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Am€ndment
ll
By-law 2016-175
THE CORPORATION OF THE CITY OF CORNWALL
By-law # 2013-205
Pigeon Control By-Law
WHEREAS Section 128 oÍ the Municipal Act, 2001 S,O 2001 c.25 (the "Act") provides that
Council may prohibit and regulate with respect to public nuisances, including matters that, in
the opinion of Council, are or could become or causes public nuisances; and
WHEREAS Section 10(2) of the Act prov¡des that a council may pass by-laws respecting
animals; and
WHEREAS Section 11.1 of the Act defines and "animal" as being "any member of the animal
kingdom, other than a human"; and
WHEREAS Council of the Corporation of the Cíty of Cornwall has determined that it is in the
public interest regulate the keeping of pigeons and to control pigeon populations within the
municipal boundaries of the City of Cornwall,
NOW THEREFORË BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF
THE CITY OF CORNWALL ENACTS AS FOLLOWS:
1.
DEFINITIONS
For the purposes of this By-law:
1.1 "City of Cornwall" means the Corporation of the City of Cornwall
1.2 "Dwelling" means a building occupied orcapable of being occupied as the home or
the residence of one or more persons.
1.3 "Flight" means a supervised and temporary release of one or several Pigeons from
their Pigeon Enclosure.
1,4 "Keep" "Kept" or "Keeping" when used with respect to Pigeons, means to keep,
harbour, breed or maintain Pigeons.
1.5 "Lot" means a parcel of land capable of being independently conveyed;
1.6 "person" íncludes an individual, association, firm, partnersh¡p, corporation, trust,
organization, trustee and agent;
1.7 "Pigeon" means any member of the Columba genus, including birds commonly
referred to as common pígeons, racing pigeons, fancy pigeons, utility pigeons and flying or
sporting pigeons,
1.8 "Pigeon Keeper" means any person who, at any time or from time to time, keeps,
harbours, breeds or is in control of ten (10) or more Pigeons;
1.9 "Pigeon Keeping Association" means a recognized pigeon association which is
affiliated with a national pigeon association
2.
PIGEON KEEPING IN COMPLIANCE WITH THIS BY.LAW
No person shall Keep Pigeons except in accordance with this By-law.
3.
RESTRICTIONS
3.1. No person shall Keep more than eighty (80) Pigeons on any Lot at any given time.
3.2, No person shall Keep Pigeons within or under a Dwelling or within any structure
which is physically attached to a Dwelling.
4.
PIGEON KEEPING ASSOCIATIONS
Every Pigeon Keeper shall be a member of a Pigeon Keeping Association.
5.
PIGEON IDENTIFICATION AND REGISTRATION
5.1. Every Pigeon Keeper shall ensure that every Pigeon within his or her care or control
IS:
a.
ldentified with a metal or plastic leg band;and,
b-
Registered with a Pigeon Keeping Association.
6.
PIGEON ENCLOSURES AND MAINTAINENANCE
6.1. Pigeon Keepers shall, at all tímes, Keep Pigeons within a Pigeon Enclosure
constructed and maintained in accordance with Subsection 6.2.
6.2. Every Pigeon Enclosure shall:
a.
Cornply with all provisions of the Zoning By-law of the City of Cornwall, as amended
from time to time, applicable to accessory structures including provisions regulating the size
and height of accessory structures;
b.
Provide a minimum of one metre (1m) of loft space for every ten (10) Pigeons;
c.
Provide a minimum of thirty centimetres (30cm) of space under the floor of the
Pigeon Enclosure for cleaning purposes;
d.
Notwithstanding Subsection 6.2.a, be a minimum of three metres (3m) from any
boundary line of any Lot; and,
e.
Notwithstanding Subsection 6.2.a and 6.2,d, be a minjmum of ten metres (l0m) from
any school, church, public hall, retail store or Dwelling on another Lot.
6-3. Every Pigeon Keeper shall
a.
maintain any Pigeon Enclosure(s) in a state of good repair through regular painting or
installation of permanent siding;
b.
maintain all equípment associated with the Keeping of Pígeons under cover;
c.
lime wash, paint or disinfect the inside walls and ceÍlings of all Pigeon Enclosures;
d.
remove and dispose of, at least twice each week, in a sanitary manner that will not
create a publicnuisance orhealth hazard, all Pigeon droppings and refuse within or adjacent
to any Pigeon Enclosure or on any Lot where Pigeons are Kept; and
store all Pigeon feed in weatherproof, rodent-proof containers,
PIGEON FOOD SOURCES
7.1, No person shall throw or place or permit to be thrown or placed any type of food in a
yard for the purpose of feeding Pigeons.
7.2. Notwithstanding Subsection 7.1, any person may place up to three (3) bird feeders
on any Lot for the purpose of dispensing commercially available bird food such as seed and
nectars provided that Sections 7.3 and 7 .4 of this By-law are complied with
7 .3. Bird feeders placed on any Lot in accordance with Subsection 7.2 shall be:
a.
suspended a minimum of one hundred and twenty centimetres (120cm)
(approximately 4 feet)above the ground; and,
b.
kept clean by being regularly disinfected
e
7
7.4. The ground beneath any bird feeder shall be maintained and raked to remove bird
food and bird droppings.
7.5. Bird feeding activity shall not be a nuisance to or interfere with the normal use and
enjoyment of neighboring properties and premises.
8.
DISEASED PIGEONS
No person shall Keep any Pigeon afflicted with an infectious or contagious disease, unless
under conditions approved by the Medical Officer of Health.
9,
PIGEON LIBERATION
9.1. Notwithstanding Section 6.1 of this By-law, Pigeon Keepers may undertake Flights in
accordance with the following restrictions:
a.
A total of two (2) Flights daily may be undertaken and only :
i.
before g:00 a.m. or after 5:00 p.m. between April 1"'and September 30* in any one
year; and,
¡i.
before 10:00 a.m. or after 3:00 p.m. between October 1o and March 31st in the
following year.
Each Flight permitted under Section 9.1.a shall:
include no more than thirty (30) Pigeons; and
ii.
be supervlsed by the Pigeon Keeper or by a competent person on the Pigeon
Keeper's behalf.
9.2. Nolhing in this Section 9 shali be construed to limit Flights scheduled by a Pigeon
Keeping Association.
10. EXEMPTIONS
10.1 . Nothing in this By-law shall be deemed to prevent a farm, meeting the definition of an
"agricultural operation" under lhe Farming and Food Production and Protection Act , 1998,
S. O. 1998, C. I from carrying out normal farming practice as defined by that Act.
10.2. Nothing in this By-law shall be deemed to prohibit the keeping of domesticated birds,
other than PÍgeons, entirely within a Dwetlíng.
b.
11. ADMINISTRATION
Every Pigeon Keeper shall, within two (2) calendar months following the date this By-faw
Amendment is adopted by the City of Cornwall, and annually thereafter, provide to the
By-law Division of the City of Cornwall:
a.
proof of membership in a Pigeon Keeping Association;
b.
confirmation of the number of Pigeons that he or she is Keeping;
c.
a sketch or similar record of the number, dimensions and locations of every Pigeon
Enclosure which the Pigeon Keeper owns, maintains and/or causes to be maintained;
d.
proof that every Pigeon Kept by the Pigeon Keepêr is identified and registered in
accordance with Section 5 of this By-law.
12. ENTRY
12.1. A Municipal Law Enforcement Officer may enter upon any ]and, building or property
to ascertain whether the provisions of this By-law are complied with and to enforce and carry
into effect the provisíons of this By-law.
12.2. Notwithstanding Section 12.1, príor to entering a Dwelling which is actually used as a
Dwellíng, a Municipal Law Enforcement Officer shall first obtain the consent of the occupier
or shall obtain an order or warrant from a judge or justice of the peace of the provincial court.
13. OFFENCES
13.'1, Ëvery person who contravenes any of the provisions of this By-law is guilty of an
offence.
13.2. Evory person who hinders or obstructs, or attempts to hinder or obstruct, a by-law
officer, or any person acting under the direction of the City of Cornwall, in the enforcement or
attempted enforcement of this By-law is guilty of an offence.
14. PENALTIES
14.1. Every person who contravenes any provision of th¡s By-Law or fails to
mply with an order made under this ByJaw is guilty of an offence and upon
is liable:
(a)
on a first conviction, to a fine of not more than $ 5,000; and
(b)
on a subsequent conviction, to a fine not more than $ 10,000
14.2. Upon registering a conviction for the contravention of any provision of this By-law, in
addition to any other remedy and to any penalty imposed by the By-law, the court in which
the conviction has been entered and any court of competent jurisdiction thereafter may rnake
an order directing compliance with the By-law and prohibiting the continuation or repetition of
the offence by the përson convicted.
15. ULTRA VIRES
Should any sections of this By-law be declared by a court of competent jurisdiction to be
ultra vires, the remaining sections shall nevertheless remain valid and binding.
16. EFFECTIVE DATE
16.1. This By-law shall come into force and effect on the AB day of &t. ,2013
Read, signed and sealed in Open Councilthis 28th day of October,2013.
L. PO RIER
DEPUÏY CITY CLERK
BO
L
MAYOR
THE CORPORATION OF THE CITY OF CORNWALL
By-law # 2016-175
A By-Law to amend the Pigeon Control By-Law * 2013-205 to prohibit domestic
pigeon keeping in the CBD and Colll 70 Zones including by all currently existing
pigeon keepers
whereas section 128 of the Municipal Act, 2001 s.o .2001 c.2s (the "Act")
prov¡des that council may proh¡b¡t and regulate with respect to public
nuisances, including matters that, in the opinion of council, are or could
become or causes public nuisances; and
Whereas Section 1o(2) of the Act provides that a council may pass by-laws
respectÍng animals; and
whereas section 11.1 of the Act defines an "animar" as being "any
member of the animal kíngdom, other than a human"; and
Whereas Council of the Corporation of the City of Cornwall has determined
that it is in the public interest to amend Pigeon Control By-Law #2013-2os
to regulate the keeping of birds within the municipal boundaries of the City
of Cornwall; and
Whereas the geographic areas identified as the Central Business District
(cBD) zone and the commercialTo (coM 70\zone in the corporation of
the City of Cornwall's Zoning By-Law #7s1-1g69 (as amended from time to
time) are characterized by a concentration of commercial uses including
restaurants, retail stores, food stores and high density residential uses and
the keeping of pigeons in these areas produces a disproportionate level of
nuisance and gives rise to health and safety concerns; and
whereas council is desirous of amending pigeon control By-Law #
2013-205 to prohibit the keeping of pigeons in the above-referenced areas;
and
Whereas it is the intention of Council that this prohibition should apply to
pre-existing Pigeon Enclosures and prohibit any and all pigeon Keeping
activities within the prescribed areas.
Now therefore be it resolved that The Council of the Corporation of the City
of Cornwall enacts as follows:
A.
That the Pigeon Control By-Law be amended to include the following
provisions:
3. "Restrictions"
Add item 3.3 which is to read "No person shall Keep Pigeons within
the geographic areas labelled as the central Business District (cBD)
Zone and the CommercialT0 (COM 7Q)Zone and illustrated on
"schedule'B', Downtown cBD Area" and "schedule'c'commercial 70
area" in the Corporation of the City of Cornwall's Zoning By-Law
#751-1969, as may be amended from time to time."
10. "Exemptions"
Add item 10.3 which is to read "For greater certainty, no person is
exempt from compliance with the provisions of this By-Law solely
because he/she Kept Pigeons on or before the date this By-Law or any
amendment hereto came into effect."
17. "Transition"
Add item 17, "Transition", which is to read "Notwithstanding sections 3.3
and 10.3 of this By-Law, any person who Kept Pigeons as of October
24, 2016 shall have until April 1,2017 to bring him/herself into
compliance with section 3.3 of this By-law."
B.
Transition
This By-Law, being an amendment to the Pigeon Control By-Law #
2013-201 shall come into effect on the 24'n day of October,2O16.
Read, signed and sealed in open council this 24th day of october, 2016
non L. Levesque
Le
e
Deputy City Clerk
Mayor
Shaughnessy