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THE CORPORATION OF THE TOWN OF ERIN
BY.LAW #16- 33
A BY-LAW TO regulate the keeping of animals and
any class thereof that may be kept by any person on
lands within the Town of Erin, and to repeal By-laws
13-34 and 14-21.
Whereas subsection 11 of the MunicipalAct, 2001 provides that the Town
of Erin may pass by-laws respecting animals.
And whereas subsection 103 of the Municipal Act provides that the Town of
Erin may impound animals.
NOW THEREFORE THE COUNCIL OF THE TOWN OF ERIN HEREBY
ENACTS AS FOLLOWS:
PART 1 - DEFIN¡TIONS
Dog
shall mean a domesticated mammal commonly
known as a dog of any canine species apparently
over the aqe of twelve (12) weeks.
Cat
shall mean a domesticated mammal of the Felis
Catus species commonly known as a cat apparently
over the age of eight (8) weeks.
Exotic Animal
shall mean any member of the animal kingdom of
living beings not indigenous to CANADA including
and without limiting the generality of the foregoing,
mammals, birds and reptiles which are set out in
Schedule "A" to this by-law but shall not include any
Domestic Animals.
Keep
shall include harbouring or possessing for any period
of time, whether temporary or not.
Wild Animals
shall mean any animal indigenous to Canada of a
wild nature or disposition (ferae naturae).
PART 2 . PROHIBITED ANIMALS
(a) No person shall keep, or cause to be kept, any exotic animal within
the Town of Erin as described but not limited to Schedule A of this
By-law.
(b) No person shall keep, or cause to be kept, a venomous reptile, or
venomous insect within the Town of Erin.
(c) No person shall keep, or cause to be kept, any wild animal in the
Town of Erin except on a temporary basis while such animal is
injured or unable to fend for itself.
(d) Every person keeping a reptile or insect which is not prohibited by
this by-law shall keep it in an escape-proof enclosure.
(e) No person shall keep, or cause to be kept, a horse, donkey, pony,
llama, mule, cattle beast, goat, swine, sheep, ostrich or licensed
wildlife within the Town of Erin except on land zoned to permit
agricultural uses as enacted under Section 34 of the Planning Act,
R.S.O. '1990 Chap.P.13, as amended.
PART 2Al - EXEMPTIONS
The provisions of Section 1) do not apply to;
a) ln a veterinary hospital under the care of a licensed
veterinarian;
b) lnstitutions accredited by the Canadian Association of
Zoological Parks and Aquariums;
c) Any person licensed or exempted under the Animals for
Research Act, R.S.O. 1990 Chap.A.22, as amended,
d) Any person while temporarily exhibiting exotic animals or wild
animals to elementary schools, secondary schools, universities,
or provincial institutions;
e) By anyone holding a license under any statute of the
Legislature of Ontario or the Government of Canada which
permits the keeping of animals understated conditions.
PART 3) REGULATIONS pertaining to the keeping of Collobiformes,
Galliformes and Anserformes:
a. ln an Agricultural (A) Zone in the Town of Erin Zoning Bylaw, no
person shall keep Collobiformes (pigeons and doves), Galliformes
(pheasants, grouse, guinea fowl, turkeys, chickens and peafowl),
Anserformes (ducks, geese, swans, screamers) in the open or in an
enclosed or accessory structure that is:
Within 10 metres of a house, school or church on an adjacent
property, or
Within 3 metres of a side or rear lot line as defined in the Town
of Erin Zoning Bylaw, or
ln a front or side yard as defined in the Town of Erin Zoning
Bylaw
b. ln a R1, R2, R3 and FD Zone in the Town of Erin Zoning Bylaw, in
addition to the provisions of 3a, the following additional provisions
apply:
No more than 60 Collobiformes, 5 Galliformes or 5 Ansedormes
may be permitted on a property,
All enclosures or accessory building housing any of the above
animals shall be designed and constructed to be escape proof
and no birds are permitted to stray, perch, roost or rest upon
lands, premises or buildings of any person or upon any public
place, except on the property of the person keeping the birds,
All enclosures or accessory buildings shall be kept in a good
state of repair
All refuse resulting from the keeping of birds shall be contained
in air tight containers to prevent odours and disposed of in a
manner that does not create a public nuisance or health hazard
Dead birds shall be disposed of in a manner that prevents
infectious diseases and protects public health
c. No person shall keep Collobiformes, Galliformes or Anserformes in any
zone in the Town of Erin except those set out in 3a and 3b above.
PART 4) PENALTTES & OFFENCES
Any person who contravenes any provision of this By-law is guilty of an
offence pursuant to the Provincial Offences Act, and upon conviction is
liable to a fine for each offence committed or as set out in the
Provincial Offenses Act as amended from time to time.
PART 5) EFFECTIVE DATE
This by-law shall take effect on the date of enactment
PART 5) REPEAL OF BY.LAWS
By-law 13-34 and By-law 14-21 are hereby repealed upon enactment
of this By-law.
Passed in open Council on June 7,2016
Mayor
Clerk
IV
V
By-Law #16-
Schedule A
PROHIBITED ANIMALS
No person shall keep animals belonging to the following orders of animals;
Ganidae
(eg, coyotes, wolves, foxes hybrid wolf dogs) except
dogs;
Rodentia
(e.9.. such as porcupines and prairie dogs ) except
rodents which do not exceed 1,500 grams and are
derived from self -sustaining captive populations
Chiroptera (e.9. bats, myotis and flying foxes);
Crocodylia (e.9. alligators, crocodiles, gavials and caimans);
Edentates (e.9. anteaters, sloths and armadillos);
Felidae
(e.9. tigers leopards cougars) except domestic cats;
Hyaenidae (e.9. hyaenas)
Marsupialia (e.9. koalas kangaroos, opossums and wallabies) except
sugar gliders derived from self-sustaining captive
populations;
Primates
(e.9. chimpanzees, gorillas, monkeys and lemurs);
Proboscidea (e.g.elephants, rhinoceros, hippopotamuses);
Squamata (e.9. lizards and snakes) except;
A)
Non-venomous snakes where neither the female nor the
male of the species exceeds or will exceed 3 metres in
length from nose to tip of tail before or at maturity;
B)
Non-venomous lizards (not including lguana) where
neither the female nor the male of the species exceeds or
will exceed 2 metres in length from nose to tip of tail
before or at maturity;
Ursidae
(bears)
Viverridae (such as mongooses, civets & genets)
Wi ld I ife/Endan gered Species