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THE CORPORATION OF THE VILLAGE OF NEWBURY
BY-LAW No. 116-2007
Being a by-law to prohibit the keeping of certain kinds of animals
Within the Village of Newbury
WHEREAS Section 128 (1) of the Municipal Act 2001 provides "a local municipality
may prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of council, are or could become or cause public nuisances"; and
WHEREAS Section 130 of the Municipal Act 2001 provides "a municipality may
regulate matters not specifically provided for by this Act or any other Act for purposes
related to health, safety and well being of inhabitants of the Municipality".
NOW THEREFORE the Council of the Corporation of the Village of Newbury enacts
as follows:
SECTION 1 -- Definitions
Animal -- shall mean a living creature, having sensation and power of voluntary motion
and shall include certain birds, reptiles and poisonous spiders.
Animal Control Officer -- shall mean a person or association who has been appointed to
control animals as defined in this by-law.
By-law Enforcement Officer -- shall mean a person duly appointed by the Village of
Newbury for the purpose of enforcing or carrying out the provisions of municipal by-
laws.
Council -- shall mean the Council of the Village of Newbury.
Exotic -- shall mean brought in from abroad, foreign, rare, unusual, having strange or
bizarre allure.
Guardian -- means any person who owns, keeps, possesses or harbours any animal, bird,
reptile or spider prohibited by this by-law, and where the guardian is a minor, means the
parent or person having custody of the minor.
Harbour -- means having care or control of an animal, bird, reptile or poisonous spider.
Owner -- includes a person who possesses or harbours any animal, bird, reptile or
poisonous spider, and "owns" and "owned" have corresponding meaning.
Peace Officer -- means a police officer including a police officer within the meaning of
the Police Service Act, a municipal law enforcement officer, an inspector or agent under
the Ontario Society for the Prevention of Cruelty to Animals Act.
Premises -- means lands, buildings or any structure.
Restricted Animal -- shall mean animals, birds, reptiles and spiders as listed in
accompanying schedules.
Zone or Zoned -- means land use designation in a Zoning By-law passed under the
provisions of the Planning Act.
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SECTION - 2 Prohibited Animals
(1) No owner or guardian shall keep in or upon any lands or premises in any ZONE
within the Village of Newbury any animal, exotic birds, reptile and poisonous spiders set
out in Schedule "A"
(2) Notwithstanding subsection (1), an owner or guardian may keep in or upon lands
or premises, exotic birds, in an Agriculture "A" Zones, provided such use is compliant
with regulations set out for the Agriculture Zone.
SECTION 3 -- Exemptions
This by-law shall not apply to:
(1) A Veterinary Hospital, clinic, office of Veterinary Service lawfully operated and
supervised by a Veterinarian licenced to practice in Ontario.
SECTION 4 -- Offences
(1) Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act, in
accordance with Schedule "B" of this by-law.
SECTION 5 -- Force and Effect
(1) This by-law shall come into force and take effect on the day of final passing
thereof.
READ a first and second time this 11" day of July, 2007
READ a third time and finally passed this 11" day of July, 2007.
REEVE DIANE BREWER
CLERK SO SORER BETTY D. GORDON
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SCHEDULE "A"
To By-law No. 116-2007
OF THE VILLAGE OF NEWBURY
"Animals" Prohibited in the Village of Newbury
Alligators
Boas
Phythons
Rattle Snakes
Coral Snakes
Bobcats
Cougars
Jaguars
Leopards
Lions
Lynx
Ocelots
Tigers
Crocodiles
Poisonous Spiders
Other Birds and or Animals that are or could become or cause a public
nuisance.
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THE VILLAGE OF NEBURY |
SCHEDULE "B" |
To BY-LAW No. 116-2007
TITLE: To Prohibit the Keeping of Certain Kinds of Animals (Exotic) |
PART 1 -- Provincial Offences Act |
; SET FINE SCHEDULE:
ITEM COLUMN 1 COLUMN 2 COLUMN
Short Form | Offence Creating | Set Fine
Wording Provision or
Defining Offence
1, Keeping prohibited | Section 2 (1) $255.00
animals (exotic
NOTE: The penalty provision for the offences indicated above is Section 4 of By-law |
116-2007, a certified copy of which has been filed.
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