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The Corporation of the City of Guelph
By-law Number (2016)-20122
A By-law to regulate the keeping, registration, licensing, control and welfare of
certain classes of animals within the City of Guelph and to repeal by-laws (1979)-
10081; (1985)-11952; (1991)-14008; and (2013)-19577. [Amended by By-law
(2018)-20313]
Whereas the Municipal Act, 2001 permits a single-tier municipality to pass by-laws
respecting animals and the protection of persons and property;
And whereas the Municipal Act, 2001 permits a by-law regulating or prohibiting
with respect to the being at large or trespassing of animals to provide for the
seizure, impounding and sale of such animals;
And whereas the Municipal Act, 2001 permits a municipality to provide for a
system of licences with respect to animals;
The Council of the Corporation of the City of Guelph enacts as
follows:
Definitions
1. In this By-law the following terms shall have the corresponding meanings:
a) "Agricultural Area" means any area designated by the City as being for
agricultural, rural or livestock use, and where Animal excrement is
permitted;
b) "Animal" means a specimen of any species of fauna other than human;
c) "Animal Licence" means a licence in respect of a specific Animal;
d) "Animal Protection Officer" means a person enforcing this By-law on behalf of
the Pound Operator;
e) "Animal Tag" means a form of Animal Licence comprising a tag capable of
being affixed to a collar which is affixed to an Animal;
f) "Built Outdoor Recreation Facility" includes, but is not limited to, a City
owned or operated splash pad, wading pool, tennis courts, skateboard park,
swimming pool, water feature, playground, basketball court, volleyball court,
bowling green, but does not include an unfenced baseball diamond, cricket
pitch, soccer field or football field in any park of the City,
g) "Cat" means a domestic cat;
h) "Cattery" means a place where, for profit or gain, four or more Cats are
boarded, bred or Kept;
i) "City" means The Corporation of the City of Guelph;
j) "Dog" means a domestic dog;
k) "Domestic Poultry" means Chickens, domestic Ducks, domestic Geese and
Pigeons
l) "Facility Licence" means a licence in respect of a Kennel or Cattery and may
include a printed document of the licence which is large enough to be legible
when posted on a wall, and a printed document of the licence which is small
enough to be carried in a wallet;
m) "Facility Operator" means the person who manages a Kennel or Cattery, and
includes directors, officers, employees and agents of such person;
n) "Keep" means have temporary or permanent ownership, possession or
custody of an Animal;
o) "Keeper" means a person who Keeps an Animal, or, if such person is a minor,
the parent or guardian of such minor;
p) "Kennel" means a place where, for profit or gain, four or more Dogs are
boarded, bred or Kept;
q) "Leash" means a leash, cord or chain, no greater than 1.8 metres (6 feet) in
length;
r) "Microchip" means a device, designed to an approved Canadian standard,
implanted in an Animal, containing a unique code that permits or facilitates
access by the Pound Operator to information such as the name and contact
information of the Animal's Keeper;
s) "Police Work Animal" means an Animal trained for and engaged in law
enforcement by any Federal, Provincial or municipal government or
government agency;
t) "Pound Operator" means the person appointed by the City to manage a
facility for the Keeping of seized, impounded and/or unclaimed Animals and
to enforce animal-related requirements, including this By-law, and includes
the directors, officers, employees and agents of such person;
u) "Registration" means a record of ownership and of the keeping of animals, as
required under this by-law. "Register" shall have a corresponding meaning.
v) "Service Animal" means, as defined in the Accessibility for Ontarians with
Disability Act, 2005, and animal for a person with a disability if:
a) It is readily apparent that the animal is used by the person for reasons
relating to his or her disability; or
b) The person provides a letter from a physician or nurse confirming that
the person requires the animal for reasons relating to the disability.
w) It is readily apparent that the animal is used by the person for reasons
relating to his or her disability; or
x) The person provides a letter from a physician or nurse confirming that the
person requires the animal for reasons relating to the disability.
y) "Wild Animal" is an animal that is, as a matter of common knowledge,
naturally ferocious, unpredictable, dangerous, mischievous, or not by custom
devoted to the service of mankind at the time and in the place in which it is
kept.
Prohibited Animals
2. No person shall Keep any Animal of a kind indicated in Schedule "A" to this By-
law, except:
a) In accordance with:
i. An exception indicated in Schedule "A" to this By-law,
ii. A licence or loan agreement under Federal or Provincial wildlife
legislation, or
iii. The City's Zoning By-law;
b) If the person is a Federal or Provincial animal officer or enforcement officer;
or
c) At the site of:
i. A veterinary hospital under the care of a licensed veterinarian,
ii. A pound,
iii. The Guelph Humane Society,
iv. The University of Guelph,
v. Any premises registered under the Animals for Research Act as a
research facility, or
vi. An animal education event, a special event, or other exemption as
approved by the City.
d) If the Animal is a Service Animal and:
i. The Pound Operator approves the Keeping of the Animal throughout the
Animal's Keep, and
ii. The Keeping of the Animal does not violate any other law.
3. Notwithstanding the foregoing, no person shall keep an Animal of a kind
prohibited by or under any Federal or Provincial legislation.
Animal Licences in General
4. The City may from time to time establish fees, procedures/timelines and charges
in respect of Animal Licences.
5. The City may determine whether, and in what circumstances, Animal Licences
will take the form of Animal Tags.
6. Every Animal Licence expires one year after its issuance.
7. No Animal Licence is transferable except with the approval of the City or the
Pound Operator.
8. Every Animal Licence expires and becomes void upon the sale, transfer, death or
disposal of the Animal in respect of which it was issued unless permitted as in
section 7. Above.
Animal Tags in General
9. If an Animal Licence in the form of an Animal Tag has been issued to the Keeper
of an Animal, the Keeper of the Animal shall keep that Animal Tag securely
affixed on the Animal at all times.
10. No person shall use an Animal Tag upon any Animal other than the Animal for
which the Animal Tag was issued. However, should the animal expire before
the end of the licensing period, the license may be transferred to a new animal
and a new tag issued.
11. If an Animal Tag is lost or destroyed before the expiry of the corresponding
Licence, the Pound Operator may issue a replacement Animal Tag.
Animal Registrations [Amended by By-Law (2018)-20313]
12. Any person who keeps domestic poultry shall register such keeping with the
City or Pound Operator. No person shall keep a rooster within the City limits.
13. No person shall Keep any more than ten Domestic Poultry hens unless they are
kept at all times in a pen that:
a) Has a coop with a solid floor that is lined with an appropriate material to
absorb fecal matter and facilitate cleaning, and is disinfected regularly; and
b) Complies in all respects with the City's Zoning By-law.
14. Any person Keeping reptiles for the purposes of breeding, as permitted under
the Prohibited Animals Schedule, shall register such Keeping with the City or
Pound Operator.
15. The Pound Operator shall maintain a register listing Poultry, Reptiles, Sheep
and Goats that have been registered. The Register shall list the number of
animals, the name and address of the Keeper, the date of Registration, the date
and result of any inspection completed and the name of the Animal Protection
Officer performing the inspection.
Microchips
16. Every Keeper of an Animal that contains a Microchip shall ensure that the
Keeper's name and contact information, which is accessible from the code in the
Microchip, is kept current.
Dog Licence
17. Every Keeper of a Dog over the age of four months, other than a Police Work
Animal, shall register it with, and obtain an Animal Licence from the City or the
Pound Operator.
18. Every Keeper of a Dog shall ensure that when applying for an Animal Licence in
respect of a Dog, or at any time during the licensed period, the Dog has a
current rabies immunization certificate, and upon demand, shall provide it to the
City or the Pound Operator.
19. Notwithstanding the other provisions of this By-law, if a Dog has been
implanted with a Microchip and is being lawfully used for hunting, then the Dog
Keeper may remove the Animal Tag during such hunting.
Cat Licence
20. Every Keeper of a Cat over the age of four months shall register it with, and
obtain an Animal Licence from, the City or the Pound Operator.
21.Every Keeper of a cat shall ensure that when applying for an Animal Licence in
respect of a cat or at any time during the licensed period that the cat has a
current Immunization Certificate and, upon demand, shall provide it to the City
or Pound Operator.
Facility Licences in General
22. The City may from time to time establish fees and charges in respect of Facility
Licences.
23. Every Facility Licence expires one year after its issuance.
24. No Facility Licence is transferable except with the approval of the City or the
Pound Operator.
25. Every location which applies for a 'Facility License' shall meet the requirements
of an annual inspection.
26. Every Facility Operator who holds a Facility Licence shall keep the poster-sized
printed document of the Facility Licence posted at the facility and shall ensure
that any individual, who, on behalf of the facility, accompanies any Animal of the
facility, when outside the facility, carries a wallet-sized printed document of the
Facility Licence.
27. Every Facility Operator who operates a Kennel or Cattery shall register it with,
and obtain a Facility Licence from, the Pound Operator.
28. When applying for a Facility Licence in respect of a Kennel or a Cattery and at
any time during the licensed period the Facility Operator shall provide to the
Pound Operator a list of all Dogs or Cats over the age of four months Kept at the
Kennel or Cattery, and, for each such Dog or Cat for which a current Dog
Licence or Cat License has not been issued:
a) Its breed;
b) Its gender;
c) A current rabies immunization certificate; and
d) Particulars of any permanent identification, including any Microchip or tattoo.
Disposal of Dead Animals
29. No person shall dispose of or bury a dead Animal on City land.
Control of Dogs
30. No Keeper shall permit the Keeper's Dog, other than a Dog that is a Police Work
Animal, to:
a) Be Leash-free except:
i. On land owned or occupied by the Keeper,
ii. On the land of a person other than the Keeper, with the permission of
that other person, or
iii. In a leash-free area of a park of the City, as per Schedule B and
iv. In compliance with the requirements of that leash-free area;
b) Approach within 1.0 meter of any other person or any other person's Animal,
except:
i. On land owned or occupied by the Keeper, or
ii. On the land of a person other than the Keeper, with the permissions of
the person whose land it is, and the person who
iii. is approached or whose Animal is approached;
c) Be on the land of a person other than the Keeper, except with the permission
of such person; or
d) Enter any built outdoor recreation facility unless otherwise permitted by law.
e) To be leash-free on any City trail, park, sidewalk or other lands, unless
permitted elsewhere in this by-law.
31. No Keeper shall permit the Keeper's Dog, other than a Dog that is a Police Work
Animal, to be at large or trespass. A Dog is at large and/or trespassing if it is
not under the control of any person and:
a) Is Leash-free except:
i. On land owned or occupied by its Keeper,
ii. On the land of a person other than its Keeper, with the permission of
that other person, or
iii. In a leash-free area of a park of the City, and in compliance with
iv. the requirements of that leash-free area;
b) Approaches within 1.0 metre of any other person or any other person's
Animal, except:
i. On land owned or occupied by its Keeper, or
ii. On the land of a person other than its Keeper, with the permissions of
the person whose land it is, and the person who is approached or whose
Animal is approached;
c) Is on the land of a person other than its Keeper, except with the permission
of such person; or
d) Enters any built outdoor recreation facility unless otherwise permitted by law.
Seizure and Impounding of Animals
32. If an Animal is at large and/or trespassing, an Animal Protection Officer may
seize and impound such Animal.
33. If an Animal has been seized and impounded by the Pound Operator, the
Keeper of the Animal shall claim the Animal before the expiry of five full
business days (excluding weekends and holidays) after such impounding. If the
Keeper of the Animal fails to claim the Animal before the expiry of that period,
the Pound Operator may sell, destroy or otherwise dispose of the Animal.
34. If the Keeper of an Animal impounded for being at large and/or trespassing
wishes to claim the Animal, the Keeper shall:
a) Pay any applicable fees and charges provided for in the City's user fee by-
law, within the permitted timelines, including any applicable fees and charges
based on the number of days (or parts thereof) during which the animal was
impounded; and
b) Have the animal registered and licensed with the Pound Operator
Animal Welfare [Amended by By-Law (2018)-20313]
35. No person shall create a situation where an Animal is likely to be in distress, as
defined by the OSPCA, because of:
i. Confinement by that person; or
ii. The number of Animals being kept by that person.
a) No person may kill a domestic Animal on residential property, except by a
licensed veterinarian or as otherwise authorized by the City.
b) Every Keeper of Domestic Poultry shall store all food for the Domestic Poultry
in an animal-proof secured container.
Removal of Excrement
36. Except on land owned or occupied by an Animal's Keeper that is located in an
Agricultural Area, every Keeper shall immediately remove and sanitarily dispose
of all excrement of the Keeper's Animal.
Feeding of Wild Animals
37. No person shall feed any Wild Animal, or leave outdoors any food that might
attract a Wild Animal, except if the person:
a) Is leaving bird food for songbirds on land owned or occupied by the person,
and the person:
i. Places the bird food in a bird feeding device which, by its construction or
height above grade, is not accessible by Animals other than birds,
ii. Ensures that the bird food does not attract large flocks of homing birds,
such as pigeons,
iii. Promptly removes any bird food spilled on the ground, and disposes of it
in such a way as not to attract any Wild Animal,
iv. Removes any accumulation of bird feces, and
v. Ensures that the birds that are attracted to the bird food do not interfere
with the normal use or enjoyment of other land; or
b) Is authorized under this By-law or any other legislation to leave food as bait
for Wild Animals.
Geographic Limits
38. Unless otherwise specified in this By-law, all provisions of this By-law apply
everywhere within the geographic limits of the City.
Offence and Enforcement
39. Every person who contravenes any provision of this By-law is guilty of an
offence, and on conviction is liable to a maximum fine of $10,000 for each
offence.
40. The provisions of this By-law may be enforced by an Animal Protection Officer.
Severability of Provisions
41. If any provision of this By-law or the application thereof to any person or
circumstance is held to be invalid by a court of competent jurisdiction, then such
invalidity does not affect other provisions or applications of this By-law which
can be given effect without the invalid provision or application, and to this end,
the provisions of this By-law are severable.
Repeals
42. The following by-laws are hereby repealed:
a) By-law Number (1979)-10081;
b) By-law Number (1985)-11952;
c) By-law Number (1991)-14008;
d) By-law Number (2013)-19577.
In Force
Passed this nineteenth day of December, 2016
Original signed by:
Cam Guthie - Mayor
Stephen O'Brien - City Clerk
Schedule 'A' Animal Control Licensing Bylaw
Table 1, Prohibited Animals
Class
Order
Examples (Including, not
limited to)
Exceptions/Notes
Mammalia
(Mammals)
Afrosoricida
Tenrecs, Golden Moles
NA
Mammalia
(Mammals)
Artiodactyla
Deer, Cattle, Pigs,
Sheep, Goats,
Giraffes, Hippos,
Camels, Llamas
Except for
pot- bellied
pigs/mini
pigs kept as
pets And a
maximum of
2 (total) sheep
and goats per
property for
up to 12
properties, 2
per ward
Mammalia
(Mammals)
Carnivora
Felines (Tigers, Lions,
Leopards, Servals),
Feline Hybrids,
Civets,
Mongooses, Hyaenas, Canines
(Coyotes, Wolves, Foxes),
Canine Hybrids, Bears, Seals,
Walrus, Pandas, Skunks,
Weasels, Raccoons, Coatis
Except
Domestic Dogs,
Domestic
Cats, and
Domestic Ferrets
Mammalia
(Mammals)
Cetacea
Whales, Dolphins
NA
Mammalia
(Mammals)
Chiroptera
Bat, Flying Foxes
NA
Mammalia
(Mammals)
Cingulata
Armadillos
NA
Mammalia
(Mammals)
Dasyuromorphia
Tasmanian Devils
NA
Mammalia
(Mammals)
Didelphimorphia
Opossums
NA
Mammalia
(Mammals)
Diprotodontia
Koalas, Wombats, Kangaroos,
Sugar Gliders
Except Sugar
Gliders derived
from
self- sustaining
captive
populations
Mammalia
(Mammals)
Erinaceomorpha
Hedgehogs, Moonrats
Except
domestic
hedgehogs
Mammalia
(Mammals)
Hyracoidea
Hyrax, Dassies
NA
Mammalia
(Mammals)
Lagomorpha
Pikas, Rabbits, Hares
Except
Domestic
Rabbits
Class
Order
Examples (Including, not
limited to)
Exceptions/Notes
Mammalia
(Mammals)
Macroscelidea
Elephant Shrews
NA
Mammalia
(Mammals)
Microbiotheria
Monito del Montes
NA
Mammalia
(Mammals)
Monotremata
Echidnas, Platypuses
NA
Mammalia
(Mammals)
Notoryctemorphia
Marsupial Moles
NA
Mammalia
(Mammals)
Paucituberculata
Shrew Opossums
NA
Mammalia
(Mammals)
Peramelemorphia
Bandicoots, Bilbies
NA
Mammalia
(Mammals)
Perissodactyla
Horses, Zebras,
Donkeys, Tapirs,
Rhinoceros
NA
Mammalia
(Mammals)
Pholidota
Pangolins, Scaly Anteater
NA
Mammalia
(Mammals)
Pilosa
Anteaters, Sloths
NA
Mammalia
(Mammals
Primates
Lemurs, Bush Babies,
Monkeys, Apes
NA
Mammalia
(Mammals
Proboscidea
Elephants
NA
Mammalia
(Mammals
Rodentia
Beavers, Squirrels, Mice,
Porcupines, Capybaras,
Rats
Except
rodents
which do
not
exceed 1,500
grams
& derived from
self- sustaining
captive
populations
Mammalia
(Mammals
Scandentia
Treeshrews
NA
Mammalia
(Mammals
Sirenia
Dugongs, Manatees
NA
Mammalia
(Mammals
Soricomorpha
Moles, Shrews
NA
Mammalia
(Mammals
Tubulidentata
Aardvarks
NA
Aves
(Birds)
Anseriformes
Ducks, geese, swans
Except
Domestic Ducks
and Geese as in
Animal
Registration
Section
Class
Order
Examples (Including, not
limited to)
Exceptions/Notes
Aves
(Birds)
Apodiformes
Hummingbirds, Swifts
NA
Aves
(Birds)
Bucerotiformes
Hornbills
NA
Aves
(Birds)
Caprimulgiformes
Nightjars
NA
Aves
(Birds)
Cathartiformes
Vultures
NA
Aves
(Birds)
Charadriiformes
Gulls, Auks, Plovers
NA
Aves
(Birds)
Ciconiiformes
Storks
NA
Aves
(Birds)
Coliiformes
Mousebirds
NA
Aves
(Birds)
Columbiformes
Pigeons, Doves
Except Domestic
Pigeons as
noted in
Animal
Registration
Section
Aves
(Birds)
Coraciiformes
Kingfishers
NA
Aves
(Birds)
Craciformes
Curassows, Guans
NA
Aves
(Birds)
Cuculiformes
Cuckoos, Turacos
NA
Aves
(Birds)
Falconiformes
Falcons, Eagles, Hawks
Except those
owned by
falconers
licensed by the
Ontario Ministry
of Natural
Resources
Aves
(Birds)
Galbuliformes
Jacamars, Puffbirds
NA
Aves
(Birds)
Galliformes
Pheasants, Quail
Except
Domestic
Poultry as
noted in
Animal
Registration
Section
Class
Order
Examples (Including, not
limited to)
Exceptions/Notes
Aves
(Birds)
Gaviiformes
Loons
NA
Aves
(Birds)
Gruiformes
Bustards, Cranes, Rails
NA
Aves
(Birds)
Musophagiformes
Turacos
NA
Aves
(Birds)
Passeriformes
Wrens, Swallows, Warblers,
NA
Aves
(Birds)
Pelecaniformes
Pelicans
NA
Aves
(Birds)
Phaethontiformes
Tropicbird
NA
Aves
(Birds)
Phoenicopteriformes Flamingos
NA
Aves
(Birds)
Piciformes
Toucans, Woodpeckers
NA
Aves
(Birds)
Podicipediformes
Grebes
NA
Aves
(Birds)
Procellariiformes
Albatrosses, Petrels
NA
Aves
(Birds)
Pteroclidiformes
Sandgrouse
NA
Aves
(Birds)
Strigiformes
Owls
Except those
owned by
falconers
licensed by the
Ontario Ministry
of
Natural
Resources
Aves
(Birds)
Struthioniformes
Ostrichs, Emus, Kiwis
NA
Aves
(Birds)
Tinamiformes
Tinamou
NA
Aves
(Birds)
Trogoniformes
Trogons, Quetzals
NA
Aves
(Birds)
Upupiformes
Hoopoes
NA
Class
Order
Examples (Including, not
limited to)
Exceptions/Notes
Reptilia
(Reptiles)
All squamata
purely or partially
of the
following species
the genus Eunectes
[Anacondas]
Morelia amethistina
[Amethystine and
Scrub pythons]
Python molurus [Indian
python,
Indian rock
python, Burmese
python]
Python sebae [African
rock
python]
Python reticulatus
[Reticulated python]
Varanus niloticus [Nile
monitor]
Varanus salvadorii
[Crocodile
monitor]
Varanus salvator [Water
monitor]
Varanus varius [Lace
monitor]
Varanus giganteus
[Perentie]
Varanus
komodoensis
[Komodo dragon]
the family Viperidae
[True vipers,
Fea's viper, Night
adders,
Rattlesnakes etc.]
the family Elapidae
[Cobras,
Mambas, Kraits,
Coral snakes etc.]
the subfamily
Hydrophiinae [Sea
snakes, Coral reef
snakes etc.]
the genus
Dispholidus
[Boomslang
snakes]
the genus Thelotornis
[Twig
snakes]
the genus
Rhabdophis
[Keelbacks]
the genus Atractaspis
[Burrowing vipers,
Mole vipers]
Philodryas viridissimus
[South
American Green racer]
the family Helodermatidae
[Gila monster, Beaded lizards]
NA
Class
Order
Examples (Including, not
limited to)
Exceptions/Notes
Reptilia
(Reptiles)
Crocodylia
All species purely or partially
of the order Crocodylia
[Alligators, Crocodiles,
Caymans, Gavials etc.]
NA
Reptilia
(Reptiles)
All arachnids
purely or partially
of the
following species:
the family Buthidae
[Fat tailed
scorpions, Bark
scorpions etc.]
the family Ctenidae
[Wandering spiders]
the genus Latrodectus
[Black
widow spiders]
the family Sicariidae
[Brown recluse
spider, Assassin
spider,
etc.]
the family Hexathelidae
[Australian Funnel web
spiders]
NA
Reptilia
(Reptiles)
All species purely or partially
of the class Chilopoda
[Centipedes]
Reptilia
(Reptiles)
Rhynchocephalia
Tuatara
Reptilia
(Reptiles)
Testudines
Sea turtles, Red-eared slider
NA
Amphibia
Amphibians
Anura
Frogs, Toads
Except those
derived from
self-
sustaining
captive
populations
Amphibia
Amphibians
Caudata
Salamanders, Newts
Except those
derived from
self-
sustaining
captive
populations
Amphibia
Amphibians
Gymnophiona
Caecilian
NA
Other
Blank
Any and all poisonous or
venomous animals
including insects, spiders,
reptiles, amphibians,
centipedes, fish
NA
Other
Blank
All Characidae fish
(piranhas), and
Gymnotidae
(Electric eel)
NA