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Exotic-Animals.pdf"
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---
Tfie Corporation ofthe 9Wunicipality of
in
i
BY-LAW NO. 777
Being a By-law to Prohibit and Regulate the Keeping of Exotic
Animals in the Municipality of Central Elgin.
WHEREAS Section 11( 1) of the Municipal Act, S. O., 2001, Chapter 25, provides that
by-laws may be passed by councils of local municipalities respecting matters
pertaining to animals.
NOW
THEREFORE
COUNCIL OF THE CORPORATION
P11 ,
C'
MUNICIPALITY
OF CENTRAL ELGIN ENACTS AS FOLLOWS:
1. "
Exotic Animal" shall mean a wild or non domesticated animal whether or not
kept in captivity and includes but is not limited to: tarantula, scorpion camel,
antelope, giraffe,
hippopotamus,
wolf, jackal, fox,
coyote,
bat, alligator,
crocodile, armadillo, sloth, leopard, lion, tiger, lynx, panther, puma, cheetah,
jaguar, bobcat, ocelot, mongoose, hyena, shrews, moles, bandicoot, kangaroo,
opossum, wombat, koala, Tasmanian devil, skunk, marten, polecat, weasel,
otters, badgers, mink, fisher, wolverine, tapir, zebra, rhinocerous, seal, walrus,
sea lion, ape, lemur, monkey, gorilla, elephant, coati, raccoon, ringtail, eagle,
hawk, owl, vulture, falcon, bear, venomous snakes, venomous lizards, python,
boa, anaconda, and civet. Exotic Animal does not include cats, dogs, deer, elk,
rabbits, bison, rodents, horses, cattle, mules, donkeys, ponies, sheep, goats,
swine, chicken, geese, turkey, duck, emu, ostrich, llama, homing pigeon,
powder pigeon, tumbler pigeon, turtle, chinchilla, non -venomous snake, non -
constricting
snake,
non -venomous
lizard,
non -venomous
spider,
cardinal,
pheasants,
finch,
budgie,
bulbul,
canary,
tanagers,
amazons,
cockatoos,
conjures, macaws, parakeets,
cockatiels, lorikeet, touraco, toucans, oriels,
mynahs, magpies, barbets, ascaris, pied harebells, and chock -of -the -rocks.
Where an exotic animal has been bred with a non -exotic animal, the resulting
offspring shall be deemed to be an exotic animal for the purposes of this
definition;
Keep" shall mean own, possess or harbour;
Animal Control Officers" shall mean a person or persons appointed by the
Council whose duties shall include the administration and enforcement of the
Exotic Animal By-law.
2. (
1)
No person shall within the Municipality of Central Elgin, keep an
exotic animal.
2)
Notwithstanding
section 2 ( 1), the prohibition shall not apply to:
a)
an animal hospital or clinic which is lawfully operated and
supervised
by
a veterinarian
licensed
by
the
Ontario
Veterinary Association; providing the animals are kept in
secure, humane, and escape -proof, cage, tank or enclosure.
3. (
1)
Applications for temporary exemption from the application ofthis by-
law, with a duration of up to thirty (30) days from the date so granted, may be
received by counsel from, among others, traveling circuses, film industries, or
persons delivering educational programs.
2)
Any application for a temporary exemption from this by-law must be
supported by appropriate documentation as to intended use of exotic animal or
animals and the grounds under which such exemption is being sought, which
documentation should address, among other things, the details ofhousing of
such exotic animal or animals, anticipated care measures in relation to the
keeping ofsuch exotic animal or animals while within the Municipality of
Central Elgin, and emergency procedures to be implemented relative to the
presence of such exotic animal or animals within the Municipality of Central
Elgin as well as for any member ofthe general public potentially adversely
affected by the presence of such exotic animal or animals within the
Municipality of Central Elgin.
3)
Each application for a temporary exemption pursuant to this section
will be received and reviewed by Council for the Municipality of Central
Elgin on an individual basis. In this regard, Council may consult with a panel
of experts in the field of exotic animals and possesses the full and unfettered
discretion to either refuse the application for temporary exemption or grant a
conditional temporary exemption of a during of not more than thirty (30)
days.
4. (
1)
Applications for exemptions from the effect of this by-law, to be
effective for a period of not less than thirty (30) days and not more than three
hundred sixty-five (365) days, may be received and considered by Council for
the Municipality of Central Elgin.
2)
Any application for an exemption from this by-law and pursuant to
this section must be supported by appropriate documentation as to intended
use of exotic animal or animals and the grounds under which such exemption
is being sought, which documentation should address, among other things, the
details of housing of such exotic animal or animals, anticipated care measures
in relation to the keeping of such exotic animal or animals while within the
Municipality of Central Elgin, and emergency procedures to be implemented
relative to the presence of such exotic animal or animals within the
Municipality of Central Elgin as well as for any member of the general public
potentially adversely affected by the presence of such exotic animal or
animals within the Municipality of Central Elgin.
3)
Each application for exemption submitted pursuant to this section will
be received and reviewed by Council for the Municipality of Central Elgin on
an individual basis. In this regard, Council may consult with a panel of
experts in the field of exotic animals and thereafter possesses the full and
unfettered discretion to either refuse such application or grant a condition
exemption of a duration of not less than thirty ( 30) days and not more than
three hundred sixty-five (365) days.
PART III --
ENFORCEMENT
5. Animal Control Officers shall administer and enforce this By-law.
6. Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction liable to pay any penalty provided by the
Provincial
Offences Act.
7. The Court in which a conviction has been entered and any court of competent
jurisdiction thereafter may make an order prohibiting the continuation or
repetition of the offence by the person convicted and such order shall be in
addition to any other penalty imposed on the person convicted.
AUIKE,
M
8. Nothing herein shall limit the power of the Municipality to enforce the terms
of this By-law by seeking any other remedy in a Court of competent
jurisdiction.
READ
a
IRST, a SECOND and a TBHW TIME and FINALLY PASSED this
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d0,0 August, 2005. If