated
by the Town;
(c)
a Dangerous
Dog tag is purchased
from the Town within ten (10) days of
the order being served on the owner for the fee specified
in Schedule
"A"
of this by-law and that the Dangerous
Dog wears the Dangerous
Dog tag
provided
by the Town at all times;
(d)
awarningsignispostedontheowner'sprivatepropertywithinfifteen(15)
days of the order being served on the owner in the form and location as
required
by the Director;
(e)
the Dangerous
Dog owner information
is current, and the owner shall
notify the Town in writing if the dog is transferred
to another
person within
(5) days of the change
of ownership;
(f)
the Dangerous
Dog is microchipped
within thirty (30) days of the order
being served on the owner;
(g)
the Dangerous
Dog is spayed or neutered
within thirty (30) days of the
order being served on the owner;
(h)
arrangements
are made with the Town to enable the Town to collect
information
about the subject
dog within thirty (30) days of the order being
served on the owner; and
(i)
the applicable
Dangerous
Dog license fee is paid with respect
to licensing
of the subject dog.
14.5
In addition
to subsection
14.4, where an owner is served with a Dangerous
Dog
Order, the Director
may require the dog subject
to the order to receive training
in
a form and in a timeline
as required
by the Director.
14.6
An owner shall provide proof of compliance,
to the satisfaction
of the Director,
of
achieving
compliance
with paragraphs
(d) and (f) of subsection
14.4 and, if
applicable,
with subsection
14.5.
15.
Appeal
15. 1
Where the owner of a dog is served with a Training
Order, Notice to Muzzle or a
Dangerous
Dog Order, the owner may request a hearing before the Aurora
Appeal Tribunal
by delivering
a notice to the Clerk in accordance
with the
provisions
of the Aurora Appeal Tribunal
By-law within fifteen (15) calendar
days
of deemed
receipt of the Training
Order, Notice to Muzzle, or the Dangerous
Dog
Order.
By-law
Number
6197-19
Page ll of 20
15.2
A request for a hearing under subsection
15. 1 does not act as a stay of the
requirements
under a Training
Order, Notice to Muzzle, or a Dangerous
Dog
Order.
15.3
Upon receipt of a notice to appeal a Training
Order, Notice to Muzzle, or a
Dangerous
Dog Order pursuant
to subsection
15.1, the request shall be
processed
and handled
in accordance
with the Aurora Appeal Tribunal
By-law.
15.4
After a hearing of an appeal regarding
a Training
Order, Notice to Muzzle or a
Dangerous
Dog Order, the Tribunal
may:
(a)
confirm the notice or order;
(b)
rescind the notice or order, releasing
the owner from having to comply
with
the requirements
of the notice or the order; or
(c)
place additional vary or substitute with its own, any requirements that
were placed upon an animal subject
to such a notice or order.
15.5
In deciding
an appeal of a Training
Order, Notice to Muzzle, or a Dangerous
Dog
Order, the Tribunal
may consider
whether
the subject
dog was acting in self-
defence
when the Dangerous
Act leading to the order occurred.
15.6
Subject
to the provisions
of the Aurora Appeal Tribunal
By-law, if a request
for a
hearing is not provided
to the Town Clerk in accordance
with the provisions
of
the Aurora Appeal Tribunal
By-law within fifteen (15) calendar
days of deemed
receipt of a Training
Order, Notice to Muzzle, or a Dangerous
Dog Order, such a
Training
Order, Notice to Muzzle, or a Dangerous
Dog Order is deemed
to be
final.
16.
Noise
No person shall keep, own, possess,
harbour
any dog in the Town which makes
or causes noises, repetitive
or persistent
barking, or howling that disturbs
or is
likely to disturb the quiet, rest, enjoyment,
or comfort
of any person in the vicinity
or neighbourhood.
Part V: Cats
17.
Registration
and Licensing
17.1
Everyownerofacatwhichistwelve(12)weeksofageandolder,shall:
(a)
annually
and within seven (7) days of becoming
an owner, cause the cat
to be registered,
described
and licensed
with the Town pursuant
to this by-
law;
(b)
complete
an application
for a license or for the renewal
of a license on the
forms provided
by the Town;
(c)
securely
affix on the collar of the cat, the cat tag issued by the Town or its
representatives;
and
(d)
pay the annual license fee set out in Schedule
"A" hereto and, in the event
that a cat tag is lost, obtain a replacement
tag for the applicable
fee set
out in Schedule
"A" hereto.
By-law
Number
6197-19
Page 12 of 20
17.2
A new resident
of the Town shall not be required
to pay a license fee for a cat if
the license for said cat has already
been obtained
for the current
year from
another
municipality
to which he or she has previously
been a resident,
providing
such license is forfeited
to the Town or its representatives
and payment
is made
for the cost of a replacement
tag at the fee set out in Schedule
"A" hereto.
17.3
No person shall:
(a)
own, keep, possess
or harbour
a cat in the Town of Aurora, or allow a cat
to be owned, kept, possessed
or harboured
on his or her premises,
unless
the license fee, required
by this by-law, has been paid in accordance
with
Schedule
"A" hereto;
(b)
own, keep, possess
or harbour
a cat unless a valid cat tag is kept securely
fastened
to the collar of the cat;
(c)
affix a cat tag pursuant
to this by-law to a cat other than the cat for which
the cat tag has been issued; and
(d)
knowingly
give false information
when applying
for a license under this by-
law.
17.4
Notwithstanding
the above, the provisions
set out under subsections
17. 1, 17.2,
and 17.3 shall not apply to Foster Animals
that are owned, cared for, kept,
possessed
or harboured
by a person for a period of no more than six (6) months
from the time of first taking ownership,
care, keeping,
possession
or harbouring
of such a Foster Animal, provided
that such person is able to produce
documentation
to substantiate
the details of the foster care program.
17.5
Where a cat or cats are kept, possessed
or harboured
in or at a dwelling
unit
within the Town of Aurora, they shall be deemed
to be owned by the adult person
residing
at that dwelling
unit. Where there is more than one adult person residing
in a or dwelling
unit, for the purposes
of this by-law, all such adult persons
shall
be deemed
to jointly own any cats in dwelling
unit and shall be jointly and
severally
responsible
for such cats and any license fee(s) as set forth in
Schedule
"A" hereto.
17.6
All licenses
and tags issued pursuant
to this by-law shall be serially numbered
and a record of their issue shall be kept by the Town. Such registration
shall, at a
minimum,
set out the name and address
of the owner, the name of the cat and
may contain such other information
as may be required
by the Manager.
1 7.7
Every license for a cat issued hereunder
is personal
to the owner thereof
and
may not be assigned
or transferred.
18.
Number
of Cats Restricted
18.1
Nopersonshallhavecareorcontrolofmorethanfour(4)catsatanytime.
18.2
No property
owner shall keep, possess
or harbour
or permit to be kept,
possessed
or harboured
more than four (4) cats within or about any dwelling
unit
unless any cats in addition
to the four (4) in the care or control of the property
owner of the dwelling
unit in which the cats are located are accompanied
by an
owner who does not reside at the dwelling
unit.
By-law
Number
6197-19
Page 13 of 20
18.3
Notwithstanding
the above, a person may take ownership,
care or keep, possess
or harbour
one (1 ) cat above the limit of four (4) set out in subsections
18. 1 and
5 8.2 provided
that:
(a)
such additional
cat is acting as a Service Animal of such a person,
(b)
such additional
cat was obtained
or taken into ownership
by the person
while such person already
owned four (4) other cats that are licensed
and
registered
pursuant
to section 6, and
(c)
the cats that were taken into ownership,
and licensed
and registered,
prior
to the Service Animal, continue
to be living and being licensed
pursuant
to
this by-law.
In the case that any of the cats that were owned, and licenced
and registered,
prior to the taking of ownership
of the Service Animal, decease
or cease to be
licenced
under this by-law, while the Service
Animal is still in the ownership,
custody,
keeping
or control of the person, the exception
under this subsection
will
permanently
cease to apply with respect to such a Service Animal for such a
person.
18.4
Notwithstanding
the above, a person may take ownership,
care or keep, possess
or harbour
(1 ) one Foster Animal in addition
to the limit of four (4) set out in
subsections
18.1 and 18.2 provided
that:
(a)
the person is able to produce
documentation
to the Town to substantiate
the details of the foster care program
with regards
to such a Foster
Animal, and
(b)
such Foster Animal does not stay in the ownership,
care, keeping,
possession
or harbouring
of the person for a period of more than six (6)
months
from the time of first taking ownership,
care, control, keeping,
possession
or harbouring
of such a Foster Animal.
18.5
Notwithstanding
the above, restrictions
on the number
of cats set out under
subsections
18.1 and 18.2 shall not apply to:
(a)
a veterinary
hospital,
clinic, office or veterinary
service lawfully
operated
and supervised
by a veterinarian
licensed
to practice
in Ontario;
(b)
premises
registered
as a research
facility in accordance
with the Animals
For Research
Act, R.S.0. 1990, c. A.22, as amended,
or any successor
legislation
thereto;
(c)
a kennel licensed
by the Town in accordance
with the Town's
Licensing
By-law; and
(d)
facilities
that provide animal services
that are legally operated
on premises
where the Zoning By-law permits
such uses, such as Pet Retailers,
pet
shops, obedience
schools,
and animal daycare,
grooming
or spa facilities.
19.
Cats at Large
19.1
NopersonkeepingacatshallpermitsuchacattobeatlargewithintheTownor
allow such cat to cause damage
or create a nuisance
or disturbance
to another
person, or another
person's
property,
or to public property.
By-law
Number
6197-19
Page 14 of 20
20.
Seizure
and Impoundment
of Cats
20.1
An Animal Services
Officer may seize and impound:
(a)
any cat found to be at large;
(b)
any cat causing
damage
or creating
a nuisance
or disturbance
to a
person, or another
person's
property,
or to public property.
20.2
A record of every cat impounded
or seized shall be kept, inctuding
the date it was
impounded,
a description
of the cat, the license and tag number
if it wore a tag,
and the date of disposition
and the disposition
made.
21.
Return
of Impounded
Cats
21.1
Within twenty-four
(24) hours of the impounding
of a cat, every reasonable
effort
shall be made by Animal Services
Officers
to notify the owner, if known, that the
cat is impounded
and the conditions
whereby
custody
of the cat may be
regained.
Part Vl: Licensing
22.
Business
Licensing
22.1
Any person conducting
business
as a Dog Walker
shall be licensed
pursuant
to
Town's
Licensing
By-law.
22.2
Any business
operating
as a Pet Retailer
shall be licensed
pursuant
to Town's
Licensing
By-law.
22.3
Any business
operating
as a kennel boarding
facility both temporary
or long term
housing
or pet grooming
facility shall be licensed
pursuant
to Town's
Licensing
By-law if required
to be licensed
therein.
23.
Animal
Licensing
23.1
The Director,
or a delegate,
shall issue such licenses
or renewals,
along with any
tags, when an application
is made in accordance
with this by-law with respect
to
a domestic
animal, provided
that the applicant
provides
all the information
and
documentation
required
under this by-law, the appropriate
fees and the
ownership
or keeping
of such an animal is in compliance
with the provisions
of
this by-law and any other animal services
legislation.
Part Vll: Other Animals,
Destruction
and Sourcing
24.
Permitted
Animals
24.1
Noperson,beingapropertyownerortenantofadwellingunit,shallkeep,
possess,
own or harbour, or permit to be kept, possessed,
owned or harboured
any animal other than an animal listed in Schedule
"B" of this by-law.
24.2
Notwithstanding
subsection
24.1, any person keeping,
possessing,
owning,
harbouring
or keeping any animal in the Town may only do so if it is in
compliance
with the Town's
Zoning By-law and any other applicable
Town by-
law.
By-law
Number
6197-19
Page 15 of 20
24.3
For the purposes
of this section 24, any animal which is a hybrid shall be
classified
as not being a permitted
animal if it was created
from an animal, or any
part of an animal, or is any part of an animal that is not permitted
under this
section.
25.
Euthanasia
25.1
Any animal which is found to be rabid, injured, or suffering
from other infectious
disease,
at the discretion
of the Medical Officer or Director
in consultation
with a
veterinarian,
may be humanely
euthanized
by the Town or Town agents in
accordance
with any applicable
legislation.
26.
Animal
Sourcing
for Pet Retailers
26.1
Pet Retailers
are only permitted
to provide, or sell, cats and dogs through
facilitating
an adoption
from a Municipal
Pound, a registered
rescue group or a
registered
humane
society.
27.
Grandfathermg
27.1
Notwithstanding
anything
in this by-law, any animals
that were legally (in
compliance
with any Town by-laws and any provincial
or federal laws in force at
the time) owned, kept or possessed
by a person in the Town of Aurora at the
time of enactment
of this by-law may continue
to be owned, cared for, controlled,
kept, possessed
or harboured
by such person in the Town of Aurora so long as
the animal continues
to live and it can be shown on a balance
of probabilities
that
such animal was legally owned, kept or possessed
by a person in the Town of
Aurora at the time of enactment
of this by-law. For further
clarity, any animals
that become
prohibited
following
the passage
of this by-law and are being
owned, kept or possessed
in the Town of Aurora pursuant
to this section, cannot
be transferred
from the person that owned, kept or possessed
the animal prior to
the passage
of this by-law.
Part Vlll: Offences,
Inspections
and Powers
of Entry
28.
Power
of Entry, Inspections,
Prohibitions
28.1
The Director,
Manager
or an Animal Services
Officer may at any reasonable
time
enter upon any land for the purpose
of carrying
out an inspection
to determine
whether
the following
are being complied
with:
(a)
this by-law;
(b)
any direction
or order under this by-law;
(c)
any condition
on a permit issued under this by-law; or
(d)
an order issued under section 431 of the Municipal
Act.
28.2
Where an inspection
is conducted
pursuant
to this section, the Director,
Manager
or an Animal Services
Officer may:
(a)
require the production
for inspection
of documents
or things relevant
to the
inspection;
By-law
Number
6197-19
Page 16 of 20
(b)
inspect and remove documents
or things relevant
to the inspection
for the
purpose
of making copies and extracts;
(c)
require information
from any person concerning
a matter related to the
inspection;
and
(d)
alone or in conjunction
with a person possessing
special or expert
knowledge,
make examinations
or take tests, samples
or photographs
necessary
for the purpose
of the inspection.
28.3
No person shall hinder or obstruct
or attempt
to hinder or obstruct
the Town, its
employees,
officers or agents from carrying
out any powers or duties under this
by-law.
28.4
No person shall contravene
any order or direction
issued by the Town pursuant
to this by-law or the Municipal
Act.
28.5
Where the Director, Manager
or an Animal Services
Officer
has reasonable
grounds
to believe that an offence
has been committed
by any person, they may
require the name, address
and proof of identity of that person, and the person
shall supply the required
information.
28.6
No person shall decline or neglect to give, produce
or deliver any access,
information,
document
or other thing that is requested
by the Town pursuant
to
this by-law.
28.7
No person shall knowingly
make, participate
in, assent to or acquiesce
in the
provision
of false information
in a statement,
affidavit,
application
or other
document
prepared,
submitted
or filed under this by-law.
29.
Order
29.1
Where the Director,
Manager
or any Animal Services
Officers
is satisfied
that a
contravention
of this by-law or a permit has occurred,
such Director,
Manager
or
Animal Services
Officer may make an order requiring
that the person who caused
or permitted
such contravention,
or the property
owner of the land on which the
contravention
occurred,
to discontinue
the contravening
activity and/or to do work
to correct
the contravention.
29.2
An order pursuant
to subsection
29.1 shall set out the following:
(a)
the municipal
address
and/or the legal description
of the land or premises
on which the contravention
occurred;
(b)
reasonable
particulars
of the contravention;
(c)
what is required
of the person subject to the order;
(d)
the date by which there must be compliance
with the order and/or, if any
work is ordered,
the date by which any such work must be done;
(e)
if any work is required
to be done, a statement
that if such work is not
done in compliance
with the order and within a specified
time period, the
Town will have the work done at the expense
of the person directed
or
required
to do it; and
By-law
Number
6197-19
Page 17 of 20
(f)
information
regarding
the Town's contact
person.
30.
Remedial
Action
and Cost Recovery
30.1
Whereverthisby-laworanorderissuedunderthisby-lawdirectsorrequiresany
matter or thing to be done by any person within a specified
time period, in default
of it being done by the person directed
or required
to do it, the action may be
taken under the direction
of the Director, Manager
or an Animal Services
Officer
at that person's
expense
and the Town may recover
the costs incurred
through
a
legal action or by recovering
the costs in the same manner
as taxes.
30.2
For the purposes
of taking remedial
action under subsection
30.1, the Town, its
staff and/or its agents, the Director, Manager
or an Animal Services
Officer, may
enter, at any reasonable
time, upon any lands on which a default to carry out a
required
thing or matter occurred.
31.
Offence
31.1
Every person who contravenes
any provision
of this by-law is guilty of an offence
and on conviction
is liable to a fine as provided
for in the Provincial
Offences
Act
R.S.0. 1990, c. P. 33. '
31.2
No person shall contravene
any order, permit, license or direction
of Town issued
pursuant
to this by-law or the Municipal
Act.
31.3
Pursuant
to subsection
429(2) of the Municipal
Act, all contraventions
of this by-
law or orders issued under this by-law are designated
as multiple
offences
and
continuing
offences.
A multiple
offence is an offence in respect
of two (2) or more
acts or omissions
each of which separately
constitutes
an offence
and is a
contravention
of the same provision
of this by-law.
31.4
In addition
to fines under this section, a person convicted
of an offence under this
by-law may be liable to a special fine in the amount
of the economic
advantage
or gain that such a person obtained
from the contravention
of this by-law.
32.
Presumption
of Ownership
and Residence
32.1
An owner shall be presumed
to be in the care and custody
of a domestic
animal
at all times, which presumption
may be rebutted
by evidence
to the contrary
on a
balance
of probabilities.
32.2
A person found to be within a dwelling
unit shall be presumed
to be residing
within such dwelling
unit, which presumption
may be rebutted
by evidence
to the
contrary
on a balance
of probabilities.
Part IX: General
Provisions
33.
If any provision
of this by-law or the application
thereof
to any person or
circumstance
is held to be invalid by a court of competent
jurisdiction,
the
invalidity
does not affect other provisions
or applications
of this by-law which can
be given effect without
the invalid provision
or application,
and to this end the
provisions
of this by-law are severable.
34.
Where there is a conflict or inconsistency
between
the provisions
this by-law and
any other by-laws of the Town with respect
to animal services
or any orders,
By-law
Number
6197-19
Page 18 of 20
notices or designations
or appeal provisions
pursuant
to the provisions
of this by-
law, this by-law shall prevail.
35.
By-law Number
6027-17
be and is hereby repealed.
36.
For the purpose
of transition
to this by-law, any licenses
issued pursuant
to by-
law 6027-17
prior to the effective
date of this by-law shall remain effective
and be
subject
to the provisions
of this by-law.
37.
The following
Schedules
attached
to this by-law form and are part of this by-law:
(a)
Schedule
"A" - Fees;
(b)
Schedule
"B" - Permitted
Animals.
38.
This by-law shall be known and may be cited as the "Animal
Services
By-law".
Enacted
by Town of Aurora
Council
this 23rd day of July, 2019
om Mrakas,
Mayor
Michael
de Rond, Town Clerk
By-law
Number
6197-19
Page 19 of 20
Schedule
"A" - Fees
1.
Cat License
Fees
(1 )
Regular
License
Fee
$20.00
(2)
License Fee for Cat Owned by Resident
Fifty-Five
(55) Years of Age or Older
$10.00
2.
Dog License
Fees
(1)
RegularLicenseFee
$30.00
(2)
License
fee for "Dangerous
Dog"
$100.00
(3)
Regular
License Fee for Dog Owned by
ResidentFifty-Five(55)YearsofAgeorOlder
$15.00
(4)
License
Fee for Guide Dog or Service
Animal
No fee with
proper documents
3.
Impound
Fees
(1 )
First Impound
$20.00
(2)
Second Impound
$30.00
(3)
Third Impound
$50.00
(4)
Daily Maintenance
Fee
$15.00
4.
Replacement
Fee for Lost Cat or Dog Tag
$5.00
By-law
Number
6197-19
Page 20 of 20
Schedule
"B"
- Permitted
Animals
Only the following
animals
are permitted
in Town, subject
to the restrictions
set out below:
*
agricultural
livestock
o
only animals
that are raised in an agricultural
setting to produce
farming
labour or agricultural
commodities
are permitted
*
amphibians
o
only amphibians
of the non-poisonous
type are permitted
arachnids
o
only arachnids
of the non-venomous
type and not from the
theraphosidae
(tarantulas)
family of spiders
are permitted
birds
o
birds are only permitted
in compliance
with any provincial
and federal
laws
cats
chinchilla
dogs
domestic
Mice
domestic
Rabbit
domestic
Rats
equine
ferret
fish
o
fish are only permitted
in compliance
with any provincial
and federal
laws
gerbil
guinea pig
hamster
*
hedge hog
reptiles
o
only reptiles of the non-poisonous
and non-venomous
type that do not
exceed 30 centimetres
or 12 inches in length at maturity
are permitted
snakes
o
only snakes
of the be non-venomous
and non-constrictive
type that do
not exceed 45 centimeters
or 18 inches at maturity
are permitted