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Whereas the Municipal Council ("Council") of The Corporation of the Town of Fort Erie (the
"Town") enacted By-law No. 119-97 on July 21, 1997, as amended, to regulate and restrict the
keeping of dogs, and prohibit the running-at-large of dogs in the Town; and
Whereas Council enacted By-law No. 146-2001 on August 20, 2001, as amended, to
regulate and prohibit the keeping of exotic animals in the Town; and
Whereas Council enacted By-law No. 176-2001 on September 24, 2001, as amended,
to regulate dangerous dogs in the Town; and
Whereas at the Special Council meeting held on November 18th, 2020, Council considered
and approved Resolution No. 8, as amended, postponed from August 24, 2020, to create a
comprehensive animal by-law in respect to all animal species to ensure safe animal harbour,
handling and protection; and
Whereas Subsection 8(3) of the Municipal Act, 2001, S.O. 2001, c. 25 grants municipalities
broad powers to govern, regulate, and licence in accordance with Section 11 of the
Municipal Act, 2001; and
Whereas Subsection 10(2) of the Municipal Act, 2001 authorizes municipalities to enact by-
laws in respect to animals; and
Whereas Subsections 11(2) and 11(3) of the Municipal Act, 2001 authorizes lower tier
municipalities to enact by-laws respecting the health, safety and well-being of persons, and the
protection of persons and property; and
Being an Animal Welfare By-law, Governing the Care,
Licensing, and Regulating of Dogs, Cats,
and Other Animals, and to
Repeal By-law Nos. 119-97, 156-97, 23-2000, 82-2001,
46-2001, 176-2001, 81-2003, 32-04, 33-04, 135-10, 58-12,
106-2015, 107-2015,74-2018, and 13-2019
The Municipal Corporation of the
Town of Fort Erie
By-law No. 73-2021
By-law No. 73-2021
Page 2
Whereas Subsection 103(1) of the Municipal Act, 2001 confers the power upon municipalities
to enact by-laws governing the seizure and impoundment of animals being at large or
trespassing, and the subsequent disposition of impounded animals subject to conditions; and
Whereas Section 105 of the Municipal Act, 2001 requires municipalities to convene for a
Hearing, subject to prescribed conditions, if an animal owner is aggrieved by a muzzling order;
and
Whereas Section 425 of the Municipal Act, 2001 authorizes a municipality to enact by-laws
making it an offence to contravene a by-law; and
Whereas Subsection 434.1 of the Municipal Act, 2001 confers the power upon municipalities
to enact by-laws to impose administrative monetary penalties for failure to comply with by-law
provisions; and
Whereas the Municipal Act, 2001 further authorizes the Town to enact by-laws to provide for,
without limitation, delegation of its authority, imposition of fees, entry on land, inspections, and
appeals; and
Whereas the Animals For Research Act, R.S.O. 1990, c. A.22 generally provides for the
redemption and destruction of impounded animals; and
Whereas the Pounds Act, R.S.O. 1990, c. P.17 generally provides for the appointment of a
Poundkeeper, and for the recovery of expenses associated with impounding animals running-
at- large; and
Whereas the Dog Owners Liability Act, R.S.O. 1990, c. D. 16 generally provides for owner
liability for dog attacks or bites; and
Whereas the Provincial Animal Welfare Services Act, S.O. 2019, c. 13 generally provides for
greater animal protection and humane treatment of animals; and
Whereas Council approved the initiative to enact a comprehensive new animal by-law;
Now therefore the Municipal Council of The Corporation of the Town of Fort Erie enacts as
follows:
By-law No. 73-2021
Page 3
TABLE OF
CONTENTS
PART I:
1. Short Title ......................................................................................................................... 5
2. Applicability and Scope .................................................................................................... 5
3. Definitions .....................................................................................................5
4. Interpretation .................................................................................................................. 12
PART II:
5. Licensing of Cats and Dogs............................................................................................ 12
6. Identification Tags .......................................................................................................... 14
7. Kennels .......................................................................................................................... 15
PART III:
8. Keeping of Cats and Dogs ............................................................................................. 19
9. Animals Running-at-Large .............................................................................................. 20
10. Animal Impoundment ..................................................................................................... 21
PART IV:
11. Basic Standards of Care ................................................................................................ 23
12. Standards of Care for Animals Living Outdoors ............................................................. 24
13. Standards of Care regarding Unsanitary Conditions ...................................................... 25
14. Euthanasia ..................................................................................................................... 25
PART V:
15. Pens and Enclosures ..................................................................................................... 26
16. Tethers ........................................................................................................................... 26
17. Unattended Animals in Vehicles ..................................................................................... 27
18. Animal Noise................................................................................................28
PART VI:
19. Potentially Dangerous Dogs and Dangerous Dogs ........................................................ 28
PART VII:
20. Animal Traps .................................................................................................................. 32
21. Feral Cats ....................................................................................................................... 33
22. Livestock ........................................................................................................................ 33
23. Exotic Animals ................................................................................................................ 35
By-law No. 73-2021
Page 4
PART VIII:
24. Licence Suspensions, Refusals, and Revocation................................................36
25. Appeals......................................................................................................36
26. Service......................................................................................................38
PART IX:
27. Enforcement and Right of Access....................................................................39
PART X:
28. Penalties....................................................................................................40
29. Administrative Monetary Penalties...................................................................41
30. Collection of Unpaid Fines..............................................................................41
PART XI:
31. Modifications...............................................................................................41
32. Severability.................................................................................................42
33. Immunity....................................................................................................42
34. Repeal.......................................................................................................42
35. Force and Effect..........................................................................................42
SCHEDULES:
1. Schedule "A": Animal Species Classifications.....................................................43
2. Schedule "B": Exotic Animal Exceptions............................................................46
3. Schedule "C": Administrative Monetary Penalties.................................................47
By-law No. 73-2021
Page 5
1. SHORT TITLE
This By-law may be referred to as the "Animal By-law".
2. APPLICABILITY AND SCOPE
(1) The provisions of this By-law apply to the entire geographic area and boundaries
of the Town.
(2) If there is a conflict between a provision of this By-law and any other by-law of the
Town, or a provincial or federal statute or regulation, the one that is most
restrictive prevails.
(3) The provisions of this By-law do not apply to:
(a) bees;
(b) any display held by an agricultural or horticultural organization incorporated
under the Agricultural and Horticultural Organizations Act, R.S.O. 1990, c.A.9.;
(c) the lands and premises being utilized as a zoo, and lawfully permitted to
operate as such;
(d) an animal hospital or clinic lawfully operated and supervised by a veterinarian.
(e) an Activity permitted under the Fish and Wildlife Conservation Act, S.O. 1997,
(f) an Activity regarding agricultural animal care, management or husbandry
carried on in accordance with:
(i) any standards of care or administrative requirements that expressly
provide that they apply to that Activity; or
(ii) if no standards of care or administrative requirements expressly provide that
they apply to that Activity, the reasonable and generally accepted practices
of agricultural animal care, management or husbandry.
3. DEFINITIONS:
For the purpose of this By-law:
(a) "accredited veterinary facility" means a veterinary facility as defined in the
Veterinarians Act, R.S.O. 1990, c.V.3, and is accredited under the Veterinarians Act.
By-law No. 73-2021
Page 6
(b) "agricultural operation" means a business operated outside the Town's Urban
Boundary in an agriculturally zoned area for the principal purposes of producing
and processing agricultural products and operating abattoirs, and which involves
commitment of finances, time, size, and scope and with a reasonable expectation
of profit.
(c) "animal" means any member of the animal kingdom other than human.
(d) "Animal Control Officer" means a person or a corporation, including said
corporation's employees, agents, and representatives, that has entered into a
contract with the Town for the control and regulation of animals within the Town,
including Poundkeeper services, or who are employed by the Town for the control
and regulation of animals within the Town, and includes a Municipal Law
Enforcement Officer, a police officer, and any other party contracted by the Town to
provide such services.
(e) "appeal" means an application by an individual or entity aggrieved by conduct
initiated in accordance with this By-law.
(f) "attack(ed)" means physical contact, other than friendly or accidental contact, by
an animal that results in bleeding, bone breakage, bruising, a scratch or a sprain
to a person or an animal.
(g) "bite" means piercing or puncturing of skin inflicted by the tooth or teeth of an animal.
(h) "business day" means a weekday, excluding a day that is a holiday recognized by
the Town.
(i) "cat" means a domesticated male or female feline of any breed or crossbreed,
other than a Savannah cat, of the species Felis catus.
(j) "Clerk" means the Clerk of the Town or his or her designate.
(k) "commercial kennel" means a premise of an establishment where more than two (2)
dogs are boarded, bred, kept or trained for remuneration, and includes a duly
licensed pet daycare and similar in-home pet boarding facility.
(l) "Committee" means a Committee consisting of three (3) members of Council
convened to hear an Appeal under this By-law known as the "Dangerous
Dogs Appeals Committee".
(m) "control" means the ability to manage, direct, restrict, and restrain the movements
of an animal at all times.
(n) "Council" means Town Council.
By-law No. 73-2021
Page 7
(o) "critical distress" means distress that requires immediate intervention to
prevent serious injury and/or to preserve life.
(p) "dangerous dog" means any dog, other than a police work dog or guard dog, who
has, in the absence of any mitigating factor, attacked, bitten, or caused injury or
death to a person or animal; and as more particularly described in Section 19 herein.
(q) "distress" means the state of being:
(i) in need of proper care, water, food or shelter; or
(ii) injured, sick, in pain or suffering; or
(iii) abused or subject to undue physical or psychological hardship, privation or
neglect.
(r) "dog" means any male or female domesticated canine of any breed or crossbreed,
other than wolf-dogs or coy-dogs, of the species Canis familiaris, but does not
include a police work dog, a guard dog, or a guide dog.
(s) "dwelling" means a place occupied by at least one (1) person as an independent
home or residence with a private entrance, which contains food preparation and
sanitary facilities for the exclusive use of the occupant/s thereof.
(t) "exotic animal" means any animal or class of animals enumerated in Schedule
"A" herein.
(u) "feral cat" means any cat found in Town with no owner and which cat is not
socialized and exhibits fear and resistance to humans.
(v) "guard dog" means any dog trained and duly licensed to inflict injury, maim,
immobilize or display a threatening or aggressive disposition for security purposes
on licensed industrial or commercial use lands.
(w) "guide dog" means a dog duly designated in the Accessibility for Ontarians with
Disabilities Act, S.O. 2005, c.11 and Blind Persons Rights Act, R.S.O. 1990, c.B.7,
as amended.
(x) "Hearing" means an administrative proceeding held pursuant to the Statutory Powers
and Procedures Act R.S.O. 1990 c. S. 22, and more particularly described in Section
27 herein.
(y) "hunting" means lying and waiting for, searching for, being on the trail of, pursuing,
chasing or shooting at wildlife, whether or not the wildlife is killed, injured, captured
or harassed and does not include trapping.
(z) "identification tag" means a disc or other shape of metal or plastic issued and
dispensed by the Town or Poundkeeper or Licence Agent further to an approved
cat or dog license application and registration.
(aa) "impound" means to confiscate, confine, hold or take possession.
By-law No. 73-2021
Page 8
(bb) "keep" means to have temporary or permanent control or possession of an
animal, and the word "harbour" has a similar meaning.
(cc) "kennel" means a purebred kennel or commercial kennel with at least two (2)
dogs over sixteen (16) weeks of age, being boarded, bred, kept or trained, but
excludes:
(i) a veterinary clinic or veterinary hospital;
(ii) a public pound or animal shelter used by the Town for impounding animals;
(iii) any premises duly licensed under any statute of the Province of Ontario or the
Government of Canada, which permits the keeping of dogs and other animals
under certain conditions; or
(iv) a licensed pet shop.
(dd) "leash" means a tether, rope, chain, line or similar device for leading or restraining
an animal and shall be of sufficient strength and design to allow a person to
restrain and control the animal.
(ee) "Licence Agent" means the Town or any employee thereof, or such person or
organization as is authorized to act on behalf of the Town, to maintain, enforce,
and administer this By-law.
(ff) "licence fee" means a fee imposed upon the owner of a dog or kennel in
accordance with the Town's Fees and Charges By-law No. 40-09, as amended or
replaced.
(gg) "livestock" means any domestic or farmed animal, including, but not limited to,
poultry, cattle, swine, horses, mink or other furbearing animals, rabbits, sheep,
goats and other types of animals listed in the Agricultural Code of Practice of
the Ontario Ministry of Agriculture, Food and Rural Affairs.
(hh) "Manager" means the Director, Planning and Development Services or his or
her designate, or a delegate authorized by Council to act on behalf of the Town, to
maintain, enforce, and administer this By-law.
(ii)
"menace" means intimidating, aggressive, threatening demeanour toward people
or animals without any mitigating factor/s.
(jj) "microchip" means an approved Canadian standard encoded identification
device implanted into an animal, which contains a unique code that permits or
facilitates access to owner information, including the name and address of the
owner of the animal.
(kk) "minor owner or custodian" means if the owner or custodian of an animal is a
minor, the owner or custodian of the animal is deemed to be the minor's parent
or guardian.
(ll) "mitigating factor" means a consideration that excuses aggressive behaviour of
a dog, and as more particularly described in Section 19 herein.
By-law No. 73-2021
Page 9
(mm) "Municipal Law Enforcement Officer" means a person duly appointed by the
Town to enforce the provisions of this By-law, and includes any police officer
appointed pursuant to the Police Services Act, R.S.O. 1990, c. P.15.
(nn)
"most humane course of action" means euthanasia of an animal if:
(i) immediate veterinary treatment cannot prolong the animal's life; or
(ii) prolonging the animal's life would result in undue suffering for the animal.
(oo)
"muzzle" means a strong and well-fitted covering device that securely fastens
over the dog's mouth to prevent the dog from biting but does not interfere with
the dog's vision or ability to breath, drink, and pant.
(pp)
"neutered" means a male animal with its generative organs
removed or vasectomized.
(qq)
"officer" means an Animal Control Officer, a Municipal Law Enforcement Officer,
or police officer.
(rr)
"owner" means:
(i) a person who has control of an animal;
(ii) a person who owns, keeps, possesses or harbours an animal;
(iii) a person who owns a premise; or
(iv) the parent or guardian of the minor owner of an animal.
(ss)
"person" includes an owner, individual, partnership, association, firm or
corporation, business entity or club, or any other incorporated or
unincorporated group or organization to whom the context can apply in
accordance with the Interpretation Act, R.S.O. 1985, c.1-21.
(tt)
"pet shop" means an establishment engaged in the retail sale of animals
excluding a kennel.
(uu) "Pit Bull" dog includes:
(a) a pit bull terrier;
(b) a Staffordshire bull terrier;
(c) an American Staffordshire bull terrier;
(d) an American pit bull terrier;
(e) a dog for which a veterinarian attests has an appearance and physical
characteristics that are substantially similar to the dog breeds referred to in (a)
to (d) above.
(vv)
"place" includes any land, building, vehicle or vessel.
By-law No. 73-2021
Page 10
(ww) "point of reception" means any point on a premise where the barking, calling,
whining or other similar persistent sound originating from other than that
premise is received.
(xx)
"police work dog" means a dog trained and duly licensed for and actually
engaged in law enforcement for the Niagara Regional Police or other law
enforcement agency.
(yy)
"potentially dangerous dog" means a dog that, in the absence of any mitigating
factor, chases or approaches any domestic animal or person, anywhere other
than on the property of its owner, in a menacing fashion or apparent attitude of
attack, including but not limited to, behaviour such as growling or snarling; and
as more particularly described in Section 19 herein.
(zz)
"pound" means such premises and facilities designated by the Town further to
a contract with the Town for the detention, maintenance or disposal of animals
on behalf of the Town.
(aaa) "Poundkeeper" means the Town or any employee thereof, or such person or
organization as is appointed by Council to act on behalf of the Town, to
maintain, enforce, and administer this By-law.
(bbb) "premise" means a vacant or occupied lot, building or a part thereof, including
a dwelling unit, and any land appurtenant.
(ccc) "prescribed" means a provision or requirement according to this By-law.
(ddd) "protective care" means the temporary, time-limited keeping of an animal by
the Town as a result of an owner eviction, incarceration, fire, or medical
emergency.
(eee) "Public Health Inspector" means a public health professional with Niagara
Region Public Health, appointed under the Health Protection and Promotion
Act, R.S.O. 1990, c.H.7.
(fff)
"purebred kennel" means a premise where more than two (2) purebred dogs,
which are officially recognized breeds by the Canadian Kennel Club or other
international registry, and shall have the same meaning as a "commercial
kennel".
(ggg) "redemption period" means the period of time within which the animal owner
has the right to redeem an impounded animal subject to the satisfaction of
conditions.
(hhh) "Rehabilitation Centre" means a facility established for the care and treatment of
injured, sick or orphaned animals, with the objective of restoring the animals to
their former capacity or function and then returning and releasing them to their
natural habitat.
By-law No. 73-2021
Page 11
(iii)
"residential" means any property zoned as such within the current applicable
Zoning By-law and shall include all lands within the Municipal Boundary,
Neighbourhood Boundary, Urban Boundary, Hamlet Boundary and
Secondary Plan Schedule as identified and designated in the Town Official
Plan.
(jjj)
"restrained" (in relation to a potentially dangerous dog or a dangerous dog),
means being kept inside a premise in an enclosed six (6) sided pen of sufficient
dimension and strength to be humane and secure to prevent a dog from coming
in contact with or making a real and substantial threat of attack on a person
other than the owner of the dog, or invitee of the owner, and includes keeping
such dog securely on a leash of not more than one (1) meter in length when
outside of such pen.
(kkk) "restricted pit bull" means a pit bull owned by an Ontario resident on August
29, 2005 or born by November 30, 2005, and more particularly described in
the Dog Owners' Liability Act.
(lll)
"running-at-large" means to be found in any place other than the premises of
the owner of the dog, not under the control of any person, and where there is
no consent to be in that place.
(mmm) "sell" means offer for sale or adoption, expose for sale or adoption.
(nnn)
"service animal" means:
(i)
the animal is required by a person with a disability; and
(ii)
the person has documentation from one (1) of the regulated health
professionals enumerated in the Accessibility for Ontarians with
Disabilities Act, S.O. 2005, c.11 confirming the person requires the
animal for reasons relating to their disability:
(ooo) "spayed" means a female animal whose ovaries and/or uterus have been
removed.
(ppp)
"Standard of Care" means a Standard of Care prescribed by this By-law.
(qqq)
"sterilization" means to spay or neuter a cat or dog.
(rrr)
"tag" means a method of identifying a licensed dog or cat.
(sss) "tether" means a rope, chain or similar device, attached to a fixed point, used
for restraining an animal that prevents an animal from moving away from a
localized area.
(ttt)
"Town" means The Municipal Corporation of the Town of Fort Erie.
(uuu)
"trap, neuter, return program (TNR)" means to trap, sterilize, and attempt to
return feral cats to locations in which they were found.
By-law No. 73-2021
Page 12
(vvv) "unsanitary" means the accumulation of urine or fecal matter, odour, insect
infestation, or rodent attractants that may endanger animal or human health.
(www`) "veterinarian" means a person licensed as a veterinarian by the College
of Veterinarians of Ontario.
4. INTERPRETATION
The requirements of this By-law are in addition to the requirements contained in any
other applicable by-laws of the Town or applicable provincial or federal statutes or
regulations.
PART II:
5. LICENSING OF CATS AND DOGS
(1)
Every owner whose dog is aged sixteen (16) weeks or older shall make
application for a licence on the prescribed form within ten (10) days of the date
the animal comes into his or her possession.
(2)
Every owner whose cat is aged sixteen (16) weeks or older may make
application for a licence on the prescribed form within ten (10) days of the date
the animal comes into his or her possession.
(3)
Annual licence renewals and licence expiry does not apply to the licensing of
cats.
(4)
Despite Subsection 5(1), no licence shall be required for a dog being temporarily
kept at a kennel in Town, or a private residence where there is no remuneration for
keeping the dog, if the dog, when not being kept at the kennel or private residence,
is kept at premises located outside of the Town.
(5)
Every owner of a dog or cat applying for a licence shall submit to the Poundkeeper
or Licence Agent a completed application together with the prescribed licence fee
pursuant to the Town's Fees and Charges By-law No. 40-09, as amended or
replaced.
(6)
The licence application shall include the following, as applicable:
(a)
the name, address, telephone number, and e-mail address of the owner;
(b)
the name, breed, colour and sex of the dog or cat;
(c)
the address of the premises where the dog or cat is to be kept in Town;
(d)
veterinary proof of a current rabies vaccination;
(e)
veterinary proof that the animal has been sterilized as applicable;
By-law No. 73-2021
Page 13
(f)
microchip identification;
(g) if the dog is a pit bull, proof satisfactory to the Poundkeeper or Licence
Agent that the dog is a restricted pit bull;
(h) whether the dog is attack trained, a guide dog, a guard dog, or a service dog;
(i)
the names, addresses and telephone numbers of up to three (3)
alternate persons who may be contacted in the case of animal
impoundment;
(j)
whether the dog is designated as a "dangerous dog";
(k)
whether the dog is designated as a "potentially dangerous dog";
(l)
whether the dog will be kept in a kennel;
(m) acquisition information, including country of origin if foreign; and
(n) such additional information as may be reasonably requested by
the Poundkeeper or Licence Agent.
(7)
The Poundkeeper or Licence Agent is authorized to issue licences only to applicants.
(8)
Upon issuance of a licence, the owner shall be furnished with an identification tag.
(9)
The Poundkeeper or Licence Agent may issue up to three (3) licences per
applicant to dogs being legitimately used as guard dogs.
(10)
The Poundkeeper or Licence Agent shall maintain a current record of every
dog or cat registered pursuant to this By-law, which includes:
(a)
the date of licence issuance or renewal;
(b)
the name, address, telephone number, and email address of the owner;
(c)
the description of the animal;
(d)
the registration number; and
(e)
the fee paid.
(11)
Failure to provide a rabies certificate except for a dog or cat with immune-
mediated disease, shall constitute an offence under this By-law and, in addition to
any other penalty or action provided herein, the Poundkeeper or Licence Agent
shall immediately report this information to Niagara Region Public Health.
(12)
An application for a licence for a prohibited pit bull shall not be processed, and will
be returned to an applicant.
(13)
Every licence is valid for the calendar year in which it is issued, and
automatically expires on December 31 of each year.
By-law No. 73-2021
Page 14
(14)
The Poundkeeper or Licence Agent shall ensure annual renewal applications are
available to the public on November 1. Every owner shall complete the licence
renewal on or before January 1.
(15)
All renewal applications received after April 1 of each year shall be subject to the
prescribed late payment fee, in addition to the prescribed licence fee, as set out in
the Town's Fees and Charges By-law No. 40-09, as amended or replaced.
(16)
In the absence of updated information indicated on the renewal application,
every person who submits a renewal application acknowledges that the
information provided on the original application is still current.
(17)
Every owner of a dog or cat shall notify the Poundkeeper or Licence Agent within
ten (10) days of any change in:
(a) the name, address, telephone number, or e-mail address of the owner of the
dog or cat;
(b) the address of the premises where the dog or cat is being kept by a new
owner; or
(c)
the ownership of the dog or cat.
(18)
Failure to notify the Poundkeeper or Licence Agent of ownership changes
in accordance with Subsection 5(15) may lead to the cancellation of the
licence.
(19)
The Poundkeeper or Licence Agent may revoke any cat or dog licence issued in
error.
(20)
Cat and dog licences issued by another municipality are transferable if an owner of a
dog or cat moves to the Town, provided that the owner submits to the Poundkeeper
or Licence Agent satisfactory evidence of the dog or cat being licensed.
(21)
Despite any other provision in this By-law, there shall be no licence fee payable to
the Town for a duly licensed police animal, guide dog, or service animal.
6. IDENTIFICATION TAGS
(1)
Upon approval of a cat or dog licence application or renewal application (including
a police animal, guide dog, or service animal), an identification tag shall be issued
to the owner of the dog or cat.
(2)
Identification tags shall be sequentially numbered and indicate the year of
issuance. The Poundkeeper or Licence Agent shall keep a record of each
identification tag issued, including the serial number of the identification tag, and
the name, address and telephone number of the owner of the dog or cat.
(3)
Every owner shall ensure that the current identification tag is securely attached
to their dog or cat at all times;
By-law No. 73-2021
Page 15
(a)
Subsection 6(3) does not apply to an owner of a dog when such dog is
actively participating in a sanctioned dog show, provided that the dog can be
identified by another means such as a tattoo or microchip and such
identification has already been provided to the Poundkeeper or Licence
Agent.
(b)
Subsection 6(3) does not apply to an owner of a dog when such dog is being
lawfully used for hunting provided that the owner has the identification tag
on his or her person at all times.
(4)
The Poundkeeper or Licence Agent shall provide the owner of a "potentially
dangerous dog", "dangerous dog" or "attack trained dog" with an identification
tag of a distinct colour differentiating them from other dogs.
(5)
If an identification tag is lost, damaged or destroyed, an owner of a cat or dog
shall immediately apply for a replacement identification tag by submitting to the
Poundkeeper or Licence Agent a completed replacement tag application, together
with the prescribed identification tag replacement fee as set out in the Town's
Fees and Charges By-law No. 40-09, as amended or replaced.
(6)
Upon the death of a licensed dog or cat, the owner may transfer the identification
tag to a new dog or cat at no additional charge provided the owner submits to the
Poundkeeper or Licence Agent an application for the new dog or cat.
(7)
Identification tags issued by another municipality are not recognized by the Town,
and are not transferable.
7. KENNELS
Licensing
(1)
Every owner or operator of a kennel shall make application for a kennel licence on
the prescribed form.
(2)
Every applicant for a kennel licence shall submit to the Poundkeeper or Licence
Agent a completed application together with the prescribed licence fee pursuant to
the Town's Fees and Charges By-law No. 40-09, as amended or replaced.
(3)
The kennel licence application shall include the following, as applicable:
(a)
the name, address, telephone number, and e-mail address of the applicant;
(b)
the address of the kennel;
(c)
the maximum number of dogs at the kennel, excluding any dogs sixteen
(16) weeks of age or under;
By-law No. 73-2021
Page 16
(d)
if the application is for a new kennel, a detailed drawing of the premises
showing the location of the kennel in relation to the dwelling unit,
neighbouring dwelling, dog runs, fencing, and other buildings on the
premises;
(e)
if the applicant is not the owner of the lands, written permission from the
registered owner of the lands where the kennel is located, confirming that
such registered owner permits the kennel use; and
(f)
such additional information as may be required by the Poundkeeper or
Licence Agent.
(4)
In addition to satisfaction of Subsections 7(1) to 7(3), the Poundkeeper or Licence
Agent shall only issue or renew a kennel licence further to a satisfactory
inspection performed by the Poundkeeper or Licence Agent, including:
(a)
certification that the kennel meets the standards and requirements of
the Town and the Niagara Regional Health Department;
(b)
proof of compliance with the Town's Comprehensive Zoning By-law No.
129- 90, as amended or replaced, and
(c)
proof of adherence to all by-laws of the Town and the Building Code Act,
S.O. 1992, c. 23 pertaining to, without limitation, construction and kennel
maintenance.
(5)
The Poundkeeper or Licence Agent is only authorized to issue kennel licences to
applicants.
(6)
A kennel licence is valid for the calendar year in which it is issued, and
automatically expires on December 31 of each year.
(7)
The Poundkeeper or Licence Agent shall ensure annual kennel licence renewal
applications are available to the public on November 1. Every owner or operator
shall complete the licence renewal on or before January 1.
(8)
All kennel licence renewal applications received after January 1 of each year shall
be subject to the prescribed late payment fee, in addition to the prescribed licence
fee, as set out in the Town's Fees and Charges By-law No. 40-09, as amended or
replaced.
(9)
In the absence of updated information indicated on the kennel licence renewal
application, every applicant for a kennel licence acknowledges that the
information provided on the original application is still current.
(10)
Failure to notify the Poundkeeper or Licence Agent of ownership changes
in accordance with Subsection 7(9) may lead to the cancellation of the
licence.
(11)
The Poundkeeper or Licence Agent may revoke any kennel licence issued in error.
(12)
Kennel licences are not transferable.
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Kennel Licence Numbers
(13)
Upon approval of a kennel licence application or renewal application, a
kennel licence number shall be issued to the owner or kennel operator.
(14)
Kennel licence numbers shall be sequentially numbered and indicate the year of
issuance. The Poundkeeper or Licence Agent shall keep a record of each kennel
licence number issued, including the licence number, and the name, address,
telephone number and e-mail address of the applicant.
(15)
Kennel licence numbers issued by another municipality are not recognized by
the Town, and are not transferable.
Kennel Operations
(16)
Every owner and operator of a kennel shall ensure that:
(a) all dogs are adequately fenced or caged to prevent running-at-large;
(b) all dogs are kept in cages of adequate size to allow the animal to extend
their legs, stand, sit, turn around, and lie down in a fully extended position,
in accordance with the following provisions:
Minimum primary enclosure space requirements:
Height of the dog
measured at the
shoulder of the
dog (cm)
Area (m2)
Width (m)
Height (m)
70 or greater
15
2.40
1.80
40 to 70
10
1.80
1.80
20 to 40
6
1.40
1.20
5 to 20
4
1
1.20
Minimum primary enclosure space requirements apply to the keeping of one
adult dog. Dams and their puppies up to eight weeks of age are provided with
an additional space of 10% per puppy. If two or more adult dogs are kept in
one enclosure, the minimum dimensions for the enclosure specified herein are
increased by 1.5 square metres for each dog kept in the enclosure.
(c) all dogs must be provided with daily physical activity out of a cage;
(d) all dogs are fed and watered regularly;
(e) all dogs are kept in a sanitary environment free from vermin and disease;
(f) all floors are constructed using impermeable materials;
By-law No. 73-2021
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(g) all cages are constructed of metal and/or wire with impermeable floors;
(h) all droppings, soiled bedding and waste from which unhealthy odour
might arise are promptly removed;
(i) all cages and floors are thoroughly cleaned at least once (1) per day;
(j) electric lighting illuminates the premises;
(k) windows offer suitable ventilation;
(l) a heating system adequately heats the premises;
(m) a cooling system adequately cools the premises;
(n) hot and cold potable running water is available at all times;
(o) a sanitary food preparation and storage area is on the premises;
(p) the kennel does not become a nuisance by reason of unhealthy odour,
excessive noise from barking or otherwise to a proximate residentially used
property;
(q) maintain an environment in which the average sound level is less than
85 decibels; and
(r) the perimeter of the dog run shall be enclosed by a fence, having a minimum
height of two (2) meters, and shall be of closed board construction to act as a
visual barrier or other natural visual barrier or construction around the dog run
or of closed construction if the dog run has or may become a nuisance, and to
be approved by the Poundkeeper or Licence Agent.
(17)
The fence of a dog run of a licensed kennel owner, which was approved before
this By-law took effect is deemed to comply with Clause 7(16)(p) provided it does
not conflict with Town Fence By-law No. 70-2013, as amended or replaced.
(18)
Every owner or operator of a kennel shall maintain a log of all dogs on the
premises, including the name and address of the dog owner or custodian. Such
log shall be available for review during an inspection by a Poundkeeper or Licence
Agent, Animal Control Officer, Manager, or Municipal Law Enforcement Officer.
(19)
Every owner or operator who holds a kennel licence shall not admit a dog into
the kennel unless veterinary proof of current rabies immunization is produced,
or veterinary proof is provided that a dog cannot be vaccinated due to a medical
condition.
(20)
If a veterinarian confirms that a kennel has an outbreak of distemper,
hepatitis, rabies, parvo-virus, or any infectious or contagious disease, the
kennel shall be closed forthwith, all animals shall be quarantined and cared
for under the supervision of a veterinarian, and the kennel shall not allow
additional animals to enter the facility until the quarantine is over.
By-law No. 73-2021
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(21)
Further to any closure and/or licence suspension imposed pursuant to Subsection
24(1)(d), the kennel may reopen and have its licence reinstated by the
Poundkeeper or Licence Agent, Municipal Law Enforcement Officer, Public
Health Inspector, or such other person as may be appointed by Council only upon a
written report from a veterinarian that the potential danger of disease transmission has
subsided.
(22)
Every owner or operator of a kennel shall permit the Poundkeeper or Licence
Agent, Municipal Law Enforcement Officer, Animal Control Officer, Manager,
Chief Building Official or designate, or such other person as may be appointed by
Council, to enter and inspect the Kennel at all reasonable times, upon production
of proper identification, for the purpose of determining compliance with this By-
law.
(23)
If a kennel deviates from the minimum standards pursuant to this By-law or the
Town's Property Standards By-law No. 186-08, as amended or replaced, the Lot
Maintenance By-law No. 92-2019, as amended or replaced, or any other applicable
law, the Poundkeeper or Licence Agent, Municipal Law Enforcement Officer,
Manager, or designate may revoke the kennel licence, and seize and impound all
animals, until such time as the Manager or designate is satisfied that the kennel
has come into compliance.
(24)
Every owner or operator of a kennel shall have a right to appeal any
licence suspension, refusal, or revocation.
(25)
Kennel operations that are not staffed 24-hours a day, shall provide the
Poundkeeper or Licence Agent with a policy document stipulating how
the prescribed standards of care enumerated in Clauses 7(16)(a)-(r)
herein are fulfilled after hours.
PART III:
8. KEEPING OF CATS AND DOGS
(1)
Except as otherwise permitted, no person shall own, possess, or harbour more
than three (3) dogs in any one (1) household or on any premises irrespective of
the ownership of the dogs.
(2)
Except as otherwise permitted, no person shall own, possess, or harbour more than
six (6) cats in any one (1) household or on any premises irrespective of the
ownership of the cats.
(3)
No person shall own, possess or harbor a dog unless a licence for the dog has
been issued under this By-law.
(4)
No person shall breed or offer for sale dogs without a kennel licence, rescue
foster dog licence, or a pet shop licence.
(5)
No person shall possess or harbour a rescue foster dog without a licence.
By-law No. 73-2021
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(6)
Exceptions to Subsection 8(1) are as follows:
(a)
Subsection 8(1) does not apply to any person keeping a licensed kennel
of dogs in accordance with this By-law;
(b)
The maximum provided for in Subsection 8(1) may be exceeded for the
purpose of fostering rescue dogs subject to the following:
(i)
completion of the prescribed application form accompanied by
written documentation from a bona-fide registered not-for-profit
animal rescue organization registered with Canada Revenue Agency
attesting to the suitability of the foster family applicant;
(ii)
payment of the prescribed rescue foster dog licence fee for up to five
(5) dogs pursuant to the Town's Fees and Charges By-law No. 40-09,
as amended or replaced.
(iii) a minimum of three (3) acres of land;
(iv) up to five (5) rescue foster dogs in addition to the prescribed three (3)
dog limit for a maximum period of twelve (12) consecutive months;
(v)
foster dog licences and identification tags are transferable from
adopted dogs to new foster dogs;
(vi) immediate written notification to the Poundkeeper or Licence Agent if
a rescue foster dog gives birth while in the foster home; and
(vii) the foster family shall wean and adopt out all puppies within eight (8)
to ten (10) weeks of birth and provide written proof of adoption to the
Poundkeeper or Licence Agent.
(7)
No person shall permit a dog to be on or in any cemetery, public beach, or park
within the Town, except for the following parks: Lions Sugarbowl Park, Battle of
Ridgeway Park, and The Friendship Trail.
9. ANIMALS RUNNING-AT-LARGE
(1)
No animal owner shall allow, permit or cause that animal to be running-at-large in
the Town.
(2)
Every owner of a dog, and every person who has a dog under care, custody or
control, shall restrain the dog on a leash measuring no more than six (6) feet,
when the dog is at every place other than:
(a) on the property of the owner; or
(b) on the property of any other person with consent of that person.
(3)
No person shall permit a dog to be in any public park described in Subsection 8(7)
except on a leash measuring no more than six (6) feet.
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(4)
A person may permit a licensed dog to be running-at-large in an off-leash dog area
only in a place referred to in Subsection 8(7), except if the dog is required to be
muzzled pursuant to this By-law and/or the Dog Owners' Liability Act, as amended
or replaced.
(5)
Any animal found running-at-large may be captured and impounded by an
Animal Control Officer, Manager, Municipal Law Enforcement Officer, or police
officer.
10. ANIMAL IMPOUNDMENT
(1)
If an Animal Control Officer, Manager, Municipal Law Enforcement Officer, or
police officer captures or impounds an animal running-at-large, that official may at
his or her sole discretion:
(a)
deliver the animal to the Poundkeeper or Licence Agent; or
(b)
release the animal to its owner.
(2)
If an Animal Control Officer, Manager, Municipal Law Enforcement Officer, or
police officer captures or impounds an injured or sick animal running-at-large, that
official shall:
(a)
when possible, bring the sick or injured animal(s) to a veterinarian or
registered veterinary technician to determine if euthanasia is the most
humane course of action given the state of disease or injury; or
(b)
if the owner cannot be found and if it is not possible to bring the sick or
injured animal(s) to a veterinarian or registered veterinary technician and they
are trained to perform euthanasia as per Section 14 herein, euthanize the
animal(s) if it is the most humane course of action given the state of disease
or injury.
(3)
If a Town resident impounds an animal running-at-large, the resident shall notify the
Poundkeeper or Licence Agent and arrange for delivery to or pick-up from the
Poundkeeper or Licence Agent within two (2) days.
(4)
The Poundkeeper or Licence Agent shall keep a record of every animal impounded,
including:
(a)
the date of impoundment;
(b)
a description of the animal;
(c)
the particulars of the identification tag for the animal, if applicable
(d)
the date disposed of; and
(e)
the nature of the disposition made with respect to the animal.
(5)
If an animal is impounded for running-at-large, the owner of the animal shall pay to
the Poundkeeper or Licence Agent reimbursement of its expenses with respect to
the animal including:
By-law No. 73-2021
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(a)
the prescribed redemption fees for the animal being at large and
impounded pursuant to the Town's Fees Charges By-law No. 40-09, as
amended or replaced;
(b)
any additional costs incurred by the Town as a result of impoundment,
including fees from a veterinarian or a specialized animal handler; and
(c)
costs for having the animal sterilized or implanted with a microchip.
(6)
Every owner shall retrieve the impounded animal from the Poundkeeper or Licence
Agent within four (4) days of the date of impoundment, excluding the day of
impoundment, pound closures, and any statutory holidays.
(7)
If an owner seeks to secure the release of a dog from the Poundkeeper, the
owner shall:
(a)
provide proof of the dog's current licence; or
(b)
obtain a current licence before the dog is released; and
(c)
pay the prescribed impound fees pursuant to the Town's Fees Charges By-
law No. 40-09, as amended or replaced, and any other applicable damages,
fines and expenses.
(8)
If an animal is not claimed by its owner within the prescribed redemption period,
the Poundkeeper or Licence Agent is deemed to be the owner and may sell,
dispose of, or have a veterinarian or registered veterinary technician to euthanize
the unclaimed animal.
(9)
Notwithstanding Subsection 10(7), if an animal bears identification, a microchip or
an identification tag, the Poundkeeper or Licence Agent shall make at least two (2)
reasonable attempts to contact the owner prior to selling or otherwise disposing of
the animal.
(10)
Upon becoming entitled to sell or dispose of an animal, the Poundkeeper or Licence
Agent may, in his or her sole discretion, arrange to have the animal sterilized and/or
identified by means of a microchip, and the cost of these services shall be added to
the costs recoverable from the owner pursuant to Subsection 10(4).
(11)
If a dog has been impounded and it is alleged that the dog bit or attacked a person
or domestic animal and proceedings have been commenced against the owner of
the dog under the Dog Owners' Liability Act, the Poundkeeper or Licence Agent
shall hold the dog pending the disposition of the matter. The Poundkeeper or
Licence Agent may only release the dog in accordance with a decision made under
the Dog Owners' Liability Act. In such circumstances, the owner of the dog shall
pay the costs set out in this By-law for the time the dog has been impounded
regardless of whether the dog is returned to the owner.
By-law No. 73-2021
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(a)
Every effort should be made to ensure the dog does not experience undue
suffering while being held. In accordance with ensuring all basic standards
of care are provided, each dog shall be provided with time outdoors and
environmental enrichment. A veterinarian, certified animal behaviourist
(excluding a dog trainer) or animal welfare scientist shall be involved in
continuously monitoring the situation with each dog, assessing quality of life
and how it can be maintained and improved with human contact or contact with
other dogs on a case by case basis.
(12)
An impounded animal not wearing an identification tag for the current year may
be given an inoculation, as recommended by a veterinarian, to provide
temporary immunization against common diseases.
(13)
(a)
If any animal has bitten an animal or a person, or it is alleged that the animal
has bitten an animal or a person, the Poundkeeper or Licence Agent, Animal
Control Officer, Manager, Municipal Law Enforcement Officer, or any person
acting under his or her authority delegated by the Town, may impound the
animal for the purpose of quarantine.
(b)
If any animal has bitten an animal or a person, or it is alleged that the
animal has bitten an animal or a person, the Poundkeeper or Licence
Agent may release the animal to the owner only if the Poundkeeper is
satisfied that the owner will:
(i)
take immediate steps to quarantine the animal;
(ii)
ensure the animal will be properly contained so as not to be found
running- at-large;
(iii)
muzzle the animal;
(iv)
adhere to any written conditions issued by the Poundkeeper; and
(v)
pay the prescribed fees set out in the Town's Fees and Charges By-law
No. 40-09, as amended or replaced.
(14)
If an owner forfeits or surrenders an animal and it is evidenced in writing, the
Poundkeeper shall take the animal into care and shall have the authority to deal
with the animal as if the owner.
PART IV:
11. BASIC STANDARDS OF CARE
(1)
Every person who keeps an animal within the Town's boundaries shall ensure that
the animal is provided with:
(a)
adequate, appropriate, and sufficient quantity and quality of food and
potable water to allow for normal growth and maintenance of body weight;
(b)
adequate care necessary for its general welfare, which includes care
sufficient to preserve its health and well-being;
By-law No. 73-2021
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(c)
adequate and appropriate space to enable the animal access to:
(i)
full range of natural movement and exercise;
(ii)
rest and sleep;
(iii)
sanitary conditions free from excess waste, urine or fecal matter, or
any other contaminants that could affect the animal's health;
(iv)
ventilation;
(v)
regular diurnal lighting cycles of either natural or artificial light according
to species-specific needs;
(vi)
air temperature suitable for the health of the animal;
(vii)
protection from the elements, including harmful temperatures;
(viii)
reasonable medical attention and veterinary care to relieve distress
from injury, neglect or disease; and
(ix)
current immunization against rabies for every dog or cat sixteen
(16) weeks of age or over.
(d)
transportation in a manner that ensures its physical safety and general
welfare, and excludes transport of an animal outside the passenger
compartment of a vehicle unless the animal is:
(i)
in a fully enclosed and adequately ventilated trailer or crate
that securely fastened to the bed of the vehicle; or
(ii)
securely and humanely tethered to prevent jumping or ejection from
the vehicle, strangulation, and access to the outside edges of the
vehicle; and
(iii)
reasonably protected from extreme temperatures.
(2)
Subsection 11(1) does not apply in respect of an activity regarding agricultural
animal care, management or husbandry carried on in accordance with the
reasonable and generally accepted practices of agricultural animal care,
management or husbandry.
(3)
Every animal owner or person in care and control of an animal, who has
reasonable grounds to believe that an animal is being abused, subject to undue
physical or psychological hardship, privation or neglect shall report his or her belief
to an Animal Welfare Inspector in accordance with the Provincial Animal Welfare
Services Act.
12. STANDARDS OF CARE FOR ANIMALS LIVING OUTDOORS
(1)
If an animal, other than a cat, lives outdoors for continuous periods of time
exceeding thirty (30) minutes, the animal owner or person having custody and
control of the animal shall provide a structurally sound enclosure for the animal's
use at all times. That enclosure shall be:
(a) weather-proofed and insulated sufficient to protect the animal from wind, rain,
snow and sun;
By-law No. 73-2021
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(b) equipped with adequate bedding to protect against inclement conditions; and
(c) of proper size and design adequate and appropriate for the animal species.
13. STANDARDS OF CARE REGARDING UNSANITARY CONDITIONS
(1)
No person shall keep an animal within the Town in an unsanitary condition.
(2)
For the purposes of Subsection 13(1), an unsanitary condition is characterized by
the accumulation of urine or fecal matter, a strong odour, insect infestation or rodent
attractants, and where the accumulation of any of the aforementioned are likely to
endanger the health of any person or animal, or which is likely to disturb the
enjoyment, comfort or convenience of any person or animal, in or about any place.
(3)
Every owner who keeps an animal shall ensure that waste material and excrement
is handled and disposed of in a sanitary manner.
(4)
Every owner who keeps an animal shall remove waste excrement at least once
(1) weekly from December 1 to April 1, and at least twice (2) weekly from April 2
to November 30. Animal excrement shall be stored in a waste receptacle with a
properly fitting and secure cover.
(5)
Every owner of an animal shall immediately remove and dispose of any feces left
by the dog or cat on any premises other than those owned or occupied by the
owner.
(6)
Subsections 13(4) and 13(5) do not apply to an owner storing, removing or disposing
of excrement in accordance with Regulation 267/03 of the Nutrient Management Act,
S.O. 2002, c.4.
14. EUTHANASIA
(1)
Every animal must be euthanized by the most humane course of action. An
animal's pain and distress are deemed to be minimized if the animal is euthanized
by a method that produces irreversible unconsciousness, and prompt subsequent
death.
(2)
A veterinarian may exercise his or her sole discretion to euthanize an animal if:
(a)
the animal is suffering; and
(b)
the animal's owner or custodian cannot be found promptly, or the
veterinarian reasonably believes that:
(i) the animal does not have an owner or custodian, or
(ii) the animal's owner or custodian has abandoned the animal; and
(c)
in the veterinarian's opinion, euthanasia is the most humane course of action.
By-law No. 73-2021
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(3)
When possible, a person shall bring a sick or injured animal to a veterinarian or
registered veterinary technician to determine if the state of disease or injury means
euthanasia is the most humane course of action.
(a)
If bringing a sick or injured animal to a veterinarian or registered veterinary
technician to determine if the state of disease or injury necessitates
euthanasia is not practicable or would cause further harm or suffering to an
animal, euthanasia may be performed by a Poundkeeper or Licence Agent,
Animal Control Officer, Manager, Municipal Law Enforcement Officer, or
police officer who has been trained to do so by a veterinarian in the methods
appropriate for the particular species.
PART V:
15. PENS AND ENCLOSURES
(1)
If an animal, except wildlife, is confined to a pen or other enclosed structure or
area, the following requirements must be met:
(a)
the pen or other enclosed structure or area, and any structures or material in
it, must be in a state of good repair;
(b)
the pen or other enclosed structure or area, and any surfaces, structures
and materials in it, must be made of and contain only materials that are:
(i) safe and non-toxic for the animal; and
(ii) of a texture and design that will not bruise, cut or otherwise injure
the animal; and
(c)
the pen or other enclosed structure or area must not contain one (1) or
more other animals that may pose a danger to the animal.
(2)
If kept outside on the owner's premises for any continuous period exceeding thirty
(30) minutes, the person having the custody or control of the animal shall provide for
a weather-proofed and insulated enclosure for that animal's use that includes
sufficient space to allow for the normal postural and behavioural adjustments,
adequate amounts of ventilation, and intensity of light for the animal at all times.
16. TETHERS
(1)
Every person who has tethered an animal shall ensure, at all times, that the
animal:
(a) is tethered on a chain, rope or similar device of less than three (3) metres
in length;
By-law No. 73-2021
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(b) has unrestricted movement within the range of the tether, and cannot
suffer injury or strangulation resulting from the tether;
(c) is tethered in a manner that constrains the animal to the property to
which the animal is tethered;
(d) has access to adequate and appropriate food, water and shelter;
(e) is not tethered if a choke collar, choke chain, pronged collar or any
similar device forms part of the tether;
(f) is not unsupervised on a tether for longer than 30 minutes;
(g) is not hitched, tied or fastened to a fixed object where a rope, chain, or
cord is tied directly around the animal's neck; and
(h) is not hitched, tied or fastened to a fixed object as the primary means of
confinement under circumstances that can be reasonably deemed to be
inhumane.
17. UNATTENDED ANIMALS IN A VEHICLE
(1)
Every person who leaves an unattended animal in a motor vehicle in the Town
shall ensure:
(a) the avoidance of contact between the animal and persons and other
animals outside of the vehicle;
(b) the animal has suitable ventilation; and
(c) the animal is not exposed to extreme temperatures.
(2)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, Municipal
Law Enforcement Officer who has reasonable grounds to believe that there is an
animal in critical distress in a motor vehicle shall, if possible, immediately contact
Police for assistance. Subject to the direction from the Police, the prescribed
person may enter the motor vehicle for the purpose of relieving the animal from
critical distress.
(3)
Subsection (2) does not authorize a prescribed person to enter a motor vehicle
that is being used as a dwelling as defined in the Planning Act, R.S.O. 1990, c.
P13, as amended, unless the occupier of the dwelling consents to the entry.
(4)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, Municipal
Law Enforcement Officer, or Police Officer, may cause damage to the motor
vehicle that is reasonably necessary to enter and relieve the animal from critical
distress.
By-law No. 73-2021
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(5)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, Municipal
Law Enforcement Officer, or Police Officer may take possession of the animal and
take reasonable steps to relieve its critical distress.
(6)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, Municipal
Law Enforcement Officer, or Police Officer who takes possession of an animal
under subsection 17(5) herein shall promptly notify an animal welfare inspector if
the owner or custodian of the animal is not present and cannot be found promptly.
(7)
No person shall obstruct a Poundkeeper or Licence Agent, Manager, Animal
Control Officer, Municipal Law Enforcement Officer, or Police Officer exercising a
power under this section to enter a motor vehicle for the purpose of taking an
animal into his or her possession and relieving its critical distress.
(8)
The owner or custodian of the animal is responsible for any costs incurred by the
Poundkeeper or Licence Agent, Manager, Animal Control Officer, Municipal Law
Enforcement Officer, or Police Officer in taking steps to relieve the animal's
critical distress, and the amount may be recovered as a debt due and owing to
the Poundkeeper or Licence Agent, Manager, Animal Control Officer, Municipal
Law Enforcement Officer, or Police Officer.
18. ANIMAL NOISE
(1)
No owner shall permit persistent barking, calling, whining or other similar persistent
sound made by any domestic pet or any other animal kept or used for any purpose
other than agriculture, which sound is clearly audible at a point of reception.
(2)
Agricultural operations and domestic farm animals are exempt from Subsection 18(1).
PART VI:
19. POTENTIALLY DANGEROUS DOG AND DANGEROUS DOG
(1)
No owner shall permit or allow his or her dog to bite or attack a person or
domestic animal.
(2)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, or Municipal
Law Enforcement Officer trained by a veterinarian or animal behaviourist on
recognition of dangerous dogs shall have the authority to designate a dog as a
potentially dangerous dog or a dangerous dog but before issuing such a
designation shall take into consideration any mitigating factors.
(a) Mitigating factors include, without limitation, the following:
(i)
the dog was, at the time of the aggressive behaviour, acting in defence
to an attack by a person;
By-law No. 73-2021
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(ii)
the dog was, at the time of the aggressive behaviour, acting in defence
to an attack by a domestic animal;
(iii) the dog was, at the time of the aggressive behaviour, acting in defence
of the animal's young;
(iv) the dog was, at the time of the aggressive behaviour, reacting to a
person trespassing on the property of the owner;
(v)
the dog was, at the time of the aggressive behaviour, reacting to
a domestic animal trespassing on the property of the owner; and
(vi) the dog was, at the time of the aggressive behaviour, being
teased, provoked, or tormented.
(3)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, or Municipal
Law Enforcement Officer shall be empowered to declare a dog potentially
dangerous or dangerous upon receipt of an affidavit attested to and signed by a
person who actually witnessed the dog bite a person and/or domestic animal (and,
for the purposes of this Subsection, the affiant may not be the subject of the bite).
The declaration must specifically identify the dog, the dog owner and their address.
(4)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, or Municipal
Law Enforcement Officer may, either on his or her own initiative or as a result of a
complaint from any person, conduct a reasonable inquiry into whether a dog should
be designated as a potentially dangerous dog or a dangerous dog.
(5)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, or Municipal
Law Enforcement Officer shall issue an Order designating a dog as a potentially
dangerous dog if the dog:
(a)
in the absence of any mitigating factor, has demonstrated a reasonable
propensity, tendency or disposition to attack, bite, or cause injury to a person
or domestic animal;
(b)
has on at least (1) occasion behaved in a manner that poses a menace to
the safety of a person or domestic animal;
(c)
has been previously designated by another municipality as a potentially
dangerous dog, and is kept or permitted to be kept by its owner in violation
of the prescribed requirements;
(d)
is a restricted pit bull and the dog's owner has failed, on at least one (1)
occasion, to comply with one (1) or more of the requirements of this By-law
or the regulations respecting restricted pit bulls; or
(e)
in the opinion of an Animal Control Officer, Poundkeeper or Licence Agent,
Manager, or Municipal Law Enforcement Officer creates a reasonable
concern for the well- being or safety of another animal or person.
By-law No. 73-2021
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(6)
The Poundkeeper or Licence Agent, Manager, Animal Control Officer, or
Municipal Law Enforcement Officer shall issue an Order designating a dog as a
dangerous dog if the dog:
(a)
in the absence of any mitigating factor, has attacked, bitten, or caused injury
to a person or domestic animal;
(b)
in the absence of any mitigating factor, has killed a person or domestic animal;
(c)
has been previously designated by the Town as a potentially dangerous dog
or a dangerous dog, and is kept or permitted to be kept by its owner in violation
of the prescribed requirements;
(d)
has been previously designated by another municipality as a potentially
dangerous dog or as a dangerous dog, and is kept or permitted to be kept by
its owner in violation of the prescribed requirements; or
(e)
is a restricted pit bull and the dog's owner has failed, on at least one (1)
occasion, to comply with one (1) or more of the requirements of this By-law
or the regulations respecting restricted pit bulls.
(7)
Subject to Subsections 19(5) and (6), the Poundkeeper or Licence Agent, Manager,
Animal Control Officer, or Municipal Law Enforcement Officer may issue and serve
an Order upon an owner, requiring the owner to do any or all of the following:
(a)
muzzle the dog at all times when off the owner's premises using a muzzle
that will not cause injury to the dog or interfere with the dog's vision or
respiration;
(b)
leash the dog at all times when off the owner's premises using a leash not
to exceed one (1) meter in length;
(c)
keep the dog securely confined on the owner's premises either indoors, or if
outdoors, in addition to the provisions listed in Section 15 of this By-law, in a
six (6)-sided enclosure at least two (2) metres by four (4) metres capable of
preventing the entry of children and other animals and constructed to prevent
the dog from escaping;
(d)
allow a Poundkeeper or Licence Agent, Manager, Animal Control Officer, or
Municipal Law Enforcement Officer, to inspect the enclosure required in
Clause (19)(7)(c) or to make whatever inquiry is reasonable to ensure
compliance with this By-law;
(e)
conspicuously display a sign on the property where the dog is kept that
states there is a potentially dangerous dog or a dangerous dog on the
property;
By-law No. 73-2021
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(f)
confine the dog to allow lawful entry onto the premises of the dog owner
without the fear of attack by the dog;
(g)
further restrain the dog by whatever means is deemed reasonable and
humane by the Poundkeeper or Licence Agent, Manager, Animal Control
Officer, or Municipal Law Enforcement Officer.
(h)
ensure such dog is sterilized; or
(i)
have implanted in such dog a microchip, and provide such
microchip information to the Poundkeeper or Licence Agent.
(8)
Any Subsection 19(7) Order shall include:
(a)
a statement that the Poundkeeper or Licence Agent, Manager, Animal
Control Officer, or Municipal Law Enforcement Officer has reason to believe
that the owner's dog has bitten or attacked a person or domestic animal;
(b)
a requirement that the owner muzzle the dog;
(c)
information on restrictions of acquiring additional dogs;
(d)
instructions on the process for having the potentially dangerous
declaration removed pursuant to Subsection 19(10), if applicable; and
(e)
a statement that the owner may request and is entitled to appeal the Order.
(9)
Any Order issued pursuant to Subsection 19(8) takes effect immediately upon
receipt, and the dog owner shall comply with all of the elements of the Order.
(10)
A potentially dangerous dog designation shall be lifted if an owner submits proof of
the following to the Poundkeeper or Licence Agent, Manager, Animal Control
Officer, or Municipal Law Enforcement Officer:
(a)
successful completion of a recognized dog obedience course after
the issuance of the Order;
(b)
successful completion of a recognized dog handling course after the
issuance of the Order; and
(c)
a recommendation from a veterinarian or certified animal behaviourist to lift
the designation.
(11)
Notwithstanding Subsection 19(10), any subsequent designation as a
potentially dangerous dog shall not be lifted other than further to a decision on
Appeal.
By-law No. 73-2021
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(12)
An owner of a potentially dangerous dog shall be precluded from acquiring
and licensing additional dogs until such owner submits proof of the following
to the Poundkeeper or Licence Agent, Manager, Animal Control Officer, or
Municipal Law Enforcement Officer:
(a)
Successful completion of a recognized dog obedience course within the
past thirty (30) days;
(b)
Successful completion of a recognized dog handling course within the
past thirty (30) day; and;
(c)
a recommendation from a veterinarian.
(13)
An owner of a dangerous dog may not acquire and license additional dogs.
(14)
An owner, whose dog has been designated as a potentially dangerous dog or a
dangerous dog shall immediately advise the Poundkeeper or Licence Agent,
Manager, Animal Control Officer, or Municipal Law Enforcement Officer of the
particulars pertaining to any ownership transfer of the dog or address change.
(15)
If a dangerous dog or potentially dangerous dog is not restrained and the owner or
custodian cannot be readily located, the Poundkeeper or Licence Agent, Manager,
Animal Control Officer or Municipal Law Enforcement Officer may remove the dog
from the property if it is reasonable to preserve public safety, including the well-
being of another animal.
(a)
All reasonable costs incurred by the Town to facilitate this removal shall
be borne by the owner of the dog.
(16)
If an owner whose dog has been designated as a dangerous dog is unwilling or
unable to comply with the requirements herein, and the owner has surrendered
the dog to the Poundkeeper or Licence Agent, and evidenced in writing, the dog
shall then be humanely euthanized by a veterinarian or registered veterinary
technician after a ten (10) day holding period.
(17)
Any dog designated as a dangerous dog under this By-law shall not be offered
for adoption or sale.
(18)
The cost of humanely euthanizing a dangerous dog shall be borne by the
owner unless the dog owner surrendered the dog to the Poundkeeper or
Licence Agent.
PART VII:
20. ANIMAL TRAPS
(1)
No person shall use, set or maintain a leg hold trap, a killing trap or a snare
trap unless licensed to do so by the Ministry of Natural Resources and
Forestry.
By-law No. 73-2021
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(2)
Subsection 20(1) does not apply to:
(a)
reasonable use by agricultural operations to protect livestock, crops, and
the agricultural operation overall;
(b)
reasonable efforts to control and eliminate rodents and pests, such as
mice and rats, in relation to a residential, commercial, industrial, or public
space property; or
(c)
a pest control company or agency which has been hired to address an
identified issue utilizing reasonable and humane common trade practices
and procedures.
21. FERAL CATS
(1)
An Animal Control Officer, Poundkeeper or Licence Agent, Manager, or Municipal
Law Enforcement Officer may operate a "trap, neuter, return program" in respect of
any feral cat or feral cat colony, and shall maintain a record of feral cat
sterilizations.
(2)
Any feral cat may be sterilized and subsequently released, at the sole discretion of
the Poundkeeper or Licence Agent.
(3)
If, in the opinion of the Poundkeeper or Licence Agent, a feral cat is injured or ill
and euthanasia is the most humane course of action, the feral cat shall be brought
to a veterinarian or registered veterinary technician for examination. If the
veterinarian or registered veterinary technician concur with the opinion of the
Poundkeeper or Licence Agent, the feral cat shall be euthanized.
22. LIVESTOCK
(1)
No person shall keep livestock on any premises in Town unless the premises are
zoned to permit the keeping of livestock by the Town's Comprehensive Zoning By-
law No. 129-90, as amended or replaced.
(2)
No owner of livestock shall permit any livestock to be running-at-large in the Town.
(3)
Livestock shall be deemed to be running-at-large if found in any place other than
the premises of the owner of the livestock, and not under the control of any
person.
(4)
An Animal Control Officer, Manager, Municipal Law Enforcement Officer, police
officer or the Poundkeeper or Licence Agent may seize and impound any livestock
running-at-large in the Town.
(5)
Any livestock seized pursuant to Subsection 22(4) shall be considered impounded
at the time and place of the seizure by an Animal Control Officer, Manager,
Municipal Law Enforcement Officer, police officer, or the Poundkeeper or Licence
Agent.
By-law No. 73-2021
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(6)
The Poundkeeper or Licence Agent shall make reasonable efforts to determine
the identity of the owner of the impounded livestock, and inform the owner that
the livestock has been impounded in accordance with this By-law and the Pounds
Act.
(7)
Further to impoundment of livestock, the Poundkeeper or Licence Agent shall:
(a)
provide such veterinary or other care for any injured or ill impounded
livestock necessary to preserve life or relieve distress;
(b)
deliver any impounded livestock without delay to a veterinarian or registered
veterinary technician for examination, if the owner cannot be found and, in
the opinion of the Poundkeeper or Licence Agent, euthanasia is the most
humane course of action. If the veterinarian or registered veterinary
technician concur with the opinion of the Poundkeeper or Licence Agent,
the impounded livestock shall be euthanized.
(c)
be entitled to recover from the owner of the impounded livestock all
reasonable costs of veterinary or other care provided while the livestock was
impounded; and
(d)
be entitled to recover from the owner of the impounded livestock
any reasonable fees for the redemption of the livestock.
(8)
Every owner shall retrieve the impounded livestock from the Poundkeeper or Licence
Agent within four (4) days of the date of impoundment, excluding the day of
impoundment, pound closures, and any statutory holidays.
(9)
The owner of any impounded livestock may secure the release of livestock during
the redemption period subject to:
(a)
payment of all reasonable costs and fees incurred by the Pound; and
(b)
fulfillment of any other action in relation to the care or control of the
impounded livestock that the Town or Poundkeeper or Licence Agent may
direct.
(10)
If the owner of the livestock fails to comply with Subsection 22(8) or (9), the
Poundkeeper or Licence Agent is deemed to be the owner of the livestock and
possesses the sole discretion to decide whether to keep, sell, or otherwise
dispose of the impounded livestock.
(11)
The Poundkeeper or Licence Agent shall keep a record of all impounded
livestock pursuant to Subsection 10(3).
By-law No. 73-2021
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23. EXOTIC ANIMALS
(1)
No person shall own, breed, harbour, possess, keep, sell or offer for sale any
exotic animal listed in Schedule "A" herein unless through statutory authorization.
(2)
Notwithstanding Subsection 23(1) herein and Section 6.22 of the Town's
Comprehensive Zoning By- law No. 129-90, as amended or replaced, no person
shall keep an exotic animal within the Town except in the following places or
circumstances and in accordance with Schedule "A":
(a)
a veterinary hospital under the care of a veterinarian;
(b)
on the lands and premises of the Poundkeeper or Licence Agent or
authorized agency to house or shelter exotic animals, on a temporary basis,
due to spatial or other special requirements;
(c)
on the lands and premises listed under Schedule "B" herein;
(d)
permitted non-venomous snakes, non-venomous lizards, insects,
turtles, spiders, or squamata in an escape-proof enclosure;
(e)
a maximum of five (5) permitted non-venomous snakes, non-venomous
lizards or spiders in one (1) residential area owned or occupied by that
person;
(f)
any permitted lagomorph, marsupial or rodent in an approved enclosure; or
(g)
a provincially authorized wildlife custodian with statutory authorization.
(h)
animals that are part of an agricultural operation and specifically enumerated
in Schedule "B".
(3)
Exotic animals may be kept on lands and premises where exotic animals are kept
for public exhibition and display as part of a commercial establishment provided
such lands and premises are enumerated in Schedule "B".
(4)
Exotic animals may be kept at a Rehabilitation Centre provided the
Rehabilitation Centre is specifically listed in Schedule "B".
(5)
Any person may apply to Council to have lands or premises added to Schedule
"B", and the application may only be approved if he or she satisfies Council that
the exotic animal(s) will only be kept for the purposes of an agricultural operation,
public exhibition and display, or Rehabilitation Centre.
(6)
All exotic animal registrations in effect prior to the passage of this By-law
shall remain valid subject to the following conditions:
By-law No. 73-2021
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(a) any person possessing an exotic animal registration shall immediately notify
the Poundkeeper or Licence Agent of the loss, death, or sale of the exotic
animal; and
(b) failure to notify the Poundkeeper or Licence Agent pursuant to Clause
23(6)(a) shall lead to the cancellation of the registration.
(7)
All registrations for exotic animals are non-transferable.
(8)
If an exotic animal is seized or impounded pursuant to this By-law, the owner shall
pay to the Poundkeeper or Licence Agent any and all fees, costs and charges
involving the capture, care, transportation, disposal of, and veterinary services of
the animal seized or impounded, in addition to all other fees and charges payable
under the Town's Fees and Charges By-law No. 40-09, as amended or replaced.
PART VIII:
24. LICENCE SUSPENSIONS, REFUSALS, AND REVOCATIONS
(1)
A Poundkeeper or Licence Agent may refuse to issue a licence, or may suspend
or revoke a licence, if:
(a) the owner has been found guilty of an offence or failed to comply with a
provision under this By-law on at least two (2) occasions within the preceding
twelve (12) months;
(b) there are reasonable grounds to believe that the licensee or applicant will
not comply with this By-law;
(c) the licensee or applicant refuses to permit an inspection; or
(d) a veterinarian confirms an outbreak of a disease that would require any form
of quarantine.
25. APPEALS
(1)
A dog owner may appeal an Order designating a dog as a potentially dangerous
dog or as a dangerous dog.
(2)
An appeal shall be made in writing and delivered to the Clerk within fifteen (15)
days of the owner receiving notice of the Order, including the prescribed appeal
fee pursuant to the Town's Fees and Charges By-law No. 40-09, as amended or
replaced.
By-law No. 73-2021
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(3)
If an appeal is received after the prescribed appeal period, the Clerk may dismiss
the appeal with written notification to the parties. The Clerk, in his or her sole
discretion, may accept a late appeal provided it is received within thirty (30) days
and there is compelling proof of extraordinary circumstances that caused the failure
to appeal within the prescribed period.
(4)
An appeal does not operate as a stay. The Order remains in force and all
conditions must still be fulfilled pending disposition of the appeal.
(5)
The Clerk shall give an appellant at least five (5) days written notice of a Hearing
by delivering a Notice of Hearing by registered mail or e-mail to the addresses
shown in his or her appeal. The Notice of Hearing shall include:
(a)
a statement setting out the time, place, and manner in which the
Committee will convene for the appeal hearing; and
(b)
a statement that, if the owner does not attend the hearing, the Committee
will proceed with the hearing in the absence of the owner.
(6)
Every appeal shall be considered at a public Hearing held before the Committee,
and may be held electronically pursuant to the Statutory Powers Procedure Act,
R.S.O. 1990, S.22, as amended or replaced.
(7)
A Hearing shall be held pursuant to the Statutory Powers Procedure Act.
(8)
At the conclusion of a Hearing in respect to Subsection 25(1), the Committee
shall consider the following:
(a) the dog's behaviour;
(b) the seriousness of the injuries caused by the bite or attack on a person or
a domestic animal;
(c) extraordinary circumstances or mitigating factors;
(d) the likelihood that a similar attack will be repeated;
(e) the dog's physical potential for inflicting harm;
(f) the seriousness of the owner's previous convictions under this By-law, any
other by-law or statute;
(g) the steps taken by the owner to comply with this By-law and avoid
further violations; and
(h) any agreed statement of facts or joint resolution tendered by the parties.
(9)
The Committee shall consider the evidence presented at a Hearing and has
the authority to make one (1) of the following Rulings with Reasons:
(a) confirm the Order;
(b) confirm the Order with modified conditions;
(c) change the designation from dangerous to potentially dangerous, subject to
the provisions of Section 19, with conditions;
(d) change the designation from potentially dangerous to dangerous, subject to
the provisions of Section 19, with conditions; or
By-law No. 73-2021
Page 38
(e) quash the Order.
(10)
The Clerk shall deliver to the appellant the Ruling of the Committee with Reasons
by registered mail or e-mail to the addresses shown on his or her appeal and to the
Poundkeeper or Licence Agent, Manager, Animal Control Officer, or Municipal Law
Enforcement Officer within fifteen (15) days of the Committee's Ruling.
(11)
The Ruling of the Committee shall be final and binding.
(12)
Nothing in this By-law, nor any decision of the Committee shall preclude a court of
competent jurisdiction from imposing an Order under any other applicable law.
The Ruling of the Committee shall terminate if a court of competent jurisdiction
makes an Order respecting the Order of the Poundkeeper or Licence Agent,
Manager, Animal Control Officer, Municipal Law Enforcement Officer.
(13)
An appeal to the Dangerous Dogs Appeals Committee that was commenced under
By-law No. 176-2001, as amended by By-law No. 33-04, but not disposed of before
passage of this By-law, shall be continued and disposed of under the same
provisions of By-law No. 176-2001, as amended, as if those By-laws were still in
force and effect.
26. SERVICE
(1)
An Animal Control Officer, Manager, Municipal Law Enforcement Officer,
Poundkeeper or Licence Agent shall serve any Decision, Notice or Order by
handing it to the person, failing which the Order shall be served:
(a)
by handing it to an adult person on the property of the owner or occupant
and by sending a copy by registered mail to the address last known to the
Town;
(b)
by posting it in a conspicuous place at the property of the owner or
occupant and by sending a copy by registered mail to the address last
known to the Town; or
(c)
by sending it by e-mail and by registered mail to the person to the
addresses last known to the Town.
(2)
Any Decision, Notice or Order issued by the Animal Control Officer, Manager,
Municipal Law Enforcement Officer, Poundkeeper or Licence Agent, or Appeal
Ruling of the Committee by the Clerk, or appeal filed by a person pursuant to this
By- law shall be deemed received as follows:
(a)
by registered mail: five (5) days after the date of mailing by registered mail;
(b)
by e-mail delivered before 5:00pm on a weekday: the same business day;
(c)
by e-mail delivered after 5:00pm on a weekday: the next business day;
(d)
by e-mail delivered on a weekend or a holiday: the next business day.
By-law No. 73-2021
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PART IX:
27. ENFORCEMENT AND RIGHT OF ACCESS
(1)
This By-law shall be enforced by the Animal Control Officer, Manager, Municipal
Law Enforcement Officer, Poundkeeper or Licence Agent.
(2)
Subject to sections 436 and 437 of the Municipal Act, 2001, an Animal Control
Officer, Manager, or Municipal Law Enforcement Officer may, at all reasonable
times, enter upon any place to ensure compliance with this By-law, any Decision or
Order issued pursuant to this By-law, or licence conditions. Any animal that is
perceived as a threat or potential threat, may be restrained during the course of the
inspection.
(3)
Subject to sections 436 and 437 of the Municipal Act, 2001, an Animal Control
Officer, Manager, or Municipal Law Enforcement Officer may, at all reasonable
times, enter upon any place if he or she has reasonable grounds to believe an
animal is in critical distress.
(4)
The Animal Control Officer, Manager, or Municipal Law Enforcement Officer may,
for the purposes of an inspection under Subsections 27(2) or 27(3):
(a)
require the production for inspection of relevant documents or things;
(b)
inspect, remove, and make copies or extracts of relevant documents or things;
(c)
require information from any person concerning a matter relevant to
the inspection;
(d)
make examinations or take tests, samples or photographs necessary for
the purposes of the inspection; and
(e)
be accompanied by persons possessing special or expert knowledge related
to the purpose of the inspection.
(5)
Subject to section 438 of the Municipal Act, 2001, if an Animal Control Officer,
Manager, or Municipal Law Enforcement Officer has been prevented from carrying
out an inspection, he or she may undertake an inspection pursuant to a judicial
order.
(6)
Subject to section 439 of the Municipal Act, 2001, an Animal Control Officer or
Municipal Law Enforcement Officer may apply for a search warrant to carry out
an inspection of a place.
(7)
If an Animal Control Officer, Manager, or Municipal Law Enforcement Officer has
reasonable grounds to believe a contravention of this By-law has occurred, he or
she may issue an Order requiring any person who contravened the By-law, or who
caused or permitted the contravention, to discontinue the contravention.
By-law No. 73-2021
Page 40
(8)
If an Animal Control Officer, Manager, or Municipal Law Enforcement Officer has
reasonable grounds to believe a contravention of this By-law has occurred, he or
she may make an Order requiring the person to do work to correct the
contravention.
(9)
No person shall hinder or obstruct, or attempt to hinder or obstruct an Animal
Control Officer, Manager, Municipal Law Enforcement Officer, Poundkeeper or
Licence Agent in carrying out his or her duties under this By-law.
(10)
No person shall neglect or refuse to produce or provide any information or thing
requested by an Animal Control Officer, Manager, Municipal Law Enforcement
Officer, Poundkeeper or Licence Agent in carrying out his or her duties under this
By-law.
(11)
No person shall knowingly make, participate in, assent to, or acquiesce, in the
provision of false information in a statement, affidavit, application, appeal or
other document prepared, submitted or filed under this By-law.
(12)
No shall person shall fail to comply with an Order issued pursuant to this By-law.
PART X:
28. PENALTIES
(1)
Every person who contravenes any provision of this By-law, and every director or
officer of a corporation who concurs in such contravention by the corporation, is
guilty of an offence and, upon conviction, is liable to a fine and such other
penalties, as provided for in the Provincial Offences Act, S.O. 1990, c. P.33 and the
Municipal Act, 2001.
(2)
Pursuant to Section 429 of the Municipal Act, 2001, every person who is guilty of
an offence under this By-law shall be subject to the following penalties:
(a)
Upon a first conviction, to a fine of not less than $500 and not more than
$50,000;
(b)
Upon a second or subsequent conviction for the same offence, to a fine of
not less than $500 and not more than $100,000;
(c)
Upon conviction for a continuing offence, to a fine of not less than $100 and
not more than $10,000 for each day or part thereof that the offence
continues.
The total daily fines shall not exceed $100,000; and
(d)
Upon conviction for a multiple offence, for each offence included in the
multiple offence, to a fine of not less than $100 and not more than $10,000.
The total of all fines for each included offence is not limited to $100,000.
By-law No. 73-2021
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(e)
If a person convicted of an offence is a corporation, the corporation is liable
to a fine of not less than $500 and not more than $100,000.
29. ADMINISTRATIVE MONETARY PENALTIES
(1)
Instead of laying a charge under the Provincial Offences Act for failure to comply
with any provision of this By-law, an Order, or any licence condition, an Animal
Control Officer, Manager, or Municipal Law Enforcement Officer may issue an
administrative monetary penalty to a person who has contravened this By-law,
subject to Section 434.1 of the Municipal Act, 2001.
(2)
An Animal Control Officer, Manager, or Municipal Law Enforcement Officer
possesses the discretion to decide whether to pursue a charge under the Provincial
Offences Act or issue an administrative monetary penalty.
(3)
If an administrative monetary penalty is issued to a person for failure to comply with
a provision in this By-law, no charge shall also be laid under the Provincial Offences
Act against the same person for the same non-compliance.
(4)
Every person who has contravened any provision of this By-law is liable to the
corresponding administrative monetary penalty enumerated in Schedule "C" herein,
in accordance with the Town's Administrative Penalty By-law No. 111-2019, as
amended or replaced.
30. COLLECTION OF UNPAID FINES
(1)
The Town may recover its expenses of remedying a contravention of this By-law
by invoicing the person who engaged in the contravention, by instituting legal
proceedings, or by adding the cost, including interest, to the tax roll in the same
manner as municipal taxes.
(2)
An administrative monetary penalty issued to a person in accordance with the Town's
Administrative Penalty By-law No. 111-2019, as amended or replaced, may be added
to the municipal tax roll and collected in the same manner as municipal taxes.
PART XI:
31. MODIFICATIONS
The Clerk of the Town is authorized to effect any minor modifications, corrections, or
omissions, solely of an administrative, numerical, grammatical, semantical or descriptive
nature to this By-law or its schedules after the passage of this By-law.
By-law No. 73-2021
Page 42
32. SEVERABILITY
If a Court of competent jurisdiction declares any Section or part of a Section of this By-law
invalid, the remainder of this By-law shall continue in force unless the Court makes an
Order to the contrary.
33. IMMUNITY
No Animal Control Officer, Manager, Municipal Law Enforcement Officer, Poundkeeper or
Licence Agent, is personally liable for any act or omission done in good faith in the
execution or intended execution of the person's powers or duties under this By-law.
34. REPEAL
By-law Nos. 119-97, 156-97, 23-2000, 82-2001, 146-2001, 176-2001, 81-2003, 32-04,
33-04, 135-10, 58-12, 106-2015, 107-2015, 74-2018, and 13-20 are repealed in their
entirety.
35. FORCE AND EFFECT
This By-law shall take effect on the date of enactment.
Read a first, second and third time and finally passed this 31st day of May, 2021.
____________________________
Mayor
____________________________
Clerk
I, Carol Schofield, the Clerk of The Corporation of the Town of Fort Erie certifies the foregoing to be a true copy of By-law
No. 73-2021 of the said Town. Given under my hand and the seal of the said Corporation, this
day of , 20
_____________________________________
By-law No. 73-2021
Page 43
Schedule "A"
Animal Species
Classifications
1. The following non-exhaustive list of animal classes shall be considered exotic animals:
(a)
All Amphibians
(b)
All Anseriformes (e.g. ducks, geese, swans and screamers), except
domesticated Anseriformes if located on rural or agricultural premises zoned
under the Town's Comprehensive Zoning By-law, as amended or replaced,
permitting such a use;
(c)
All Artiodactyla (e.g. cattle, goats, sheep, pigs, deer, elk, alpacas and llamas,
antelopes, giraffes and hippopotamuses), except domesticated Artiodactyla if
located on rural or agricultural premises zoned under the Town's zoning by-law
permitting such a use;
(d)
All Birds, the keeping of which is prohibited in the Migratory Birds Convention
Act, S.C. 1994 c.22, and regulations thereto; and all animals, the keeping of
which is prohibited in the Fish & Wildlife Conservation Act, S.O. 1997, c.41 and
regulations thereto.
(e)
All Canidae (such as coyotes, wolves, foxes, hybrid wolf dogs) except Canis
Familiaris (domestic dog);
(f)
All Carnivora (e.g. otters, wolves, bears, coyotes, foxes, tigers, leopards,
cougars, lions, lynx, mink, skunks, weasels, badgers, mongooses and raccoons),
except dogs, cats and ferrets;
(g)
Chelydridae (Common snapping turtle, Alligator snapping turtle)
(h)
All Chiroptera (bats such as fruit bats, myotis, flying foxes);
(i)
All Crocodylia (such as Alligators, Gavials, Caymans and Crocodiles);
(j)
All Dermoptera;
(k)
All Diurnal and Nocturnal Raptors (such as Eagles, Hawks and Owls) unless
authorized by the Ministry of Natural Resources and Forestry;
(l)
Erinacidae (hedgehog)
(m)
All Felidae (such as tigers, leopards, cougars, and Savannah Cats) except the
Felis catus(domestic cat);
(n)
All Galliformes (e.g. pheasants, grouse, guinea fowls, turkeys, chickens and
peafowls), except domesticated Galliformes if located on rural or agricultural
premises zoned under the Town's Comprehensive Zoning By-law, as amended
or replaced permitting such use;
By-law No. 73-2021
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(o)
All Gruiformes (such as cranes, rails);
(p)
All Hyaenidae (such as hyenas);
(q)
All Hyracoidea (such as all Hyrax);
(r)
All Lagomorpha (such as Hares and Pikas), except domesticated (Oryctolagus
cuniculus domesticus) Rabbits;
(s)
Marbled crayfish (Procambarus virginalis)
(t)
All Marsupialia (e.g. koalas, kangaroos, opossums and wallabies), except sugar
gliders derived from self-sustaining captive populations;
(u)
All Mustelidae (such as mink, skunks, weasels, otters, wolverines, badgers)
except domesticated ferrets (Mustela putorius furo);
(v)
Non-human primates (such as chimpanzees, gorillas, monkeys, lemurs);
(w)
All Perissodactyla (e.g. horses, donkeys, jackasses, mules, zebras and ponies),
except domesticated Perissodactyla if located on rural or agricultural premises
zoned under the Town's Comprehensive Zoning By-law, as amended or
replaced, permitting such a use;
(x)
Phoenicopteriformes (such as flamingos);
(y)
All Pholidota (such as all Pangolin);
(z)
All Pinnipeds (such as Seals, Fur Seals and Walruses);
(aa)
All Procyonidae (such as Raccoons, Coatis and Cacomistles);
(bb)
All Proboscidea (such as Elephant);
(cc)
Psittaciformes (parrots), except budgie, cockatiel, monk parakeet (Quaker
parrot), Rosy-faced lovebird, Yellow-collared lovebird, Fischer's lovebird.
(dd)
All snakes of the families Pythonidae and Boidae (such as pythons, boa
constrictors and anacondas);
(ee)
Red-eared slider (Trachemys scripta elegans)
(ff)
All Venomous Reptiles (such as front or rear fanged snakes and helodermid
lizards);
(gg)
All Rodentia (e.g. porcupines, prairie dogs, nutria and chinchillas) except
domesticated species of Rodentia:
(i)
where neither the female nor the male of the species exceeds or will exceed
fifteen hundred (1,500) grams in weight before or at maturity; and
By-law No. 73-2021
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(ii)
that are derived from a self-sustaining captive population;
(hh)
All other Venomous or Poisonous Animals except Grammostola rosea (Chilean
Rose), Brachypelma smithi (Mexican Red-Knee) and Avicularia avicularia (Pink-
Toe) Tarantulas;
(ii)
All Sciuyridae (such as Flying Squirrels and Red Squirrels);
(jj)
All Sphenisciformes (such as penguins);
(kk)
All Struthioniformes (flightless ratites such as ostriches, rheas, cassowaries,
emus, kiwis).
(ll)
All families of Venomous Snakes, even if de-venomized;
(mm)
All families of Venomous Spiders, except Tarantulas in accordance with
subsection 1(hh);
(nn)
All Squamata (e.g. lizards and snakes) except:
(i)
non-venomous snakes where neither the female nor the male of the
species exceeds or will exceed three (3) metres in length from nose to tip
of tail before or at maturity; and
(ii)
non-venomous lizards where neither the female nor the male of the
species exceeds or will exceed two (2) metres in length from nose to tip of
tail before or at maturity;
(oo)
All Teiidae (tegu lizards);
(pp)
All Ursids (such as bears);
(qq)
All Varanidae (monitor) lizards (e.g. Komodo Dragon);
(rr)
All viverrids (such as civets, and binturongs);
(ss)
All Xenarthra (such as Anteaters, Sloths, and Armadillos);
2. All endangered or protected animals, whether native or non-native to Canada, whose
possession, sale or trade is prohibited because they are designated as protected,
endangered, threatened, vulnerable or of special concern pursuant to an international,
federal, provincial law, regulation, rule or agreement.
By-law No. 73-2021
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Schedule "B"
Exotic Animal Exceptions
1. Agricultural Operations;
2. Public Exhibition and Display;
3. The lands and premises at 2821 Stevensville Road, Fort Erie, Ontario L0S 1S0
(commonly called Safari Niagara) and being more particularly described as PIN 64245-
0189 (LT), and 4206 Fox Road, Fort Erie, Ontario, L0S 1S0 (commonly called Safari
Niagara) and being more particularly described as PINs 64245-0194 (LT) and
642460191(LT);
4. Rehabilitation Centres
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Schedule "C"
Administrative Monetary Penalties
For the purposes of this By-law:
Column 1 ("Description of Offence") in the table sets out the short form wording to be used in a
Penalty Notice for a contravention of the designated provisions listed.
Column 2 ("Section") in the table lists the specific section of the provision that has been
contravened.
Column 3 ("Penalty Tier 1") sets out the Administrative Monetary Penalty amounts that are
payable for contraventions of the designated provisions listed in Columns 1 and Column 2.
Column 4 ("Penalty Tier 2") sets out the Administrative Monetary Penalty amounts that are
payable for a second (2nd) contravention of the designated provisions listed in Columns 1 and
Column 2 by the same person within a one (1) year period since the previous offence
conviction.
Column 5 ("Penalty Tier 3") sets out the Administrative Monetary Penalty amounts that are
payable for a third (3rd) contravention of the designated provisions listed in Columns 1 and
Column 2 by the same person within a one (1) year period since the previous offence
conviction.
Offence
Section Penalty
Tier 1
Penalty
Tier 2
Penalty
Tier 3
Fail to notify Poundkeeper or Licence Agent of
address change in prescribed period of time
5(17)(b)
$200
$300
$450
Fail to notify Poundkeeper or Licence Agent of
ownership change in prescribed period of time
5(17)(c)
$200
$300
$450
Failure to provide a rabies certificate
5(9)
$250
$350
$500
Fail to ensure that identification tag corresponding
to the licence issued for dog or cat is attached to
the dog or cat at all times
6(3)
$250
$350
$500
Fail to obtain kennel licence
7(1)
$500
$650
$750
Construct, erect, or maintain a kennel not in
accordance with Town By-laws
7(4)
$300
$450
$750
Fail to ensure standards of care regarding Kennel
Care
7(16)
$300
$450
$750
Fail to maintain a log of all dogs on premise
7(18)
$250
$350
$500
Admit a dog into the kennel without rabies
immunization
7(19)
$250
$350
$500
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No person shall own, possess or harbour in any
one (1) household or on any premises more than
three (3) dogs
8(1)
$250
$350
$500
No owner shall keep or permit to be kept on any
one (1) premise owned or occupied by them more
than six (6) cats in a residential area
8(2)
$250
$350
$500
Fail to obtain a dog licence
8(3)
$250
$350
$500
No person shall breed or offer for sale dogs
without a kennel license or pet shop license
8(4)
$300
$450
$650
No person shall possess or harbour a rescue
foster dog without a licence
8(5)
$250
$350
$500
Permit a dog to be on or in any cemetery, public
beach, or park within the Town
8(7)
$200
$300
$450
No owner shall allow, permit or cause any animal
to be running-at-large
9(1)
$250
$500
$750
Fail to keep dog on a leash of no more than
182cm (6ft)
9(2)
$200
$300
$450
Permit dog in off leash area where muzzle order
issued
9(4)
$400
$550
$750
Fail to provide a Basic Standard of Care
11(1)
$300
$450
$750
Fail to adhere to an obligation to report
11(3)
$250
$350
$500
Fail to provide a standard of care for a dog
outdoors
12(1)
$250
$350
$500
Fail to provide an animal with adequate sanitary
conditions
13(1)
$250
$350
$500
Fail to remove and dispose of animal excrement
13(5)
$250
$300
$450
Fail to remove animal excrement on
property within prescribed period of time
13(4)
$200
$300
$450
Fail to provide an animal with a proper pen or
enclosure
15(1)
$250
$350
$500
Fail to provide a proper enclosure for an animal
outdoors for more than 30 minutes
15(2)
$250
$350
$500
Tether an animal not in accordance with the
provisions in the by-law
16(1)
$300
$450
$600
Leave animal unattended in vehicle not in
accordance with the By-law
17(1)
$350
$500
$750
Fail to ensure dog or cat immunized against
rabies
17(5)
$250
$350
$500
No owner shall permit or allow the persistent
barking, calling, whining or other similar persistent
sound
18(1)
$250
$350
$500
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Fail to ensure a dog does not bite or attack
another person or domestic animal
19(1)
$350
$500
$750
Fail to comply with a dangerous dog order
19(9)
$350
$500
$750
Offer dangerous dog for adoption
19(17)
$350
$500
$750
Use, set, or maintain a leg hold trap, a killing
trap, or snare trap
20(1)
$500
$650
$750
No person shall keep livestock on any
premises unless permitted.
22(1)
$250
$500
$750
No person shall own, breed, harbour,
possess, keep, sell or offer for sale any
exotic animal
23(1)
$350
$500
$750
Fail to comply with an Order
27(12)
$350
$500
$750
No person shall hinder or obstruct an
authorized person in the administration of
the by-law
27(9)
$350
$500
$750