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By-law 2017-22
A By-law of the City of Greater Sudbury
to Regulate the Keeping of Animals, Responsible Pet Ownership and the
Registration of Dogs and Cats
Whereas sections 8, 9 and 1 0 of the Municipal Act, 2001 authorize a municipality to
pass by-laws necessary or desirable for municipal purposes, and in particular, paragraphs 5, 8
and 9 of subsection 1 0(2) authorize by-laws respecting: t~e economic, social and
environmental well-being of the municipality; the protection of Persons and property and
Animals;
And Whereas subsection 8(3) of the Municipal Act, 2001 provides that a by-law under
section 10 of that Act respecting a matter may regulate or prohibit and, as part of the power to
regulate or prohibit respecting the matter, may require a Person to do things respecting the
matter or may provide for a system of Licenses respecting the matter;
And Whereas subsection 1 03(1) of the Municipal Act, 2001 provides that if a by-law is
regulating or prohibiting with respect to the being At Large of Animals, the by-law may provide
for the seizure and impounding of Animals being At Large and the sale of impounded Animals;
And Whereas section 425 of the Municipal Act, 2001, authorizes a municipality to pass
by-laws providing that a Person who contravenes a by-law of the municipality passed under that
Act is guilty of an offence;
And Whereas the Municipal Act, 2001 further authorizes a municipality amongst other
things, to delegate its authority, to impose fees or charges, to provide for inspections, and to
make orders to discontinue activity or to do work;
And Whereas the Council of the City of Greater Sudbury deems it advisable to enact a
by-law providing for control of and care of Dogs and Cats in the City for the health and safety of
the public;
Now Therefore the Council of the City of Greater Sudbury hereby enacts as
follows:
Part 1 - Interpretation and Application
Terminology
1.
In this By-law:
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"Altered" when used in reference to a Dog or Cat means the Dog or Cat has been
spayed or neutered and "Unaltered" means the Dog or Cat has not been spayed or neutered;
"Animal" includes any mammal, bird or reptile, other than a Dog or Cat
"At Large" in reference to a Dog or Cat means the Dog or Cat is:
(a)
not within the Dwelling Unit of or on the Premises of its Owner or within the
Dwelling Unit or on Premises of another Person with the consent of that Person;
and
(b)
not on a Leash and under the effective control of a Person who has the strength
and capacity to securely control the Dog or Cat so as to not permit or allow
unwanted contact with another Person or a Domestic Animal;
"Attack" or "Attacked" in reference to a Dog or Cat means aggressive behaviour resulting
in unwanted physical contact resulting in harm to a Person or Domestic Animal, such as
bleeding, bone breakage, sprains, serious bruising, multiple injuries or damage to clothing;
"Attractant" means any substance which could be reasonably expected to attract one or
more Wild Animals or does attract one or more Wild Animal or stray, feral or abandoned
Animals;
"Bite" means the breaking, puncturing of the skin of a Person or Domestic Animal
caused by the tooth or teeth of a Dog and "Biting" has a similar meaning;
"Business Day" means Monday to Friday, except for a statutory or civic holiday;
"Cat" means a male or female feline of any breed of domesticated Cat or cross-breed of
domesticated Cat;
"Cat Tag" means a current Cat Tag provided by the License Issuer upon a License
issuing for a Cat pursuant to this By-law, for attachment to the Cat identified in the License;
"City" means the municipal corporation of the City of Greater Sudbury or the geographic
area of the City of Greater Sudbury as the context requires;
"Council" means the Council of the City of Greater Sudbury;
"Dog" means a male or female canine of any breed of domesticated canine or cross-
breed of a domesticate canine;
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"Dog Tag" means the current Dog Tag provided by the License Issuer upon issuing a
License for a Dog pursuant to this By-law, for attachment to the Dog identified in the License;
"Domestic Animal" includes a Dog, Cat or similar Animal kept as a pet which is generally
understood to be domesticated and is typically kept indoors at a Dwelling Unit;
"Dwelling Unit" means one or more rooms connected together as a self-contained,
separate unit in the same building comprising all or part of the building and constituting an
independent housekeeping unit for residential occupancy by Persons with facilities for Persons
to sleep, cook and eat and including its own sanitary facilities;
"Fee" means a fee determined in accordance with the City's Miscellaneous User Fee By-
law 2015-266, as amended or replaced from time to time;
"Feed" or "Feeding" means the deliberate act of furnishing, or making food or other
substances available which is likely to be consumed by Wild Animals, or by stray, feral or
abandoned Domestic Animals;
"Feral Cat" means a Cat found in the City that has no Owner, is not socialized and is
extremely fearful or resistant to humans;
"Keep" in reference to a Dog, Cat or Animal includes to provide care to the Dog, Cat or
Animal or to own, harbour, possess or have control over, whether temporary or permanent and
Keeping" or "Kept" have similar meaning;
"Leash" means a restraining device not exceeding 1 metre in length in the case of a Dog
found to be a vicious Dog under this By-law and, otherwise, not exceeding 2 metres in length
which is attached to the collar or harness worn by a Dog or Cat and of sufficient strength to
restrain the Dog or Cat;
"License" means a License issued under this By-law and includes a renewal License and
"Licensed" in reference to a Dog or Cat means there is a current, unrevoked License issued for
that Dog or Cat;
"License Issuer'' means the Person appointed from time to time as the Manager of
Security and By-law Services and includes his or her authorized designate or designates with
respect to any authority delegated by the License Issuer to such designate;
"Microchip" means an approved Canadian Standard encoded identification device
implanted into a Dog or Cat which is programmed to store a unique and permanent identification
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number that permits access to Owner information which is stored in a central data base
accessible to the License Issuer and "Microchipped" when used in reference to a Dog or Cat
means a Microchip has been implanted into the Dog or Cat;
"Municipal By-Law Enforcement Officer" means any Person appointed by Council as a
Municipal By-law Enforcement Officer for the enforcement of this By-law or all City by-laws and
includes a duly sworn member of the Greater Sudbury Police Service;
"Muzzle" in reference to Dog means a humane fastening or covering device that is
strong enough and well-fitted enough to prevent the Dog from Biting, without interfering with the
breathing, panting or vision of the Dog or with the Dog's ability to drink and "Muzzling" means to
cause the Dog to wear a Muzzle and "Muzzled" means the Dog is wearing a Muzzle;
"Owner" in reference to a Dog, Cat or other Domestic Animal means one or more
Persons who possess, harbour or have custody of a Dog, Cat or other Domestic Animal, and
where the Person is a minor under the age of 18 years, the Person responsible for the custody
of the minor;
"Person" includes an individual, a sole proprietorship, a partnership, an unincorporated
association, a trust and a corporation;
"Police Work Dog" means a Dog trained to aid police officers or peace officers and used
by police officers or peace officers in the execution of their duties;
"Pound" means a Premises and facilities that are operated by or under the direction of
the City and used for the confinement, maintenance or disposal of Cats and Dogs and Animals
that have been impounded pursuant to this By-law;
"Pound Keeper" means the License Issuer or such other Person, service or agency
assigned the responsibility by the City to maintain and operate the Pound on behalf of the City;
"Premises" means a building or part of a building and any land appurtenant to the
building or part of the building and includes a vacant lot;
"Premises Owner" means the Person or Persons who are shown as the registered
owner or owners of the Premises, in the land registration records of the Land Titles Office for
Sudbury (No. 53), and shall include family members of the Premises Owner who may be
residing at such Premises and any tenant of the Premises Owner or other Person occupying all
or part of the Premises;
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"Redemption Period" means that period of time within which the Owner of a Dog or Cat
that has been impounded in the Pound has the right to redeem it;
"Rescue Group" means a not-for-profit or charitable organization whose mandate is
predominately the rescue and placement of Dogs, Cats and Animals and facilitating the Altering
of Dogs, Cats and Animals for Animal welfare purposes;
"Rescue Owner" is a Person with whom a Rescue Group has placed, on an interim basis
pending adoption, any Dog or Cat placed by the Pound Keeper in the care and control of the
Rescue Group;
"Service Animal" means means a guide dog or a service animal as those terms are used
in Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005,
S.O. 2005, c. 11, as amended or replaced from time to time;
"Tag" in reference to a Dog means a Dog Tag, and in reference to a Cat means a Cat
Tag;
"Tether" means a rope, chain, cord or similar restraining device used in Tethering a Dog
or Cat;
"Tethered" means a Tether has been fastened to the collar or halter on a Dog or Cat and
to a fixed object, so that the Dog or Cat can only range in an area limited to the length of such
Tether and 'Tethering" means the action of affixing a Tether; and
"Wild Animal" includes any Animal which is wild by nature and not normally
domesticated in Ontario.
Interpretation
2.-(1) Whenever this By-law refers to a Person or thing with reference to gender or the gender
neutral, the intention is to read the By-law with the gender applicable to the circumstances.
(2)
References to items in the plural include the singular, as applicable.
(3) The words "include", "including" and "includes" are not to be read as limiting the phrases
or descriptions that precede them. Any examples provided are intended to be representative
examples and not intended to be an exhaustive list.
(4)
Headings are inserted for ease of reference only and are not to be used as interpretation
aids.
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(5)
Specific references to laws in the By-law are printed in italic font and are meant to refer
to the current laws applicable with the Province of Ontario as at the time the By-law was
enacted, as they are amended, restated or replaced from time to time.
(6) Any reference to periods of time, stated in numbers of days, shall be deemed applicable
on the first Business Day after a Sunday or Statutory holiday if the expiration of the time period
occurs on a Sunday or Statutory holiday.
(7) The obligations imposed by this By-law are in addition to obligations otherwise imposed
by law or contract.
(8) Where this By-law provides metric and imperial units of measure, the metric unit of
measure shall prevail. For convenience only, approximate imperial measurements have been
provided in parentheses but are of no force or effect. The abbreviation "mm" stands for
millimetres and "m" stands for metres.
(9) Terms with capitals shall be read with the meaning in section 1, and other words shall be
given their ordinary meaning.
(1 0)
In the event that any set-back requirements set out herein are inconsistent with the
requirements set out in the Zoning By-law in effect from time to time governing the property in
question, the requirements of the By-law which are more onerous shall prevail.
(11)
Nothing herein shall give any Person any right to Keep any Animal where such is
prohibited by any Zoning By-law in effect from time to time governing the Premises on which the
Animals are being kept or where the Keeping of such Animal is prohibited by federal or
provincial statute or regulation thereunder.
Severability I Conflict
3.-(1) If any section, subsection, part or parts of this By-law is declared by any court of law to
be bad, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be
severable and all parts hereof are declared to be separate and independent and enacted as
such.
(2)
Nothing in this By-law relieves any Person from complying with any provision of any
Federal or Provincial legislation or any other By-law of the City.
(3) Where a provision of this By-law conflicts with the provisions of another By-law in force
in the City, or any of the provisions of any federal or provincial states or regulation, the provision
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(3) Where a provision of this By-law conflicts with the provisions of another By-law in force
in the City, or any of the provisions of any federal or provincial states or regulation, the provision
that establishes the higher standard to protect the health, safety and welfare of the general
public shall prevail.
Administration I Delegation
4.-(1) The administration and enforcement of this By-law is assigned to the License Issuer who
is delegated the authority to:
(a)
make all decisions required of the License Issuer under this By-law;
(b)
perform all administrative and enforcement functions, conduct all inspections or
investigations referred to herein and those incidental to and necessary for the
due administration and implementation and enforcement of this By-law;
(c)
establish and amend from time to time, such forms, documents, and such
standards, protocols and procedures as the License Issuer may determine are
required to implement and administer this By-law;
(d)
develop, implement and promote programs and guidelines to encourage
responsible ownership of Domestic Animals and the control and care of Dogs
and Cats in the City, including Feral Cats, provided same are consistent with the
spirit of this By-law and within Council established budgets; and
(e)
direct the activities of the Municipal By-law Enforcement Officers enforcing this
By-law make all orders authorized under this By-law, obtain court orders or
warrants as required, direct remedial action as required.
(2) The License Issuer may delegate the performance of any one or more of his or her
functions under this By-law to one or more Persons from time to time as the occasion requires
and may impose conditions upon such delegation and may revoke any such delegation. The
License Issuer may continue to exercise any function delegated during the delegation.
(3) Unless specifically provided to the contrary in this By-law, the decisions of the License
Issuer are final and not subject to appeal.
(4) Without limiting the generality of subsection 4(2), the License Issuer may, from time to
time enter into agreements, in a form established by the License Issuer to authorize Persons
who are not City employees to issue Licenses on behalf of the License Issuer, pursuant to this
By-law and subject to the terms and conditions of the Agreement. The License Issuer may
authorize payment of such Persons of the applicable commission for such service, established
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by the License Issuer from time to time. The License Issuer may terminate any such
agreement in writing, in accordance with the provisions of the Agreement.
Application I Exceptions
5.-(1) This By-law shall apply within the geographic limits of the City.
(2)
Despite subsection 5(1 ), this By-law shall not apply to:
(a)
the Premises of a Pound;
(b)
the Premises used by the Ontario Society for the Prevention of Cruelty to
Animals or an affiliated society;
(c)
· a supply facility Licensed in accordance with the Animals for Research Act;
(d)
a research facility registered in accordance with the Animals for Research Act;
(e)
an Animal hospital or clinic operated and supervised by a veterinarian who has a
License to practice veterinary medicine, issued under the Veterinarians Act;
(f)
Laurentian University's educational or research divisions;
(g)
Science North;
(h)
a temporary public display of Animals as part of a circus, menagerie, midway or
other like traveling exhibition, side show, provided any necessary licence has
issued pursuant to the City's By-law 2004-350 being A By-Law of the City Of
Greater Sudbury to Provide for the Licensing and Regulation of Various
Businesses, as amended or replaced, and is in good standing, or evidence
provided to the License Issuer that no such license is required, or to a temporary
display in a school classroom or other similar temporary public display;
(i)
Premises on which horses, domestic fowl, cattle, goats, swine, mink, sheep or
mules or similar livestock, are Kept where the Premises are appropriately zoned
for such purpose by the City's Zoning By-law in effect from time to time for that
Premises;
U)
the Premises of facilities accredited by the Canadian Association of Zoos and
Aquariums (CAZA); or
(k)
the Premises of slaughterhouses Licensed pursuant to the Meat Inspection Act,
R.S.O. 1990.c. M.S.
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Part 2 - Dogs and Cats
Licencing - Dog and Cats
Requirement to License
6.-(1) Every Owner of a Dog or Cat shall secure a License for the Dog or Cat from the License
Issuer within the later of:
(a)
the Dog or Cat reaching the age of 12 weeks; and
(b)
7 days of becoming the Owner of the Dog or Cat.
(2) The onus of proof of the age of the Dog or Cat and of the date of Ownership shall rest
with the Owner of the Dog or Cat.
(3)
Every Owner of a Dog or Cat shall maintain a current License for the Dog or Cat.
( 4) No Person under the age of 18 years is entitled to a License.
Dog I Cat to Wear Tag
7.-(1) Except as provided to the contrary in subsection 7(2) every Owner of a Dog or a Cat for
which a License has issued, shall ensure that the Tag corresponding to that License is securely
attached and remains securely attached to the Dog or Cat for which it was provided.
(2) Despite subsection 7(1), the Owner need not attach theTag or have the Tag attached to:
(a)
a Dog or Cat while the Dog or Cat is within the Dwelling Unit or on the Premises
of its Owner;
(b)
a Cat which is Microchipped, provided the Cat Tag is produced upon request of a
Municipal By-law Enforcement Officer;
(c)
a Dog, while the Dog is being lawfully used for hunting in the bush, provided the
Dog Tag is produced upon request of a Municipal By-law Enforcement Officer;
(d)
a Dog or Cat during such time as a veterinarian has determined it is necessary to
remove the Tag for medical treatment of that Dog or Cat and evidence of such
requirement is produced upon request of a Municipal By-law Enforcement
Officer; or
(e)
a Police Working Dog while the Police Working Dog is working.
(3)
No Person shall remove a Tag from a Dog or Cat without the consent of the Owner
thereof.
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(4)
No Person shall attach a Tag to a Dog or Cat other than the Dog or Cat for which it was
provided.
(5) No Owner of a Dog or Cat shall allow or permit his or her Dog or Cat to have attached to
it, a Tag other than the Tag provided for that Dog or Cat.
(6)
No Person shall attach a Tag to a Dog or Cat once the License for which the Tag was
issued has expired or been revoked.
(7) No Owner shall permit a Tag to continue to be attached to by a Dog or Cat once the
License for which the Tag was issued has expired or been revoked.
(8)
Every Tag issued by the License Issuer remains the property of the City and shall be
surrendered upon request or the License Issuer of a Municipal By-law Enforcement Officer after:
(a)
the death of the Dog or Cat;
(b)
a change in Ownership of the Dog or Cat; or
(c)
the revocation of the License for which the Tag was issued.
Application for License I Renewal of License
8.-(1) Every applicant for a License or renewal of a License under this By-law shall file with or
provide to the License Issuer:
(a)
an application in the form established by the License Issuer from time to time;
(b)
evidence satisfactory to the License Issuer that the Dog or Cat has a current and
effective rabies vaccination;
(c)
where applicable, evidence satisfactory to the License Issuer that the Dog or Cat
has been Altered;
(d)
where applicable, evidence satisfactory to the License Issuer that the Dog or Cat
for which the License is applied is a Service Animal or a Police Work Dog;
(e)
where a Dog has been found to be a vicious Dog, evidence of insurance
compliant with section 31 and evidence the Dog is Microchipped; and
(f)
except as provided to the contrary in section 9, payment of the applicable Fee for
applying for a License.
Fee Exceptions
9.-(1) Despite paragraph 8(f), an application Fee need not be paid on an application for a
License or a renewal where the application is submitted:
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(a)
by a Rescue Group for a License for a Dog or Cat placed in its care by the Pound
Keeper;
(b)
for a License for a Service Animal or a Police Work Dog; or
(c)
by a Rescue Group for a Feral Cat that is Altered, Microchipped provided the
Rescue Group provides evidence satisfactory to the License Issuer that the Feral
Cat forms part of a group or colony of Feral Cats which congregates in a
specified area and is being managed by that Rescue Group.
(2)
Despite paragraph 8(f), in the event that a Person first becomes obligated to acquire a
Licence under this By-law after October 31st in any year, the applicant for a Licence shall be
entitled to have a License issued for the balance of that calendar year upon payment of the
applicable Fee for a replacement of a lost Tag instead of the Fee otherwise applicable. In the
event that the applicant applies for a Licence which extends beyond December 31st of the year
in which the application is submitted, the applicant shall also pay the applicable Fee for the term
of the Licence applied, as if the application was submitted in January of the following year.
(3)
No application Fee shall be refundable for any reason.
Refusal to Issue License
1 0.
The License Issuer shall refuse to issue or renew a License for a Dog or Cat where the
License Issuer is not satisfied that:
(a)
the Dog or Cat has a current rabies vaccination;
(b)
the applicant is 18 years or age or older;
(c)
the application is complete and applicable Fees have been paid; or
(d)
in the case of a Dog found to be a vicious Dog, the required insurance in
accordance with section 31 is not in effect, or the Microchip information for the
Dog is not current.
Issue of License I Provision of Tag
11.-(1) Except as provided in section 10, the License Issuer may issue to the applicant, a
Licence for the Dog or Cat described in the application, and provide a Tag to be attached to or
worn by the Dog or Cat in accordance with this By-law.
(2) Each Tag provided by the Licence Issuer pursuant to subsection 11 (1) will bear a unique
serial number, show the year of expiry and such other information as may be determined by the
License Issue and otherwise be in the form established by the License Issuer from time to time.
A current Tag shall be evidence that that a License has issued for the Dog or Cat.
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Expiry of License
12.
A License for a Dog or Cat shall expire upon the earliest of:
(a)
the transfer of Ownership of the Dog or Cat;
(b)
death of the Dog or Cat for which it was issued; and
(c)
the date set out in the License as the expiry date.
Revocation
13.-( 1) The License Issuer shall have the right to revoke the License for a Dog or Cat in the
event that:
(a)
the License was issued in error or as a result of false information being provided;
(b)
the application Fee is not paid in full, through error, as a result of a cheque being
returned marked Not Sufficient Funds, a credit card charge being refused or for
any other reason; or
(c)
in the case of a Dog found to be a vicious Dog, the insurance required pursuant
to section 31 expires or is cancelled or terminated for any reason, without being
replaced.
Replace Lost Tag
14.-(1) Every Owner of a Licensed Dog or a Cat shall ensure that a lost Tag is replaced within
two Business Days of the loss.
(2) The License Issuer shall provide a replacement Tag to the Owner of a Licensed Dog or
Cat upon:
(a)
application in writing by the Owner in the form established by the License Issuer;
and
(b)
payment of the applicable Fee.
Change in Information
15.-(1) Except as provided to the contrary in subsection 31 (3), every Owner of a Licensed Dog
or Cat shall advise the License Issuer in writing within 7 days thereafter, of:
(a)
a change in any information provided in the most recent application for a License
or renewal of a License;
(b)
the death of the Dog or Cat; and
(c)
the sale or other transfer of Ownership of the Dog or Cat.
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(2)
Every Owner of a Dog or Cat which is Microchipped shall keep the information recorded
on the Microchip up to date.
Numbers of Dogs and Cats
16.-(1) Except as provided in subsections 16(2),16(3) or 16(4), no Person shall Keep or permit
to be Kept in or about any Dwelling Unit or Premises more than two Unaltered Dogs or more
than two Unaltered Cats. For clarity, there shall be no limit to the number of Altered Dogs and
Altered Cats that an Owner may Keep or permit to be Kept in any Dwelling Unit or at any
Premises, provided the provisions of this By-law are otherwise complied with.
(2) Notwithstanding subsection 16(1), a Person may Keep or permit to be Kept in or about a
Dwelling Unit or Premises a maximum of three Unaltered Dogs and three Unaltered Cats for a
continuous period not exceeding forty-eight hours.
(3) Subsections 16(1) and 16(2) shall not apply to Dogs or Cats under the age of twelve
weeks.
(4) Notwithstanding subsection 16(1), any Person who, on the date of the passage of this
By-law, was lawfully Keeping more than the number of Unaltered Dogs or Unaltered Cats
provided for in subsection 16(1) may keep those Unaltered Dogs and Unaltered Cats until they
have died or are otherwise disposed of.
(5) The onus shall be on the Owner of the Dog or Cat claiming an exemption from
Subsection 16( 1) to satisfy the License Issuer of his or her entitlement to the exemption
claimed.
Control of Dogs and Cats
Not to be At Large - Exceptions
17.-(1) No Owner of a Dog or Cat shall cause, allow or permit a Dog or Cat he or she Owns to
be At Large within the limits of the City.
(2) Despite subsection 17 ( 1) a Licensed Dog shall be deemed not to be At Large if it is:
(a)
within a Leash free area as that term is used in the City's By-law 2012-145 being
a By-law to Establish and Regulate the Use of Off-Leash Dog Parks, as
amended or replaced from time to time;
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(b)
a hunting Dog accompanied by the Owner of that Dog or other responsible adult
and is actively engaged in hunting or training for hunting, on unposted land or on
posted land with the permission of the Premises Owner; or
(c)
a Police Work Dog and is performing the duties for which it was trained.
(3) Despite subsection 17(1 ), a Licensed Cat shall be deemed not to be At Large, if it is
Microchipped and Altered.
Control of Dogs or Cats Outdoors but Not At Large
18.-(1) Except as provided to the contrary in subsection 18(3) or section 30, every Premises
Owner who allows or permits a Dog or an Unaltered Cat to be outdoors or to remain outdoors
on his or her Premises shall ensure that the Dog or Unaltered Cat is:
(a)
contained in an enclosure or fenced area, including an area enclosed by
electronic fencing known as invisible fencing;
(b)
Tethered by a Tether no less than 3 metres in length; or
(c)
under the control of a Person so as to prevent the Dog or the Unaltered Cat from
leaving the Premises.
(2) For the purposes of subsection 18(1 ), the Premises Owner of the Premises on which the
Dog or the Unaltered Cat is found shall be deemed to have allowed or permitted the Dog or
Unaltered Cat to be outdoors on that Premises.
(3) Despite 18(1 ), a Dog may be outdoors on a Rural or agricultural Premises or on
Premises 0.5 hectare (1.2 acre) or more in area if the Dog is sufficiently trained so as to remain
on the Premises.
Barking or Other Noise
19.
The Owner of a Domestic Animal shall not permit or allow a Domestic Animal Kept by
such Person to bark, yowl, call or whine in a persistent manner or to make any other persistent
noise.
Guard Dogs on Non-Residential Premises
20.
No Premises Owner shall Keep a Dog for security purposes on any Premises that are
not used primarily for residential purposes unless the Premises Owner:
(a)
at all times has posted signs:
(i)
containing a warning that a Dog is on the Premises for security purposes;
and
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(ii)
providing a contact number for the Owner of the Dog and where different,
for the Premises Owner; and
(b)
ensures that the signs posted pursuant to paragraph 20(a) are sufficient in size,
number and location and are maintained in a condition so as to give effective
notice to Persons entering onto the Premises.
Unaltered Female Dog or Cat
21.
Every Owner of an Unaltered female Dog or Cat shall, during each period that the
Unaltered Dog or Unaltered Cat is in heat, keep it confined so that it will not attract other Dogs
or Cats as the case may be, or Animals.
Care of Dogs and Cats
Basic Care I Sanitary Conditions
22.-(1) Every Person who Keeps a Dog or Cat shall ensure that the Dog or Cat is provided with
adequate and appropriate care sufficient to preserve the health and well-being of the Dog or
Cat, except for emergencies or circumstances beyond the reasonable control of that Person and
without limiting the generality of the foregoing shall provide at all times:
(a)
open or adequate access to potable water of a drinkable temperature in sufficient
quantity to satisfy the needs of the Dog or Cat; and
(b)
an adequate supply of food appropriate to the Dog or Cat.
(2) No Person shall Keep a Dog or Cat in a condition:
(a)
which results in an odour, insect infestation, rodent attractants or an
accumulation of fecal matter; or
(b)
where an odour, insect infestation, rodent attractants or the accumulation of fecal
matter:
(i)
endanger or are likely to endanger the health of any Person, Dog, Cat or
other Domestic Animal; or
(ii)
disturbs or is likely to disturb the enjoyment, comfort or convenience of
any Person.
Enclosures for Dogs and Cats Kept Out of Doors
23.-(1) Every Person who customarily Keeps a Dog or Cat outside shall provide for the use of
that Dog or Cat at all times, a structure or other enclosure which is:
(a)
weather-proofed;
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(b)
insulated;
(c)
in a good state of repair; and
(d)
large enough to provide sufficient space to allow for the Dog or Cat to extend its
legs to their full extent, stand, sit, turn around, and lie down in a fully extended
position.
(2) Every Premises Owner shall ensure that a structure or other enclosure for a Dog or Cat
provided in accordance with subsection 23(1) is located not less than 1.2 meters (4') from the
property line and is not located in the front yard of the Premises.
(3) Every Premises Owner who provides an enclosed outside area within the yard of a
Premises, used for the purpose of a exercising one or more Dogs, Cats or other Domestic
Animals shall ensure that such enclosed area is located not less than 1.2 meters (4') from the
property line and is not located in the front yard of the Premises.
Tethers and Tethering
24.
Every Person who has Tethered a Dog or Cat shall ensure that:
(a)
the Tether is at least 3 metres in length but does not permit the Dog or Cat to go
beyond the property line of the Premises on which the Dog or Cat is Tethered;
(b)
the Dog or Cat has unrestricted movement within the range of the Tether; and
(c)
the Dog or Cat cannot suffer injury resulting from the Tether.
Removal of Excrement
25.-(1) Every Owner of a Dog shall remove forthwith and sanitarily dispose of excrement left by
the Dog anywhere in the City.
(2) Subsection 25(1) shall not apply to a Person who owns or uses a seeing-eye Dog
registered with the Canadian National Institute for the Blind.
Not to Use Dog to Attack or Menace
26.-(1) No Owner shall use or direct a Dog to Attack, Bite, chase, harass or threaten a Person
or Domestic Animal.
(2) No Owner of a Dog shall authorize or permit his or her Dog to behave in a manner that
poses a menace to the safety of a Person or Domestic Animal.
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Responsibilities of Public
27.
No Person shall:
(a)
tease, torment or annoy any Dog or Cat; or
(b)
untie, loosen otherwise free any Dog or Cat which is not in distress unless such
Person has the authorization of the Owner.
Part 3 -Vicious Dog
Investigation I Outcomes
28.-( 1) The License Issuer may conduct an investigation to determine if a Dog should be found
to be a vicious Dog, where the License Issuer receives:
(a)
a written complaint, signed by the complainant, that a Dog has Attacked or Bitten
a Person or Domestic Animal without provocation or mitigating factors;
(b)
particulars of the name and address of the Owner of the Dog or adequate
information to ascertain the Owner of the Dog which is the subject of the
complaint; and
(c)
particulars of the incident or incidents giving rise to the complaint.
(2) Where a form for such complaints has been established by the License Issuer, the
prescribed form shall be used.
(3) In conducting the investigation and making a determination of whether a Dog should be
found to be a vicious Dog, the License Issuer shall consider all the circumstances, including
without limitation:
(a)
the severity of the Bite or Attack and any resulting injuries;
(b)
any prior record of the Dog having Bitten or Attacked;
(c)
any mitigating factors, which may include, but are not limited to circumstances
where the Dog was, at the time of the Bite or Attack:
(i)
acting in defence to an attack by or menacing actions by a Person or
Domestic Animal, whether or not such attack was directed towards the
Dog in question;
(ii)
acting in defence of its young;
(iii)
reacting to a Person or a Domestic Animal trespassing on or entering on
the Premises where the Dog was situate; or
(iv)
being teased, provoked or tormented.
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(4) Where after the investigation, the License Issuer is of the opinion that it is appropriate to
do so, the License Issuer may make a finding that the Dog is a vicious Dog.
(5) Where the License Issuer makes a finding that a Dog is a vicious Dog, the License
Issuer shall serve notice in accordance with section 34 on the Owner of the Dog:
(a)
advising that the Dog has been found by the License Issuer to be a vicious Dog;
(b)
advising the Owner of the requirements set out in Sections 29, 30 and 31;
(c)
advising the Owner of: the right, if exercised within 14 days of the service of the
notice, to apply to the Hearing Committee, to seek one or both or a reversal the
finding that the Dog is a vicious Dog and an exemption from any one or more of
the conditions in sections 29, 30 and 31; the process to do so; and the applicable
Fee for such a hearing; and
(d)
advising the Owner that the finding that the Dog is a vicious Dog shall continue in
effect unless and until the Hearing Committee finds to the contrary.
(6) The finding that a Dog is a vicious Dog shall be effective upon service of the notice
under subsection 28(5) and continue in effect unless and until such finding is revoked by the
Hearing Committee.
Warning Sign -Vicious Dog
29.-(1) Unless provided to the contrary by the Hearing Committee every Owner of a Dog which
has been found to be a vicious Dog shall at all times display a warning sign purchased from the
License Issuer:
(a)
at that entrance to the Dwelling Unit of the Owner of the vicious Dog, which a
Person would normally approach; and
(b)
in a location and manner such that the sign will be clearly visible to a Person
approaching the entrance to the Dwelling Unit.
(2) Every Owner of a Dog which has been found to be a vicious Dog shall:
(a)
ensure that the sign purchased in accordance with subsection 29(1) is affixed to
the Dwelling Unit or otherwise erected or placed in a manner that cannot be
easily removed by a passerby;· and
(b)
replace the sign as required from time to time, in the event the sign is removed or
defaced or otherwise becomes illegible.
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(3) No Person shall remove a sign erected pursuant to subsection 29(1), while the Dog
found to be a vicious Dog resides at that Premises, except in accordance with paragraph
29(2)(b).
Control of Vicious Dog
30.-(1) Unless provided to the contrary by the Hearing Committee, every Owner of a Dog which
has been found to be a vicious Dog shall ensure that at all times when the Dog is not on
Premises owned or occupied by the Owner of the Dog, the Dog is:
(a)
Muzzled;
(b)
Securely fitted with a collar or harness in a manner such that the Dog cannot
detach the collar or harness;
(c)
Leashed with a Leash securely attached to a collar or harness at all times in a
manner such that the Dog cannot detach the Leash from the collar or harness;
and
(d)
the Leash held by a Person who has the strength and capacity to securely
control the Dog so as to not permit or allow unwanted contact with another
Person or a Domestic Animal.
(2) Unless provided to the contrary by the Hearing Committee, every Owner of a Dog which
has been found to be a vicious Dog shall ensure that at all times when the Dog is on Premises
owned or occupied by the Owner of the Dog, the Dog is:
(a)
securely contained inside the Dwelling Unit of the Owner of the Dog; or
(b)
if outside the Dwelling Unit of the Owner of the Dog, the Dog is:
(i)
Muzzled;
(ii)
securely fitted with a collar or harness in a manner such that the Dog
cannot detach the collar or harness;
(iii)
restrained by a chain or other restraint sufficient to prevent the Dog from
leaving the Premises; and
(iv)
contained within a securely enclosed area, including a fence of an
appropriate height for the breed of dog, constructed so as to prevent
the Dog from leaving the premise and in a manner such that the vicious
dog is unable to come into contact with Persons or other Domestic
Animals.
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(3)
Unless provided to the contrary by the Hearing Committee, the Owner of a Dog found to
be a vicious Dog shall provide evidence to the License Issuer that the Dog has been
Microchipped within 21 days of:
(a)
the effective date of service of the notice of the finding by the License Issuer that
the Dog is a vicious Dog, in the event that no appeal is filed to the Hearing
Committee; or
(b)
the date on which the Hearing Committee confirms the finding that a Dog is a
vicious Dog, in the event that an appeal is filed to the Hearing Committee.
Insurance I Administrative Requirement -Vicious Dog
31.-(1) Unless provided to the contrary by the Hearing Committee, every Owner of a Dog which
has been found to be a vicious Dog shall obtain and maintain in effect at all times the Person
owns the Dog found to be a vicious Dog, a policy of liability insurance with an insurer licensed to
operate in Ontario, providing for coverage in an amount not less than one million dollars per
occurrence, for losses arising from injuries caused by the Owner's Dog and providing for the
City to be notified in writing of any cancellation, termination or expiry of the insurance policy.
(2) Every Owner of a Dog found to be a vicious Dog shall provide to the License Issuer,
evidence that insurance compliant with subsection 31 (1) is in effect:
(a)
within 10 Business Days of the Dog being found to be a vicious Dog;
(b)
on each application for a Licence or a renewal License for the Dog;
(c)
prior to the expiry date of any policy; and
(d)
upon request by the License Issuer.
(3) Every Owner of a Dog found to be a vicious Dog shall provide the information required
under subsection 15( 1) to the License Issuer in writing within two Business Days of any change
in Ownership or residence of the Dog and provide the License Issuer with the new address and
telephone number of the Owner.
(4) Where a form for giving such notice is established by the License Issuer, the Owner
shall use the prescribed form.
Application to Hearing Committee
32.-(1) An Owner who has been given notice that his or her Dog has been found to be a vicious
Dog, may apply in writing to the License Issuer for a hearing before the Hearing Committee
established pursuant to the City's Procedure By-law then in effect, and shall submit the
applicable administrative fee for such applications. The application shall be filed within 14 days
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of the date that service of the notice under section 28 is effective. In the event that a form for
requesting a hearing has been established by the License Issuer, the prescribed form shall be
used.
(2) In the event that the License Issuer determines that the request is out of time or that the
administrative fee has not been paid, the License Issuer shall notify the Owner that no hearing
will be scheduled. If the request is compliant with this By-law, the License Issuer shall refer the
request to the City Clerk.
(3) When asked to do so by the License Issuer, the City Clerk shall set a date, time and
place for a hearing before the Hearing Committee and give notice of the date, time and place of
the hearing to the applicant for the hearing, in the manner provided for in section 33.
Hearing
33.-(1) On the date and time scheduled for the hearing, or such later date as may be set or
consented to by the Hearing Committee, the Hearing Committee may hear and view any
evidence provided by the License Issuer and by the applicant for the hearing and may:
(a)
reverse or uphold the finding that the Dog is a vicious Dog; and
(b)
if the finding that the Dog is a vicious Dog is upheld, exempt the Owner from all
or some of the requirements of section 29, 30 or 31.
(2) The onus is on the applicant to provide evidence satisfactory to the Hearing Committee
that the relief being sought should be granted.
(3) Upon the Hearing Committee reaching a decision, the City Clerk shall give notice of the
decision in writing to the applicant for the hearing. The decision of the Hearing Committee is
final.
Service of Notices
34.-(1) Service of notice under subsection 28(5), 32(3) or 33(3) may be effected on the Person
who shows in the City's records as the Owner of the Dog, or where the Dog does not appear to
be Licensed pursuant to this By-law, on such other Person who appears to be the Owner of the
Dog.
(2) Service of a notice may be effected by personal service, by mail or by posting up in a
conspicuous place at the address shown in the records of the City as the address for the Owner
of the Dog, or where the Dog is not Licensed under this By-law, at such address as appears to
be the address of the Owner of the Dog.
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(3) Service of the notice shall be effective upon the date that personal service is effected, or
where served by mail or by posting, shall be deemed effective on the third day after mailing or
posting as the case may be, whether or not it is actually received.
Part 4 - Seize and Impound
Seize and Impound of Dogs and Cats
35.-(1) A Municipal By-law Enforcement Officer may seize:
(a)
any Dog found At Large;
(b)
any Cat which is At Large;
(c)
any Licensed Cat deemed under subsection 17(3) not to be At Large, if, in the
opinion of the Municipal By-law Enforcement Officer, the Licensed Cat is:
(i)
causing a nuisance or is damaging property; or
(ii)
in distress, injured or ill;
(d)
any Feral Cat which has not been Microchipped and Altered; or
(e)
any Feral Cat which has been Microchipped and Altered, if, in the opinion of the
Municipal By-law Enforcement Officer, the Feral Cat is:
(i)
causing a nuisance or is damaging property; or
(ii)
in distress, injured or ill.
(2) A Municipal By-law Enforcement Officer may deliver a Licensed Dog or Licensed Cat
which has been seized to its Owner, without impounding the Licensed Dog or Licensed Cat,
provided:
(a)
the Municipal By-law Enforcement Officer is able to contact the Owner and make
satisfactory arrangements for return of the Licensed Dog or Licensed Cat; and
(b)
the Municipal By-law Enforcement Officer does not have a record of the Licensed
Dog or Licensed Cat having been seized in the prior 12 months.
(3) Except as provided to the contrary in subsection 35(2), a Dog or Cat which is seized
under subsection 35(1) shall be considered impounded at the time and place it is seized by the
Municipal By-law Enforcement Officer and may be delivered to the Pound Keeper by the
Municipal By-law Enforcement Officer.
(4) The Pound Keeper shall use his or her best efforts notify the Owner of any Licensed or
Microchipped Dog or Licensed or Microchipped Cat to claim the Dog or Cat prior to the expiry of
the Redemption Period in section 36.
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Redemption Period
36.-(1) Except as provided to the contrary in subsection 36(2) or in section 37, the Pound
Keeper shall keep any Dog or Cat seized and impounded under this By-law for a Redemption
Period of 3 days from the time of its impoundment, exclusive of:
(a)
the day on which the Dog or Cat was impounded;
(b)
statutory or civic holidays; and
(c)
days on which the impound centre is closed.
(2) Despite subsection 36(1), the Pound Keeper shall keep any female Dog in heat, which
has been seized and impounded under this By-law for a Redemption Period which expires the
earlier of:
(a)
the day the Dog is no longer in heat; and
(b)
21 days.
Euthanizing
37.
Despite subsection 36(1), the Pound Keeper may, at any time after a Dog or Cat is
impounded, euthanize the Dog or Cat in a humane manner, where, in the opinion of the Pound
Keeper this is warranted for humane reasons or for the safety of any Person. In such
circumstances the Pound Keeper shall have no obligation to notify the Owner in advance and
no obligation to provide any Person the opportunity to reclaim the Dog or Cat or to offer the Dog
or Cat for sale or to a Rescue Group.
Care During Redemption Period
38.-(1) During the Redemption Period, the Pound Keeper may:
(a)
vaccinate the impounded Dog or Cat to provide immunization against distemper
or any other contagious or infectious disease; and
(b)
provide veterinary care of an injured or ill Dog or Cat as may be necessary to
sustain its life, unless the Pound Keeper has determined it is appropriate to
euthanize the Dog or Cat in ac~ordance with section 37.
(2)
The Pound Keeper may release an impounded Dog or Cat to its Owner upon
compliance with section 39.
Redemption
39.-(1) During the Redemption Period, the Owner of the Dog or Cat is entitled to redeem the
Dog or Cat upon:
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(a)
payment of the applicable Fee for impound and board;
(b)
payment of any costs incurred to inoculate or provide veterinary care to the Dog
or Cat;
(c)
providing evidence satisfactory to the Pound Keeper of ownership of the Dog or
Cat; and
(d)
providing evidence satisfactory to the Pound Keeper that the Dog or Cat is
Licensed under this By-law, or if not, Licencing the Dog or Cat in accordance with
this By-law.
(2) The Owner of a Dog or Cat is liable to pay the applicable Fees for impounding the Dog
or Cat and the costs incurred for boarding the Dog or Cat and any costs incurred by the City for
inoculations and for veterinary care, whether or not the Owner claims the Dog or Cat from the
Pound.
Failure to Redeem
40.
If the Dog or Cat is not redeemed within the Redemption Period, the Dog or Cat shall
become the property of the Pound Keeper who may sell the Dog or Cat for the applicable Fee or
may otherwise dispose of the Cat or Dog as it sees fit without liability to any Person for the sale
price or for the disposition of the Dog or Cat or the manner thereof. The Pound Keeper shall not
sell a Dog or Cat unless it is already Altered or is first Altered at the expense of the purchaser.
Protective Care
41.-(1) The Poundkeeper is authorized to:
(a)
receive Dogs and Cats for protective care, pursuant to an eviction, incarceration,
fire or medical emergency, or for any other situation the Pound Keeper
determines to be appropriate;
(b)
temporarily Keep such Dogs or Cats in protective care for a maximum period of
five days;
(c)
charge the Owner of the Dog or Cat kept in protective care, the applicable Fee
for board, on a per diem basis and all costs for any required veterinary medical
care, when the Dog or Cat is redeemed; and
(d)
at the end of the five day protective care period, unless other arrangements are
agreed to between the Owner and the City, treat such Dog or Cat as having been
impounded as running At Large.
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Collecting Impound Fees, Board Fees, Vet Costs.
42.-(1) Where a Dog or Cat is seized and impounded under section 35, or accepted for
protective care under section 41, the Owner, if known, shall be liable for the impound fees,
board fees and any veterinarian costs incurred in accordance with section 38 and section 41
whether the Dog or Cat is claimed from the Pound or not. All amounts are due on demand and
if not paid are a debt to the City and collectable in accordance with section 63.
(2) In appropriate humanitarian circumstances, as determined by the License Issuer, the
License Issuer, may, in his or her discretion, provide for delayed or instalment payments of or
waiver of some or all of the fees and costs provided for in subsection 42(1).
Owner- No - Right to Compensation
43.
Neither the City nor the Pound Keepe~ shall have any liability to any Person for the
seizure, impounding, euthanizing, sale of disposal of any Cat or Dog. No compensation,
damages, fees or any other amount of money on account of or by reason of the seizure,
impounding, euthanizing, sale or disposal of a Dog or Cat shall be recovered by the Owner from
the Pound Keeper or the City or paid by the Pound Keeper or the City.
Part 5 - Rescue Groups
Transfer to Rescue Group
44.-(1) Where a Dog or Cat is not redeemed within the Redemption Period, and not sold by the
Pound Keeper, the Pound Keeper shall endeavour to place the Dog or Cat with a Rescue
Group.
(2) The Pound Keeper shall not release a Dog or Cat to a Rescue Group unless:
(a)
the Redemption Period has passed without the Dog or Cat being claimed;
(b)
the Rescue Group has applied for and received a License for the Dog or Cat;
(c)
the particulars have been recorded in the registry maintained by the Pound
Keeper in accordance with subsection 44(3); and
(d)
the Rescue Group has agreed in writing, to the terms and conditions on which
care and custody is being provided to the Rescue Group in accordance with this
By-law and as established by the License Issuer from time to time.
(3) The Pound Keeper shall maintain a registry for all Dogs and Cats released to a Rescue
Group, including without limitation:.
(a)
the number of the License issued to the Dog or Cat;
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(b)
any particulars the Pound Keeper may have of the Owner of the Dog or Cat;
(c)
the date on which the Dog or Cat is released to the Rescue Group;
(d)
the name of and contact information for the Rescue Group; and
(e)
particulars of any temporary or permanent disposition of the Dog or Cat as
reported to it by the Rescue Group.
Rescue Group
45.-(1) A Rescue Group which receives a Dog or Cat released to it"from the Pound in
accordance with section 44 shall provide care for the Dog or Cat at its own cost and expense,
except as may be provided to the contrary in subsection 45(2) or 45(3) and without limiting the
generality of the foregoing the Rescue Group:
(a)
shall endeavour to place the Dog or Cat with a new Owner;
(b)
may place the Dog or Cat with a Rescue Owner approved by the Rescue Group
on an interim basis and shall monitor the care provided to the Dog or Cat;
(c)
shall return the Dog or Cat to the Pound Keeper upon the Pound Keeper advising
that the original Owner of the Dog or Cat is redeeming the Dog or Cat;
(d)
shall ensure that any such Dog or Cat has been Altered prior to placing the Dog
or Cat with a new Owner;
(e)
may cause the Dog or Cat to be Microchipped prior to placing the Dog or Cat
with a new Owner;
(f)
shall ensure that the Dog or Cat has received all recommended and required
vaccinations where there is no unacceptable medical risk to the Dog or Cat to
doing so;
(g)
shall advise the new Owner of the Dog or Cat of the Owner's duty to obtain a
License for the Dog or Cat within the period provided for in this By-law;
(h)
shall notify the Pound Keeper in writing, of such particulars of the placement of
the Dog or Cat with either a Rescue Owner or a new Owner as the Pound
Keeper may require from time to time, including without limitation: name, address
phone number of the Rescue Owner or new Owner and the status of the
placement; and
(i)
comply with all terms and conditions of the placements established by the
License Issuer in accordance with paragraph 44(2)(d).
(2) Where funds are made available by Council for the City for such purpose, the License
Issuer may, despite subsection 45(1 ), provide funding for all or part of the costs of the Rescue
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Group, in accordance with funding guidelines. Where appropriate, the Licence Issuer may enter
into agreements to set out funding terms.
(3) Despite subsection 45(1), the Rescue Group may recover the cost of any vaccination,
Altering or Microchipping of the Dog or Cat from a Person who acquires the Dog or Cat from
the Rescue Group, provided it has not· already recovered such cost pursuant to subsection
45(2).
Feral Cats
46.-(1) The License Issuer may develop, implement and maintain in force, a program to control
or monitor Feral Cats which authorizes participants, in accordance with program guidelines to,
at its own cost and expense, except as provided to the contrary in subsection 46(5):
(a)
trap Feral Cats;
(b)
have the Feral Cats euthanized in a humane manner, where appropriate in the
circumstances;
(c)
cause the trapped Feral Cats to be Altered and Microchipped;
(d)
release the Altered and Microchipped Feral Cats in the same area from which
they were captured; and
(e)
manage Feral Cat colonies or groups which have congregated in an identified
area.
(2) Participation in any program to control or manage Feral Cats shall be restricted to
Rescue Groups approved by the License Issuer upon application in writing, in the form
established by the License issuer and in accordance with guidelines established by the License
Issuer in establishing the program. The License Issuer may revoke any approval granted.
(3) All Rescue Groups approved to participate in any program to control or manage Feral
Cats shall collect and provide to the License Issuer such information as may be required by the
Licence Issuer to assess the program and its success, including without limitation information
regarding:
(a)
the number of Feral Cats trapped and euthanized or trapped, Altered,
Microchipped and released;
(b)
the location in which Feral Cats were trapped; and
(c)
the size and location of any Feral Cat colonies or groups being managed or
monitored by the Rescue Group.
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(4) The License Issuer shall maintain a register of the information collected regarding Feral
Cats.
(5) Where funds are made available by Council for the City for such purpose, the License
Issuer may, despite subsection 46(1 ), provide funding for all or part of the costs of the Rescue
Group, in accordance with funding guidelines. Where appropriate, the Licence Issuer may enter
into agreements to set out funding terms.
Part 6 -Wild Animals
No Feeding Wild Animal - Exceptions
47.-(1) Except as provided in subsection 47(2) and 47(3), no Person shall intentionally Feed a
Wild Animal or leave food or Attractants of any type or in any form out of doors on private
property or on property owned by the City, any of its local boards, or any corporation owned by
the City, in such a manner as to attract, or be accessible by a Wild Animal or by a feral,
abandoned or stray Domestic Animal.
(2) Subsection 47(1) does not apply to the Feeding of song birds on a Premises, provided
all of the following Feeding requirements are met by the Premises Owner:
(a)
seed is placed in a bird Feeding device that is sufficiently above grade so as not
to attract or be accessible by Wild Animals; and
(b)
seeds which have spilled upon the ground are removed by the Premises Owner
forthwith and disposed of in a manner that it does not attract Wild Animals or
feral or stray Domestic Animals.
(3) Subsection 47(1) does not apply in the following situations:
(a)
the leaving of food as bait in a trap by a Premises Owner to capture a nuisance
Animal inhabiting or habituating their property pursuant to the Fish and Wild
Animal Conservation Act, 1997, S.O. 1997, c. 41;
(b)
the leaving of food as bait by a Licensed trapper, and employee of a licensed
wildlife or pest control agency, an Municipal By-law Enforcement Officer, an
Ontario Society for the Prevention of Cruelty to Animals Inspector in the
performance of their work;
(c)
the leaving of food for the purpose of providing life sustaining resources or as a
bait in a trap for Feral Cats by a Person approved to participate in the program in
section 46; or
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(d)
where permitted to bait under Ontario Regulation 665/98 made under the Fish
and Wild Animal ConseNation Act, as amended or replaced from time to time.
Part 7- Domestic Animals other than Dogs and Cats
Rabbit Keeping
48.-(1) No Person shall Keep more than six (6) rabbits over the age of 8 weeks in any Dwelling
Unit or Premises in the City.
(2) Every Person who Keeps six or fewer rabbits over the age of 8 weeks in a Dwelling Unit
or Premises in the City shall ensure:
(a)
that any rabbit routinely kept outside is kept in a rabbit hutch:
(i)
constructed such that the ground floor of the rabbit hutch is not less than
0.5 metres above ground level;
(ii)
constructed in such a way as to prevent escape by the rabbit;
(iii)
located at a distance not less than 12 metres from any Dwelling Unit,
shop or store not occupied by the Person Keeping the rabbits; and
(iv)
located at a distance of not less than 1.2 metres from the property line.
(b)
all refuse and waste matter from any rabbit hutch is disposed of daily in a proper
and sanitary manner and no such refuse or waste matter is burned or stored; and
(c)
all food for the rabbits is maintained in a rodent proof container.
Pigeons
49.-(1) Except as provided to the contrary in section 50, no Person shall Keep more than 10
pigeons in a Dwelling Unit or Premises within the City.
(2) Every Person who Keeps 10 or fewer pigeons in a Dwelling Unit or Premises, shall
ensure that:
(a)
the pigeons are confined in a pigeon loft;
(b)
any building which is erected, used or maintained as a pigeon loft for the housing
of pigeons:
(i)
has interior walls which are smoothly finished and painted;
(ii)
is constructed in such a way as to be rodent proof;
(iii)
has a floor which is at least one half metre (0.5) above ground level;
(iv)
is constructed in such a manner as to prevent the escape of the pigeons
therefrom;
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(v)
is located at a distance of not less than 12 metres from any store, shop,
Dwelling Unit or apartment building not occupied by the Owner; and
(vi)
is located at a distance of not less than 1.2 metres from the property line;
(c)
the inside walls of any building which is erected, maintained or used as a pigeon
loft for the housing of pigeons are washed, cleaned or calcimined on the inside
at least every six months;
(d)
the floor of any building which is erected, maintained or used as pigeon loft for
the housing of pigeons is properly washed each week with water and soap and
detergent whether the floor is constructed of wood or concrete;
(e)
all refuse and waste matter from the pigeon loft is disposed of daily in a proper
and sanitary manner and no such refuse or waste matter is burned or stored; and
(f)
pigeons are not permitted to escape from or leave the pigeon loft at any time.
Tippler- Homing - Racing - Pigeons
50.
Despite section 49, nothing in this By-law shall be deemed to prohibit any Person who is
a member of an organized and generally recognized pigeon club from Keeping any number of
tippler, homing or racing pigeons provided the Person ensures:
(a)
he or she complies with the provisions of paragraphs 49(2)(a)-(e) inclusive:
(b)
the tippler, homing or racing pigeons:
(i)
are given liberty for not more than one hour in each forenoon and one
hour in each afternoon; and
(ii)
are banded with an identifying leg band issued by the organized and
generally recognized pigeon club to which the Person belongs.
Other Domestic Animals
51.-(1) No Person shall keep in any Dwelling Unit or Premises in the City more than:
(a)
a total of six (6) of any combination of mice, rats, guinea pigs, hamsters and
gerbils;
(b)
two ferrets;
(c)
two non- venomous snakes, neither of which which shall exceed 4 feet in length
or more than two non-venomous lizards, neither of which may exceed 4 feet in
length; or
(d)
a total of six of any combination of: domestic cardinals, finches, budgies, bulbuls,
canaries, tanagers, amazons, cockatoos, onures, macaws, parakeets, cockatiels,
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lorikeets, touracos, toucans, orioles, mynahs, magpies, barbets, ascaris, pied
horn bills or cock-of the-rocks.
(2)
Every Person who keeps any Domestic Animals in accordance with subsection 51 ( 1)
shall ensure same are housed in and kept in an escape proof enclosure.
Part 8 - Enforcement
Enforcement- No Obstruction, Etc.
52.-(1 )This By-law may be enforced by the License Issuer and any Municipal By-law
Enforcement Officer.
(2) No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person
exercising a power or performing a duty under this By-law.
Offence
53.-( 1) Every Person who contravenes any of the provisions of this By-law and any director or
officer of a corporation who knowingly concurs in such contravention is guilty of an offence and
on conviction is liable to a fine as provided for in the Provincial Offences Act.
(2) For the purposes of subsection 53(1), each day on which a Person contravenes any of
the provisions of this By-law shall be deemed to constitute a separate offence under this By-law.
(3) The levying and payment of any fine as provided for under the Provincial Offences Act
shall not relieve a Person from the necessity of compliance with the obligations under this By-
law.
(4) The making of a false or intentionally misleading statement or representation in any
agreement or request for permission provided for by this By-law shall be deemed to be a
violation of the provisions of this By-law.
Right of Entry
54.
A Municipal By-law Enforcement Officer may enter onto private property at all
reasonable times to seize and impound a Dog or Cat for any reason provided for in this By-law.
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Order to Comply
55.-( 1) Where the License Issuer is satisfied that a contravention of this By-law has occurred,
an order may be made requiring the Person who contravened this By-law or who caused or
permitted the contravention to correct the contravention. The order shall set out:
(a)
reasonable particulars of the contravention;
(b)
particulars of the location where the contravention occurred;
(c)
any work to be done or steps to be taken to comply with this By-law;
(d)
the date by which the work must be done or steps taken; and
(e)
prov.ide that if any work specified is not completed by the date specified to the
satisfaction of the License Issuer, that the License Issuer may cause the work to
be done at the expense of the Premises Owner.
(2) Pursuant to subsection 445(3) of the Municipal Act, 2001, as amended, an order
pursuant to subsection 55(1) may require the work to be done even though the facts which
constitute the contravention of the By-law were present before this By-law making them a
contravention came into force.
Service of Orders
56.-(1) Service of an Order issued under subsection 55(1) shall be given to each Person, by
delivering personally to the Person, by mailing by registered mail at the address for the Person
who is shown in the records of the Land Titles Office as the registered owner of the Premises on
which the contravention occurred, or by posting in a visible location on the Premises in a
manner likely to bring it to the attention of the Person being served.
(2) Service of the Order shall be effective upon the date that personal service is effected, or
where served by mail or by posting, shall be deemed to be effective on the third day after
mailing or posting as the case may be, whether or not is it actually received.
Comply with Order
57.-(1) Every Person who is served with an order under this By-law shall comply with the
requirements of the order within the time period specified in the order, unless :
(a)
the order provides for work to be done by the Person served; and
(b)
such Person has within the period for compliance, filed a request for a hearing
before the Hearing Committee established pursuant to the City's Procedure By-
law then in effect, and submitted the applicable Fee for administrative costs fee
within 1 0 Business Days of the date that service of the order is effective.
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(2) In the event that the License Issuer determines that the request is out of time or that the
administrative fee has not been paid, the License Issuer shall notify the applicant for the hearing
that no hearing will be scheduled. If the request is compliant with this By-law, the License
Issuer shall refer the request to the City Clerk.
(3) When asked to do so by the License Issuer, the City Clerk shall set a date, time and
place for a hearing before the Hearing Committee and give notice of the date, time and place of
the hearing to the applicant by mail, addressed to the applicant at the address set out in the
application and service shall be deemed effective on the third day after mailing, whether or not it
is actually received.
Hearing
58.-(1) On the date and time scheduled for the hearing, or such later date as may be set or
consented to by the Hearing Committee, the Hearing Committee may hear and view any
evidence provided by the License Issuer and by the applicant for the hearing and may:
(a)
reverse the Order;
(b)
uphold the Order; or
(c)
modify any or all of the conditions of the Order.
(2) The onus is on the applicant for the hearing to provide evidence satisfactory to the
Hearing Committee that the relief being sought should be granted.
(3) Upon the Hearing Committee reaching a decision, the City Clerk shall give notice of the
decision in writing to the applicant for the hearing at the address for the applicant set out in the
application. Service shall be effective in accordance with section 34. The decision of the
Hearing Committee is final.
Remediation by City
59.
Where a Person fails to comply with the requirements of the order under subsection
55(1) within the time period specified in the order and no appeal has been filed to the Hearing
Committee, or where there has been an appeal, but the order was upheld in whole or in part,
the License Issuer may cause such work to be done or take such steps as are necessary to
meet the requirements of the order or the order as amended, at the cost and expense of the
Premises Owner, recoverable in accordance with section 63.
Attendance Fee
60.-(1) The applicable fee for enforcement attendance shall be payable on a time spent basis:
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(a)
for the second and each subsequent inspection conducted by a Municipal By-law
Enforcement Officer to ascertain compliance with a notice, direction or order
pursuant to this By-law, which is conducted after the specified date for
compliance; and
(b)
in the event that a Municipal By-law Enforcement Officer attends any remediation
directedby or conducted by the City, pursuant to this By-law as a result of a
failure to comply with an order made pursuant to this By-law.
(2) Any fee under subsection 60(1) shall be due on demand, and if unpaid, is a debt to the
City collectable in accordance with section 63.
Prohibition Order
61.
When a Person has been convicted of an offence under this By-law, the Ontario Court
(Provincial Division), or any court of competent jurisdiction thereafter may, in addition to any
other penalty imposed on the Person convicted, issue an order prohibiting the continuation of
the offence or doing of any act or thing by the Person convicted directed towards the
continuation of the offence.
Collection of Fees and Charges
63.-(1) All Fees and charges payable under this By-law, including without limitation, Fees and
charges incurred in the impounding and boarding of seized Dogs and Cats, costs incurred in
remediation under section 59, attendance fees incurred under section 60 are due on demand,
and if unpaid, are a debt owing to the City in the nature of fees and charges and shall bear
interest at the rate established in the City's Miscellaneous User Fee By-law then in effect, as the
rate applicable to overdue accounts, from the date of demand until payment in full. The debt
may be enforced by any means open to the City, and without limiting the generality of the
foregoing, the debt in the nature of fees and charges may, if applicable, be added to the tax roll
of any property for which all of the owners are responsible for payment of the debt, and
thereafter collectable as property taxes. All remedies open to the City are cumulative
(2) All Fees and charges incurred under this By-law are payable whether or not there is a
charge laid, and whether or not any charge laid leads to a conviction and whether or not a fine
has been paid as a result of a charge being laid.
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Part 9 - General
Confidential Information
64.-(1) The License Issuer is authorized to collect Personal information for the purposes of
administering this By-law.
(2) All information submitted to and collected by the City in accordance with this By-law
shall, unless the City Clerk determines otherwise, be available for disclosure to the public in
accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, c. M.56 (MFIPPA).
(3) In the event that any Person in submitting information to the City or to the License Issuer
in any form, as required under this By-law, where such information is confidential or proprietary
or otherwise may be exempt from disclosure under the MFIPPA, the Person submitting the
information shall so identify that information upon its submission to the City or the License
Issuer and shall provide sufficient details as to the reason for its purported exemption from
disclosure.
Short Title
65.
This By-law shall be known as the "Animal Care and Control By-law".
Repeal
66.-(1) By-law 2002-285 of the City of Greater Sudbury and every by-law amending By-law
2002-285 are hereby repealed.
(2) Where a by-law is repealed by this By-law, the repeal does not:
(a)
revive any by-law not in force or existing at the time of which the repeal takes
effect;
(b)
affect the previous operation of any by-law so repealed;
(c)
affect any right, privilege, obligation or liability acquired, accrued, accruing, or
incurred under the by-law so repealed; or
(d)
affect any offence committed against any by-law so repealed or any penalty or
forfeiture or punishment incurred in respect thereof; or affect any investigation,
legal proceeding or remedy in respect of such privilege, obligation, liability,
penalty, forfeiture or punishment.
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Transition
67.-(1) Any registration and Tag of a Dog or Cat effected under By-law 2002-285, as amended,
shall be continued as a License under this By-law until its expiry on December 31st, 2016,
despite the repeal of By-law 2002-285 as amended.
(2) Any enforcement proceeding commenced under By-law 2002-285 shall continue despite
the repeal.
Effective
68.
This By-law shall come into full force and effect on March 1, 2017.
Read and Passed in Open Council this 1Oth day of January, 2017
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