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Office Consolidation - Animal Services By-law 201-2023 - Page 1 of 27
OFFICE CONSOLIDATION
Animal Services By-law 201-2023
To regulate the keeping of Animals in the City of Brampton, including provisions
for animal identification, and prohibit wildlife feeding, and to repeal By-laws 261-
93, 250-2005 and 238-2011
WHEREAS section 11(3)(9) of the Municipal Act, 2001, S.O. 2001, C.25 as
amended, authorizes a municipality to pass by-laws regarding animals;
AND WHEREAS section 103(1) of the Municipal Act, 2001 provides that a
municipality may pass by-laws regarding the regulation or prohibition of an
animal being at large or trespassing; and Section 103(1)(a) provides for the
municipality to impound any animals at large or trespassing in contravention of
the by-law; and Section 103(1)(b) provides for the sale of those impounded
animals;
AND WHEREAS section 105(1) of the Municipal Act, 2001 provides that if a
municipality requires the muzzling of a Dog under any circumstances, the council
of the municipality shall, upon the request of the owner of the Dog, hold a hearing
to determine whether or not to exempt the owner in whole or in part from the
requirement;
AND WHEREAS section 105(2) of the Municipal Act, 2001 provides that an
exemption may be granted subject to such conditions as the council considers
appropriate;
AND WHEREAS section 23(1) of the Municipal Act, 2001 permits a municipality
to delegate certain legislative and quasi-judicial powers where the council of the
municipality is of the opinion that the power being delegated is of a minor nature;
AND WHEREAS section 391(1) of the Municipal Act, 2001 provides that a
municipality may impose fees and charges on persons for services or activities
provided or done by or on behalf of it;
AND WHEREAS Council is desirous to ensure that animals are kept and treated
in a humane manner and that the owners of animals provide an adequate level of
care to them;
NOW THEREFORE the Council of The Corporation of the City of Brampton
ENACTS as follows:
PART I - TITLE, INTERPRETATION AND SEVERABILITY
1.
This By-law may be referred to as the "Animal Services By-law".
2.
Wherever a word is used in this By-law with its first letter capitalized, the
term is being used as it is defined in Part II of this By-law. Where any word
Office Consolidation - Animal Services By-law 201-2023 - Page 2 of 27
appears in ordinary case, the commonly applied English language meaning
is intended.
3.
Wherever a word defined in this By-law is used in the form of a noun, verb,
adverb or adjective, it shall be interpreted as having a corresponding
defined meaning even if it is in ordinary case.
4.
All words importing the singular shall include the plural, and words imparting
the masculine gender shall include the feminine, and the converse of the
foregoing also applies unless the context of the By-law requires otherwise.
5.
If a court of competent jurisdiction declares any provision or part of a
provision of this By-law to be invalid or to be of no force and effect, it is the
intention of Council in enacting this By-law that the remainder of this By-law
shall continue in force and be applied and enforced in accordance with its
terms to the fullest extent possible according to law.
PART II - DEFINITIONS
6.
For the purposes of this By-law:
"Act" means the Municipal Act, 2001, S.O. 2001, c. 25 as amended;
"Affiliated Re-homing Program," means any external application approved
by the Manager of Animal Services to assist the community in finding a new
home for their pet;
"Animal" means all species of fauna, excluding humans, fish and aquatic
invertebrates";
"Animals for Research Act", means Animals for Research Act, R.S.O. 1990,
c. A.22 as amended or any successor to this act;
"Animal Control Officer" means a person or class of person designated by
by-law of the City of Brampton, and "Animal Services Officer" shall have a
corresponding meaning;
"At Large" means where an Animal is found in a place other than the
Property of the Owner of the Animal and not under the control of the Owner
of the Animal or an authorized representative, except where the Owner of
the Property permits the Animal to be on that Property;
"Business Licensing By-law" means By-law 184-2023 as amended or its
successor;
"Cat" means a feline of the species Felis Catus;
"City" means The Corporation of the City of Brampton;
"Commissioner" means the Commissioner of Legislative Services or
designate;
"Council" means the Council of The Corporation of The City of Brampton;
"Colony caretaker" means a person who harbours or provides regular care
for a Feral Cat or Feral Cats;
"Custody" means temporary or permanent possession of an Animal, with
"Custodian" having a corresponding meaning;
"Dog" means a canine of the species Canis Familiaris;
"Dwelling Unit" means a unit as defined in the City's Property Standards By-
law as amended, or any successor by-law.
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"Emergency Boarding" means the temporary keeping of an Animal as a
result of an eviction, incarceration, medical or fire emergency, or any other
situation that the Manager deems appropriate for the health or safety of an
Animal;
"Extreme Weather" means a cold warning, heat warning or other weather
warning alert issued by Environment Canada for weather in the City of
Brampton, including but not limited to, extreme cold or hot weather,
snowstorms, freezing rain, heavy rainfall, hurricanes, tornadoes and/or
strong winds;
"Feral Cat" means a Cat that lives exclusively outdoors with limited human
contact and is un-socialized;
"Feral Cat Colony" means a group of Feral Cats living in one geographic
area;
"Hen" means a female chicken;
"Herding Dog" means a Dog that has been trained and is actively being
used in a bona fide farming operation for the purposes of controlling
livestock on the farm;
"Impounded" means the keeping of an Animal at a designated Pound facility
within the City and also means the confinement of an Animal by an Animal
Control Officer;
"Keep" means to have temporary or permanent control or possession of an
Animal and "Kept" has a corresponding meaning;
"Leash Free Zone" means the designated Leash Free Dog Areas in Parks
and identified as such.
"Licence" means a Licence issued under this By-law;
"Licence Fee" means the fee that is required to be paid to the City for a new
Licence or Licence renewal as set out in the City's User Fee By-law, as
amended, or any successor by-law;
"Licence Issuer" means a person appointed under this By-law and includes
their designate;
"Licensed Premises" means the Premises referred to in a Licence;
"Licensee" means any Person licensed under this By-law;
"Livestock Guardian Dog" is a Dog that works and/or lives with domestic
farm Animals, including but not limited to sheep, cattle, and poultry, to
protect them while repelling predators and is used exclusively for that
purpose;
"Lot" shall mean a parcel of land which fronts on or abuts a street;
"Manager" means the Manager, Animal Services, or designate;
"Menace" means a threat or hazard that may cause injury or harm;
"Microchip" means an approved Canadian standard encoded identification
device implanted into an Animal that contains a unique code that permits or
facilitates access to Owner information, including the name and address of
the Owner of the Animal;
"Minor" means a person under the age of 18;
"Municipal Law Enforcement Officer" means an officer appointed by the City
for the enforcement of a City by-law;
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"Muzzle" means a basket-type device of adequate strength that is properly
fitted securely over a Dog's mouth and prevents the Dog from biting, yet still
allows the Dog to pant or drink and is humane;
"Muzzle and Control Order" means an Order issued by the Manager that
sets out requirements of the owner to be taken for the purpose of safety to
persons or domestic Animals
"Order" means an Order issued during an inspection and as a result of non-
compliance of a licensed person or organization under this By-law;
"Owner" means each Person who Keeps an Animal and includes:
(1)
Each Person who applies for a Licence;
(2)
Each Person to whom a Licence is issued;
(3)
Each Person responsible for the custody of a minor Person who
Keeps an Animal; and
(4)
Each Person who owns or leases premises on, or in which, an
Animal is Kept by any Person;
but does not include a person who has taken custody of an Animal found
to be At Large;
"Owner's Property" means the property owned or occupied by the Owner of
an Animal, and, where the Owner has exclusive possession of part of a
building or property, that portion of the property of which the Owner has
exclusive possession;
"Person" includes an individual, partnership, association, firm or
corporation;
"Pigeon" means all Columbidae (such as pigeons and doves);
"Pit bull dog" includes:
(1)
A Pit Bull Terrier;
(2)
A Staffordshire Bull Terrier;
(3)
An American Staffordshire Bull Terrier;
(4)
An American Pit Bull Terrier; and
(5)
A Dog that has an appearance and physical characteristics that
are substantially similar to those of Dogs referred to in any of
clauses (a) to (d);
"Police work dog" means a Dog trained for and actually engaged in law
enforcement duties for the police or other person duly appointed as a peace
officer;
"Pound" means premises that are used for the detention, maintenance or
disposition of Animals that have been Impounded pursuant to this By-law or
any predecessor of this By-law;
"Poundkeeper" means the Manager of the Animal Services Division of the
Legislative Services Department or their designate or designates;
"Premises" means land and includes the structures on the land, such as
buildings, fences and shed, and includes vacant property;
"Rabbit" means a domestic rabbit of either gender;
"Restricted Pit Bull" means a Pit Bull owned by a resident of Ontario on
August 29, 2005, or born between August 29, 2005, and November 29,
2005;
"Rescue Organization" means a not-for-profit or charitable organization
approved by the Manager whose mandate and practices are predominantly
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the rescue and adoption of Animals, and facilitating the spaying or neutering
of Animals;
"Roadway" means the part of the highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder and
where a highway includes two or more separate roadways, the term
"roadway" refers to any one roadway separately and not to all of the
roadways collectively;
"Sanitary Condition" means a condition that does not result in an
accumulation of fecal matter, odour, insect infestation, or rodent attractants,
or that would not disturb, or be likely to disturb, the enjoyment, comfort or
convenience of any person;
"Service Animal" means an Animal described in subsection 80.45(4) of
O.Reg.191/11, under the Accessibility for Ontarians with Disabilities Act,
2005, S.O. 2005, c.11 as amended or any successor of the Act;
"Sterilized" means a spayed or neutered Animal. Sterilization is a surgical
procedure to the reproductive system, that permanently stops the Animal
from reproducing.
"Tag" means a tag issued by the City indicating the year or unique
identification number assigned to an Animal;
"Tether" means a rope or chain or similar restraining device that prevents
an Animal from moving beyond a localized area, with "Tethered" and
"Tethering" having a corresponding meaning;
"Trap, Neuter, Return and Manage Program" means a Trap, Neuter, Return
and Manage ("TNRM") program approved by the Manager for the trapping
of Feral Cats for the purpose of spaying or neutering and eventual returning
of said Cats to the location they were trapped or their identified colony; any
operation where Feral Cats are trapped in order to be sterilized and then
returned to the outdoors;
"Tribunal" means the Brampton Appeal Tribunal appointed by Council to
conduct hearings under the Brampton Appeal Tribunal By-law 48-2008, as
amended, or any successor by-law;
"User Fee By-law", means the City's User-Fee By-Law 380-2003 as
amended or any successor by-law;
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,
road-building machine, and any vehicle drawn, propelled or driven by any
kind of power, including muscular power;
"Wildlife" or "Wild Animal" means an Animal that belongs to a species that is
wild by nature, but does not include:
(1)
An Animal that is Kept in accordance with this By-law; or
(2)
An Animal that is Kept for research undertaken by a university,
college or similar provincially or federally recognized research
institution; or
(3)
A songbird.
"Zoning Approval" means that a Licence Application for a Pigeon coop, or
any Animal quarters has been examined and approved by the City's Zoning
Services staff for compliance with the Zoning By-law
"Zoning By-law" means the City's Zoning By-law 270-2004, as amended, or
any successor of the By-law.
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PART III ADMINISTRATION AND ENFORCEMENT
7.
This By-law shall be administered and enforced by the Manager of Animal
Services, and by such other persons appointed by by-law of Council.
8.
Council delegates to the Licence Issuer the power to issue, refuse to issue,
renew, refuse to renew, cancel, revoke, or impose conditions on a Licence
under this By-law.
9.
Council is of the opinion that the delegation under section 8 is minor in
nature.
PART IV - LICENSING OF DOGS AND CATS
10. Every owner of a Cat or Dog shall:
(1)
Ensure that any Dog or Cat owned that is over the age of twelve (12) weeks
and has come into their possession obtains a current valid Licence for the
Dog or Cat, issued by the City, within seven (7) days of such possession;
(2)
Keep the tag issued by the City securely fixed on the Dog or Cat collar
at all times;
(3)
Replace the tag, if lost, with a new tag issued by the City;
(4)
Provide proof of Licence to a Municipal Law Enforcement Officer when
requested; and
(5)
Contact Animal Services to report any change of status for the Animal
within forty-eight (48) hours of the change, such as but not limited to:
(a)
a change of address;
(b)
they no longer own the Animal; or
(c)
the Animal is deceased.
11. The Owner of a Dog or Cat used for the purpose of a Service Animal or a
Police Work Dog shall ensure that such Dogs or Cats are licensed;
however, no fee is imposed for such Dogs or Cats. The Licence Issuer may
require the Owner of such Dog or Cat to establish satisfactorily that the Dog
or Cat is a Service Animal or Police Work Dog.
12. Notwithstanding subsection 10(2), the Tag may be removed while a Dog is
being lawfully used for hunting in the bush or in the case of a Livestock
Guardian Dog or Herding Dog, while the Dog is being actively used in
farming practices, provided that the Dog is identified by a microchip, and:
(1)
The microchip has been registered with Brampton Animal Services;
(2)
The microchip information is kept current with Brampton Animal
Services
13. Any Cat within the Feral Cat Program will be exempt from the licensing
requirements.
PART V - ANIMALS
Prohibited Animals
14. The Keeping, either on a temporary or permanent basis, of any Animal of
any kind listed in Schedule "A" to this By-law anywhere in the City is
prohibited.
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15. Notwithstanding section 14, on lands zoned and used for agricultural
purposes, no person shall Keep, or cause to be Kept, any Animals listed in
Schedule A, except for a horse, donkey, pony, mule, cow or steer, goat,
swine, mink, fox, sheep, chinchilla, chickens, peafowl or any other domestic
galliforms, or a nutria.
16. Section 14 does not apply to:
(1)
areas of the City in which professionally produced films are being
made by film professionals and film production companies and only
temporarily during filming;
(2)
the premises of an affiliate or branch of the Ontario Society for the
Prevention of Cruelty to Animals;
(3)
the premises of an accredited veterinary hospital under the care of a
licensed veterinarian;
(4)
premises registered as research facilities pursuant to the Animals for
Research Act;
(5)
premises of the Peel Regional Police Department;
(6)
the premises of a university or community college, secondary school,
junior high school or preschool where such Animals are being Kept for
research, study or teaching purposes;
(7)
premises holding a licence under any statute of the Province of
Ontario or Dominion of Canada, which permits the Keeping of Animals
under stated conditions.
Keeping Animals
17. Any building structure, pen or run used or intended to be used for the
keeping and confining the movements of a Dog shall be at least 2 metres
(6.5 feet) from the boundary of the property upon which it is located.
Standards of Care
18. Every Person who Owns an Animal in the City shall provide the Animal, or
cause it to be provided with adequate:
(1)
shelter for the Animal that is waterproof and that protects it from
exposure to the elements;
(2)
shelter for the Animal that is adequate and appropriate for its size,
breed and species;
(3)
access to shade during warm weather, which does not include shade
provided by an Animal Enclosure;
(4)
sanitary conditions for the Animal;
(5)
food;
(6)
water;
(7)
exercise;
(8)
light;
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(9)
ventilation when in an enclosed space.
19. No person shall keep an Animal Tethered on a rope, chain, cord or similar
device unless:
(1)
the Tether is a minimum of three (3) metres in length;
(2)
the Animal has unrestricted movement within the range of such
Tether;
(3)
the Animal has access to food, water, shelter and shade while
Tethered; and
(4)
the Animal cannot injure itself as a result of the Tethering.
20. In addition to Section 19, no person shall keep an Animal Tethered:
(1)
where a choke collar, choke chain, pronged collar or any similar
device forms part of the Tether; or
(2)
by tying a rope, chain, or cord directly around the Animal's neck; and
(3)
The Owner of an Animal shall ensure that such Animal is not left
unattended while Tethered or tied on Premises where the public has
access, whether the access is expressed or implied.
21. No owner shall allow an Animal to remain outdoors during Extreme
Weather, except for brief walks or brief periods of exercise, unless the
Animal has access to an Animal Enclosure that will adequately protect the
Animal from the elements.
22. Any building, structure, Enclosure, pen or run, whether open or completely
enclosed, regardless of whether it is located indoors or outdoors, used or
intended to be used for the keeping of Animals shall be:
(1)
kept in a Sanitary condition;
(2)
in good state of repair;
(3)
air ventilated;
(4)
such that the Animal contained there would not be harmed, and its
health would not be negatively affected for the reason of being placed
in such an Enclosure; and
(5)
not exposed to noxious odours and sounds.
23. Any Enclosure shall be of a size and in a condition such that the Animal
may:
(1)
extend its legs, wings, and body to a full natural extent; and
(2)
stand, sit, perch, turn around and lie down.
24. No Owner shall keep or permit to be Kept an Animal in a Vehicle in
circumstances or in a manner that could pose a risk to the Animal's health
or safety, including in relation to:
(1)
inadequate ventilation;
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(2)
the temperature of the Vehicle's interior is extreme or inadequate, or
(3)
the Animal is not Restrained in a manner that prevents contact
between the Animal and any member of the public.
Number of Animals
25. No Person shall Keep or permit to be Kept more than a cumulative total of
six (6) Cats and Dogs older than 3 months (12 weeks) of age on any
Premises in the City, of which there may only be a maximum of three (3)
Dogs.
26. Notwithstanding section 25, a Cat shall not count towards the total
permitted number if temporarily Kept by a rescue organization, recognized
by the City, for the purposes of being fostered and subsequently adopted or
in connection with a Trap, Neuter, Return and Management program
provided the Manager of Animal Services believes the Cats will be Kept in
accordance with other provisions of this By-law and will not cause a
nuisance to neighbours or other residents;
27. Notwithstanding section 25, the Manager of Animal Services may grant an
exemption allowing a person to Keep four (4) Dogs over twelve (12) weeks
of age within or about a Dwelling Unit only when:
(1)
the fourth (4th) Dog has been acquired as a result of a family death or
illness;
(2)
there is joint occupancy where occupants had their own pets prior to
deciding to live together; or
(3)
in the opinion of the Manager, there are other compassionate reasons
conducive to responsible Dog ownership,
provided the Manager of Animal Services believes the Dogs will be Kept in
accordance with other provisions of this By-law and will not cause a
nuisance to neighbours or other residents.
28. In order to provide an exemption referred to in section 27, there must be a
legitimate fact giving the person a moral or ethical responsibility regarding
an additional Dog, and the exemption shall not be granted because a
person wishes to own more than three (3) Dogs or is able to provide a
suitable home to a Dog in need.
29. In making the decision to grant an exemption set out in section 27, the
Manager of Animal Services may consider all reasonable factors, including:
(1)
previous convictions or founded complaints under this or a previous
by-law of the City respecting Dogs;
(2)
previous convictions under other municipalities' by-laws or provincial
legislation respecting Dogs;
(3)
the size and breed of the Dogs;
(4)
reasonable concerns of neighbours in the area; and
(5)
the suitability of the Premises.
30. Any exemption granted pursuant to section 27, will be of limited duration
until one (1) of the four (4) Dogs dies or is no longer owned by the person(s)
holding the exemption. Any exemption is subject to revocation by the
Manager of Animal Services at any time due to concerns related to any of
the factors outlined in section 29.
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31. Prior to allowing a 4th Dog over 12 weeks of age in a dwelling or a decision
revoking a previously granted exemption allowing a 4th Dog,
(1)
The Applicant shall provide notice to adjoining property owners that an
Application for the Keeping of a 4th Dog, has been applied for, and the
notice shall include:
(a)
information regarding the numbers and types of Dogs to be Kept,
and:
(b)
information that the Application may be objected to by sending
an objection, in writing, to the Licence Issuer within 20 days of
delivery of the notice.
(2)
Notice under this section shall be deemed to be delivered:
(a)
in the case of mailed documents, five (5) days following the
mailing as determined by the postmark;
(b)
in the case of personal delivery, e-mail or faxed document, the
day of delivery;
(c)
where more than one method of delivery is used, the operative
receipt date is the latest of the possible receipt dates.
(3)
The Applicant shall provide the Licence Issuer with proof of delivery of
the notice to the adjoining property owners in the form of a copy of the
notice and affidavit that the notice has been delivered.
32. Notwithstanding section 25, any person who owns up to 6 Cats and 3 Dogs
on the first day or prior to the date of this by-law coming into force may
continue to Keep such Animals until their death or demise.
33. Proof of ownership dates can be provided by way of registration through the
municipality or registered microchip.
Animals at Large
34. No owner of an Animal shall allow or permit their Animal to be At Large in
the City.
35. A Dog shall not be considered At Large if the Dog is within a designated
Leash Free Zone along with its Owner.
36. An Animal Control Officer may capture and impound an Animal that is At
Large.
37. Any person may humanely capture an Animal found:
(1)
running At Large on his or her property; or
(2)
running At Large on public property,
and shall deliver the Animal to the custody of an Animal Control Officer or
the Manager, and the Animal will then be impounded.
38. Section 34 does not apply to a Feral Cat that is part of a registered Feral
Cat Colony and is:
(1)
Sterilized;
(2)
ear tipped;
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(3)
microchipped;
(4)
Vaccinated, including vaccination against rabies, and;
(5)
not interfering with a resident's enjoyment of property.
Control of Dogs
39. Every Owner of a Dog shall keep the Dog leashed and under the control of
a person when the Dog is on any land in the City, other than the Owner's
Property, unless the Person owning the land gives prior consent on which
the Dog is found.
40. An Owner of a Dog, when such Dog is on property owned or occupied by
the Owner or on property owned or occupied by some other person with
such person's consent, shall keep the Dog contained on such property by
means of the following:
(1)
Enclosure;
(2)
Containment within a fenced area, or;
(3)
Physical restraint of the Dog by a leash, chain or other similar means
permitted under this By-law.
41. Section 40 does not apply to a Livestock Guardian Dog or Herding Dog,
while the Dog is being actively used in farming practices, provided that the
Dog is identified by a microchip.
Off-Leash Zones
42. In any designated Off-Leash Zone, the following provisions shall apply:
(1)
Every Owner shall clean up after his or her Dog forthwith;
(2)
No Owner shall bring to the Off-leash Park area any:
(a)
Dog with a Muzzle and Control Order or a Dog previously
deemed a Potentially or Dangerous Dog under a previous by-
law;
(b)
Pit bull pursuant to the Dog Owners' Liability Act, or
(c)
Dog which has a recorded history with Brampton Animal
Services of aggressive behaviour to other Dogs or human
beings;
(3)
Each Dog must be currently vaccinated against rabies;
(4)
Every Owner of a Dog shall ensure the Dog is wearing a collar and
current City Licence at all times;
(5)
No puppy under 4 months of age is permitted;
(6)
Each Dog shall be spayed or neutered;
(7)
No Dog shall be left unattended, meaning the Owner is within the
designated area with the Dog and supervising its actions;
(8)
Each Owner shall carry a leash for each Dog;
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(9)
There shall be:
(a)
a limit of 3 Dogs per person per visit;
(b)
Children under 10 years of age are prohibited;
(c)
Each Dog shall be leashed when it enters or exits the designated
area;
(10) Each Owner assumes all risks by entering into the Leash-Free Zone;
(11) Designated areas within the Leash-Free Zones are marked as small
Dog and large Dog. Owners shall only use the appropriate designated
area depending on the size of their Dog:
(a)
only small Dogs shall be exercised in the area identified for small
Dogs; and
(b)
only large Dogs shall be exercised in the area identified for large
Dogs.
Impounded Animals
43. Where an Animal Control Officer takes into custody an Animal running at
large or has an Animal delivered to him/her, the Animal Control Officer may
at their discretion:
(1)
deliver the Animal to the Pound;
(2)
release the Animal to its Owner;
(3)
Release a Cat back into the community as per internal policies, or;
(4)
take any other action permitted by the Animals for Research Act.
44. Where an Animal is impounded, the Owner of the Animal shall provide
satisfactory identification accompanied by payment in full of any fee
prescribed in the City's User Fee By-law when claiming their Animal.
45. When an Animal is impounded in accordance with this By-law, the City shall
make a reasonable attempt to contact the Owner in accordance with the
information provided prior to selling or otherwise disposing of the Animal.
46. Where a Dog has been Impounded, and it is alleged that the Dog has bitten
or attacked a person or domestic Animal, prior to proceedings commenced
against the Owner of the Dog under the Dog Owners' Liability Act, R.S.O.
1990, c. D.16. the Owner of the Dog shall pay the costs set out in the City's
User Fee By-law for the time for which the Dog has been impounded,
regardless of whether or not the Dog is released to the Owner.
47. An Impounded Animal not wearing identification (i.e. Licence, Microchip,
rabies, etc.) for the purpose of contacting the Owner, at the Owner's
expense, may be:
(1)
given an inoculation to provide temporary immunization against
common diseases;
(2)
implanted with a Microchip.
48. Pursuant to the guidelines contained in the Animals for Research Act, the
Manager may humanely euthanize, or cause, or permit to be humanely
euthanized any Animal that has been impounded.
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Emergency Boarding
49. An Animal Control Officer may take possession of an Animal for the
purpose of providing Emergency Boarding to it at any time when the Animal
Control Officer deems it necessary to provide protective care to the Animal.
50. Where an Animal is taken in under Emergency Boarding, the Animal shall
be treated as an impounded Animal pursuant to this By-law.
Community Rehoming Program
51. Any person who adopts a Dog or Cat from an Affiliated Re-homing platform
shall ensure the Dog or Cat is Sterilized by a veterinarian of the Owner's
choice. Sterilization shall be completed within forty-five (45) days of the
Dog or Cat being adopted/Re-homed or by the time the Dog or Cat
becomes six months of age, whichever occurs first.
Excrement
52. Every Owner of a Dog shall forthwith remove, or cause to be removed, any
feces left by the Dog on any land within the City, other than the Animal
owner's property and the Owner shall dispose of the excrement in a proper
refuse receptacle in a timely manner.
PART VI - APPROVAL OF RESCUE ORGANIZATIONS AND TRAP, NEUTER,
RELEASE AND MANAGE (TRNM) PROGRAM
53. Rescue Organizations and Trap, Neuter, Release and Manage Program
operators must be approved by the Manager in order to qualify for the
applicable exemptions under this By-law.
54. The Manager may impose terms and conditions on a Rescue Organization
or TNRM Program operator to qualify for the exemptions under this By-law.
Such as, but not limited the successful completion of colony caretaker
training or educational program(s).
55. Rescue Organization or TNRM Program operator shall only operate a Feral
Cat Colony on a property where the colony caretaker is the owner of the
property or has written consent from the owner of the property to operate.
56. The Manager has the ability to disqualify a Rescue Organization or TNRM
Program operator if a Rescue Organization or TNRM Program operator
does not comply with the terms and conditions set out in sections 54 or 55
above.
PART VII- OWNERS TO TAKE PRECAUTIONS
Dogs - Biting/Attacking/Menacing
57. An Owner shall not permit a Dog to:
(1)
bite a Person or domestic Animal;
(2)
attack a Person or a domestic Animal;
(3)
behave in a manner that poses a Menace to the safety of Persons or
domestic Animals;
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58. Subject to section 57, the Owner shall be deemed to have permitted the
attack, bite or menacing behaviour, unless the Owner can prove, on a
balance of probabilities, that they took all reasonable precautions to control
the Dog and to prevent the attack, bite or menacing behaviour from
occurring.
Muzzle and Control Order
59. The Manager may issue a Muzzle and Control Order.
60. A Muzzle and Control Order shall set out such measures that the Owner of
the Dog shall be required to take in respect of such Dog, which may
include, but not be limited to the following requirements:
(1)
The Owner shall, when the Dog is not securely inside the Owner's
Dwelling Unit, but is otherwise on the Owner's Property, at all times
keep the Dog securely restrained in one of the following manners so
as to prevent the Dog from escaping and to prevent the Dog from
biting or causing injury to any Person entering onto the Owner's
Property:
(a)
The Dog shall be located within a securely fenced rear or side
yard where the fence is of sufficient dimension and design to
prevent the Dog from escaping from the yard, and any gate in
such fenced yard shall be locked at all times when the Dog is in
the fenced yard, or
(b)
The Dog shall be located in a rear or side yard within a fully
enclosed pen (six-sided) or run of sufficient dimension, design
and strength to be humane and to prevent the Dog from digging
its way out of or otherwise escaping from the enclosed pen, or
(c)
The Dog shall be Muzzled so as to prevent it from biting a person
or Animal and securely restrained within a rear or side yard by
means of a leash or chain to prevent the Dog from escaping the
yard while under the direct supervision of a Person over the age
of 18 and physically able to exercise proper control of the Dog
and who is present in the yard at the time; and
(d)
The Dog shall not be Kept in the front yard of the Owner's
property.
(2)
At any time when the Dog is in any place, other than the property of
the Owner, the following may be required:
(a)
The Owner must securely attach a Muzzle to the Dog at all times
when the Dog is in any place other than the Owner's property;
and
(b)
The Owner shall ensure the Dog is Kept under the physical
control of a Person 18 years of age or older and physically able
to exercise proper control of the Dog, by means of a non-
retractable leash with a maximum length of 2 metres held by said
Person at all times when the Dog is in any place other than the
Owner's property.
(3)
The Owner shall have completed and provided proof to the Animal
Control Officer within 30 days of issuance of the Muzzle and Control
Order:
(a)
a Microchip implanted in the Dog
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(b)
have the Dog Sterilized
(4)
Despite clause 60(3)(a) and 60(3)(b) on appeal, both are to be done
within 30 days of the date of the Brampton Appeal Tribunal's decision,
unless the Brampton Appeal Tribunal exempts the Owner from this
requirement.
(5)
The Owner shall display in a conspicuous place at the entrance to the
premises, a warning sign advising of the Dog's presence on the
property and the potential for danger to public safety, which has been
provided by the City of Brampton;
(6)
The Owner shall not breed the Dog, or permit the Dog to be bred;
(7)
The Owner shall register the Dog annually with a designated City of
Brampton Dog tag identifying the potential for danger to public safety
and keep all information up to date as follows:
(a)
The Owner shall notify the Manager within 48 hours of any
changes to the residency or ownership of the Dog.
(b)
The Owner shall notify the Manager within 48 hours of the death
of the Dog.
61. A Muzzle and Control Order shall include the following information:
(1)
The Respondent(s) information;
(2)
The subject Dog(s) information;
(3)
The reasons for which the Muzzle and Control Order was determined
upon;
(4)
The measures the Owner is required to take, and
(5)
Information respecting the process by which the Owner may exercise
the Owner's right to appeal to the Brampton Appeal Tribunal.
62. A Muzzle and Control Order may be served on the Owner personally by
handing it to the Owner, but where the Muzzle and Control Order cannot be
given or served by reason of the Owner's absence from the Owner's
property or by reason of evasion of service, the Animal Control Officer may
provide service by:
(1)
handing it to an apparently adult person on the Owner's property, or
(2)
posting it in a conspicuous place upon some part of the Owner's last
known property and by sending a copy by ordinary mail, or
(3)
sending it by prepaid registered mail to the Owner at the last known
address where he or she resides, or
(4)
electronic notification (e-mail) to the last known e-mail address.
63. An Owner to whom a Muzzle and Control Order is given shall forthwith
ensure compliance with it.
64. Notwithstanding that an Owner has appealed to the Tribunal pursuant to
Section 112, the Order is effective until the appeal is disposed of except for:
(1)
the Muzzle and Control Order takes effect when written and served
and remains fully in effect unless it has been varied by the Appeal
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Tribunal or Manager.
(a)
an application for a hearing under this By-law does not act
as a stay of any requirement imposed by a Muzzle and
Control Order, with the exception of Sterilization and
Microchip, which will not be required until a final decision
of the tribunal is confirmed.
65. Any Dog that has been deemed a Dangerous or Potentially Dangerous Dog
under a previous by-law of the City, even where such by-law has been
repealed, shall continue to be subject to the terms of any restraining or
control order in effect at the time of the passing of this By-law.
PART VIII - LICENSING REQUIRED
66. A Licence shall be obtained by every Person who owns more than two (2):
(1)
Pigeons;
(2)
Hens; or
(3)
Rabbits.
67. No Person shall carry on the licensed business in a name that is different
from the business name that is endorsed on the Licence, unless the
Licence Issuer has provided his or her approval.
68. No Person shall hold themselves out to be Licensed if he or she is not
Licensed under this By-law.
69. No Person shall provide false or misleading information or documents when
applying for a Licence or Licence renewal, or when required to provide any
information or documents under this By-law.
70. Any Person holding a Licence under section 66 shall produce the Licence
upon request of the Licence Issuer or a Municipal Law Enforcement Officer.
Requirements for Licensees
71. Every Applicant and Person Licensed under this By-law shall be at least 18
years of age.
72. The Applicant shall complete a Licence Application, file any information as
may be required by the Licence Issuer and pay the required Licence Fee.
73. A Licence shall be issued to an Owner whose Application meets all the
requirements of this By-law, except if the Licence Issuer is of the opinion
that the issuance or the holding of a Licence would be contrary to the public
interest in respect of:
(1)
The health and safety of any Person or Animal;
(2)
A nuisance affecting any land or Person in Brampton;
(3)
Any Application or other document provided to the Licence Issuer by
or on behalf of the applicant contains a false statement, or provides
false information;
(4)
The Applicant does not meet all the requirements of this By-law or any
other City By-law.
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Licence Issuer
74. The City Clerk is appointed as the License Issuer for the purpose of section
66.
75. The Licence Issuer shall:
(1)
Receive and process all Applications for new Licences and for the
renewal of Licences;
(2)
Issue a new Licence or renew a Licence when:
(a)
an Application is made in accordance with the provisions of this
By-law;
(b)
the Application is complete;
(c)
the applicable Licence Fee is paid; and
(d)
the Application meets all of the requirements under this By-law
unless there are grounds to refuse to issue a new Licence or
renew a Licence
(3)
Maintain complete records showing all Applications received and
Licences issued;
(4)
Enforce or cause to be enforced the provisions of this By-law;
(5)
Prepare or cause to be prepared all notices, forms and any other
document including any amendments thereto, that are necessary for
the administration of this By-law; and
(6)
Generally perform all the administrative functions of this By-law.
76. Where the Licence Issuer has refused to issue a Licence, or has revoked or
suspended a Licence, the Applicant or Licensee may appeal to the
Brampton Appeal Tribunal in accordance with procedures established by
this By-law and the Appeal Tribunal By-law 184-2323 as amended, or any
successor.
77. Where the Appeal Tribunal considers an appeal under this By-law, the
Tribunal shall not make any decision or finding that impacts an application
for a minor variance.
Inspections
78. A Municipal Law Enforcement Officer may enter on land and building or
structure thereon, at any reasonable time for the purpose of carrying out an
inspection to determine whether any one or more of the following are being
complied with:
(1)
The provisions of this By-law;
(2)
An Order made under this By-law; and
(3)
A condition of a Licence issued under this By-law or the Business
Licensing By-Law;
79. For the purposes of an inspection under section 78, the person carrying out
the inspection may do any one or more of the following:
(1)
Require the production for inspection of any goods, articles, books,
records, including medical records and other documents of, or relating
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to, the business licensed under this By-law or the Business Licencing
By-law;
(2)
Inspect and remove documents or things relevant to the inspection,
including anything listed in section 79(1) for the purpose of making
copies or extracts;
(3)
Require information from any Person concerning a matter related to
the inspection;
(4)
Alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
80. Upon request of the Municipal Law Enforcement Officer, the Licensee shall
produce the Licence and any other requested documents forthwith.
81. No Person shall withhold, destroy, conceal, or refuse to furnish any
information or thing required by a Municipal Law Enforcement Officer for
purposes of an inspection.
82. No Person shall obstruct or hinder or cause to be obstructed or hinder the
making of an inspection.
83. Where the Municipal Law Enforcement Officer believes that a contravention
of this By-law has occurred, they may issue:
(1)
An Order to discontinue the contravening activity;
(2)
An Order to correct the contravention; or
(3)
An Order to discontinue the contravening activity and correct the
contravention.
84. The Orders contemplated in section 83 shall set out:
(1)
The name of the Person who is believed to have contravened this By-
law and the municipal address or the legal description of the land to
which the contravention of the Licence applies;
(2)
Reasonable particulars of the contravention;
(3)
The date by which there must be compliance with an Order;
(4)
If applicable, the work to be done and the date by which the work must
be done; and
(5)
If applicable, a statement that the City may have the work done at the
expense of the Owner if the work is not done in compliance with the
Order.
85. An Order issued under this By-law may be served personally or served by
mail to the last known address of the Person and such other persons
affected by it as determined by the Municipal Law Enforcement Officer, and
a copy of the Order may be posted on any property to which the
contravention or Licence applies.
86. If an Order is served by registered mail, the service shall be deemed to
have been made 5 days after mailing.
87. Where service cannot be carried in accordance with section 85, the
Municipal Law Enforcement Officer may place a placard containing the
terms of the Order in a conspicuous place on the property to which the
contravention or Licence applies. The placing of the placard shall be
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deemed to be sufficient service of the Order on the Person or Persons to
whom the Order is directed.
88. Every Person who fails to comply with an Order made under this section is
guilty of an offence.
89. Where a Person is ordered to correct a contravention of this By-law under
section 83 and fails to do so, the City may remove any Animals subject to the
contravention.
90. The City may, at any reasonable time, enter onto the Premises to which the
contravention of Licence applies in order to carry out any existing work
required for compliance.
91. The Person who was ordered to correct the contravention shall consider all
expenses incurred by the City in carrying out any work contemplated by this
section, a debt owed to the City. Expenses shall be paid to the City within 30
days of the billing date. In the event of failure to pay the entire amount due
within 30 days, the outstanding balance of the expenses owed may be added
to the tax roll of the property to which the contravention or Licence applies
and collected in the same manner as property taxes.
PART IX - PIGEONS, HENS AND RABBITS
92. Except as permitted by subsection 66, no Person shall Keep or permit to be
Kept on any one Lot, more than two:
(1)
Pigeons;
(2)
Rabbits; or
(3)
Hens
93. No Person shall Keep or permit to be Kept more than two pigeons, hens or
rabbits on a Lot without a valid Licence and for the purposes of this By-law,
the Owner of the Lot shall be deemed to be the owner of a pigeon found in
or returning to a coop on the Lot.
94. No person shall Keep, or permit to be Kept, any Rabbits, Pigeons or Hens
except in accordance with the following rules:
(1)
Any person Keeping up to two Pigeons or Hens shall submit to the
City a completed application.
(2)
Any person Keeping up to two Pigeons or Hens shall notify Animal
Services should they move or no longer own Pigeons or Hens.
(3)
Except as permitted by section 98, no Person shall permit or allow any
Animal to trespass or to be at large.
(4)
For Dwelling Units on a Lot, each Animal shall be Kept in an Animal
quarter and not in the Dwelling Unit, except for up to 2 Rabbits.
(5)
Except for Pigeon coops as provided for in section 97, each Animal
quarter shall be at least 8 metres (25 feet) from any Dwelling, school,
store or shop, except where such dwelling or building is occupied
exclusively by the Property Owner or keeper of the Animals and other
persons residing in the same Dwelling Unit, and at least 2 metres (6
feet) from each boundary of the property on which it is located.
(6)
Each Animal quarter shall be constructed to prevent the escape of the
Animals Kept therein.
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(7)
The appearance of each Animal quarter shall be properly maintained
by regular painting, or shall be finished with permanent siding, and in
all cases, shall comply with the requirements of the Zoning By-law.
(8)
All equipment and material shall be kept within a building or structure,
or under cover.
(9)
All equipment and materials shall be screened from the view of the
general public, and, where it is necessary to do so, a hedge or other
such vegetation shall be planted or a solid fence erected, to act as a
screen.
(10) All refuse resulting from the Keeping of the Animals shall be contained
in air-tight containers in such a manner as to prevent odours and shall
be disposed of in a manner that will not create a public nuisance or
health hazard.
(11) All food for the Animals shall be kept in rodent-proof containers.
Pigeons
95. In addition to other requirements of this By-law and the Zoning By-law, the
following are the rules for Pigeon owners:
(1)
No Person shall keep more than 2 Pigeons on a Lot unless a Licence
is obtained from the Licence Issuer.
(2)
For the purposes of subsection 95(1) the licensing period shall be from
May 1 of a calendar year to April 30 of the following calendar year
(effective May 1, 2009);
(3)
The Applicant shall provide notice to adjoining property Owners that a
Licence for the Keeping of Pigeons has been applied for, and the
notice shall include:
(a)
information regarding the number of Pigeons to be Kept, and
(b)
information that the Application may be objected to by sending
an objection, in writing, to the Licence Issuer within 20 days of
delivery of the notice.
(4)
Notice under this section shall be deemed to be delivered:
(a)
in the case of mailed documents, 5 days following the mailing as
determined by the postmark;
(b)
in the case of personal delivery, e-mail or faxed document, the
day of delivery;
(c)
where more than one method of delivery is used, the operative
receipt date, is the latest of the possible receipt dates.
(5)
The Applicant shall provide the Licence Issuer with proof of delivery of
the notice to the adjoining property Owners in the form of a copy of the
notice and affidavit that the notice has been delivered.
96. A Licence shall be issued to an Owner whose Application meets all the
requirements of this By-law, except if the Licence Issuer is of the opinion
that:
(1)
The issuance or the holding of a Licence would be contrary to the
public interest in respect of:
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(a)
the health and safety of any person or Animal, or
(b)
a nuisance affecting any land or person in Brampton;
(2)
Any Application or other document provided to the Licence Issuer by
or on behalf of the Applicant contains a false statement, or provides
false information;
(3)
The Applicant does not meet all the requirements of this By-law or any
other City by-law.
(4)
Making a decision under clause 96(1)(b), the Licence Issuer shall
consider any objection received from an adjoining property Owner
regarding the proposed issuance of a Licence for the keeping of
Pigeons.
97. The Pigeon coop shall be located, constructed and maintained in
compliance with this By-law, the Zoning By-law and any other applicable
legislation.
98. Licensee shall follow:
(1)
A maximum of 60 Pigeons may be Kept on a Lot during racing season
which is from April 1 to October 31.
(2)
During non-racing season, the maximum number allowed is 40
Pigeons on a Lot.
(3)
All Pigeons must be banded with a recognized club or association.
(4)
All Pigeons must be Kept within the Pigeon coop except during the
permitted daily flight periods.
(5)
Each Pigeon may be released for no more than 2 flights a day.
(6)
Only one-half of the number of Pigeons Kept on the Lot may be
released for flight at any one time.
(7)
Pigeons may be released for flight during the following day flight
periods:
(a)
From April 1 to September 30 in each calendar year, only before
7:30 a.m. and after 6:00 p.m., and
(b)
From October 1 to March 31 in each calendar year, only before
10:00 a.m. and after 3:00 p.m.
(8)
The release of Pigeons for flights shall be under the supervision of the
Pigeon Owner or some other competent Person.
Hens and Rabbits
99. In addition to other requirements of this By-law and the Zoning By-law, the
following are the rules for Persons wishing to own more than two (2) Hens
or Rabbits:
(1)
No Person shall Keep more than two (2) Hens or Rabbits on a Lot
unless a Licence is obtained from the Licence Issuer;
(2)
No Person shall be licensed to Keep more than ten (10) Hens or ten
(10) Rabbits or total of ten (10) Rabbits and Hens in any combination;
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and
(3)
A Licence shall not be issued for Owners to keep more than two (2)
Hens or Rabbits on a Lot of less than one (1) acre in size.
100. All Hens and Rabbits must be Kept in an Animal quarter located,
constructed and maintained in compliance with this By-law, the Zoning By-
law and any other applicable legislation.
101. In addition to the requirements of Section 100, Animal quarters must be
located at least 8 metres (25 feet) from the rear Lot line and at least 8
metres (25 feet) from any side Lot line of the Lot on which the Animal
quarter is located.
102. For the purpose of subsection 99 (1):
(1)
The Licensing period shall be for 12 months commencing on the day
the Licence is issued;
(2)
The Applicant shall provide notice to adjoining property Owners that a
Licence for the Keeping of Hens and Rabbits has been applied for,
and the notice shall include:
(a)
information regarding the numbers and types of Animals to be
Kept, and
(b)
information that the Application may be objected to by sending
an objection, in writing, to the Licence Issuer within 20 days of
delivery of the notice.
(3)
Notice under this section shall be deemed to be delivered:
(a)
in the case of mailed documents, 5 days following the mailing as
determined by the postmark;
(b)
in the case of personal delivery, e-mail or faxed document, the
day of delivery;
(c)
where more than one method of delivery is used, the operative
receipt date, is the latest of the possible receipt dates.
(4)
The Applicant shall provide the Licence Issuer with proof of delivery of
the notice to the adjoining property Owners in the form of a copy of the
notice and affidavit that the notice has been delivered.
(5)
A Licence shall be issued to an Owner whose Application meets all
the requirements of this By-law, except if the Licence Issuer is of the
opinion that:
(a)
The issuance or the holding of a Licence would be contrary to the
public interest in respect of:
(i)
the health and safety of any person or Animal, or
(ii)
a nuisance affecting any land or person in Brampton.
(b)
Any Application or other document provided to the Licence Issuer
by or on behalf of the Applicant contains a false statement or
provides false information;
(c)
The Applicant does not meet all the requirements of this By-law
or any other City by-law.
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(6)
Making a decision under subclause 102 (5)(a)(ii), the Licence Issuer
shall consider any objection received from an adjoining property
Owner regarding the proposed issuance of a Licence for the keeping
of Hens and Rabbits.
103. Any Person holding a Licence under this section shall produce the Licence
upon the request of the Licence Issuer, Animal Control Officer or the
Manager.
104. A veterinarian who is Keeping Hens or Rabbits for treatment or other
purposes directly related to their practice of veterinary medicine is not
subject to licensing requirements or maximum numbers of Hens and
Rabbits.
PART X - APPEAL OF ORDERS
105. A Person who has been issued with a Muzzle and Control Order, an Order
pursuant to section 83, or a Licence Applicant may make an application for
a hearing to the Brampton Appeal Tribunal, provided the application is:
(1)
made in writing,
(2)
delivered to the City Clerk with the fee as outlined in the User Fee By-
law.
(3)
Must be received and accompanied with a full payment within 15 days
after the Order has been served or license refused.
106. In the event that a Muzzle and Control Order or Order pursuant to section
83 has been issued which has not been appealed to the Tribunal, the
Manager, Animal Services may determine that the Order may be modified
or revoked pending a request in writing from the Applicant or rectification of
the deficiencies required for compliance.
107. In the event that an Order has been appealed to the Tribunal and the Order
has been upheld or modified by the Tribunal, the Manager may submit a
recommendation to the Tribunal after receiving a request, in writing from the
Applicant, that the Order be modified or revoked by the Tribunal.
PART XI - FEEDING OF WILDLIFE
108. No Person shall feed or permit the feeding of any Wildlife or Wild Animal or
leave or permit the leaving of food or attractants of any type or in any form
outdoors in such a manner as to attract, or be accessible by, a Wild Animal,
feral or stray domestic Animal on private or public property.
109. Section 108 does not apply to the feeding of songbirds on a property,
provided the owner or occupier meets the following:
(1)
Places seed in a bird feeding device that is sufficiently above grade;
(2)
Maintained in a sanitary condition;
(3)
The feeding practices do not attract large flocks of homing birds such
as wild, feral or domestic pigeons;
(4)
Spillage of food upon the ground is removed by the person, property
owner or occupier forthwith and disposed of in such a manner that it
does not attract wildlife, wild Animals, feral or stray domestic Animals;
and
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(5)
The process of feeding does not interfere with the normal use or
enjoyment of any other property.
110. Section 108 does not apply in the following situations:
(1)
The leaving of food as bait in a trap by a property owner to capture a
nuisance Animal inhabiting or habituating on their property pursuant to
the Fish and Wildlife Conservation Act, 1997, S.O.1997, c.41 as
amended or any successor;
(2)
The leaving of food as bait by a licensed trapper, an employee of a
licensed wildlife or pest control agency, a Municipal Law Enforcement
Officer, a Provincial Animal Welfare Agent or a Peel Regional Police
Officer, in the performance of their work;
(3)
The leaving of food for a colony of Cats by a TNRM Operator and a
colony site approved by the Manager; or
(4)
Any land in an agricultural zone being actively used for cropland or the
raising of Livestock.
111. (1)
Every Person who engages in or permits Nuisance Feeding of Wildlife
shall immediately remove such food when directed to do so by the
City.
(2)
If the person fails to do so, the City may enter upon the Premises at any
reasonable time to remove the food at the Person's expense.
(3)
The City may recover the costs (plus interest) of removing the food from
the person required to do it, by action or by adding the costs to the tax roll
and collecting them in the same manner as property taxes. The amount
of costs including interest constitutes a lien on the land upon the
registration in the proper land registry office of the notice of lien.
PART XII - EXEMPTIONS
112. Nothing in this By-law shall apply to prohibit the keeping of an Animal in the
following places or circumstances:
(1)
The lawful operations of premises registered as a research facility or
supply facility under the Animals for Research Act;
(2)
A Pound;
(3)
An Animal Hospital or Veterinary Clinic;
(4)
A Licensed pet shop;
(5)
A premises used by the Ontario Society for the Prevention of Cruelty
to Animals or an affiliated society; or
(6)
Within educational facilities where Animals are being Kept for study,
research or teaching purposes in conjunction with and under the direct
sponsorship of a school board or the Ministry of Education.
113. This By-law does not apply to a Police Work Dog actually engaged in law
enforcement for the Peel Regional Police Services or other law enforcement
agencies.
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PART XII - INSPECTION POWERS
114. Every owner shall permit entry on the Lot for the purpose of enforcing this
or any other City by-law and it is an offence to obstruct any City employee
in the execution of his or her duties under this By-law.
PART XIII - ADMINISTRATIVE PENALTIES
115. A Municipal Law Enforcement Officer may require a Person, subject to the
conditions set out within the Administrative Penalties (Non-Parking) By-law
218-2019, as amended, or successor by-law, to pay an administrative
penalty if the Officer is satisfied that the Person has failed to comply with:
(1) a provision within this by-law; or
(2) an Order of an Officer as deemed confirmed or as confirmed or
modified by the Committee or a judge.
116. Every Person who is served a penalty Notice pursuant to section 115 is
liable to pay to the City of Brampton an administrative penalty in the amount
set out in the Administrative Penalties (Non-Parking) By-law 218-2019, as
amended.
PART XIV - CONTRAVENTION AND PENALTIES
117. Every Person who contravenes any provision of this By-law, including an
Order under this By-law, is guilty of an offence and on conviction liable to a
fine of not more than $5,000.00 exclusive of costs, under the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended, in respect of each
offence.
PART XV - SCHEDULES AND APPENDICES
118. All Schedules and Appendices attached to this By-law shall form part of this
By-law.
PART XVI - BY-LAW AMENDMENTS, REPEAL AND EFFECTIVE DATE
Amendments
119. The Brampton Appeal Tribunal By-law 48-2008, as amended, is amended
by deleting the definition of "Animal Control By-law" and replacing it with the
following:
""Animal Control By-law" means "Animal Services By-law 201-2023".
120. The Brampton Appeal Tribunal By-law 48-2008, as amended, is amended
by deleting the definition of "Dog By-law: and replacing it with the following:
""Dog By-law" means "Animal Services By-law 201-2023".
Repeal
121. By-law 261-93, By-law 250-2005 and By-law 238-2011, as may have been
amended, are repealed on the day this By-law comes into effect.
122. Any reference in a by-law referring to a by-law that was repealed pursuant
to Section 121 shall be deemed to be a reference to this By-law.
Office Consolidation - Animal Services By-law 201-2023 - Page 26 of 27
123. Licences issued under a by-law repealed pursuant to Section 121 shall be
deemed to be licences issued under this By-law and shall be valid for the
period of time a corresponding Licence issued under this By-law would be
valid.
Effective Date
124. This By-law comes into effect on the date of its passing by Council.
ENACTED and PASSED this 22nd day of November, 2023.
THE CORPORATION OF THE CITY OF BRAMPTON
Original signed by:
Patrick Brown - Mayor
Peter Fay - City Clerk
Office Consolidation - Animal Services By-law 201-2023 - Page 27 of 27
SCHEDULE "A" TO ANIMAL SERVICES BY-LAW 201-2023
Animals Prohibited
1. All Anseriformes (such as Ducks, Geese, Swans)
2. All Galliformes (such as Roosters, Grouse, Pheasant, Turkeys)
3. All Raptors (such as Eagles, Hawks, Falcons, Owls)
4. All Sciuridae (such as Prairie dogs, Giant squirrels and Flying squirrels)
5. All Marsupials (such as Kangaroos and Opossums)
6. All non-human Primates (such as Gorillas and Monkeys)
7. All Felids except the Domestic Cat (such as Servals, Lions and Tigers)
8. All Canids except the Domestic Dog (such as Wolves and Hybrids)
9. All Viverrids (such as Mongooses, Civets and Genets)
10. All Mustelids except the Domestic Ferret (such as Skunks and Weasels)
11. All Ursids (Bears)
12. All Artiodactylus Ungulates (such as cattle, goats, sheep and pigs)
13. All Procyonids (such as Raccoons, Coatis and Cacomistles)
14. All Hyaenas
15. All Perissodactylus Ungulates (such as Horses and Zebra)
16. All Elephants
17. All Pinnipeds (such as Seals, Fur Seals and Walruses)
18. All Snakes of the families Pythonidae and Boidae
19. All Venomous Reptiles
20. All Ratite Birds (such as Ostriches, Rheas, Cassowaries)
21. All Edentates (such as Anteaters, Sloths and Armadillos)
22. All Bats
23. All Crocodilians (such as Alligators and Crocodiles)
24. All Arachnids (such as Scorpions and Tarantulas)