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CORPORATION OF THE MUNICIPALITY OF MORRIS-TURNBERRY
BY-LAW NO. 109-2019
Being a by-law to regulate animal care and control within the Municipality of Morris-
Turnberry.
WHEREAS Section 9 of the Municipal Act S.O. 2001 c.25 provides that a Municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under that or any other Act;
AND WHEREAS Section 11(1) ofthe Municipal Act S.O. 2001 c.25 provides that a
lower-tier municipality and an upper-tier municipality may provide any service or thing
that the municipality considers necessary or desirable for the public, subject to the rules
set out in subsection (4) ofthe act;
AND WHEREAS Section 11(3)(9) of the Municipal Act S.O. 2001 c.25 provides that a
lower-tier municipality may pass bylaws with respect to animals.
AND WHEREAS Section 103(1) of the Municipal Act, 2001, S.O. 2001 c. 25 provides
that municipalities may pass a by-law regulating or prohibiting with respect to the being
at large or trespassing of animals and may provide for the seizure, impounding and sale
of such animals being at large or trespassing contrary to the by-law;
AND WHEREAS Section 12 of the Dog Owners' Liability Act R.S.O. 1990, Chapter
0.16 designates a Municipal Law Enforcement Officer as a Peace Officer for the
purposes of enforcing the Act.
AND WHEREAS Section 398(2)(2) of the Municipal Act, 2001 , S.O. 2001 c. 25
authorizes a Municipality to add licensing fees and penalties to the property tax roll;
AND WHEREAS The Corporation ofthe Municipality ofMorris-Turnberry deems it
desirable to pass a by-law with respect to the control of animals and prohibited
animals.
NOW THEREFORE, the Council ofthe Corporation ofthe Municipality ofMorris-
Turnberry enacts as follows:
1.
SHORT TITLE
1.1. This by-law may be referred to as the "Animal Control By-Law"
2.
DEFINITIONS
2.1.
"Act" means the Municipal Act, R.S.O. 2001, Chapter M.25, as amended
from time to time.;
2.2.
"Agreement" means the current agreement duly signed by the Officer of the
Municipality setting out the fees and duties of the Pound Keeper.
2.3.
"Animal Control Officer" means an Animal Control Officer appointed by
bylaw of the Municipality ofMorris-Turnberry; whose duty is to enforce
ordinances regulating the ownership of animals and to respond to incidents in
which animals are involved;
2.4.
"Attack" means an assault resulting in bleeding, bone breakage, sprains, or
bruising.
2.5.
"Bite" means wound to the skin causing it to puncture or break.
2.6.
"Clerk" means the Clerk appointed by the Council of the Corporation of the
Municipality of Morris-Turn berry pursuant to the Act.
2.7.
"Council" means the Council of the Corporation ofthe Municipality of
Morris-Turn berry.
2.8.
"Dog" means a male or female dog over the age of twelve (12) weeks and
may be neutered or spayed, not to exclude Pit bulls or Vicious Dogs as
defined herein.
2.9.
"Dog Tag" means a metal tag issued as proof of licence bearing a serial
number issued by the clerk, their designate, or the Animal Control Officer of
the Corporation of the Municipality ofMorris-Turnberry.
2.1 0. "Dwelling unit" means a room or suite of two or more rooms, designed or
intended for use by any person or persons, in which sanitary conveniences are
provided and in which facilities are provided for cooking or installation of
cooking equipment and the land on which it is located.
2.11. "Fees and Charges By-Law" shall mean the current fees and charges by-law
for the Corporation ofthe Municipality ofMorris-Turnberry.
2.12. "Harbour" does not include the provision of shelter to a dog for a period of
time of less than seven (7) days, provided that the dog is owned by someone
other than the household group normally residing in the dwelling unit in
which the dog is harboured and can provide proof of a permanent address.
2.13. "Herding Dog" means a dog that has been trained and is actively being used
in a bona fide farming operation for the purposes of controlling livestock on
the farm.
2.14. "Household group" means two or more persons who live in the same
dwelling unit regardless of relation to one another.
2.15. "Kennel" shall mean an establishment where more than three (3) dogs are
kept for the purpose of show, training, keeping, breeding, and raising profit or
gain, but shall not apply to the keeping of animals in a veterinary
establishment for the purpose of observation and/or recovery to veterinary
treatment.
2.16. "Licence" includes a permit, registration or any other type of permission
issued pursuant to the Act or this by-law for which there is a prescribed fee.
2.17. "Livestock" means any domestic fowl (including chickens, geese, ducks,
turkeys, guinea fowl, etc.), horse, donkey, mule, bull, ox, cow or other cattle,
goat, swine, sheep, llama, mink, fox, emu, ostrich but not limited to the
aforementioned or the young thereof.
2.18. "Livestock Guardian Dog" (LGD) is a dog that works and/or lives with
domestic farm animals or livestock (e.g. cattle, sheep, poultry) to protect them
while repelling predators and is used exclusively for that purpose.
2.19. "Municipal Law Enforcement Officer" shall mean a Bylaw Enforcement
Officer, interim or full time, as appointed by Council for the Corporation of
the Municipality of Morris-Turn berry.
2.20. "Microchip" means an approved 'Canadian Standard' encoded identification
device implanted into an animal, which contains a unique code that permits or
facilitates access to owner information, including the name and address of the
owner, which is stored in a central data base.
2.21 . "Muzzle" means a humane fastening or covering device placed over the
mouth of an animal of adequate strength to prevent it from biting. The words
"muzzled" and "muzzling" have a similar meaning.
2.22. "Owner of a dog" means any person who owns, possesses, harbours or has
custody of an animal and, where the owner is a minor, the person responsible
for the custody of the minor. This shall also include a person who is
temporarily the keeper of the animal.
2.23 .
"Peace Officer" means the Animal Control Officer and I or a Provincial
Offences Officer as defined by the Provincial Offences Act, R.S.O. 1990, c.
P.33
2.24. "Pet" means a domestic or tamed animal or bird kept for companionship or
enjoyment. Pet does not include livestock, laboratory animals, working
animals or sport animals.
2.25. "Pet shop" means a shop or place where animals for use as pets are sold for
retail or kept for sale.
2.26. "Pit bull" includes, a pit bull terrier, a Staffordshire bull terrier, an American
Staffordshire terrier, an American pit bull terrier, or a dog that has an
appearance and physical characteristics that are substantially similar to those
of dogs referred to in this paragraph.
2.27. "Pound" means the place which is used for the temporary housing and care of
animals that have been impounded pursuant to this bylaw and so designated
by the Council.
2.28. "Pound keeper" means the person or agency designated for the Municipality
to oversee and operate the pound.
2.29. "Prohibited Animal" means any animal belonging to a group listed in
schedule 'A' of this by-law unless permitted by the Zoning By-Law.
2.30. "Protective care" means the temporary, time-limited keeping of an animal by
the Municipality as a result of an eviction, incarceration, fire or medical
emergency.
2.31 . "Redemption period" means the period of time in which the owner of a dog
that has been impounded pursuant to this by-law has the right to redeem it.
2.32. "Running at large" a dog shall be deemed to be running at large if found not
to be under the control of a competent and responsible person at any place
within the boundaries of the Municipality of Morris-Tum berry other than the
premises of the owner of the dog.
2.33. "Urban" means those land uses designated pursuant to the Municipality's
current Zoning By-law, as amended, for residential, recreational, commercial,
industrial, institutional or developmental within a recognized Town, Village,
Hamlet, or other recognized settlement area.
2.34. "Vicious dog" means a dog which has, without provocation, attacked or
bitten a person or another animal or communicated by its actions an intention,
habit, tendency or has demonstrated a propensity to do so.
2.35. "Without provocation" means in the absence ofteasing, tormenting, abusing
or assaulting actions upon the dog, or its owner, either in the past or the
present, by the person or domestic animal, who sustained the bite or attack.
2.36. "Zoning By-Law" shall mean the current Zoning By-Law, as amended, for
the Corporation ofthe Municipality ofMorris-Turnberry.
3. RESPONSIBILITY TO CARE FOR ANIMALS
3.1.
Every person who keeps an animal within the Municipality shall ensure that
such animal is provided with:
3.1.1.
a clean and sanitary environment free from an accumulation of fecal
matter, odour, insect infestations or rodent attractants disturb or are likely
to disturb the enjoyment, comfort, convenience of a person or may
endanger the health of any person or animal;
3.1.2.
adequate and appropriate care, food, water, shelter, and opportunity for
physical activity;
4. LIMIT OF ANIMALS IN A DWELLING UNIT
4.1 .
No person shall keep more than five (5) animals within urban areas within the
Municipality ofMorris-Turnberry, with a maximum number oftwo (2) dogs
at any one time in a dwelling unit. No person shall keep more than three (3)
dogs at any time, in a dwelling unit located within rural areas of the
Municipality of Morris-Turnberry. In a rural area, if the number of dogs
exceeds three (3), the owner must apply for a kennel licence.
4.2.
No person shall keep more than 5 (five) rats and/or mice for the purpose of a
pet per dwelling unit and no person shall keep more than two (2) domestic
ferrets per dwelling unit.
4.3.
In a Rural area, a person may harbor more than 3 dogs at a premises without a
kennel license, provided:
4.3.1.
the person is keeping sheep upon the same premises; and
4.3.2.
the premises is on land that is zoned for agricultural use pursuant to the
current Zoning By-Law; and
4.3.3.
the person provides proof of producer registration issued in the name
recorded by the Ontario Sheep Marketing Agency; and
4.3.4.
the dogs are licensed annually in accordance with relevant municipal by-
laws (if required); and
4.3.5.
the dogs are LGDs and or herding dogs.
5. LICENCING OF DOGS
5.1.
Every dog owner shall register such dog or dogs with the Clerk or his/her
designate or with the Animal Control Officer and pay the prescribed licence
fees as set out in the Fees and Charges By-Law.
5.2.
If a person becomes the owner of a dog, the person shall register the dog and
pay the prescribed licence fee within 15 days of taking possession of the dog.
Where a dog tag has not been purchased within 15 days of the date of
possession of the dog, in addition to the prescribed licence fee, the owner shall
pay a late licencing fee as set out in the Fees and Charges By-Law.
5.3.
Upon application for a licence, the owner shall sign the dog licence
application verifying that a certificate has been signed by a practicing
veterinarian that the dog has been inoculated with an up to date Anti- Rabies
Vaccine prior to the date of application for the licence.
5.4.
A record of the licences issued shall be kept by the Clerk or other officer
designated by the Corporation of the Municipality of Morris-Turn berry for
that purpose, showing the name and address of the owner and the serial
number of the dog tag.
5.5.
Dog tags will be valid for the life of the dog for which they are issued. The
prescribed licencing fees will be added annually to the municipal tax bill of
the property owner. Should the owner of the dog not be an owner of real
property, the owner of the dog shall be invoiced annually by the Municipality.
Licencing fees under this section shall be applied to the year following that in
which they are collected.
5.6.
No refund, whole or in part, or prorating of fees will be provided for a license
in the event that a dog is acquired, dies or if the owner is no longer in
possession of the dog part way through any given year.
5.7.
The owner of a dog shall notify the Clerk or other officer designated by the
Corporation ofthe Municipality of Morris-Turnberry ofthe change in
ownership of the dog or of the death of the dog.
5.8.
As soon as reasonably practicable upon becoming aware of a dog tag being
illegible or damaged, the owner of a dog shall request from the Clerk or other
officer designated by the Corporation of the Municipality of Morris-Turn berry
a replacement tag and pay the prescribed fees as set out in the Fees and
Charges By-Law.
5.9.
No person shall use a dog other than on the dog for which it was issued.
6. VICIOUS DOGS
6.1.
A vicious dog shall have a special licence fee as set out in the Fees and
Charges By-Law.
6.2.
The owner of a vicious dog shall obtain and maintain a policy of public
liability insurance by an insurer licenced by the Province of Ontario providing
third party liability coverage in the amount of Five Hundred Thousand
(500,000) dollars for any damage or injury caused by said dog.
6.3.
The owner of a vicious dog shall implant an electronic identification
microchip in the dog, obtained through a veterinary clinic.
6.4.
The owner of a vicious dog shall provide the information contained on the
microchip to the Clerk.
6.5.
The owner of a vicious dog shall post "Beware of Dog" signs on perimeter of
property upon which the dog is housed.
6.6.
The owner of a vicious dog shall keep such dog confined within the premises;
or keep such dog confined in an enclosed pen of sufficient dimension and
construction to provide humane shelter for the dog while preventing the dog
from escape and preventing entry by any person.
6. 7.
The owner of a vicious dog shall ensure that the enclosure or other structure
prescribed in section 6.6 of this by-law is locked at all times.
6.8.
An owner of a vicious dog shall notify the Animal Control Officer if the
animal is running at large.
6.9.
No owner of a vicious dog shall permit it to be walked by a person under 18
years of age and shall ensure that the vicious dog is muzzled and leashed.
6.1 0. All requirements for a vicious dog shall be required until the dog is destroyed
or the Clerk, or designate appointed for the purpose of enforcing the
Municipality's By law exempts the owner from the vicious dog requirements.
7. PIT BULLS AND PIT BULL CROSSES
7.1.
Pit bulls and Pit bull crosses shall have a special licence fee as set out in the
Fees and Charges Bylaw.
7.2.
No person shall walk a Pit bull or Pit bull cross unless the Pit Bull or Pit Bull
Cross is muzzled and leashed.
8. KENNEL LICENCING
8.1.
No person shall operate a kennel without first applying for and obtaining a
kennel licence and paying the prescribed fee as set out in the Fees and
Charges Bylaw, before the 31st day of March in each year, or upon the
commencement of the operation of a kennel after the 31st of March in a given
year,.
8.2.
No person or persons shall harbour more than three (3) dogs over the age of
twelve (12) weeks unless a kennel licence is obtained.
8.3.
Every person who holds a kennel licence shall comply with the following
requirements:
8.3.1.
The kennel shall be in a building separate from the dwelling.
8.3.2.
The kennel building and its location must conform to Zoning By-Law
and the Ontario Building Code as amended from time to time.
8.3.3.
The kennel building shall have a floor of concrete or other impermeable
material that includes a drain opening constructed as a plumbing fixture
and such floor shall be thoroughly cleaned daily, or more often if
necessary.
8.3.4.
The kennel building shall have adequate lighting, windows that may be
opened for proper ventilation, a heating system sufficient to adequately
heat the building, running water and a food preparation area, pursuant to
the Code of Practice for Canadian Kennel Operations, Third Edition,
2018.
8.3.5.
Inside dog run minimum standards;
8.3.5.1.
at least 2.5 feet (.75 metres) wide, 6 feet (1.8metres) high and 15
square feet (1.35 metres) in area;
8.3.5.2.
has a floor of solid, readily sanitized and fluid-impervious
material;
8.3.5.3.
is enclosed by walls of solid, readily sanitized and fluid impervious
material or surrounded by partitions which are solid, readily
sanitized and fluid -impervious materials extending from the floor
for at least 4 feet (1 .2 metres) and, above the solid material,or other
material that will prevent an animal confined in the run from
escaping which extends to 6 feet (1.8 metres) above the floor;
8.3.5.4.
is constructed so that liquid cannot escape or pass to another run
except through a drain, or drainage channel leading directly to a
drain, which is inaccessible to an animal in the run;
8.3.5.5.
has a door which does not open into another run;
8.3.5.6.
is well constructed and secure;
8.3.5.7.
is well ventilated;
8.3.5.8.
is properly drained.
8.4.
If dogs are being housed outside, an example being a Hunting dog, the breed
of dog must be properly acclimatized to seasonal and regional temperatures.
Aged, young, or infirmed dogs shall be housed indoors. Shelter and protection
from cold and heat must be provided including protection from direct sunlight,
and precipitation in any form , which includes an enclosed area with dry
bedding, properly drained and a cement pad or patio stones in front of the dog
house door.
8.5.
Where a clipping and grooming services are performed, such clipping and
grooming shall be carried out in the kennel building only. This service is not
allowed in the Urban Areas.
8.6.
The kennel licence shall be continuously displayed in a conspicuous place in
the interior of the premises for which the licence has been issued.
8.7.
At all times the kennel operator shall maintain the premises in a sanitary, well
ventilated, clean condition, and free from offensive odours.
8.8.
The operator shall keep the dogs in sanitary, well bedded, well ventilated,
naturally lighted, clean quarters at a healthy temperature at all times.
8.9.
The operator shall feed and give water to the dogs periodically each day and
keep same in a clean, healthy condition, free from vermin and disease.
8.1 0. The Animal Control Officer and or Municipal Law Enforcement Officer and
or any other person authorized by the Corporation of the Municipality of
Morris-Turn berry may inspect any place where dogs are kept, pursuant to this
by-law and without notice.
8.11 . If the kennel is found not to conform to the requirements set out herein, the
Animal Control Officer and or Municipal Law Enforcement Officer may
contact any agency with the dog' s best interests and well being in mind. The
Animal Control Officer appointed by the Corporation of the Municipality of
Morris-Turn berry may revoke the licence issued to the kennel if the owner is
in contravention ofthis by-law.
8.12. No kennels will be allowed for Pit Bulls as defined herein.
9.
EXPIRATION OF A LICENCE
9.1.
A licence issued pursuant to section 5.1 of this by-law shall expire on
December 31st if no payment of licence fees has been made for the following
year.
9.2.
A licence issued pursuant to section 8.1 of this Bylaw shall expire on the 31st
day of December in the year for which it was issued.
10. HARBOURING A DOG OR DOGS WITHOUT A LICENCE OR TAG
1 0.1 . Except as provided herein, no person shall harbour a dog or dogs within the
boundaries of the Municipality of Morris-Turn berry unless such dog has
affixed to it a current dog tag issued under this Bylaw.
11. DOGS RUNNING AT LARGE
11.1. No person shall permit a dog to run at large within the boundaries of the
Municipality of Morris-Turn berry.
11.2. A dog shall be deemed to be running at large iffound on municipal property
within the Municipality of Morris-Turn berry and not on a leash, unless at a
designated leash free park.
11.3. A dog shall not be deemed running at large if, while offthe premises of its
owner, the dog is within an enclosed area from which it does not appear to be
able to escape, with the consent of the owner of such enclosed area.
11.4. A dog shall be deemed to be under control of a competent and responsible
person if it is on a leash attached to a collar or harness and which leash is a
maximum length of6 feet (1.8 metres). In the hands of an individual who
appears to be able to restrain the dog and/or maintain control over the dog.
11.5. Except for short intervals for the purpose of defecation or urination, female
dogs in heat must be confined to a building isolated from other dogs and
remain there until such time as the heat has ended.
11.6. If a dog is tied or in a pen, it shall not be within three (3) feet of a property
line.
12. PROHIBITED ANIMALS AT LARGE
12.1 . No person shall permit a prohibited animal to be at large within the
boundaries of the Municipality of Morris-Turn berry.
13. CAUSING A DISTURBANCE
13.1 . No person, being the owner of a dog or the operator of a kennel shall permit a
dog or dogs to persistently howl, bark or whine for a period in excess of 15
minutes, if such conduct disturbs or is likely to disturb the inhabitants of the
Municipality.
14. REMOVAL OF DOG EXCREMENT
14.1 . Every person who owns, controls or harbours a dog shall remove forthwith
any excrement left by such dog on public or private lands within the
boundaries ofthe Municipality ofMorris-Turnberry.
14.2. This provision shall not apply to persons who are legally blind and using
guide dogs.
15. SEIZURE AND IMPOUNDING
15.1. A Peace Officer and/or Animal Control Officer appointed by the Corporation
of the Municipality ofMorris-Turnberry may seize and impound any dog
found running at large. The dog will be impounded at the Dog Pound under
the direction of the Pound Keeper as appointed in the the Morris-Turn berry
Appointment Bylaw.
15.2. If a dog found running at large has been injured and in the opinion of a
Veterinarian should be destroyed without delay for humanitarian reasons, the
Veterinarian may destroy, or order to be destroyed, the dog in a humane
manner after the seizure as he/she sees fit. No damages or compensation shall
be recoverable by the owner of the dog on account of such destruction.
15.3. A dog as in section 15.2 of this by-law may be destroyed without delay by a
Peace Officer and/or Animal Control Officer if, in the opinion of the Peace
Officer and/or Animal Control Officer the dog poses a risk to the safety of any
person or animal while the attendance or opinion of a Veterinarian is pending
or unavailable. No damages or compensation shall be recoverable by the
owner of the dog on account of such destruction.
15.4. The Peace Officer or Animal Control Officer may destroy any animal found
running at large if the animal cannot be seized within a reasonable time and
which animal threatens the safety of the Peace Officer or Animal Control
Officer or other persons or animals. No damages or compensation shall be
recoverable by the owner of the dog on account of such destruction.
15.5. Where a dog has been impounded and has not been destroyed, the Animal
Control Officer shall release possession of the dog to its owner when:
15.5.1. The owner attends at the pound and claims possession of the dog within
three days, excluding the day which the dog was impounded, statutory
holidays, Saturdays and Sundays; and
15.5.2. The owner provides proof that the animal is licenced and has been
inoculated with an up to date Anti- Rabies Vaccine; and
15.5 .3. Any emergency veterinary fees deemed to be necessary during the time
of impound have been paid by the owner; and
15.5.4. The owner pays to the Municipality ofMorris-Turnberry or its agent, a
administration fee and boarding fee per day for each day the dog has
been in the pound, commencing the day the dog is seized and including
the day the dog is removed from the pound as described in Fees and
Charges By-law.
16. LIABILITY FOR FEES
16.1. Where a dog is impounded the owner of the dog shall be liable for all fees
prescribed herein, including the fees for destruction of the dog where the dog
has been destroyed, whether or not the dog is claimed by the owner. All such
fees shall be payable on written demand to the owner from the Municipality or
Animal Control Officer.
16.2. If the owner has not paid the fees demands within 30 days ofthe written
demand for payment, such fees may be collected by action or in the same
manner as municipal taxes.
17. DISPOSAL OF DOGS
17.1.
Where a dog has been seized while found running at large and impounded and
the owner has not claimed the dog within three days, excluding the day on
which the dog was seized, statutory holidays, and Sundays, or having attended
at the pound to claim the dog has not paid the fees prescribed by the Fees and
Charges By-Law, the Animal Control Officer may sell the dog for such price
as he/she deems fit, destroy the dog in a humane manner, or otherwise dispose
of the dog as she/he deems fit in his/her discretion. No damages or
compensation shall be recoverable by the owner as a result of any such action.
18. PROHIBITED ANIMALS
18.1. No person shall keep in the Municipality either on a temporary or permanent
basis, any prohibited animal, as set out in Schedule "A".
18.2. Notwithstanding Section 18.1, a person shall be permitted to keep such
prohibited animals if acquired prior to the passing of this by-law, and such
person shall comply with the following conditions:
18.2.1 . the prohibited animal was lawfully housed on a property within the limits
of Morris-Turn berry prior to the adoption of this bylaw and such
prohibited animal is registered at the Municipal office; and
18.2.2. the animal is kept in an environment which is appropriate for the species;
and
18.2.3. the owner has filed a letter of request, as shown in Schedule 'D', for an
exemption from section 18.1 ofthis bylaw and has received approval in
writing from the Clerk; and
18.2.4. an initial inspection is conducted of the prohibited animals by the Animal
Control Officer.
18.2.5. the owner has paid the prescribed prohibited animal fee as set out in the
Fees and Charges By-Law
18.3. The burden of proof for an exemption from Section 18.1 rests with the person
making the request for exemption to the Clerk. Written approval from the
Clerk shall be deemed as an exemption from Section 18.1 of this By-law.
18.4. The Clerk shall maintain a list of all prohibited animals and owners from
which an exemption from Section 18.1 has been granted.
18.5. Section 19 shall not apply to:
18.5.1. any of the Municipality's animal care and control centres, as applicable,
18.5.2. the premises of an accredited veterinary facility under the supervision of
a veterinarian licenced pursuant to the Veterinarians Act, R.S.O. 1990,
Chapter V.3, as amended;
18.5.3. the premises of any licensed zoo or exhibit, permanently located in the
Municipality;
18.5.4. premises or facilities accredited by the Canadian Association of Zoos and
Aquaria(CAZA);
18.5.5. the areas of the Municipality in which professionally produced films are
made using such animals, provided that there is supervision by
Inspectors or Agents ofthe appropriate agency or any of its affiliates or
branches;
18.5.6. the areas ofthe Municipality in which educational programs are being
conducted with animals, provided that the animals are owned by
institutions accredited by CAZA or the American Zoo and Aquarium
Association and only while the educational programs are actually
conducted, provided that such programs are limited to two days at any
one location;
18.5.7. premises registered as research facilities pursuant to the Animals for
Research Act, R.S.O. 1990, c. A.22;
18.5.8. premises where wildlife rehabilitation is being undertaken in accordance
with the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41, as
amended and associated regulations under the jurisdiction of the Ontario
Ministry ofNatural Resources.
19. ENFORCEMENT
19.1. This Bylaw shall be enforced by an Animal Control Officer, Municipal Law
Enforcement Officer or Peace Officer, duly appointed for the purpose of
enforcing the Municipality's Bylaw.
19.2. The Animal Control Officer may at any time request the assistance ofthe
Ontario Provincial Police to enforce any provision of this Bylaw.
20. PENALTY OF OFFENCE
20.1. Every person who contravenes any ofthe provisions of this By-law is guilty
of an offence pursuant to section 429 of the Act and all contraventions of this
By-law are designated as continuing offences.
20.2. Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction and is liable to a fine as prescribed in Schedule 'B'
of this by-law or as prescribed by a judge pursuant to the Provincial Offences
Act, R.S.O 1990, c. P. 33 as amended.
20.3. No person shall provide false information or give a false statement to an
officer, employee and/or agent of the Municipality in the lawful exercise of a
power or duty under this by-law
20.4. No person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer, employee and/or agent of the Municipality in
the lawful exercise of a power or duty under this by-law.
20.5. Every person shall comply with any Order or Notice issued under the authority
ofthis bylaw
21. EXEMPTIONS
21. 1. The persons, places or circumstances that follow are exepempt from the
application ofthis by-law:
21.1.1. The premises of a zoo or animal display operated by or on behalf of the
Corporation of the Municipality of Morris-Turn berry;
21.1.2. A veterinary hospital under the care of a licensed veterinarian;
2 1.1.3. The premises of a university or community college where such animals
are being kept for research, study or teaching purposes, or on premises
registered as research facilities under the Animals for Research Act,
R.S.O. 1990, c. A.22;
21.1.4. Anyone holding a licence or permit under any statute of the Legislature
of Ontario or the Government of Canada, which permits the keeping of
animals under stated conditions;
21.1.5. On the premises of any television studio where such animals are being
kept temporarily for the purpose of a television production;
21.1.6. During the transportation of such animals between the places or
circumstances listed herein;
21.1 .7. Premises which are temporarily used for travelling shows such as a
circus or other like shows.
21.1.8. Where any prohibition, regulation or restriction under this by-law is not
permitted under another by-law ofthe Corporation of the Municipality or
Morris-Turn berry.
22. EFFECTIVE DATE AND REPEAL OF BY-LAWS
22.1. By-law number 80-2013 of the Municipality and all by-laws amending same
are hereby repealed on the date this By-law comes into force and effect.
22.2. This By-law will come into force and effect upon upon final approval of the
set fines schedule by the Chief Justice, or designate, of the Ontario Court of
Justice pursuant to Part 1 of the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended. The set fines schedule, as approved, is attached hereto as
Schedule 'B' and forms part ofthis By-law.
22.3. Notwithstanding Section 22.1, the provisions of By-law number 80-2013, and
the amending by-laws, are deemed to continue in force and effect with respect
to any and all orders, appeals or prosecutions issued, filed or commenced
under that bylaw and any assessment, rate, charge, tax, fee, liability or penalty
outstanding under same may be collected as if such by-law had not been
repealed.
Read a FIRST and SECOND time this 17th day of December 2019
Read a THIRD time and FINALLY PASSED this 17th
Schedule 'A' ofBy-Law 109-2019
PROHIBITED ANIMALS
Being a list of animals the keeping of which is prohibited within the Municipality of
Morris-Turnberry unless permitted by the Zoning By-Law.
I)
All marsupials (such as kangaroos and opossums)
2)
All non- human primates (such as gorillas and monkeys)
3)
All felids, except the domestic cat
4)
All can ids, except the domestic dog
5)
All viverrids (such as mongooses, civets and genets)
6)
All mustelids (such as skunks, weasesl, otters, badgers, except the domestic
ferret)
7)
All ursidae (bears)
8)
All artidoactylus ungulates
9)
All procyonide (such as raccoons, coatis and cacomistles)
1 0)
All hyaenas
11 )
All perissodactylus ungulates (horses)
12)
All elephants
13)
All pinnipeds (such as seals, fur seals and walruses)
14)
All snakes ofthe families Pythonidae and Boidae
15)
All venomous reptiles
16)
All ratite birds (such as ostriches, rheas, cassowaries)
17)
All diurnal and nocturnal raptors (such as eagles, hawks and owls)
18)
All xenarthra (such as anteaters, sloths and armadillos)
19)
All chiroptera (bats)
20)
All crocodilians (such as alligators and crocodiles)
21)
All venomous arachnids (such as scorpions and tarantulas)
22)
All insectivorous mammals (lnsectivora), including aardvark (Tubulidentata),
anteater, shrew, otter, shrew, mole and hedgehog.
Examples of animals of a prohibited group are given parentheses are examples only and
shall not be construed as limiting the generality of the group.
ITEM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
The Corporation of the Municipality of Morris-Turn berry
Schedule 'B' of Bylaw No. 109-2019- Animal Control
Under Part 1 of the Provincial Offences Act
(Column 1)
(Column 2)
(Column 3)
Provisions creating
Set Fine
Short Form Wording
or definin2 offence
Fail to keep legal number of
4.1
$125.00
animals
Fail to keep legal number of dogs
4.1
$125.00
Fail to keep legal number of
4.2
$125.00
ferrets, rats or mice
Fail to license dog for current
5.1
$'125.00
year
Fail to use tag for dog it was
5.9
$125.00
issued to
Fail to maintain insurance policy
6.2
$125.00
for vicious dog
Fail to provide microchip
6.4
$125.00
information for vicious dog
Fail to post beware of dog signs
6.5
$125.00
Fail to enclose vicious dog
6.6
$125.00
Fail to lock vicious dog enclosure
6.7
$125.00
Fail to notifY of vicious dog at
6.8
$125.00
large
Fail to leash vicious dog
6.9
$125.00
Fail to muzzle vicious dog
6.9
$125.00
Fail to walk vicious dog by adult
6.9
$125.00
Fail to leash Pit Bull
7.2
$125.00
Fail to muzzle Pit Bull
7.2
$125.00
Fail to license kennel for current
8.1
$125.00
_year
Allow dog to run at large
11.1
$125.00
Allow dog to howl, whine or bark
causing noise, which may cause a
13.1
$125.00
disturbance
Fail to remove dog excrement
14.1
$125.00
from private or public land
Keeping a Prohibited Animal
18.1
$125.00
Keeping a Prohibited Animal -
18.2
$125.00
Fail to comply with conditions
Prohibited Animals at Large
12.1
$200.00
NOTE: The penalty provision for the offences indicated above is Section 61 of the Provincial
Offences Act, R.S.O. 1990, c.P.33
II
li
I'
Schedule 'D' ofBylaw No. 109-2019
Letter of Request- Prohibited Animal
1.
Name:
Address:
Phone/Email:
2.
Property Description:
3.
Type of Prohibited Animal:
4.
Location: where the Prohibited animal will be housed
5.
Inspection: Inspection to determine if the housing facility is adequate:
a. Aquarium or Pen - that has a locking device (picture to be attached)
b.
Adequate humidity
c. Adequate temperature
6.
Picture of the Animal: Please attach a photograph.
7.
Signatures:
Signature of Animal Owner
Requesting Approval
Signature of Animal Control
Officer/Inspector
Signature of Municipal
Approval
Print Name
Print Name
Print Name
Date of Request
Date of Inspection
Date of Approval
II
I'
II
II
"