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Animal Control By-law
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Corporation of the Town of Newmarket
By-law 2020-30
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law to regulate, licence, and
control Animals in the Town of Newmarket, being By-law 2013-13, as
amended by the below listed by-laws and is prepared for reference and
information purposes only. The following consolidation is an electronic
reproduction made available for information only. It is not an official version
of By-law 2013-13. Official versions of all by-laws can be obtained from
Legislative Services by calling 905-953-5300. If there are any discrepancies
between this consolidation and By-law 2013-13 and listed amending by-
laws the official by-laws shall prevail.
2020-22 - April 27, 2020
Adds provisions for AMPS
2023-36 - June 5, 2023
Updates to definitions - Hearing
Officer
2024-52 - October 28, 2024
Amendments to multiple sections
A By-law to regulate, licence, and control Animals in the Town of Newmarket.
Whereas section 11 of the Municipal Act 2001, S.O. 2001, c25, as amended,
establishes that a municipality may enact by-laws regulating or prohibiting
Animals;
And Whereas section 103 of the Municipal Act authorizes the Town, through the
passage of a by-law, to seize, impound, and sell Animals that are trespassing or
at large;
And Whereas section 391 of the Municipal Act authorizes the Town to impose
fees or charges for services or activities provided or done by or on behalf of the
Town;
And Whereas the Council of the Town of Newmarket deems it advisable to pass
such by-law;
Therefore be it enacted by the Council of the Corporation of the Town of
Newmarket as follows:
1. Title
This By-law may be known and cited for all purposes as the "Animal Control
By-law 2020-30".
2. Definitions
In this By-law:
"Animal" means any member of the animal kingdom, other than a
human;
"Animal Services Officer" means a person designated and authorized
by by-law of the Town of Newmarket to enforce the Town of Newmarket
Animal Control Bylaws;
Animal Control By-law
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"At Large" means an Animal found in any place, other than the lands,
premises or a vehicle of the Animal owner or person keeping such
Animal while:
(a) the Animal is not leashed; or
(b) the Animal is leashed and no person has the leash in hand;
"Attack" means an act of aggression towards a person or domestic
Animal;
"Bite" means any contact with an Animal's teeth that causes puncturing of
the skin of a human or a domestic Animal;
"Cat" means a male or female small domesticated feline kept as a pet
which is over the age of twelve (12) weeks;
"Dangerous Act" means any bite, attack or a combination thereof;
"Dangerous Dog" means a dog that has been determined to be a
Dangerous Dog pursuant to section 9 of this By-law, which determination
has not been otherwise rescinded pursuant to this By-law;
"Dangerous Dog Order" means an order to comply with the
requirements for owners of a Dangerous Dog pursuant to section 9 of this
By-law;
"Director" means the Director of Legislative Services of the Town of
Newmarket or designate;
"Dog" means a male or female domesticated canine kept as a pet which
is over the age of twelve (12) weeks;
"Dog Owners' Liability Act' means the Dog Owner's Liability Act, R.S.O.
1990, c. D. 16, as amended;
"Domestic Animal" means a dog or a cat kept by a Person;
"Domestic Animal Care Facility" means a service commercial
establishment in which domestic Animals are cared for on a short
term daily basis in an open setting and may include accessory
grooming and training facilities but excludes a kennel;
"Dwelling Unit" means a room or group of rooms to be used by one
family that functions as a single independent housekeeping unit in
which cooking facilities, living quarters and sanitary facilities are
provided for the exclusive use of those residing within the unit only,
and with a private entrance from outside the building or from a
common hallway or stairway inside;
"Foster Animal" means a dog, a cat, a litter of puppies that originate from
the same female dog or a litter of kittens that originate from the same
female cat that is owned, kept, cared for, possessed or harboured by a
person as part of a foster care program administrated by a Municipal
Pound, registered rescue group or a registered humane society;
"Fees and Charges By-Law" means the Town of Newmarket Fees and
Charges By-Law, as amended;
"Feral Cat" means a cat found in the Town of Newmarket that has no
owner, is not socialized and is extremely fearful or resistant to humans;
"Guide Dog" means a Guide Dog as defined in section 1 of the Blind
Persons' Rights Act;
Animal Control By-law
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"Hearing Officer" means the Hearing Officer appointed by the Town;
"Impound" means to seize and take legal custody of an Animal by an
Animal Services Officer because of an infringement of a law or regulation
or at the direction of emergency personal;
"Keep" means to have temporary or permanent control, possession or
ownership of an Animal, and "keeping" has the same meaning;
"Law Enforcement Dog" means a dog trained to assist law enforcement
officers and used by such officers in the execution of their duties;
"Leash" means a rope, chain or other material or restraining device used
to restrain an animal, not including e-collars or remote controlled devices;
"Licence" means an identification tag issued by the Town or designate
which is to be affixed to the collar of the dog or cat for which it was
issued;
"Licence Fee" means a fee payable for a Pet Licence pursuant to the
Fees and Charges By-Law;
"Lot" means a parcel of land which is legally capable of being conveyed
in accordance with the Planning Act R.S.O. 1990, Chapter 13 as
amended, or is described in accordance with a registered Plan of
Condominium;
"Manager" means the Town of Newmarket Manager of Regulatory
Services or their designate;
"Municipal Pound" means a shelter or place, operated by a Municipality,
where stray, lost, abandoned or surrendered Animals are kept;
"Muzzle" means a humane fastening or covering device that cannot be
removed by a dog and is of adequate strength and design and suitable to
the breed, that is placed over the mouth of a dog to prevent it from biting,
and the words "muzzled" and "muzzling" have a similar meaning;
"Notice to Muzzle" means a notice containing muzzling requirements,
pursuant to section 9 of this by-law;
"Nuisance" means an injurious, offensive, or objectionable condition that
disturbs or is likely to disturb the comfort, rest, and enjoyment of any
Person;
"Owner'' means any person who possesses or harbours an animal and
where the owner is a minor, the person responsible for the custody of the
minor, and includes a person who is temporarily the keeper or in control
of the animal and "owns" has the same meaning;
"Park" means a public area controlled by the Town and set aside for use
by the public for rest, recreation, exercise, pleasure, amusement and
enjoyment and includes playgrounds, sports fields, wading and swimming
areas, public pathways and trails;
"Penalty Notice" means a ticket issued pursuant to section 5 of Town of
Newmarket By-law number 2019-62;
"Permitted Animal" means an Animal as identified in "Schedule A -
Permitted Animals" of this By-law;
"Person" includes a natural person, corporation, partnership or party, and
the personal or other legal representatives or a Person to whom the
context can apply according to law;
Animal Control By-law
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"Police Officer" means a Police Officer defined under the Police Services
Act, R.S.O. 1990, c. P15, as amended;
"Service Animal" means an Animal described in subsection 80.45(4) of
O. Reg. 191/11, under the Accessibility for Ontarians with Disabilities Act,
2005, S.O. 2005, c.11.;
"Tether" means a rope or chain or similar restraining device that is not
connected to a person, that prevents an Animal from moving beyond a
localized area, and the words "tethered" or "tethering" have a similar
meaning;
"Town" means the Corporation of the Town of Newmarket in the
Regional Municipality of York;
"Town Clerk" means the Clerk of the Town as appointed by by-law;
"Training Order" means an order containing training requirements,
pursuant to section 9 of this By-law;
"Urban Hens" means a domesticated female chicken that is at least four
months of age;
"Vehicle" means a motor Vehicle, trailer, traction engine, farm tractor,
road-building machine, bicycle and any Vehicle drawn, propelled or
driven by any kind of power, including muscular power, but does not
include a bus, streetcar or train used for public transportation;
"Wildlife" or "Wild Animal" means an Animal that belongs to a species
that is wild by nature;
"Zoning By-Law" means The Zoning By-Law of the Town of Newmarket,
as amended or successor thereof.
3. Administration and Enforcement
(1) The Director, Manager, and any Animal Services Officer of the
Town are hereby delegated the authority to enforce this By-law,
including the authority to conduct inspections pursuant to this By-law,
the Municipal Act, as amended, and any other enacted legislation.
(2) The Director is authorized to delegate the powers and responsibilities
for the administration and enforcement of this By-law to any Town
staff or external third parties deemed to be qualified and appropriate
by the Director for such purposes.
(3) Any notice, written warning or Penalty Notice, issued pursuant to this
By-law may be served by:
(a) hand delivery to the Person or the Owner of the Animal and
shall be deemed effective upon service; or
(b) mailed to the last known address of the Person or Owner of
the Animal and shall be deemed to be effective on the seventh
(7th) day after the date of mailing.
4. General Regulations
(1) In this By-law, any references to care, control, ownership,
harbouring or keeping of an Animal shall include any joint or
shared care, control, ownership, harbouring and keeping. Any
persons that have joint or shared care, control, ownership of, or are
sharing or jointly harbouring or keeping, an Animal, shall be jointly
and severally responsible and liable for any such Animal and any
duties, obligations, prohibitions, offences and requirements of a
Animal Control By-law
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Person caring, controlling, owning, harbouring or keeping an
Animal pursuant to this By-law.
(2) No Person shall Keep, own, possess, or harbour any Animal in the
Town which makes or causes noises, repetitive or persistent that
disturbs or is likely to disturb the comfort, enjoyment, rest, or quiet of
any Person in the vicinity or neighbourhood.
(3) No Person shall have care or control of more than three (3) Dogs or
four (4) Cats at any time.
(4) No Person shall Keep, possess, or harbour, or permit to be kept,
possessed, or harboured more than three (3) Dogs or four (4) Cats
within or about any Dwelling Unit, unless the additional Dog(s) or
Cat(s) is accompanied by an Owner who does not reside at the
Dwelling Unit.
(5) No Person shall permit any of the following in any leash-free Park or
zone approved or designated by the Town :
(a) any Dog that is subject to a Dangerous Dog Order of any
Municipality; or
(b) have care and control of more than three (3) Dogs at any one
time.
(6) A Person who owns or keeps a Dog shall not permit any
excrement deposited by such Dog to remain on land or premises
owned by the Town or on land or premises that is not owned by
the Person, and a Person keeping or owning such Dog shall
remove such excrement.
(7) No Person shall keep, either on a temporary or permanent basis,
any Animal other than a Permitted Animal listed in "Schedule A"
of this By-law unless permitted to do so by the Town's Zoning By-
law or as authorized by the Manager.
(8) Any Person who keeps an Animal not listed in "Schedule A" of
this By-law shall remove the Animal, or register and provide proof
to the Town that the Animal was lawfully owned prior to the
prohibition, within 90 days of the prohibition of the keeping of an
Animal. Upon being satisfied that the Animal was lawfully owned
prior to the prohibition, the Manager may deem the Animal to be
grandfathered and enter such information pertaining to the Animal
and its owner into a registry of grandfathered Animals. A
grandfathered Animal may be kept until it has died or has
otherwise been disposed of.
(9) The Town may, at the discretion of the Manager, impose terms
and conditions on the keeping of any grandfathered Animal.
(10) Any Person who moves a grandfathered Animal to a location
other than one on file with the Town, shall notify the Manager of
the new location within (48) hours after the Animal is moved.
(11) No attempt may be made by any authority to claim or
purchase Animals for the purpose of research, not
withstanding the provisions of the Animals for
Research Act, R.S.O., 1990 and no Animal shall be offered for the
purpose of research.
(12) Every owner of an animal shall remove forthwith any excrement
left by the animal on any property including highways.
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(13) No Person shall hinder or obstruct, or attempt to hinder or
obstruct, a Municipal Law Enforcement Officer, or a Police Officer
from carrying out inspections of land to ensure compliance with this
By-law.
5. Protective Care of Animals
(1) The Town may receive or Impound an Animal into protective care for
up to five (5) calendar days at a Municipal Pound as a result of an
incarceration of the Owner, or as a result of a fire or medical
emergency, or for any other situation that the Manager or an Animal
Services Officer deems appropriate.
(2) When the Town receives an Animal into protective care, the Owner
of the Animal shall pay all costs incurred or fees associated on behalf
of the Animal prior to redeeming the Animal.
(3) No Person shall allow an Animal to remain in a Vehicle unless:
(a) the Animal is secured in a manner that prevents contact
between the Animal and any member of the public;
(b) the Animal has suitable ventilation; and
(c) the Animal is not exposed to temperatures which can cause
distress and/or death.
(4) Every owner of an Animal shall treat the animal in a humane manner,
including but not limited to the provision of:
(a) a shelter for the animal that is waterproof and that protects it
from exposure to the elements;
(b) a shelter for the animal that is adequate for its size and breed;
(c) adequate food and water for the animal;
(d) access to shade during warm weather;
(e) a clean and sanitary environment free from an accumulation of
fecal matter;
(f) adequate veterinary care deemed necessary by a reasonable
prudent person to relieve the animal from distress caused by
injury, neglect or disease.
(5) No Person shall Keep any Animal in a condition which disturbs or is
likely to disturb the enjoyment, comfort, or convenience of any
Person.
(6) No Person shall Keep any Animal in a condition that endangers or is
likely to endanger the health of any Person or Animal.
6. Tethering
(1) No Person shall Keep an Animal tethered on a rope, chain, or similar
restraining device, unless:
(a) the Tether is of appropriate length for the Animal tethered, but
is never less than three (3) meters;
(b) the Animal has unrestricted movement within the range of such
tether;
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(c) the Animal is tethered in a manner that constrains the Animal
to the property in which the Animal is tethered; and
(d) the Animal has access to adequate water, food, shelter and
shade.
(2) No Person shall Keep an Animal tethered where a choke collar,
choke chain, pronged collar or any similar device forms part of the
tether.
(3) No Person shall Tether any Animal for a period exceeding three (3)
hours, consecutive or not, within the same calendar day. For greater
clarification, if the Animal is observed being tethered for any amount
of time within a one (1) hour period, it is deemed to have been there
for one (1) of the three (3) hours during that calendar day.
7. Feeding of Wildlife
(1) No Person shall feed or permit the feeding of a Wild Animal, a Feral
Cat, or a stray Domestic Animal anywhere within the Town.
(2) No Person shall cause or permit a feeding device or any attractants to
be left outside on any Lot, including but not limited to land owned by a
public authority.
(3) Notwithstanding Sections 7 (1) and 7 (2), a land Owner may feed a
bird that is a Wild Animal on their Lot in accordance with the following
requirements:
(a) seed shall be placed in a feeding device designed for birds;
(b) no excrement from the birds shall be permitted to accumulate;
(c) seed within the feeding device shall be sufficiently above grade
and reasonably inaccessible to a Wild Animal, with the
exceptions of birds;
(d) all seed spilled from the feeding device shall be promptly
disposed of;
(e) the feeding device shall be kept in a sanitary condition at all
times; and
(f) the feeding device shall not cause or create a Nuisance due to
odour, sight, or noise.
(g) No more than 6 bird feeders shall be permitted on any
residential property, excluding nectar based feeders.
8. Urban Hens
(1) Any Person wishing to Keep Urban Hens shall submit to the Town a
completed application with all supporting documents, including but not
limited to:
(a) a letter of permission from the Owner of the property where the
Urban Hens will be kept;
(b) letter(s) of permission from all abutting property owners; and
(c) a sketch of the property including the location of the coop, run,
and any other accessory structures, showing dimensions and
setbacks.
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(2) No more than three (3) Urban Hens are permitted on any residential
property.
(3) No Urban Hens under the age of four (4) months old shall be kept on
any residential property.
(4) No roosters shall be kept on any residential property.
(5) The Owner of the Urban Hen(s) must reside on the property where
the Urban Hen(s) are being kept.
(6) An Urban Hen must be kept in their coop between the hours of
9:00pm and 6:00am.
(7) An Urban Hen shall be kept in an enclosed hen run when not in their
coop.
(8) An Urban Hen enclosure shall be a minimum size of ten (10) square
feet per hen.
(9) Urban Hen coops and Urban Hen runs shall be a distance of 1.2m
from the rear Lot line and 1.2m from any side Lot line of the dwelling
Lot on which the hen coop is located.
(10) Urban Hen coops and Urban Hen runs shall be a minimum distance
of 3 meters from all windows and doors of dwellings that are located
on an abutting property.
(11) Urban Hen coops shall be less than 2.4m in height.
(12) Urban Hen coops shall not be located in a front yard.
(13) Urban Hen coops and Urban Hen runs shall be maintained in a
clean condition and the coop shall be kept free of obnoxious odours,
substances, and vermin.
(14) Home slaughter of Urban Hens is prohibited.
(15) Deceased Urban Hens shall be disposed of at a livestock disposal
facility or through the services of a veterinarian.
9. Notices and Orders
(1) Where an Animal Services Officer has reasonable grounds to
believe that a Dog may engage in an aggressive act, an Animal
Services Officer may issue an order requiring such Dog to receive
training in a form and timeline as set out by the Animal Services
Officer.
(2) Where training has been ordered pursuant to Section 9(1) of this By-
law, the Owner of the Dog shall provide proof of compliance with the
Training Order to the Town within the timeline imposed.
(3) Where an Owner of a Dog is served with a Notice to Muzzle, the
Owner shall:
(a) While on the property of the Owner, cause the Dog subject to
the Notice to Muzzle to be tethered or confined by a six (6) foot
fence in a way that prevents the Dog from going beyond the
limits of the owner's property or being accidentally or
intentionally released; and
(b) Whenever off the property of the Owner, cause the Dog subject
to the Notice to Muzzle to be muzzled and leashed, and the
Animal Control By-law
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Owner shall not permit such a Dog to be left in the control of a
Person under the age of sixteen (16).
(4) Every Owner of a Dog shall exercise reasonable precautions to
prevent the Dog from engaging in a Dangerous Act.
(5) Without limiting this By-law, an Owner of a Dog that engages in a
Dangerous Act is liable to prosecution under the Dog Owners'
Liability Act, R.S.O. 1990, c. D.16, as amended.
(6) Where the Manager has reasonable grounds to believe that a Dog
has engaged in a Dangerous Act against a Person or Domestic
Animal, the Manager may impose the following with respect to such a
Dog:
(a) for the first (1st) documented offence with a municipality, the
Manage may serve the Owner of the subject Dog with a Notice
to Muzzle;
(b) despite Section 9(6)(a), if it is the Manager's opinion that the
Dangerous Act is severe, serve the Owner of the subject Dog
with a Dangerous Dog Order, requiring the subject Dog to
comply with the requirements under Section 9(7) of this By-law;
(c) for the second (2nd) documented offence with a municipality,
serve the Owner of the Dog with a Dangerous Dog Order,
requiring the subject Dog to comply with the requirements
under Section 9(7) of this By-law; or
(d) Where the Dangerous Act occurred while the Dog was the
subject of a Notice to Muzzle or a control order under the Dog
Owners Liability Act, serve the Owner of the Dog with a
Dangerous Dog Order, requiring the subject Dog to comply
with the requirements under Section 9(7) of this By-law.
(7) Where an Owner is served with a Dangerous Dog Order, the Owner
shall, at the owner's expense and for the life of the subject Dog,
ensure that:
(a) the Dangerous Dog is muzzled at all times when off the
Owner's property;
(b) the Dangerous Dog is not permitted to enter, at any time,
into any leash-free Park or zone approved or designated by
the Town ;
(c) a warning sign is posted on the owner's private property
within fifteen (15) days of the order being served on the
Owner in the form and location as required by the Manager;
(d) the Dangerous Dog Owner information is current, and the
Owner shall notify the Town in writing if the Dog is
transferred to another Person within (5) days of the change
of ownership;
(e) the Dangerous Dog is microchipped within thirty (30) days
of the order being served on the Owner;
(f) the Dangerous Dog is spayed or neutered within thirty (30)
days of the order being served on the Owner;
(g) arrangements are made with the Town to enable the Town
to collect information about the subject Dog within thirty (30)
days of the order being served on the Owner.
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(h) While on the property of the Owner, cause the Dog subject
to the Dangerous Dog Order to be tethered or confined by
a six (6) foot fence in a way that prevents the Dog from
going beyond the limits of the owner's property or being
accidentally or intentionally released; and
(i) Whenever off the property of the Owner, cause the Dog
subject to the Dangerous Dog Order to be muzzled and
leashed, and the Owner shall not permit such a Dog to be
left in the control of a Person under the age of sixteen (16)
(8) In addition to Section 9(7) of this By-law, where an Owner is
served with a Dangerous Dog Order, the Manager may require
the subject Dog to receive training in a form and timeline as
required by the Manager.
(9) Where a Dangerous Dog Order has been served, the Owner of the
subject Dog shall provide proof of compliance to the satisfaction of the
Manager.
(10) Where the Director, Manager or any Animal Services Officer is
satisfied that a contravention of this By-law has occurred, such
Director, Manager or Animal Services Officer may make an
order requiring that the Person who caused or permitted such
contravention, or the property owner of the land on which the
contravention occurred, to discontinue the contravening activity
and/or to do work to correct the contravention.
(11) An order pursuant to Section 9(10) shall set out the following:
(a) the municipal address and/or the legal description of the land
or premises on which the contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order;
(d) the date by which there must be compliance with the order
and/or, if any work is ordered, the date by which any such
work must be done;
(e) if any work is required to be done, a statement that if such
work is not done in compliance with the order and within a
specified time period, the Town will have the work done at
the expense of the Person directed or required to do it; and
(f) information regarding the Town's contact Person.
(12) No person shall fail to comply with an order made under section
9(10).
10. Remedial Action and Cost Recovery
(1) Wherever this By-law or an order issued under this By-law directs or
requires any matter or thing to be done by any person within a
specified time period, in default of it being done by the person directed
or required to do it, the action may be taken under the direction of the
Manager at that person's expense and the Town may recover the
costs incurred through a legal action or by recovering the costs in the
same manner as taxes.
(2) For the purposes of taking remedial action under Section 10(1), the
Director, Manager or an Animal Services Officer may enter, at any
Animal Control By-law
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reasonable time, upon any lands on which a default to carry out any
notice, order, or action as directed.
11. Appeal
(1) Where a Training Order, Notice to Muzzle or a Dangerous Dog
Order, has been issued, the Owner of the Dog may apply for a
Hearing to appeal the Order to the Town's Hearing Officer.
(2) A request for a Hearing shall be made in writing and delivered to the
Town Clerk within ten (10) business days after the Training Order,
Notice to Muzzle or Dangerous Dog Order has been served.
(3) Upon receipt of the request for a Hearing from an Owner of a vicious
Dog, the Town Clerk shall convene a meeting of the Hearing Officer,
as soon as is practicable, and notify the Owner of the Dog and any
victim(s) of the Attack of the time, date and location of the Hearing.
(4) Notwithstanding that an Owner has applied for a Hearing to appeal an
order, the order takes effect when it is served on the Person to whom
it is directed and remains in effect until the Hearing Officer has made
its decision on the appeal.
(5) Before the Hearing Officer makes any decision, a written notice to
advise the Owner of the recommendations being made by the
Manager or Animal Services Officer with respect to the order shall
be provided.
(6) The Owner and any other interested Persons shall have the right to
make a submission of their defense, either in-writing or in-person
before the Hearing Officer.
(7) Failure for the Owner or representative to attend the scheduled
hearing before the Hearing Officer shall result in the proceeding of
the hearing.
(8) The Hearing Officer shall deliberate the merits of the evidence
presented and shall render its decision at the meeting or shall reserve
its decision to be presented later, which shall not be later than ten (10)
business days following the date of the hearing.
(9) The Hearing Officer has the power to:
(a) confirm the requirements of an order;
(b) exempt the Owner in whole or part from any requirement set
out in the order;
(c) impose conditions on any exemption granted under Section
11(9)(b) that the Hearing Officer considers appropriate; or
(d) rescind the order.
(10) The decision of the Hearing Officer is final and binding.
(11) Notice of the hearing or any matter which arises relating to the
proceedings of the Hearing Officer not covered in the provisions of
this By-law shall be governed by the Statutory Powers Procedures Act.
12. Registration and Licensing
(1) Every Owner of a Cat or Dog over the age of twelve (12) weeks shall
Licence the Domestic Animal with the Town and shall maintain the
Licence in good standing.
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(2) Every Owner of a Cat or Dog shall annually renew the Licence before
its date of expiry.
(3) Upon payment of the Licence Fee, the Owner shall be provided with
a Licence and shall Keep the Licence securely fixed on the Cat or
Dog at all times.
(4) If a Licence is lost or misplaced for any reason, the Owner shall make
an application for a replacement Licence.
(5) No Owner shall provide false information when licensing a Domestic
Animal.
(6) Every Owner of a Cat or Dog shall at the time of licensing the
Domestic Animal, pay the Licence Fee to the Town in accordance
with the Town's Fees and Charges By-Law, as may be amended
from time to time.
(7) Every Licence issued pursuant to this By-law shall be serially
numbered and a record of their issue shall be kept by the Town. Such
registration shall, at a minimum, set out the name and address of the
Owner, the name of the Domestic Animal, and shall contain other
information as may be required by the Manager.
(8) Every Licence issued pursuant to this By-law is personal to the
Domestic Animal registered and shall not be transferable.
13. Animals At Large
(1) No Person keeping a Dog shall allow the Dog to be At Large within
the geographical boundaries of the Town unless such Dog is confined
to a leash-free Park or zone approved or designated by the Town.
(2) No Person shall permit a Dog to enter or to be located in any leash-
free Park or zone approved or designated by the Town unless such a
Dog is licensed pursuant to this By-law or licensed pursuant to a
municipal Animal licensing program of another municipality in Ontario.
(3) Unless otherwise permitted by Town policy, other by-laws or any
legislation, no Person keeping a Dog shall allow the Dog, other than a
Guide Dog or a Service Animal, to be in or on Town property or
Town facilities where posted signs prohibit such activity or such
prohibition is communicated by Town staff in another manner.
(4) No Person keeping an Animal shall permit such Animal to be At
Large within the Town or allow such an Animal to cause damage or
create a Nuisance or disturbance to another Person, another Person's
property, or to Town property.
(5) An Animal Services Officer may Impound any Domestic Animal
found to be At Large.
(6) Every reasonable effort shall be made by the Animal Services
Officer to notify the Owner within twenty-four (24) hours that a
Domestic Animal is impounded and the conditions whereby custody
of Domestic Animal may be reclaimed.
(7) No person shall permit domestic pigeons from perching, roosting,
resting, or excreting on any property that is not owned by them.
14. Exemptions
Animal Control By-law
Page 13 of 15
(1) This By-law does not apply to a Law Enforcement Dog and the
Persons who have care and control of a Law Enforcement Dog as
part of their law enforcement duties.
(2) The following are exempt from any restrictions on the number of
Domestic Animals permitted under this By-law:
(a) a veterinary hospital, clinic, office or veterinary service
lawfully operated and supervised by a veterinarian licensed
to practice in Ontario;
(b) premises registered as a research facility in accordance
with the Animals For Research Act, R.S.O. 1990, c.
A.22, as amended, or any successor legislation thereto;
and
(c) facilities that provide Animal services that are legally
operated on premises where the Zoning By-Law permits
such uses, such as an Domestic Animal Care Facility.
(3) Notwithstanding Section 4(4) of this By-law, a Person shall be
permitted one (1) additional Dog above the limit of three (3), or one (1)
additional Cat above the limit of four (4), provided that the additional
Animal:
(a) is acting as a Guide Dog or Service Animal for the Owner; or
(b) is a Foster Animal for a duration of not more than six (6)
months and the Person is able to produce documentation to
the Town to support this.
(4) Sections 7(1) and 7(2) of this By-law do not apply in the following
situations:
(a) the leaving of food as bait in a trap by a property Owner to
capture a nuisance Animal inhabiting or habituating their
property pursuant to the Fish and Wild Conservation Act, 1997,
S.O. 1997, c41;
(b) the leaving of food as bait by a licenced trapper, and employee
of licensed wildlife removal or pest control agency, agents or
representatives of the Ministry of Natural Resources, Municipal
Law Enforcement Officers, or a Police Officer, in the
performance or their work; or
(c) the leaving of food for a colony of stray or Feral Cats for the
purpose of trap, neuter or spay and return program approved by
the Corporation of the Town of Newmarket.
(5) Any Foster Animal, Service Animal or Guide Dog is exempt from all
fees related to an Animal Licence.
15. Offences
(1) Every Person who contravenes any provision of this By-law are liable
to the fines and administrative fees set out under the Administrative
Monetary Penalty System By-law 2019-62.
(2) Every Person who is in contravention of the provisions of this By-law
may request a review of the matter in accordance with the
Administrative Monetary Penalty System By-law-2019- 62.
Animal Control By-law
Page 14 of 15
(3) Any Person who contravenes a provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
16. Severability
(1) Where a court of competent jurisdiction declares any section of this
By-law to be invalid, or to be not in force, or without effect, it is the
intention of Council in enacting this By-law that the remainder of this
By-law shall continue in force and applied and enforced in accordance
with its terms to the fullest extent possible according to law.
17. Repeal
(1) Animal Control By-law 2016-53, as amended, is hereby repealed.
Enacted this 29th day of June, 2020.
John Taylor, Mayor
Lisa Lyons, Town Clerk
Animal Control By-law
Page 15 of 15
Schedule 'A'
Permitted Animals List
1. Animals identified under this Schedule are hereby permitted within the
Town. All other animals are restricted unless grandfathered and in
accordance with Sections 4(8), 4(9), and 4(10) of this By-law.
Permitted animals are subject to the restrictions set out below:
AGRICULTURAL LIVESTOCK
Only animals that are raised in an agricultural setting to produce
farming labour or agricultural commodities are permitted
AMPHIBIANS
Only amphibians of the non-poisonous type are permitted
ARCHNIDS
Only arachnids of the non-venomous type and not from the theraphosidae
(tarantulas) family of spiders are permitted
BIRDS
Only birds that are in compliance with all provincial and federal regulations
MAMMALS
CARNIVORA
Domestic Cats
Domestic Dogs
Domestic Ferrets
EULIPOTYPHLA
Hedgehogs
LAGOMORPHA
Domestic Rabbits
RODENTIA
Chinchillas
Degus
Domestic Mice
Domestic Rats
Gerbils
Guinea Pigs
Hamsters
FISH
All ornamental fish except for wild-caught and in compliance with all
provincial and federal regulations
REPTILES
SQUAMATA
Bearded Dragons
Geckos
Iguanas
Lizards
All reptiles must be of the non-poisonous and non-venomous type that do
not exceed 30 centimetres or 12 inches in length at maturity are permitted
SNAKES
Only snakes of the non-venomous and non-constrictive type that do not
exceed 45 centimeters or 18 inches at maturity are permitted