By-law 3464/17 - Animal Control (Backyard Chickens)
Iroquois Falls, Ontario
· adopted 2017-10-30
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THE CORPORATION OF THE TOWN OF IROQUOIS FALLS
BY.LAW NO. 3464117
"Being a by-law to regulate the keeping of animals."
WHEREAS subsection 10(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
(the "Municipal Act, 2001") authorizes The Corporation of the Town of
Iroquois Falls to pass by-laws concerning the health, safety and well-being
ofpersons; and
\ryHEREAS subsection l0(2) of the Munícipal Act, 2001, as amended, authorizes The
Corporation of the Town of Iroquois Falls to pass byJaws regarding
animals; and
WHEREAS subsection 103(l) of the Municipal Act, 2001 provides that if a
municipality passes a by-law regulating or prohibiting animals being at
large that it may provide for the seizure, impounding or sale of such
animals in such by-law; and
WHEREAS subsection 105(l) of the Municipal Act, 2001 provides that if a
municipality requires lhe muzzling of a dog under any circumstances, the
council of the municipality shall, upon the request of the owner of the dog,
hold a hearing to determine whether or not to exempt the owner in whole
or in part from the requirernent; and
WHEREAS Council for The Corporation of the Town of Iroquois Falls deerns it
advisable to enact such a byJaw to encourage responsible pet ownership.
NOW THEREFORE, COUNCIL FOR THE CORPORATION OF THE TOWN OF
IROQUOIS FALLS ENACTS AS FOLLO\ilS:
INDEX:
Article 1 - Definitions ..............
Article 2 - Prohibited Animals.
Article 3 - Keeping Animals....
Article 4 - Animals at Large....
Article 5 - Impounded Animals
.Page2
Article 6 - Dog and Cat Licenses
Article 7 - Dogs - General...........
ArticleS-Dogs-Biting
Article 9 - Cats - General
Article 1 0 - Exemptions..............
...Page7
Page 8
Article 11 - Backyard Chickens - Permit
Article 12 -Backyard Chickens - General
Article I 3 - Offences..............
Article 14 - Power of Entry....
Article 15 - Duty to Identify
Article 1 6 - Severability...........
Article 17 - Transitional Provision........
Article 18 - Short Title......
Article 19 - Interpretation
Article 20 - Reference to Legislation....
Article 21 - Effective Date and Repeal.
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Page 5
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Schedule '(A)' - Prohibited Animals
Schedule "B" - Fees
Schedule "C" - Application for the Keeping of Backyard Chickens
Article 1. - Definitions
1.1 Animal includes any member of the animal kingdom, other than a human;
Animal Control Officer means a person so appointed by the Council of the
Corporation of the Town of Iroquois Falls to enforce Town By-laws respecting
animals and includes an Animal Control Officer and a By-law Enforcement
Officer appointed by Council;
Animal Control Order means an order declaring a dog to be a biting dog, served
on the owner, issued by an Animal Control Officer;
At Large means to be found in any place other than the owner's property and not
under control ofany person;
Backyard Chickens means the accessory keeping of hens for the purposes of
companionship as a pet or of providing food for the personal consumption of
occupants of a dwelling on the same lot, and does not include accessory livestock,
or agricultural uses otherwise defined by the Town of Iroquois Falls' ZoningBy-
Law;
1.2
1.3
t.4
1.5
1.7
1.8
1.9
1.6
Bite includes the breaking, puncturir.g or bruising of the skin of a p€rson or a
domestic animal caused by the tooth or teeth of a dog and "bitten" has a
corresponding meaning;
Biting Dog includes a dog that:
i.
in the absence of a mitigating factor, has attacked, bitten, or caused physical
injury to a person or a domestic animal;
ii.
in the opinion of an Animal Control Officer, is likely to attack, bite or cause
physical injury to a person or domestic animal; or
iii. a dog that has been declared vicious or a biting dog in another municipality
in Ontario;
Cat includes a feline of any breed of domesticated cat or cross-breed
domesticated cat, but does not include felines less than four months of age;
Clerk means the Clerk-Administrator of the Town and also means their
designate;
1.10 Commercial Event includes an event where a fee is charged for entrance or
participation, or goods or services are displayed for sale and the person, group or
corporation conducting the event is for-profit;
1.11 Coop means a fully enclosed weatherproof building where hens are kept and
which the interior includes nest boxes for egg laying, perches for the hens to sleep
on and food and water containers;
l.l2
Distress includes the state of being in need of proper care, water, food or shelter
or being injured, sick or in pain or suffering or being abused or subject to undue
or unnecessary hardship, privation or neglect;
1.13 Dog includes a canine of any breed of domesticated dog or cross-breed
domesticated dog, but does not include canines less than four months of age;
l.l4 Domestic or Domesticated Animal includes any animal kept by a person as a pet
and includes a service animal, but does not include any exotic animal;
1.15 Dwelling includes one or more connecting rooms used, or intended for use, as a
housekeeping unit containing cooking, eating, sleeping, and sanitary facilities;
1.16 Enclosure includes a structure, cage or apparatus utilized to keep the animal
confined for safekeeping;
2
1.17 Exotic when used to describe an animal means one that does not have its habitat
(either customarily or habitually) within Canada;
1.18 Farmers' Market means a central location at which a group of persons who
operate stalls or other food premises meet to sell or offer for sale to consumers
products that include, without being restricted to, farm products, baked goods and
preserved foods, and at which the majority of the persons operating the stalls or
other food premises are producers of farm products who are primarily selling or
offering for sale their own products;
l.l9 Hen means a domesticated female chicken that is at least four months old;
1.20 Keep means to own, or possess or harbour or to have custody of an animal, and
"keeps" and "keeper" have a coffesponding meaning;
l.2l Kennel includes any building, structure or other facility or part thereof, where
greater than three (3):
i.
dogs or cats are kept for breeding or show pu{poses; or
ii.
dogs or cats are kept for boarding purposes;
1.22 Leash includes a leash attached to the collar or.harness worn by a dog or cat and
of sufficient strength to restrain the dog or cat;
1.23 Minor is a person who has not achieved the age of 18 years of age;
1.24
Mitigating Factor includes a circumstance that may excuse aggressive behaviour
of a dog and, without limiting the generality of the foregoing, may include
circumstances where:
i.
the dog was, at the time of the aggressive behaviour, acting in defense of an
attack by a person or aggressive animal; or
ii.
the dog was, at the time of the aggressive behaviour, acting in defense of its
young or reacting to a person or domestic animal trespassing without
permission or colour of right on the property of its owner; or
iii. the dog was, at the time of the aggressive behaviour, being teased, provoked
or tormented;
1.25 Muzzle includes a humane fastening or covering device of adequate strength and
design and suitable to the breed of the dog, that fits over the mouth of the dog and
cannot be removed by the dog, so as to prevent the dog from biting;
1.26 OSPCA means the Ontario Society for the Prevention of Cruelty to Animals,
whose purpose under the OSPCA Act is to facilitate and provide for the
prevention of cruelty to animals and their protection and relief therefrom;
1.27 OSPCA Act means the Ontario Society for the Prevention of Cruelty to Animals
Act, R.S.O. 1990, c. O. 36, as amended;
1,28 Owner means a person or persons who keeps an animal, and where the owner is a
minor, the person responsible for the minor;
1.29 Owner's Property includes the property, building or dwelling owned or occupied
by the owner of an animal, or any potion thereof;
1.30 Police Dog includes a dog trained for and actually engaged in law enforcement
for the police or other person duly appointed as a peace officer;
1.31 Possession or Harbouring of an animal shall be deemed to occur when:
i.
a person permits an animal to remain at or about the property or dwelling
which s/he owns or occupies; or
aJ
11.
an animal is habitually kçt in the occupier's dwelling or on the owner's
property;
1.32 Pound includes premises that are used for the detention, maintenance or disposal
of dogs or cats that have been impounded pursuant to a by-law of the municipality
or the Dog Owners' Liability Act, R.S.O. 1990, Chapter D.16, as amended;
1.33 Prohibited Animal includes an animal of the type listed in Schedule "A"'
1.34 Public Property means any property owned by:
i.
the Corporation of the To'*n of Iroquois Falls;
ii.
any local board as defined in the Municipal Affairs Act, R.S.O. 1990, c.
M.46, as amended;or
iii. the federal or provincial government;
1.35 ResidentialZone means a property:
i.
zoned to permit residential uses pursuant to pursuant to the municipality's
zoningBy-Law;or
ii. for which a residential use is a legal non-conforming use pursuant to the
PlanningAct, R.S.O. 1990, c. P.l3,as amended;
1.36 Rural Zone means aproperty:
i.
zoned Rural Restricted or Rural General and which permits agricultural uses
pursuant to the municipality's zoning By-Law; or
ii
for which an agricultural use is a legal non-conforming use pursuant to the
PlanningAct, R.S.O. 1990, c. P.i3,as amended;
1.37 Safekeeping of an animal means the provision of such security in order to prevent
an animal from attacking or injuring a person or another animal, or exposing such
person or animal to infection or disease, and also includes the provision of an
environment wherein the animal cannot be injured or infected by the enclosure,
and in addition, the said enclosure shall not cause psychological or mental harm to
the animal, which shall be ascertained by the distress caused to the animal in the
said enclosure, so determined by a veterinarian or other animal expert;
1.38 Service Animal includes an animal if:
i.
it has been trained to provide assistance to a person with a disability that
relates to a person's disability; and
ii. it is readily identifiable that the animal is used by the person for reasons
relating to his or her disability; or
iii. if the person provides a letter from a regulated health professional
confirming that the person requires the animal for reasons relating to the
disability;
1.39 Town means the Corporation of the Town of Iroquois Falls or the geographical
boundary of the municipality, as the case may be.
1.40 Under Control means having the animal kept secure and in the possession of the
keeper by means of a leash, chain or tether, or confined in a safe and secure
enclosure in the possession of the keeper.
Article 2 - Prohibited Animals
No person shall keep, harbour, possess, on a temporary or permanent basis, sell or
offer to sell any animal of any kind listed in Schedule "A" - Prohibited Animals -
to this byJaw anywhere in the Town unless the animal is specifically listed as an
exception within the Schedule.
4
2.t
No person shall keep an animal within the Town which is on the list of the
Convention on International Trade and Endangered Species (CITES) without the
prerequisite permit in accordance with CITES.
Article 3 - Keeping Animals
t)
3.1
3.5
3.2
3.3
3.4
Every person who keeps one or more animals shall be responsible to ensure that
the owner's property upon which the animal or animals are kept are maintained in
a sanitary condition and that excrement is not allowed to accumulate and is
disposed of in a proper receptacle which will not create a nuisance or a health
hazard. This provision is in addition to further requirements relating to specific
types of animals contained elsewhere in this by-law.
No person shall keep an animal that is listed as an "exception" in Schedule "A" to
this by-law, except in an area zoned as specified in Schedule "4" in relation to
that animal and where such a requirement is stated.
No person shall keep an animal incidental to a farm or agricultural use, except in a
Rural Zone. A farm use shall be deemed to occur when the animal(s) is/are used
to produce or generate food for human or animal consumption.
No person shall keep an animal tethered on a rope, chain, cord or similar
restraining device unless:
i.
the tether is a minimum of three (3) metres;
ii.
the animal has unrestricted movement within the range of such tether;
iii. the animal is not tethered for longer than ten (10) consecutive hours in a
twenty-four (24) hour period;
iv. the animal has access to water and shelter while tethered; and
v.
the animal cannot injure itself as a result of the tethering.
3.6
Every person who keeps an animal in the Town shall ensure that the standards of
care set out in the Regulations under the Ontario Society for the Prevention of
Cruelty to Animals Act, R.S.O. 1990, c. 0.36, as amended, are provided for the
animal.
Nothing under this section requires the Town to assume responsibility concerning
an animal in distress where such action falls under the purview of the Ontario
Societyþr the Prevention of Cruelty to Animals.
Article 4 - Animals At Large
4.1 No owner of an animal shall permit hislher animal to be at large in the Town.
No owner of an animal shall cause or permit an animal to be at large on the lands
of any other person, provided, however, that this clause does not apply if the
owner or the keeper have not intentionally or deliberately caused or permitted the
animal to be at large and the owner or keeper has proceeded with proper dispatch
to recover the animal according to law.
An Animal Control Officer may capture and take into custody an animal that is at
large upon any property.
Any person may humanely capture an animal found:
i.
at large on his or her property; or
ii.
at large on public property, and
deliver the animal to the custody of an Animal Control Officer.
4.2
4.3
5
4.4
5.1
Article 5 - Impounded Animals
'Where an Animal Control Officer captures and takes into custody an animal
running at large or has a captured animal delivered to him or her, the animal
Control Officer may in his or her discretion:
i.
impound the animal;
ii.
release the animal to its owner;
iii. if the animal is sick or injured, deliver the animal to a licensed veterinarian;
or
1V
if the animal is severely sick, injured or r,icious, destroy the animal.
The Animal Control Officer shall keep a record of every animal impounded,
including:
i.
the date it was impounded;
ii.
a description of the animal:
iii. a description of any identification;
iv. the disposition made with respect to the animal.
Where an animal is impounded for being at large, the owner of the animal shall
pay to the Town reimbursement of its expenses with respect to the animal
including:
i.
the cost of taking the animal into custody, (impound fee) fixed at the amount
listed in Schedule'oB";
ii.
the daily boarding fees for the care of the animal fixed at the amount listed
in Schedule "B"; and
iii. actual veterinarian fees incurred with respect to the animal.
No person shall retrieve an impounded animal from the Town without payment of
the expenses in full referred to in Schdule ooB".
Every owner shall retrieve the impounded animal from the Town within three (3)
days of the day of impound, excluding the day of impound, Saturdays, Sundays,
and any statutory holidays.
Where an animal is not claimed by its owner within three (3) calendar days, the
animal may be disposed of, or destroyed in a humane manner.
Where an animal bears a tag in accordance with this By-law, the Animal Control
Officer shall make at least one attempt to contact the owner in accordance with
the information provided prior to disposing or destroying the animal.
Where an animal is injured or diseased before or after being taken into custody
such that in the opinion of the Animal Control Officer it should be destroyed
without delay for humane reasons or for reasons of safety to persons or animals,
the Town may destroy the animal in a humane manner without giving notice to
the owner or permitting any person to reclaim the animal.
An impounded animal not wearing a tag issued by the Town may be given an
inoculation to provide temporary immunization against common diseases.
Article 6 - Dog and Cat Licenses
Within seven (7) calendar days of the later of becoming:
i.
an owner of a dog or cat required to be licensed under this By-law: or
ii.
a resident of the Town if already an o\4'ner of a dog or cat required to be
licensed under this byJaw;
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
6
6.1
6.3
a person shall obtain a license and pay the fee prescribed by Schedule "8"
Every service animal shall be registered/licensed and receive atag, but at no cost
to the owner.
No person shall operate a kennel without obtaining a license and paying the fee
prescribed in Schedule "8".
6.4 All licenses shall be valid for the lifetime of the animal.
A record shall be kept by the Town, showing the name and address of the owner
of the dog or cat and the serial number of the tag provided to the person.
Where an owner obtains a license for a dog or cat under this By-law, the owner
will be issued a Town of Iroquois Falls tag. Every dog or cat licensed under this
by-law shall have their tag securely attached to a breakaway collar and attached to
the animal at all times unless the dog or cat:
6.2
6.6
7.1
7.2
6.5
is receiving veterinary treatment;
is being cleaned;
otherwise cannot have the tag affixed because it would represent a danger to
the animal; or
the dog is being lawfully used for hunting.
No person shall place an Iroquois Falls tag upon any dog or cat other than the dog
or cat for which it was obtained.
Tags which are lost may be replaced by providing sufficient proof that the license
for the dog or cat has been issued, and paylng to the Town the fee outlined in
Schedule "B" for each lost tag.
Article 7 - Dogs - General
The owner of every dog shall cause the dog to be licensed under this By-law in
accordance with the license fee outlined in Schedule "B".
No person shall keep, or permit to be kept, in or about an owner's property in the
Town, more than three (3) dogs at any one time, with the exception of:
i.
a registered and licensed shelter or pound;
ii.
a kennel;
iii. dogs under the age of four months; or
iv. a registered sled dog owner located in a rural area and registered with the
Town.
7.3
No owner of a dog shall permit the dog to be at large in the Town. A dog shall be
deemed to be at large if it is found in any place other than the owner's property
and not under the control ofany person.
7.4
Every owner of a dog shall ensure that the dog is kept on a leash and under the
control of a person when the dog is on any land in the Town unless:
i.
the land is the premises of the owner of the dog; or
ii.
the land is owned by a person who has given prior consent to the dog being
off the leash;
The owner of a dog shall forthwith remove, or cause to be removed, any
excrement left by the dog on land within the Town. The owner shall dispose of
the excrement in a proper refuse receptacle.
11.
iii.
iv.
6.7
6.8
7
7.5
8.1
8.2
8.3
7.6
Every person who owns a dog shall remove from his or her premises, in a timely
manner, excrement left by the dog.
7.7
Article 7.6 does not apply to:
i.
a handler of a service animal, where the handler is unable to remove the
excrement left by such dog due to physical disability or impediment; or
ii.
a blind or visually impaired hancler of a service animal if the excrement was
left while the dog was off the premises of the handler and during the course
of tulfilling its duties.
Article8-Dogs-Biting
No owner shall permit a dog to bite or attack a person or a domestic animal.
Where an Animal Control Officer has reason to believe that a dog is a biting dog,
an Animal Control Officer may issue and serve upon the owner an Animal
Control Order declaring the dog to be a biting dog.
An Animal Control Order declaring a dog to be a biting dog shall set out such
measures as are required by the owner of the dog to take in respect of such dog,
which may include the following requirements:
i.
the owner shall, when the dog is not securely inside the owner's dwelling
but is otherwise on the owner's property, at all times keep the dog securely
restrained in one of the following manners so as to prevent the dog from
escaping and to prevent the dog from biting or causing injury to any
person or domestic animal entcing onto the o\ryner's property:
a. the dog shall be located within a securely fenced rear or side yard
r¡'here the fence is of sufficient dimension and design to prevent the
dog from escaping from the yard, and any gate in such fenced yard
shall be locked at all times when the dog is in the fenced yard; or
b.
the dog shall be located in a rear or side yard within a fully enclosed
pen or run of sufficient d:mension, design and strength to be humane
and to prevent the dog from digging its way out of or otherwise
escaping from the enclosed pen or run; or
c.
the dog shall be muzzled so as to prevent it from biting a person or
domestic animal and securely restrained within atear or side yard by
means of a leash or chair:. to prevent the dog from escaping from the
yard; and
d. the dog shall not be kept in the front yard of the owner's property.
ii.
the owner shall securely attach amuzzle to the dog at all times when the dog
is in any place other than the owner's property;
iii. the owner shall keep the dog unier the physical control of a person eighteen
(18) years of age or older by means of a non-retractable leash with a
maximum length of three (3) metres held by the said person at all times
when the dog is in any place other than the owner's property;
iv. the owner shall provide to the Animal Control Officer a copy of all
immunization records of the dog within forty-eight (48) hours of service of
the Animal Control Order;
v.
the owner shall notify the Animal Control Officer within forty-eight (48)
hours of any changes to the residency or ownership of the dog;
vi. the owner shall notify the Animal Control Officer within fotty-eight (a8)
hours of the death of the dog.
Every Animal Control Order shall include a statement advising the owner of the
dog of the ability to make application for a hearing before Town Council in
accordance with the provisions of this by-law.
8
8.4
8.6
An Animal Control Order may be served on the owner personally by handing it to
the owner, but where the Animal Control Order cannot be given or served by
reason of the owner's absence from the owner's property or by reason of evasion
of service, the Animal Control Order may be given or served, by:
i.
leaving it at the owner's last known or usual place of abode with an
occupant thereofwho appeared at least sixteen (16) years ofage; or
ii.
posting it in a conspicuous place upon some part of the owner's property
and by sending a copy by regular mail; or
iii. sending it by prepaid registered mail to the owner at the address where he or
she resides.
An Animal Control Order takes effect when it is served on the person to whom it
is directed, and remains fully in effect unless it has been varied by Council.
8.7
An owner of a dog may apply for and is entitled to a hearing before Town Council
in respect of an Animal Control Order, provided the application for a hearing is
made in writing and delivered to the Clerk within fifteen (15) calendar days after
the Animal Control Order has been served.
In accordance with subsection 105(4) of the Munícipal Act, 2001, an application
by the owner of a dog for a hearing under this By-law does not act as a stay of any
mtzzlingrequirement imposed by an Animal Control Order.
Upon receipt of an application for a hearing pursuant to the provisions of this by-
law, the Clerk shall convene a meeting of Council and shall give the owner of the
dog at least seven (7) calendar days written notice of the hearing.
Council may:
i.
confirm, vary, or reverse the declaration in an Animal Control Order that the
subject dog is a biting dog, as the case may be;
ii.
confirm or vary any of the requirements of an Animal Control Order as
Council considers appropriate;
iii. exempt the owner of the dog in whole or in part from any of the
requirements of an Animal Conhol Order, subject to such terms and
conditions as Council considers appropriate;
iv. impose conditions which, if fulfilled to the satisfaction of Council, will
permit Council in its sole discretion to vary or exernpt the owner from some
or all of the terms or restrictions in the Animal Control Order; or
v.
combine any confirmation, variance, condition, or exemption of any of the
requirements in an Animal Control Order as Council considers appropriate.
8.10 Any notice or document that has been served pursuant to the provisions of this
By-law by prepaid registered or regular mail shall be deemed to have been
received by the person to whom it is addressed on the fifth (Sth) day after the day
it is mailed.
8.5
8.11
8.8
8.9
No person shall:
i.
fail to comply with an Animal Control Order;
ii. fail to restrain a dog that is required to be restrained pursuant to an Animal
Control Order;
iii. fail to m'uzzle a dog that is required to be muzzled pursuant to an Animal
Control Order; or
iv. fail to leash a dog that is required to be leashed pursuant to an Animal
Control Order.
9
9.1
9.2
Article 9 - Cats - General
The owner of every cat shall cause the cat to be licensed under this by-law in
accordance with the license fee outlined in Schedule "8" and the owner of such
cat shall provide proof of current rabies immunization.
Every owner of a cat shall ensure that the cat is kept on a leash and under control
of a person unless the:
i.
land is the premises of the owner of the cat; or
ii.
land is owned by a person who has given prior consent to the cat being off
the leash.
9.3
No person shall keep, or permit to be kept, in or about an owner's property in the
Town, more than three (3) cats aI any one time, with the exception of:
i.
a registered and licensed shelter or pound,
ii.
a kennel, or
iii. cats under the age of four r.ronths.
No owner of a cat shall permit the cat to be at large in the Town. A cat shall be
deemed at large if found in any place other than the owner's property and not
under the control ofany person.
9.5
The owner of every cat shall tbrthw'ith remove, or cause to be rernoved, any
excrement left by the cat on land within the Town. The owner shall dispose of the
excrement in a proper refuse receptacle.
Every person who owns or keeps a cat shall remove from his or her premises, in a
timely manner, excrement left by the cat.
9.4
9.6
Article L0 - Exemptions
10.1 Nothing in this by-law shall apply to prohibit the keeping of an animal in the
following plaoes or circumstances:
i.
in a veterinary clinic or hospital under the care of a licensed veterinarian;
ii.
by the OSPCA;
iii. by the Humane Society;
iv. in a retail pet shop, in relation to the keeping for sale or display of those
animals specified as exceptions on Schedule "A" and;
v.
at a Porquis Agricultural Society event;
vi. at a Farmers' Market event, in relation to the keeping for sale or display of
those animals specified as exceptions on Schedule "A";
vi. by anyone licensed by the Provincial or Federal Government which permits
the keeping of animals under cenain conditions;
vii. within educational facilities where animals are being kept for study, research
or teaching pu{poses; or
viii. on the premises of a licensed circus, non-profit exhibition or commercial
event, or authorized parade or procession and during such parade or
procession ifkept under control.
10.2 This by-law does not apply to a police dog actually engaged in law enforcement.
Article 11 - Backyard Chickens - Permit
11.1 No person shall keep Backyard Chickens unless that person first receives a permit
for the keeping of Backyard Chickens from the Town of Iroquois Falls.
10
ll.2 An application for a permit to keep Backyard Chickens, Schedule "C", must be
signed by the applicant(s) and/or property owner(s).
11.3 Where an applicant is a tenant on the property, written permission from the
property owner(s) to keep Backyard Chickens must be obtained and submitted
with the permit application.
ll.4 A site sketch illustrating the location and size of the coop, outdoor enclosure, and
manure storage structure must be submitted with the application.
11.5 The applicant(s) shall pay the applicable annual permit fee outlined in
Schedule "B" prior to receiving a permit under this byJaw.
11.6 The permit to keep Backyard Chickens is to be renewed annually, expiring on
December 3 l't of each calendar year.
Article 12 - Backyard Chickens - General
l2.l
No person shall keep roosters
12.2 No person shall keep, or permit to be kept, in or about an owner's property, more
than four (4) Backyard Chickens at a property in a residential zone under the
Zoning By-Law providing the conditions and requirements contained in this
Article are met.
12.3 The owner of Backyard Chickens must reside on the property where the hens are
be kept.
12.4 A person who keeps one or more Backyard Chickens shall:
i.
construct and maintain a coop to prevent any rodent from harbouring
underneath or within its walls, and to prevent entrance by any other animal;
ii.
provide each hen with at least 0.14 m2 11.5 ft2) of coop floor area;
iii. provide and maintain, in each coop, at least one roost giving 15 cm (6 in.) of
space per hen and also one nest box per four hens;
iii. provide each hen with at least 0.3t m2 13.3 ft2¡ of outdoor enclosure or
fenced yard, having a floor of any combination of vegetated or bare earth in
each outdoor enclosure;
v.
provide an enclosed structure to store manure in with no more than 0.12 m3
(I20litrel26 gallon) of manure to be stored at any one time;
vi. ensure the coop and manure storage structure, exclusive of the outdoor
enclosure, not cumulatively exceed an area of 10 m2;
vii. ensure the coop, outdoor enclosure, and manure storage structure are all
within the rear yard, exterior side yard, or interior side yard of the property
and are set back at least:
Ð 1.2 metres (3.9") from the rear lot line of the property;
b) 2.5 metres (8'2") from any interior side lot line of the property
c) 2.5 metres (8'2") from the exterior side lot line of the property; and
d) 2.5 metres (8'2") from any rear lot line abutting an exterior side yard or
interior side yard of another property
Note: when a coop is built within a shed or other structure, only the portion
actually used to house hens shall be required to meet the setback
requirements.
viii. maintain each hen enclosure(s) in good repair and sanitary condition, and
free from vermin and obnoxious smells and substances;
11
ix. provide each hen with food, water, shelter, light, ventilation, veterinary care,
and opportunities for essential behaviors, all sufficient to maintain the hen in
good health. A food container and water is to be kept in each coop;
x.
keep each coop locked from sunsetto sunrise;
xi. keep each hen in an enclosed aræ at all times;
xii. ensure all stored feed is kept in rodent proof containers and secured at all
times to prevent rodents and other animals from accessing it;
xiii. remove leftover feed, traslr, and manure in a timely manner;
xiv. remove all other manure not used for composting or fertllizing;
xv. follow biosecurity procedures recommended by the Canadian Food
Inspection Agency;
xvi. keep hens forpersonal use only;
xvii. not slaughter, or attempt to euthanize, a hen on the property;
xviii. not dispose of a hen excep by delivering it to a farm, abattoir, veterinarian,
mobile slaughter unit, or other facility that has the ability to dispose of hens
lawfully; and
xix. not sell eggs, manure and other products associated with keeping hens.
Article L3 - Offences
13.1 Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
13.2 Every corporation who contravenes any provision of this by-law, including those
contained in any of the Schedules, is guilty of an offence and on conviction liable
to a fine of not more than $50,000.00, exclusive of costs, under the Provincíal
Offences Act, R.S.O. 1990, c. P.33, as amended.
Article 14 - Power of Entry
l4.l
Pursuant to Section 436 of the 'Vlunicipal Act, 2001, an Animal Control Officer,
and anyone under the Officer's direction, ffi&y enter on land at any reasonable
time for the purpose of carrying out an inspection to determine whether or not the
requirements of the Animal By-Law are being complied with.
Article 15 - Duty to Identify
15.1 Where an Animal Control Officer has reasonable grounds to believe that an
offence has been committed by a person, the Animal Control Officer may require
the name, address and proof of identity of that person and the person shall supply
the required information. A failure by the person to supply the required
information constitutes a hindrance or obstruction of the Animal Control Officer.
15.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this bylaw.
Article L6 - Severability
16.1 In the event any provision of this by-law is deemed invalid or void, in whole or in
part, by any court of competent jurisdiction, the remaining terms and provisions
shall remain in full force and effect unless the court makes an order to the
contrary.
12
Article 17 - Transitional Provision
l7.l Notwithstanding the repeal of By-Laws 837, 2376-88, 2522-92, 2689-97,
2764-99, those By-laws and Chapters shall continue to apply to any acts,
omissions or occurences, and to any offences that took place prior to the
enactment of this byJaw.
Article 18 - Short Title
18.1 This byJaw may be known as the "Animal By-Law."
Article 19 - Interpretation
19.1 Whether any word, phrase or term defined in this by-law is capitalized or not, the
use of that word, phrase or term is a reference to the defined word, phrase or term.
Where the context requires, the plural shall mean the singular and vice versa.
Article 20 - Reference to Legislation
20.1 Reference to any legislation shall include any and all amendments made thereto.
20.2 Reference in any document to a By-law repealed by this By-law shall be deemed
to be reference to this by-law.
Article 21 - Effective Date and Repeal
2l.l
This by-law and the attached Schedules come into effect on the day of passing.
2'1,.2 That By-Law No. 3454117 is repealed.
Read a FIRST, SECOND, and THIRD time and passed this 30û day of Octobe\2017
MICHAEL SIIEA
sIGNED: .il1.c-r-\- J ft^
i
- _MAYOR
LINDA McLEAfl
SIGNED:
Certified True Copy of
By-Law No.3464117
Clerk
13
Prohibited Animals
Schedule "A"
Pholidota
Perissodactyla
Peramelemorphia
Pancituberculata
Notoryctemorphia
Microbiotheria
Macroscelidea
Lagomorpha
Hyracoidea
Erinaceomorpha
Diprotodontia
Didelphimorphia
Dasyuromorphia
Gingulata
Ghiroptera
Getacea
Carnivora
Artiodactyla
Afrosoricida
Mammalia (mammals)
Chondrichthyes (cartilageous fish)
Aves (birds)
Arthropods
Amphibia (amphibians)
Actinopterygii (bony fish)
Bandicoots and bilbies
Rat opposums, shrew opposums
Marsupial moles
Monito
Elephant shrews
lncluding but not limited to hares, leporids,
pikas, rabbits
Hyraxes
Hedgehogs
lncluding but not limited to kangaroos, koalas,
wombats, possums
Oppossums
Most carnivorous marsupials including quolls,
dunnarts, num bats, Tasmanian Devils
Armadillos
Bats, flying foxes
lncluding but not limited to dolphins, porpoises,
whales
Pangolins
lncluding but not limited to rhinoceros, tapirs,
zebras
EXGEPT:
Donkeys, horses, mules kept in a Rural
Zone for agricu ltu ral/farm i ng purposes
lncluded but not limited to badgers, bears,
canines, civets and related species, felines,
mongooses, raccoons, skunks, weasels and
related species, weasels
EXGEPT:
Domestic cats; domestic dogs but not Pit
Bull Terriers; ferrets
lncluding but not limited to antelopes, camels,
moose, giraffes
EXCEPT:
Alpacas, bison, cattle, deer, elks, goats,
Ilamas, pigs, sheep kept in a Rural Zonefor
agricultural/farmi ng purposes
Golden moles, tenrecs
lncluding but not limited to rays, sharks,
stingrays
lncluding but not limited to pigeons, doves,
hawks, eagles, owls, grouse, peacocks, swans
ffEE[:
Backyard Chickens; as well as chickens,
ducks, emus, geese, ostriches, rheas,
and turkeys kept in a Rural Zone for
agricultural/farming purposes
lncluding but not limited to arachnids, insects,
scorpions
lncluding but not limited to frogs, salamanders
lncluding but not limited to catfish, eels,
piranhas
EXGEPT:
Fish kept in approved zoning areas for
aquaculture/fish farming purposes
CLASS / ORDER
SPECIFICS AND EXCEPTIONS
14
lncluding but not limited to beavers, mice,
porcupines, rats, squirrels
EXGEPT:
Ghinchillas, gerbils, guinea pigs,
hamsters kept as pets - limit of two per
Dwelling
Tree shrews
Dugong, manatees
Shrews, moles
Echidnas
Aardvark
lncluding but not limited to lizards, snakes,
turtles
EXCEPT:
Chameleons, geckos - limit of two per
Dwelling
Anteaters, sloths
Platypus, also called duckbill
lncluding but not limited to apes, monkeys,
lemurs
Elephants
Pilosa
Platypoda
Primates
Proboscidea
Rodentia
Scandentia
Sirenia
Soricomorpha
Tachyglossa
Tubulidentata
Reptilia (Reptiles)
SPECIFICS AND EXCEPTIONS
CLASS / ORDER
1 5
Schedule "B"
TOWN OF IROQUOIS FALLS
Backyard Chickens Permit Fee
Keepinq of Backvard Chickens $25.00 / year
Fee
lmpound Fee
Boarding Fee*
(max. of three days)
Veterinarian Fee
Based on actual fees
$50.00
$10.00 / day
Fees
Cat and Dog lmpoundment Fees
* excluding the day of impoundment
Cat and Dog License Fees
* Veterinarian documentation is required as proof that the animal is spayed/neutered
Service Animals
ln accordance with Article 6.2, all service animals must be licensed, but shall pay no licensing
fee.
Cat - Spayed/Neuterd*
Cat - Unaltered
Dog - Spayed/Neutered*
Dog - Unaltered
Replacement tag
Kennel License
$10.00 / lifetime of animal
$20.00 / lifetime of animal
$20.00 / lifetime of animal
$20.00 / lifetime of animal
$ 5.00 / tag
$25.00 / year
$20.00 / lifetime of animal
$30.00 / lifetime of animal
$30.00 / lifetime of animal
$30.00 / lifetime of animal
$5.00 / tag
$25.00 / vear
2017
Effective Jan
Fees
1 st 2018
I6
Schedule "C"
TOWN OF IROQUOIS FALLS
Application for the Keeping of Backyard Chickens
licant Information
A site sketch illustrating the location and size of the coop, outdoor enclosure, and manure
storage structure must be submitted with the application.
Declarations
l/we
(name of Applicant(s)) hereby declare:
1. That l/we have reviewed the following documents:
a) The OMAFRA Factsheet entitled "Biosecurity Recommendations for Small Flock
Chickens Owners"
b) The Resource Kit entitled "Keeping Your Birds Healthf' distributed by the Ontario
Ministry of Agriculture, Food and Rural Affairs.
2. That l/we will provide for suitable housing and shelter of the chickens in my/our care and will
maintain such housing in a clean and wholesome state, having regard for "Biosecurity
Recommendations for Small Flock Chickens Owners".
3. That l/we will provide the chickens in my/our care with appropriate food, water, space, and
environmental conditions conducive to good health and the opportunity to socialize and
engage in fundamental behaviours such as scratching, and roosting.
4. That l/we have reviewed the relevant sections of the Town of lroquois Falls' Zoning By-Law
and will abide by the permissions and provisions within it.
Dated this _
day of
,20
Signature of Applicant
Signature of Witness
Signature of Applicant
Signature of Witness
Where the applicant is a tenant, the signature of the property owners are required below
confirming they are aware of and support the application for the keeping of Backyard Chickens on
their lands.
Signature of Property Owner
Signature of Witness
Name of Applicant(s)
Name of property owner
(if other than Applicant)
Address of property where
Backyard Chickens are to kept
Mailing address of Applicant
(if different than above)
Telephone Number
Signature of Property Owner
Signature of Witness
I7
37
36
35
34
33
32
3 1
30
29
28
27
26
25
24
23
22
21
20
19
18
17
l6
15
14
13
12
11
10
I
I
7
6
5
4
3
2
1
ITEM
Obstruct an Animal Control Officer
Sell eggs, manure, or associated producis
Fail to dispose of hen at farm, abattoir,
veterinarian, mobile slaughter unit, or other
facility able to lawfully do so
Slaughter or attempt to euthanize hen
Fail to remove leftover feed, trash. manure
Fail to store and secure feed
Fail to keep hen in enclosed area
Fail to keep coop locked
Fail to provide hen with food, water, shelier,
liqht, ventilation, or veterinarv care
Failto maintain hen enclosure(s)
Fail to remove cat excrement from premises
Fail to remove cat excrement on land
Permit cat to be at large
Keep more than three cats
Fail to obtain license for cat
Fail to comolv with Animal Control Order
Permit doq to bite or attack
Fail to remove doq excrement from premises
Fail to remove dog excrement on land within
the Town
Permit doq to be at larqe
KeeD more than three doqs
Fail to obtain license for dog
Place tag on cat other than cat for which it was
obtained
Place tag on dog other than dog for which it
was obtained
Fail to attach taq to cat
Fail to attach taq to doq
Operate a kennel without a license
Permit animal to be at large
Fail to protect animal from iniury while teihered
Fail to provide access to shelter and water
while tethered
Keep animal tethered longer than :en
consecutive hours
Fail to provide unrestricted movement while
tethered
lmproper length of tether
Keep a farm animal- not in an agricultural
zone
Keep a prohibited animal in a zone other than
that specified
Fail to maintain property
Keep, harbor, or possess a prohibited animal
COLUMN I
Short Form Wording
15.2
12.4xix
12.4 xvüi
12.4 xvü
12.4 xäi
12.4 xä
12.4 xi
12.4 x
12.4 ix
12.4 väi
9.6
9.5
9.4
9.3
9.1
8.11
8.1
7.6
7.5
7.3
7.2
7.1
6.7
6.7
6.6
6.6
6.3
4.1
3.4 v
3.4 iv
3.4 iii
3.4 ii
3.4 i
3.3
3.2
3.1
2.1
COLUMN 2
Provision
Creating or
Defininq Offence
$500.00
$200.00
$200.00
$200.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$r 00.00
$ 50.00
$100.00
$300.00
$300.00
$100.00
$100.00
$100.00
$100.00
$ 70.00
$100.00
$100.00
$ 50.00
$ 50.00
$ 20.00
$100.00
$100.00
$100.00
$100.00
$r 00.00
$100.00
$100.00
$100.00
$100.00
$100.00
COLUMN 3
Set Fine
The Corporation of the Town of lroquois Falls
Part I Provincial Offences Act
By-Law Number 3454117: Regulate the Keeping of Animals
NOTE: The penalty provisions for the offences indicated above is Section 13 of By-Law
No. 3454/17, a certified copy of which has been filed.
18
November 29,2017
Ms. Linda Mclean
Town of lroquois Falls
253 Main Street
P.O. Box 230
lroquois Falls, Ontario, POK 1GO
Dear Ms. Mclean:
Re: Set Fines - Provincial Offences Act- Fart I
Town of lroquorc Fal/s, Cochrane District
Enclosed herewith is an original Order and an original schedule of set fines for By-law No.
3464117, the By-law indicated in the schedule. Please ensure that a copy of the said
documents is fon¡varded to the Provincial Offences Office, which has jurisdiction for the
Town of lroquois Falls.
The setting of the fines does not constitute my approval of the short form of wording used
to describe the offences.
I have fonruarded the original of the Order and the schedule of the set fine to the Ontario
Court of Justice in Cochrane, together with a certified copy of the By-law.
Yours
coPtËD To:
PATRI
CHER
OFFICE OF THE RE6IONAL SENIORJUSTICE
ONTARIO COURT OF JUSTICE
NORTHEAST RECION
I 59 CEDAR STREET
3- FLOOR, SUITE 303
SUDBURY, ONTARIO P3E 6A5
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
PJB/hrd
Encl.
c.c.
cABTNET DU JUcE pRtNctpAL RÉc¡orunr
COUR DEJUSTICE DE L'ONTARIO
RÉcior.t DU NoRD-EST
I 59, RUE CEDAR
:" r-rncr, BUREAU 303
SUDBURY (ONTARIO) P3E 6A5
TELEpHoNEÆÉ¡_ÉpHorur e oÐ s64-7 624
rnx/rÉlÉcopreuR (705) s64-7 620
DEC I 2 2017
ACTION FItEtr]CCTf RCE DEPT,HEÂDSE
REFËRRED
Her Worship Lauren Scully, Regional Senior Justice of the Peace
His Worship Francois Cloutier, Justice of the Peace
The Corporation of the Town of lroquois Falls
Part I Provincial Offences Act
"thLtll?
By-Law Number 31-51117: Regulate the Keeping of Animats
COLUMN 3
Set Fine
$100.00
$100.00
$100.00
$ 1 00.00
$100.00
$100.00
$100 00
$100.00
$ 1 00.00
$100.00
$ 20.00
$ 50.00
$ 50.00
$100.00
$100.00
$ 70.00
$100.00
$100.00
$100.00
$100.00
$300.00
$300.00
$100 00
$ 50.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$200.00
$200.00
$200.00
$500.00
COLUMN 2
Provision
Creating or
Defininq Offence
2.1
3.1
3.3
3.4 i
3.4 i¡
3.4 ii¡
3.4 iv
3.4 v
4.1
o.J
b.b
6.6
o.t
6.7
7.1
7.2
7.3
7.5
7.6
8.1
8.1
'1
9.1
9.3
9.4
9.5
9.6
12.4 viti
12.4 ix
12.4 x
124xi
12.4 xü
12.4 xtü
12 4 xvli
12.4 xvüi
12.4 xix
15.2
COLUMN 1
Short Form Wording
Keep, harbor, or possess a prohibited animal
Fail to maintain property
Keep a prohibited animal in a zone other than
that specified
Keep a farm animal - not in an agricultural
zone
lmproper lenqth of tether
Fail to provide unrestricted movement while
tethered
Keep anlmal tethered longer than ten
consecutive hours
Fail to provide access to shelter and water
while tethered
Fail to protect animal from iniurv while tethered
Permit animal to be at larqe
Operate a kennel without a license
Fail to attach taq to doq
Fail to attach taq to cat
Place tag on dog other than dog for which it
was obtained
Place tag on cat other than cat for which it was
obtained
Fail to obtain license for doq
Keep more than three doqs
Permit doq to be at larqe
Fail to remove dog excrement on land within
the Town
Fail to remove doq excrement from premises
Permit doq to bite or attack
Fail to complv with Animal Control Order
Fail to obtain license for cat
Keep more than three cats
Permit cat to be at larqe
Fail to remove cat excrement on land
Fail to remove cat excrement from premises
Fail to maintain hen enclosure(s)
Fail to provide hen with food, water, shelter,
liqht, ventilation, or veterinarv care
Failto keep coop locked
Fail to keep hen in enclosed area
Fail to store and secure feed
Fail to remove leftover feed, trash, manure
Slaughter or attempt to euthanize hen on
propertv
Fail to dispose of hen at farm, abattoir,
veterinarian, mobile slaughter unit, or other
facilitv able to lawfully do so
Selleggs, manure, or associated products
Obstruct an Animal Control Officer
ITEM
1
2
J
4
5
6
7
8
I
10
11
12
13
14
15
16
17
1B
19
¿u
21
22
23
24
25
26
27
28
29
30
JI
1..)
JJ
34
35
JO
J/
NOTE: The penalty provisions for the offences indicated above is Section 13 of By-Law
No. 3454/17, a certified copy of which has been filed.
OFFICE OF THE RECIONAL SENIORJUSTICE
ONTARIO COURT OF JUSTICE
NORÏHEAST RECION
i 59 CEDAR STREET
3d FLOOR, SUITE 303
SUDBURY, ONTARIO P3E 6A5
CABINET DU JUCE PRINCIPAL RÉGIONAL
COUR DEJUSTICE DE L'ONTARIO
RÉGIoN DU NoRD-EST
I 59, RUE CEDAR
3.TTACE, BUREAU 303
SUDBURY (ONTARIO) P3E 6A5
TELEPHON ErrÉLÉpHONE (7 Os) 5 64-7 62 4
FAX/rÉLÉCOPTEU
R (705) 5 64-7 620
PROVINCIAL OFFENCES ACT
Part I
lT lS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for
the Ontario Court of Justice, that the amount set opposite each of the offences in the
schedule of offences under the Provincial Statutes and Regulations thereunder and
Municipal By-Law No. 3464/17 of the Town of lroquois Falls, Cochrane District, attached
hereto is the set fine for that Offence. This Order is to take effect December 6rh,2017.
Dated at the City of Greater Sudbury, this 29h day of November,2017.
PATRICK BOUCHER
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE