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The Corporation of the Town of Minto
By-law Number 2O2O-73
to regulate the keeping, licensing, control, and welfare of certain classes of
animals in the Town of Minto
WHEREAS lhe Municipal Act,2007,5.O.2007, c.25 as amended, permits a municipality
to pass by-laws respecting animals and the protection of persons and property;
AND WHEREAS the Municipal Ae/., 2A07,5.O.2007, c.25 as amended, permits a
municipality to pass a by-law regulating or prohibiting with respect to the being at large or
trespassing of animals and to provide for the seizure, impounding and sale of such
animals;
AND WHEREAS the Municipal Act, 2007,5.O.2007, c.25 as amended, permits a
municipality to provide for a system of licences with respect to animals;
AND WHEREAS the Council of the Town of Minto deems it expedient to prohibit and to
control or regulate ceftain classes of animals;
NOW THEREFORE the Council of the Corporation of the Town of Minto enacts as follows:
1. SHORT TITLE
1.1This by-law shall be known as" The Exotic Animal By-law"
2. DEFINITIONS
2.tln this by-law:
Agricultural Property shall mean any lands designated as an agricultural zone under the
provisions of the Town of Minto Zoning By-law where the predominant use is for
agricu ltu ra I pu rposes.
Animal shall mean any member of the animal kingdom, other than human.
Harbour shall mean keeping or possessing, for any period, whether temporary or not.
Hen shall mean a female chicken.
Keep shall mean harboring or possessing, for any period, whether temporary or not.
License shall mean a license issued by the Town of Minto pursuant to this by-law.
ffiicer shall mean a person appointed by the Town of Minto to be responsible for enforcing
the municipalities by-laws and may include, but not limited to, a By-law Enforcement Officer
or a Provincial Offences Officer.
Owner shall mean any person who keeps, harbours, or possesses an animal and where the
owner is a minor, the person responsible for the custody of the minor.
Person shall mean an individual, sole proprietorship, partnership, limited partnership,
trust, corporation, and an individual in his or her capacity as a trustee, executor,
administrator, or other legal representative.
Pound shall mean any premise or facility, or part thereof, used by the Town for the
temporary housing or boarding of animals that have been impounded pursuant to this by-
law.
Pound Keeper shall mean any person appointed by the Town to provide a pound
Property shall mean a parcel of land or real estate.
Rooster shall mean a male chicken.
Running at large shall mean an animal that is not on the property of the owner and not
under the control of a responsible person.
Town shall mean to Corporation of the Town of Minto.
3. PROHIBITED ANIMALS
3.1 No person shall keep, harbour, or possess an animal identified as prohibited in
Schedule A to this by-law.
3.2 Notwithstanding section 3.1, an animal identified as prohibited in schedule A to this by-
law may be kept or harboured:
(a) at a special event approved by the Town;
(b) at a premise licensed or exempt under the Animals for Research Act, R.S.O. 7990,
c.A.22 as amended,
(c) by a person licensed, exempt, or otherwise expressly permitted by Provincial or Federal
legislation,
(d) at a veterinary hospital under the care of a veterinarian licensed by the College of
Veterina ria ns of Onta rio,
(e) at a public pound,
(f) in a vehicle that is transporting the prohibited animal to either sub paragraph (d) or (e).
3.3 Notwithstanding section 3.1, no person shall keep, harbour, or possess an animal that
is prohibited by or under any Provincial or Federal legislation.
4. RESTRICTED ANIMALS
4.1 No person shall keep, harbour, or possess any animal or animals of any of the
following classes on a property zoned other than agricultural:
(a)All ungulate, artiodactyla and perissodactyla (such as goats, sheep, pigs, cattle, deer,
camels, emu, hippopotamus, rhinoceros, tapirs, llama, domestic horse, pohy, ass, donkey,
mule, buffalo, bison, zebra, deer, elk, yak and elephants),
(b) Roosters,
(c) Galliformes (pheasants, grouse, guinea fowl, turkeys, peafowl),
(d) Ratites (ostrich, rhea, kiwi, or emu).
4.2 Section 4.1, shall not apply to:
(a) a special event approved by the Town,
(b) a premise licensed or exempt under the Animals for Research Act, R.S.O. 7990, c.A.22
as amended,
(c) a person licensed, exempt, or otherwise expressly permitted by Provincial or Federal
legislation,
(d) a veterinary hospital under the care of a veterinarian licensed by the College of
Veterinarians of Ontario,
(e) at a public pound,
(f) in a vehicle that is transporting the prohibited animal to either sub paragraph (d) or (e)
5. HENS
5.1 No person shall keep, harbour, or possess hens, on a property zoned other than
agricultural, without the coop being licensed by the Town of Minto.
5.2 No person shall keep, harbour, or possess, on a property zoned other than agricultural,
more than 5 hens.
5.3 No person shall keep, harbour, or possess hens, on a property zoned other than
agricultural, in accordance with the following:
(a) a coop shall be in the rear yard where no part of the coop is closer than 1-0 metres (33
feet)to a church or neighbouring residence,
(b) a hen coop shall be located no closer than 1- metre (3 feet)to a rear lot line or interior
side lot line,
(c) a hen coop shall not be in a front or exterior side yard,
(d) a hen coop shall be a maximum size of 10 mz (108 ft2),
(e) a hen coop shall provide a minimum area of .L9 m2 Qnzl for each hen,
(f)a hen coop shall provide a minimum enclosed outdoor area of tm2 (!Ift2),
(g) a hen coop shall provide a perch that is at least 20 cm (8 in) long for each hen,
(h) a hen coop shall be fully enclosed to prevent the hens from escaping and prevent other
animals from entering,
(i) a hen coop shall be properly ventilated, weatherproofed and insulated to maintain a
proper air temperature suitable for the hens,
fi) a hen coop shall provide a nest box for each hen and a dust bath area.
5.4 Every person who keeps, harbours, or possesses hens on a property zoned other than
agricultural shall:
(a) maintain the hen coop in a clean condition, free from the accumulation of feces,
offensive odours, insect, or rodent infestations,
(b) always keep the hens enclosed inside the coop in the rear yard unless under the
owner's supervision,
(c) keep all refuse contained in airtight containers to prevent odours, and disposed of in a
manner that will not create a public nuisance or health hazard,
(d) keep all food for the hens in rodent proof containers,
(e) keep all equipment and materials used to keep and care for the hens stored within a
building or structure or under cover and screened from view of the public. Where it is
necessary to do so, a hedge or other such vegetation shall be planted, or a solid fence
erected to act as a screen,
(f) maintain the coop by regular painting or finished with permanent siding to not exhibit an
unsightly appearance in accordance with the Town of Minto Property Standards By-law.
5.5 Every person who keeps, harbours, or possesses hens, on a property zoned other than
agricultural, shall ensure the flock is supplied with sufficient food and water, and veterinary
care as needed to maintain good health.
5.6 Every person who keeps, harbours or possesses hens, on a property zoned other than
agricultural, shall ensure that expired hens are disposed of under the direction of a
veterinarian or public health professional so as to prevent and control common infectious
diseases and protect public health.
6. COOP REGISTRATION
6.1Any person wishing to keep, harbour or possess hens on a property zoned other
agricultural shall complete the form attached as Schedule B of this by-law and submit it to
the Town along with the required fee as set out in the Town of Minto Fees and Charges By-
law.
6.2 The Town shall provide notice to adjoining property owners that a licence for keeping of
hens has been applied for including the number of hens to be kept. A copy of the
application and license shall be sent to Wellington Dufferin Guelph Public Health.
6.3 The registration of the coop is subject to the completion of an inspection to the
satisfaction of the Town.
6.4 The licensing period shall be 12 months and shall commence on the first business day
in November.
6.5 The Town may revoke or deny a license if any application or other document provided
to the Town by or on behalf of the owner of a hen coop contains a false statement or
provides false information, the coop violates any of the provisions of this by-law or on the
recommendation of a licensed veterinarian.
6.6 A license is not transferable and shall not continue with a property
6.7 An Officer may enter upon the lands to inspect a coop at any reasonable time to
inspect the coop, without prior notice, to ensure compliance with this by-law.
7. RUNNING AT I.ARGE
7.1 No person shall permit or allow any animal owned by them to be at large at any time in
the Town of Minto.
7.2 No person shall permit or allow any animal owned by them to trespass on any property
at any time in the Town of Minto.
7.3 Any person shall be entitled to take charge or control of any animal found to be running
at large or trespassing within the Town of Minto and to deliver the same to the Pound
Keeper.
8. IMPOUNDMENT
8.1 Where an animal is seized and impounded, the Pound Keeper shall make reasonable
effort to notify the owner that the animal has been impounded.
8.2 Where an animal has been seized and impounded, the Pound Keeper shall return it to
the owner provided that:
(a)the owner takes possession of the animal within 3 days after the date of seizure, and
(b)the animal can be laMully returned, and
(c) upon payment of any licensing fees, and
(d) upon payment of any impound and boarding fees.
8.3 The owner of an animal impounded, if known, whether or not the animal is claimed
from the pound by the owner, shall be liable for payment of the pound fee, the boarding
fee and any euthanasia and disposal fees applicable and shall pay all fees to the Town of
Minto.
8.4 Where after 3 days an animal has not been returned to the owner, the pound keeper
may sell or re-home the animal.
8.5 All monies received from the sale of unclaimed animals shall become the property of
the Town of Minto.
8.6 A veterinarian may euthanize an animal if,
(a)the animal is suffering,
(b)the animal's owner or custodian cannot be found promptly, or a veterinarian believes
that,
(i)the animal does not have an owner or custodian, or
(ii)the animal's owner or custodian has abandoned the animal, or
(c) in the veterinarian's opinion, that this is the most humane course of action
9. PENALTY PROVISIONS
9.1 No person shall obstruct an Officer in the enforcement of this by-law.
9.2 Any person who contravenes any provision of this by-law is guilty of an offence and
upon conviction shall be liable to a penalty and costs as provided for in lhe Provincial
Offences Act, R.S.O., 7990 c. P. 33, as amended.
10. SEVERABILIW
10.1 Each and every one of the foregoing provisions of the by-law is severable and if any
provisions of this by-law should, for any reason, be declared invalid by any court, it is the
intention and desire of this Council that each and every one of the then remaining
provisions shall remain in fullforce and effect.
11. REPEAL OF BY-I.AW
11.1This by-law hereby repeals by-law 02-80
Read a first, second, third time and passed in open Council this 4tn day of November 2O2O
Mayo
G
Q^ ^^L* )J\Ll^J>b
Clerk Annilene McRobb
SCHEDULE A
PROHIBITED ANIMALS
No person shall keep, harbour, or possess any of the following classes of animals in the
Town of Minto:
a) All marsupials (such as kangaroos and opossums),
b) All non-human primates (such as gorillas and monkeys),
c) All feline, except the domestic cat,
d) All canidae (such as wolves, coyotes, foxes, and hybrids) except the domestic dog,
e) All viverrine (such as mongooses and civets),
f) All musteline (such as minks, chinchillas, weasels, ferrets, otters, and badgers),
g) All ursine (bears),
h) All hyena,
i) All pinniped (such as seals and walrus),
j) Allsnakes,
k) All lizards,
l) All raptors (such as eagles, hawks, and owls),
m) All edentates (such as anteaters, sloths, and armadillos),
n) All bats,
o) All crocodylia (such as alligators, caimans, and crocodiles),
p) Allskunks,
q) All arachnids (such as spiders, tarantulas, and scorpions),
0 No person shall keep, harbour, or possess wildlife unless,
(i)
The keeping of such wildlife is in accordance with Provincial or Federal
statutes or regulations, and
(ii)
Such animals are kept on lands zoned agricultural.
SGHEDULE B
APPLICATION TO KEEP HENS IN A RESIDENTIAL AREA
Name of Registered Owner:
Address:
Phone#:
Email (mandatory)
Number of laying hens (must be 5 or less):
Name of Veterinarian
Vet Contact I nformation
Please draw or attach a site plan or coop design/layoul:
Add itional I nformation :
Signature of Registered Owner
Town of Minto
Set Fines
Part 1 Provincial Offences Act
By-law 2O2O-73, a by-law to regulate the keeping, licensing, control, and welfare of certain
classes of animals in the Town of Minto
Note: The general penalty provisions for the offences listed above is section 9.2 o'f by-law
2O2O-73, a certified copy of which has been filed.
Column 3
Set fines
(including costs)
$200.00
$100.00
$150.00
$100.o0
$100.o0
$200.00
$400.00
Column 2
Provision creating or
defining offence
Section 3.1
Section 4.1
Section 5.1
Section 5.2
Section 5.3 (a)
Section 7.1
Section 9.1
Column 1
Short form wording
Keep, harbour, possess a prohibited animal
Keep, harbour, possess a restricted animal
Failto license hen coop
Keep, harbour, possess more than 5 hens
Failto maintain coop in a clean condition
Allow or permit animalto run at large
Obstruction
Item
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2
3
4
5
6
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