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Note: The penalty provision for the offences listed above is Section 5.5 of By-law No.
2019-35
THE CITY OF NIAGARA FALLS
By-Law No. 2019 - 35
A by-law to regulate animal care and control.
WHEREAS sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
("Municipal Act") authorize a lower tier municipality to pass by-laws respecting animals;
AND WHEREAS section 8(3) of the Municipal Act confers the power upon a municipality,
in exercising its powers to regulate and prohibit respecting a matter, to provide for a
system of licences, permits, approvals or registrations respecting the matter, and to
impose conditions as a requirement of obtaining, continuing to hold or renew a licence,
permit, approval or registration;
AND WHEREAS section 103 of the Municipal Act provides that if a municipality passes
a by-law regulation or prohibiting with respect to the being at large or trespassing of
animals it may provide for the seizure and impoundment of animals found at large or
trespassing contrary to that by-law under certain conditions;
AND WHEREAS section 391 of the Municipal Act enables a municipality to pass a by-
law imposing fees or charges on persons for services or activities provided or done by or
on behalf of it;
AND WHEREAS Council deems it expedient and in the public interest to license dogs, to
regulate and control animals in the municipality and to regulate the care and keeping of
animals pursuant to its authority to do so under the Municipal Act;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. DEFINITIONS
For the purposes of this By-law:
"Animal" means any member of the animal kingdom but excluding fish;
"At large" means being at any place other than the premises of the owner
of the animal and not under the control of the owner, except where the
owner of the property permits the animal to be on his or her property ;
"Attack" means physical contact, other than accidental contact, by an
Animal that results in bleeding, bone breakage, bruising, a scratch or a
sprain to a Person or an Animal or damage to clothing worn by a Person,
and the words "Attacked" or "Attacking" have a corresponding meaning;
"Bite" means a wound or wounds to the skin that causes it to puncture or
break, which are caused by the teeth of an Animal;
"Breeding kennel" is a Kennel where the primary purpose of the facility is
for breeding of Dogs and the number of Dogs permitted within such Kennels
shall not exceed ten, excluding pups under ten weeks of age;
"Cat" means a domesticated feline animal, male or female;
"City" means the City of Niagara Falls or the geographic area thereof and
shall include all servants, agents and contractors;
"Commercial kennel" means a premise where the primary purpose of the
facility is for the boarding of Dogs for hire or gain;
"Council" means The Corporation of the City of Niagara Falls;
"Dog" means a domesticated canine animal, male or female;
"Domestic animal" means any tamed or domesticated Animal;
"Dwelling unit" means a building, structure, room or rooms occupied or
intended for use for human habitation in which sanitary, cooking, living and
sleeping facilities exist;
"Hobby kennel" is a Kennel where four to ten Dogs, excluding pups under
ten weeks of age, are Kept for personal uses as hunting Dogs, sled Dogs
or show Dogs, Kept for the purpose of training or Kept as pets and where
there is no boarding and no revenue derived from the Kennel;
"Keep" means to have temporary or permanent control or possession of an
Animal, the words "Kept" or "Keeping" have a corresponding meaning;
"Kennel" means a building or structure or part thereof whereby animals are
kept for remuneration for the purpose of breeding, boarding, housing,
feeding and/or maintenance and excludes animal clinics, grooming
establishments, Humane Societies and Pet Shops;
"Leash" means a rope chain or other restraining device for a dog that may
not exceed 3 metres;
"Livestock" means any domestic or farmed Animal, including, but not limited
to, poultry, cattle, swine, horses, mink or other furbearing animals, rabbits,
sheep, goats and other types of Animals listed by the Agricultural Code of
Practice of the Ontario Ministry of Agriculture, Food and Rural Affairs;
"Motor vehicle" means a motor vehicle as defined in the Highway Traffic
Act, R.S.0. 1990, c. H.8, as amended;
"Muzzle" means a humane fastening or covering device of adequate
strength placed over the mouth of an Animal that does not interfere with the
breathing, panting, ability to drink, or vision of the dog when fitted and
fastened over the mouth of the dog, but that is of sufficient strength to
prevent the dog from biting, the words "Muzzled" and "Muzzling" have a
corresponding meaning;
"Officer" means a Person appointed by Council as a Municipal By-law
Enforcement Officer, and Animal Control Officers employed by the Society
including agents and inspectors designated as such under the Ontario
Society for the Prevention of Cruelty to Animals Act, R.S.O. 1990, c. O. 36
and all other enforcement officers as may be appointed by the Province of
Ontario and the Region of Niagara.
"OSPCA" means the Ontario Society for the Prevention of Cruelty to
Animals as constituted under the Ontario Society for the Prevention of
Cruelty to Animals Act, R.S.O. 1990, c. 0.36, as amended;
"Owner" means any person who possesses, harbours or keeps 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, the word "Owns" has a corresponding meaning;
"Person" means an individual, corporation, association, or any other non-
incorporated entity;
"Pet shop" means a shop or place where animals are sold or kept for sale
for use as pets;
"Pound" means the part of the premises of the society used for the
temporary housing and care of animals that have been impounded pursuant
to this by-law, in accordance with the Animals for Research Act, R.S.O.
1990,c. A.22;
"Premises" includes a Dwelling unit, a house or building and the land or
Premises on which the building or house is situated or attached;
"Prohibited animal" means any Animal that is set out in Schedule "B"
attached to this by-law and which may be amended by the Council from
time to time as required;
"Service dog" means an animal trained by a recognized school for service
as a guide dog for the blind or visually-impaired, a guide dog for the deaf or
hearing-impaired, or a special skills dog for other disabled persons;
"Shelter" means a structurally sound and sufficient, weather-proof,
insulated enclosure of dimensions sufficient to protect the full body of the
animal for whose use it is intended from the elements and in which the
animal is able to fully stand up, sit down, turn around and lay down with its
limbs fully extended;
"Society" means the Niagara SPCA and Humane Society;
"Sterilized" in respect of a dog or cat means either spayed or neutered and
"Sterilization" has a corresponding meaning;
"Tether" means a rope, chain or any restraining device attached to an
inanimate object that prevents an animal from moving away from a localized
area, the words "Tethered" and "Tethering" have a corresponding meaning;
"Urban boundary" means the urban boundary as set out and or as amended
in Schedule "A";
"Wild animal" means all mammals other than domestic animals but does
not include the domestic ferret; and
"Without provocation" when used in reference to a bite or attack on a person
or animal, means in the absence of any abuse, assault, teasing, tormenting,
unwanted physical contact or the like by the person or animal who sustained
the bite or attack.
2.
CARE OF ANIMALS
Responsibility to Care for Animals
2.1
Every Person who keeps an Animal within the City shall at all times provide
the Animal, or cause it to be provided with:
2.1.1
a clean and sanitary environment free from the accumulation of
waste matter; and
2.1.2
adequate and appropriate care, food, water, Shelter, and the
opportunity for physical activity.
2.2
Every Person who keeps an Animal that may reside outdoors, shall, in
addition to complying with the requirements set out in Section 2.1 of this By-
law, ensure that the animal is provided with:
2.2.1
a Shelter that is of such a nature and condition that the Animal
would not be harmed and its health would not be negatively
affected for the reason of being in such a Shelter;
2.2.2
a Shelter in a size and condition that will allow an Animal to extend
its legs, wings and body to their full natural extent;
2.2.3
an area separate from the Shelter that provides the Animal with
shade and protection from direct sunlight at any time of the day;
and
2.2.4
an area that is dry and free from standing water.
Tethers
2.3
No Person shall keep an Animal Tethered unless:
2.3.1
the Tether is a minimum of four metres in length;
2.3.2
the Animal has unrestricted and unobstructed movement within
the range of the Tether;
2.3.3
the Animal has access to food, water and Shelter;
2.3.4
it is attached to a permanently fixed object;
2.3.5
the Tether is securely attached to a flat collar or other humane
harnessing device and not to a choke collar, choke chain or
pronged collar; and
2.3.6
the Animal is Tethered in a way that it will not injure itself.
2.4
No Person shall Tether an Animal in such a way as to permit the Animal to
go beyond the limits of the Person's Premises, or the Premises of another
Person from whom the Owner of the Animal has received prior consent from
the Owner of that Premises.
Sanitary Conditions
2.5
Every Person who keeps an Animal within the City shall keep the Animal,
or cause the Animal to be kept, on Premises that are free from the
accumulation of fecal or other waste matter, foul odour, insect infestation,
rodent attractants or any other unsanitary condition that disturbs or is likely
to disturb the enjoyment, comfort or convenience of any Person or Animal,
or that may endanger the health of any Person or Animal.
2.5.1
Section 2.5 does not prohibit a Person who is a bona fide farmer
engaged in a normal farming practice pursuant to the Farming and
Food Production Act, 1998, S.O. 1998, c. 1.
3.
DOGS
Registration
3.1
Every owner of a Dog within the City shall:
3.1.1
register the Dog annually with the City and pay an annual dog
registration fee as set out in Schedule "C";
3.1.2
provide proof of Sterilization from a qualified veterinarian at the
time of registration to qualify for a discounted annual Dog
registration fee;
3.1.3
ensure that the Dog identification tag, issued by the City at
registration is on the Dog's collar, and the said collar is affixed to
the Dog at all times;
3.1.4
promptly purchase a replacement Dog identification tag from the
City, in the event that such tag is lost, damaged or destroyed;
3.1.5
not use a Dog identification tag for any Dog other than the Dog for
which it was issued;
3.1.6
notify the City within seven (7) days of the sale or death of a
registered Dog; and
3.1.7
not provide the City with any false information in respect of the
registration, or renewal of a registration of a Dog.
3.2
Every Owner of a Dog shall provide the City the following information upon
registration and renewal:
3.2.1
name, address, and telephone number of the Dog Owner;
3.2.2
name, age, gender, breed, and colour of the Dog; and
3.2.3
proof of Sterilization from a qualified veterinarian, if applicable.
3.3
If any information provided under Section 3.2 changes, the Owner shall
notify the City within seven (7) days.
3.4
Dog registration shall be valid for one (1) year from the date of purchase,
and shall be renewed annually.
Dog Kennel
3.5
No person shall construct, establish, maintain or operate a Dog Kennel in
the City unless:
3.5.1
the Kennel is in compliance with the provisions of this By-law, any
other applicable municipal by-law and any applicable Act or
Regulation including, without restricting the generality of the
foregoing, the City's Zoning By-law No. 79-200, as amended, and
any successor thereto, the Health Protection and Promotion Act,
R.S.O. 1990, c . H. 7 , the Building Code Act, 1992, S.O. 1992, c.
23, and the Fire Protection and Prevention Act, 1997, S. O. 1997,
c. 4;
3.5.2
the Kennel and its surrounding environs prevents escape by any
Dog from the Kennel;
3.5.3
the Owner or operator of the Kennel registers the Kennel annually
with the City and pays the annual Kennel registration fee as set
out in Schedule "C";
3.5.4
the Owner or operator of the Kennel renews the Kennel
registration annually before January 1st of each year any time
after January 1st the Owner or operator is subject to a registration
surcharge as set out in Schedule "C"; and
3.5.5
the Kennel is clean, secure and operated in a humane manner
including compliance with the current CVMA Code of Practice for
Canadian Kennel Operations.
3.6
If an Owner or operator registers a Kennel after July 1st, the Owner operator
shall pay one-half of the applicable annual registration fee as set out in
Schedule "C".
3.7
To register a Kennel every Owner or operator shall provide the City with the
following information:
3.7.1
the name, address and telephone number of the Kennel Owner;
3.7.2
the name, address and telephone number of the Kennel operator;
3.7.3
the name, age, gender, breed, color and sterilization status of all
Dogs Kept at the Kennel; and
3.7.4
the Canadian Kennel Club registration number, if applicable.
3.8
No Owner or operator of a Hobby kennel shall permit more than ten (10)
Dogs, excluding pups under ten weeks of age, to be Kept at the Hobby
kennel.
3.9
No Owner or operator of a Breeding kennel shall permit more than ten (10)
Dogs, excluding pups under ten weeks of age, to be Kept at the Breeding
kennel.
3.10 Notwithstanding Sections 3.8 and 3.9 of this By-law, any Person who
lawfully Owns or operates a Kennel with more than ten Dogs on the date of
the passing of this By-law shall have ninety (90) days to register same with
the City and describe in detail the Dogs and shall be permitted to continue
to Own or operate the Kennel.
3.11 Every Owner or operator of a Kennel shall, upon request by an Officer,
permit the Officer to inspect the Premises at any reasonable time for the
purpose of determining compliance with this By-law.
3.12 Any Kennel registration may be refused, suspended pending compliance,
or revoked for non-compliance by an Officer if, in his/her opinion, the Kennel
does not comply with the provisions of this By-law.
3.13 In the event that the City refuses a Kennel registration or suspends or
revokes a kennel registration, the Owner or operator of such Kennel may
appeal to Council in accordance with Council's procedures.
3.14 If an appeal is taken, Council shall hear the appeal in accordance with its
procedures and shall have all powers and functions of an Officer in deciding
the appeal.
Leashing and Running At Large
3.15 For the purposes of this By-law, a Dog shall be deemed to be running At
large if it is found in any place other than on the Premises of its Owner while
not on a Leash held by any Person and not under the control of any Person.
3.16 No owner of a Dog shall permit the Dog to run At large in the City except in
designated off-leash areas.
3.17 No Owner of a Dog shall use a Leash on the Dog that exceeds five (5)
metres in length, but in no case shall an Owner use a Leash of a length that
does not enable him or her to properly control the Dog.
3.18 Every Owner of a Dog shall, while the Dog is not on the Owner's Premises,
control the Dog by means of a Leash that is held or affixed to their person
or another competent person.
3.19 A Dog shall not be deemed to be controlled by a Leash if the Leash is
attached to an inanimate or immovable object, a motor vehicle or a bicycle.
3.20 No Person shall use a collar on a Dog that restricts, or may restrict, the
Dog's ability to breathe or swallow, or that causes, or may cause, the Dog
discomfort.
3.21 Sections 3.15 to 3.20 of this By-law shall not apply to:
3.21.1
police working Dogs while they are in the course of fulfilling their
duties; and
3.21.2
hunting Dogs that are under the direct supervision of a Person
who is a bona fide hunter actively engaged in hunting in
accordance with the Fish and Wildlife Conservation Act, 1997,
S.O. 1997, c. 41, as amended, and other applicable law during a
permitted season to whom has been issued such necessary
licences and permits as may be required by the laws of the
Dominion of Canada, the Province of Ontario and the City and
provided that such Person has obtained the prior consent of the
Owner of the parcel of land on which the hunting Dogs are At
large, which consent is obtained not more than one year prior to
the date of the occasion on which the Dogs are at large.
Impounding of Dogs
3.22 An Officer may seize any Dog that is found running At large in the City and
may cause such Dog to be delivered to the Pound.
3.23 Any Person may seize any Dog that is found running At large in the City
and shall immediately thereafter cause such Dog to be delivered to the
Pound or, if known, returned to its Owner.
3.24 A Dog seized pursuant to sections 3.22 or 3.23 of this by-law shall be
considered impounded at the time and place when it comes under the
control of the Officer or, in any other case, when delivered to the Pound.
3.25 Upon seizing or taking possession of any Dog, the Pound shall impound the
Dog and make reasonable efforts to determine the identity of the Owner of
the Dog and inform such Person that his or her Dog has been impounded.
3.26 The Pound shall keep any Dog impounded pursuant to this By-law for a
redemption period of three days. This redemption period shall be calculated
by excluding:
3.26.1
the day on which the Dog was impounded;
3.26.2
statutory holidays; and
3.26.3
days on which the Pound is closed.
3.27 During the redemption period, the Pound:
3.27.1
may provide such veterinary or other care for an injured or ill
impounded Dog as may be necessary to sustain its life or relieve
any distress;
3.27.2
shall be entitled to recover from the Owner of the Dog, the cost of
any veterinary or other care provided while the Dog was
impounded; and
3.27.3
shall be entitled to recover from the Owner of the Dog, any Pound
fees for the redemption of the Dog.
3.28 During the redemption period, the Pound may euthanize an impounded Dog
without delay if, in the opinion of the Pound, such action is warranted for
humane reasons.
3.29 During the redemption period, the Owner of an impounded Dog may obtain
release of such Dog by first:
3.29.1
providing evidence to the Pound that the Dog is registered in
accordance with the requirements of this By-law or if the Dog is
not registered, by registering the Dog with the City in accordance
with this By-law;
3.29.2
paying the costs and fees provided for in Section 3.27 of this By-
law; and
3.29.3
taking any other action in relation to the care or control of the Dog
that the City or Pound may direct.
3.30 After the expiration of the redemption period, the Pound may:
3.30.1
release the Dog to its owner upon compliance with Section 3.29
of this by-law; or
3.30.2
Keep, sell or dispose of the Dog in accordance with the provisions
of the Animals for Research Act, R.S.O. 1990, c. A.22, as
amended.
3.31 Whenever an impounded Dog is released to its Owner, a record of such
release shall be kept by the Pound.
Dog Bites & Muzzling of Dogs
3.32 No Owner of a Dog shall wilfully cause the Dog, or permit the Dog through
neglect or failure to control, to Without Provocation Bite, Attack or chase a
Person or another Animal, or to damage public or private property.
3.33 No Owner shall Muzzle a Dog in any manner that restricts or may restrict
the Dog's breathing, its ability to drink water or in any manner that causes
the Dog pain, suffering or injury.
3.34 Where an Officer becomes aware, either through his own investigation or
as a result of information received by him from any source, that a Dog has
Bitten or Attacked a Person or Animal Without Provocation, the Officer may,
by written notice served upon the Owner, require the Owner to comply with
the requirements set out in Sections 3.35 and 3.36 of this By-law within the
time stipulated in said notice, and the Dog shall thereafter be deemed to be
a dangerous Dog.
3.35 Every Owner of a dangerous Dog shall, at all times while the dangerous
Dog is not in the Owner's Dwelling Unit, but is otherwise within the
boundaries of the Owner's Premises, ensure that the dangerous Dog wears
a Muzzle in accordance with Section 3.33 of this By-law and ensure that:
3.35.1
the Dog is securely Tethered in accordance with Sections 2.3 and
2.4 of this By-law;
3.35.2
the Dog is contained within an area enclosed by a fence of an
appropriate height for the breed of Dog, or an area enclosed by
other means such that the Dog cannot come into contact with any
other Person or Animal; and
3.35.3
a sign, no smaller than 5" x 7", is displayed at all entrances to the
property upon which the Dog is Kept, bearing words and a symbol
that warn that there is a dangerous Dog on the property.
3.36 Every Owner of a dangerous Dog shall, at all times while the Dog is not
within the boundaries of the Owner's Premises, keep the dog:
3.36.1
Muzzled in accordance with section 3.33 of this By-law;
3.36.2
under the control of a competent Person capable of handling the
Dog who is eighteen years of age or older; and
3.36.3
on a Leash that does not exceed two (2) metres in length.
3.37 Every Owner of a dangerous Dog shall immediately notify the City of the
following:
3.37.1
any change in ownership or residence of the dangerous Dog and
provide the name, current address and telephone number of the
new Owner or residence;
3.37.2
if the Dog runs At large, Attacks or Bites any Person or Animal; or
3.37.3
if the Dog dies.
3.38 An Officer shall have the authority to make whatever inquiry is deemed
necessary to ensure compliance with Sections 3.35 and 3.36 of this By-law.
3.39 Sections 3.35 through 3.37 of this By-law shall not apply to police working
Dogs while they are carrying out their duties.
Stoop and Scoop
3.40 Every Owner of a Dog shall immediately remove any feces left by the Dog
in any place other the Premises of the Owner and dispose of it in a proper
waste receptacle.
3.41 Section 3.40 of this By-law shall not apply to:
3.41.1
the handler of a Service Dog, where the handler is unable to
remove the excrement left by such Dog due to a physical disability
or impediment;
3.41.2
a blind or visually impaired handler of a Service Dog if the feces
were left while the Dog was off the Premises of the handler and
carrying out its duties; or
3.41.3
a police working Dog while they are carrying out their duties.
Number of Dogs Restricted
3.42 No Person shall Keep on their Premises more than three Dogs over ten
weeks of age, unless:
3.42.1
the Premises is registered as a Kennel in accordance with the
provisions of this By-law;
3.42.2
the Premises is a Pet shop;
3.42.3
the Premises is used by the Society; or
3.42.4
the Premises is an accredited veterinary facility under the
supervision of a veterinarian licensed pursuant to the
Veterinarians Act, R.S.O. 1990, c. V.3, as amended.
3.43 Despite Section 3.42 of this By-law, any Person lawfully Keeping more than
the permitted number of Dogs on his or her Premises on the date this By-
law comes into effect shall be permitted to Keep said Dogs on his or her
Premises, provided that such dogs are registered with the City in
accordance with this By-law within ninety (90) days of the date that this By-
law comes into effect, if any Dog is added or replaced by the Owner, the
Owner will be required to obtain an appropriate Kennel license.
3.44 The onus of proving the exemption provided for in Section 3.43 shall be
upon the Person seeking the exemption.
3.45 The exemption provided for in Section 3.43 of this By-law shall be for the
life of the Dogs.
4.
GENERAL ANIMALS
Rabies Immunization
4.1
Every Owner of a Dog or Cat that is four months of age or older shall ensure
that the Dog or Cat is duly immunized against rabies and that the
immunization is maintained as current.
Transporting Animals
4.2
For the purpose of this By-law, "Roadway" means any street, highway or
other place, whether publicly or privately owned, any part of which the public
is permitted to use for the passage or parking of vehicles.
4.3
No Person transporting an Animal shall allow the Animal to be outside of
the passenger cab of a Motor Vehicle on a Roadway, regardless of whether
the Motor Vehicle is moving or stationary.
4.4
Notwithstanding Section 4.3, a Person may allow an Animal to be outside
the passenger cab of a Motor Vehicle while on a Roadway, including riding
in the bed of a pick-up truck or flatbed truck, if the Animal is:
4.4.1
in a fully enclosed trailer;
4.4.2
in a fully enclosed bed area of a truck, the dimensions of which
permit the Animal to fully stand up, sit down, turn around and lay
down; or
4.4.3
contained in a crate or similar device manufactured for the
confinement or transport of an Animal, the dimensions of which
permit the Animal to fully stand up, sit down, turn around and lay
down and which is securely fastened to the bed of the truck.
4.5
Notwithstanding Section 4.3, a Person may transport an Animal in the bed
of a pick-up truck or flatbed truck provided that the Animal is securely
Tethered in such a manner that it cannot jump, slide or be thrown from the
truck, is not in danger of strangulation, and cannot reach beyond the outside
edge of the bed of the truck.
4.6
No Person shall Keep an Animal in any vehicle, part of a vehicle or trailer
attached to a vehicle where doing so causes or may cause the Animal
illness, pain, injury or suffering or to become subject to undue or
unnecessary distress, hardship, privation or neglect.
4.7
An Officer may use any means as are necessary to remove an Animal in
need of assistance from a Motor Vehicle or any enclosed space and the
City shall be entitled to recover its costs for such removal from the registered
owner of the Motor Vehicle or enclosed space.
Tormenting Animals
4.8
No Person shall annoy, assault, batter, tease or torment an Animal or
wilfully and recklessly kill or cause injury, pain or suffering to an Animal.
4.9
Section 4.8 of this By-law shall not be interpreted so as to prohibit:
4.9.1
a Person who is a bona fide farmer engaged in a normal farming
practice pursuant to the Farming and Food Production Protection
Act, 1998, S.O. 1998, c. 1, as amended and other applicable law;
or
4.9.2
a Person who is a bona fide hunter actively engaged in hunting in
accordance with the Fish and Wildlife Conservation Act, 1997,
S.O. 1997, c.41, as amended, and other applicable law during a
permitted season to whom has been issued such necessary
licences and permits as may be required by the laws of the
Dominion of Canada, the Province of Ontario and the City.
Trapping Animals
4.10 No Person shall trap any Animal unless:
4.10.1
the Animal is causing a nuisance to, or damaging, the aggrieved
Person's property;
4.10.2
the Animal is trapped in a live trap;
4.10.3
the Animal is trapped in a humane manner;
4.10.4
once trapped, the Animal is not Kept in a trap for more than 24
hours;
4.10.5
once trapped, the Animal is Sheltered from the elements,
including the sun; and
4.10.6
the Animal is trapped on the property of the aggrieved Person.
4.11 No Person shall set out any trap that causes or may cause injury, pain or
suffering to an Animal including, without limiting the generality thereof,
conibear traps, killer traps, leg-hold traps and snares.
4.12 Any Person who traps a Domestic Animal, in addition to the provisions of
Sections 4.10 and 4.11 of this By-law, shall only release the Animal to:
4.12.1
the rightful Owner of the Animal;
4.12.2
an Officer; or
4.12.3
the Pound.
4.13 Sections 4.10 and 4.11 of this By-law shall not apply to a Person trapping
an Animal where the Person is licensed by the Ontario Ministry of Natural
Resources or is otherwise authorized by law to trap the Animal, and such
trapping shall be conducted in accordance with such applicable law.
Livestock
4.14 No Person shall Keep Livestock on any Premises in the City unless the
Premises is zoned to permit the Keeping of Livestock by City of Niagara
Falls Zoning By-law No. 79-200, as amended, and any successor thereto.
4.15 For the purposes of this By-law, Livestock shall be deemed to be running
At large if found in any place other than the Premises of the Owner of the
Livestock and not under the control of any Person.
4.16 No Owner of Livestock shall permit any Livestock to run At large in the City.
4.17 An Officer may seize any Livestock that is found running At large in the City
and may cause such Livestock to be delivered to the Pound.
4.18 Any Person may seize any Livestock that is found running At large in the
City and shall immediately cause such Livestock to be delivered to the
Pound or, if known, returned to the Owner.
4.19 Any Livestock seized pursuant to Sections 4.17 or 4.18 of this By-law shall
be considered impounded at the time and place when it comes under the
control of an Officer or, in any other case, when delivered to the Pound.
4.20 The Pound may seize and impound any Livestock running At large in the
City and shall make reasonable efforts to determine the identity of the
Owner of the Livestock and to inform the Owner that the Livestock has been
impounded, in accordance with the Pounds Act, R.S.O. 1990, c. P. 17, as
amended.
4.21 The Pound:
4.21.1
may provide such veterinary or other care for any injured or ill
impounded Livestock as may be necessary to sustain its life or
relieve any distress;
4.21.2
shall be entitled to recover from the Owner of the Livestock, the
cost of any veterinary or other care provided while the Livestock
was impounded; and
4.21.3
shall be entitled to recover from the Owner of the Livestock, any
Pound fees for the redemption of the Livestock.
4.22 The pound may euthanize any impounded livestock without delay if, in the
opinion of the Pound, such action is warranted for humane reasons.
4.23 The Owner of any Livestock impounded may obtain release of such
Livestock by first:
4.23.1
paying all costs and fees incurred by the Pound; and
4.23.2
taking any other action in relation to the care or control of the
Livestock that the City or Pound may direct.
4.24 The Pound may, in accordance with the Pounds Act, R.S.O. 1990, c. P.17,
as amended:
4.24.1
release the Livestock to its Owner upon compliance with Sections
4.23 and 4.25 of this By-law; and
4.24.2
Keep, sell or dispose of the Livestock.
4.25 The Owner of any Livestock found running At large shall be liable for all
damages caused by such Livestock and for the costs incurred by the Pound
and or City in seizing and or impounding such Livestock.
4.26 Whenever any impounded Livestock is released to its Owner, a record of
such release shall be kept by the Pound.
Wild Animals
4.27 No Person shall remove any Wild animals from any public land in the City
unless authorized to do so by the City or by law and provided that the
removal is done in a humane manner.
4.28 No Person shall Keep, or cause to be Kept, any Wild animal in the City
unless they are authorized to do so by law.
4.29 Despite Section 4.28 of this By-law a person who comes into the possession
of any Wild animal that is injured or unable to fend for itself shall, as soon
as is reasonable, but in no case no longer than 24 hours after coming into
possession of the Wild animal:
4.29.1
release the Wild animal back into the wild within 1 kilometre from
where it was found;
4.29.2
surrender the Wild animal to the care of the Society; or
4.29.3
surrender the Wild animal to a Person or facility licenced by the
Ministry of Natural Resources to care for wildlife.
Prohibited Animals
4.30 No person shall Keep, either temporarily or permanently, any Animal listed
in Schedule "B", as may be amended by Council from time to time, unless
the Premises on which the Animal is Kept or is to be Kept is zoned by City
of Niagara Falls Zoning By-law No. 79-200, as amended and any successor
thereof, to permit a Kennel and:
4.30.1
the Person is authorized to Keep the Animal by the Government
of Canada or the Province of Ontario; or
4.30.2
the Animal is a bird used for falconry.
4.31 Despite Section 4.30 of this By-law, a Person who is lawfully Keeping a
Prohibited animal on the date this By-law comes into effect shall be
permitted to Keep such Animal on his or her Premises provided that the
Animal is Kept in an environment which is appropriate for the species and
the Owner has registered the Animal by advising the City in writing of the
species of Animal, the name, current address and phone number of the
Owner and providing a photograph clearly depicting the Animal within ninety
(90) days of the date that this By-law comes into effect.
4.32 The onus of proving the exemption provided for in Section 4.31 of this By-
law is upon the Person seeking the exemption.
4.33 The exemption provided for in Section 4.31 of this By-law is for the life of
the Prohibited animal.
4.34 The City may maintain a list of all Prohibited animals for which written notice
has been received in accordance with Section 4.31 of this By-law.
4.35 Section 4.30 of this By-law shall not apply to:
4.35.1
any Premises used by the Society;
4.35.2
any Premises of the Government of Canada, the Province of
Ontario, the Region of Niagara or the City of Niagara Falls;
4.35.3
any lawful fair, circus or other entertainment event where Animals
are displayed;
4.35.4
Premises of an accredited veterinary facility under the supervision
of a veterinarian licensed pursuant to the Veterinarians Act,
R.S.O. 1990, c. V.3, as amended;
4.35.5
Premises owned or operated by any zoo or exhibit, permanently
and lawfully located in the City, and where such Premises or
facilities are accredited by the Canadian Association of Zoos and
Aquariums (CAZA);
4.35.6
areas of the City in which professionally produced films are being
lawfully made using such Animals, provided that there is
supervision by an agent or inspector of the OSPCA;
4.35.7
any area of the City in which educational programs are being
lawfully conducted with such Animals, provided that the Animals
are Owned by institutions accredited by the CAZA or the American
Zoo and Aquarium Association, and only while the educational
programs are actually being conducted;
4.35.8
Premises registered as research facilities pursuant to the Animals
for Research Act, R.S.O. 1990, c. A.22, as amended;
4.35.9
Premises owned or operated by an Ontario College or University;
4.35.10 Premises that are authorized by the Ontario Ministry of Natural
Resources; or
4.35.11 Premises owned and legally operated by an animal rescue
organization registered with the Society or pursuant to other
legislation.
4.36 For the purposes of this By-law, a Prohibited animal shall be deemed to be
running At large if found in any place other than the Premises of the Owner
of the Prohibited animal and not under the control of any Person.
4.37 No Person shall permit a Prohibited animal to run At large.
Animal Noise
4.38 No Owner shall permit or allow the persistent barking, calling, whining or
other similar persistent sound made by a Domestic animal or any other
Animal Kept or used for any purpose other than agriculture which sound(s)
is clearly audible at the point of reception.
Chickens
4.39 No Owner shall fail to comply with the regulations set out in Schedule "D"
as it pertains to the Keeping of chickens within the City.
Rabbits
4.40 No Owner shall fail to comply with the regulations set out in Schedule "E"
as it pertains to the Keeping of rabbits within the City.
Coyotes
4.41 "Coyote" is an Animal that is, or appears to be, of the species Canis Iatrans
and any Animal that is a cross breed of a member of the species Canis
Iatrans and a domestic Dog. The singular of this word shall be deemed to
include the plural with all necessary changes in detail; as set out in
Schedule "F".
Cats
4.42 No Person who Owns or possesses a Cat shall allow or permit his or her
Cat to be At large.
4.43 Any Cat found to be At large pursuant to the provisions of this By-law may
be impounded by an Officer or the Society and delivered to the Society.
4.44 The Society shall keep care and control of the cats who are brought to it or
seized by it for being At large in accordance with the applicable legislation
and shall sell or destroy said Cats in accordance with such legislation. The
Society shall keep a record of all Cats impounded and all disposed of, the
amount collected for fees and proceeds of same.
4.45 A Person may humanely trap or confine any Cat found to be on his or her
property and not under the control of an Owner or custodian provided that;
4.45.1
any Cat which has been confined by means of either humane
trapping or capture shall be transported immediately to the Society
during its regular business hours;
4.45.2
a Person who has lawfully trapped or captured a Cat may request
such Cat to be removed by the Society subject to the required fee,
if any, as imposed by the Society.
4.46 Where a Cat has been impounded and the Owner of the Cat has
satisfactorily established to the Society that he or she is the Owner of the
Cat, the Owner shall pay the following fees:
4.46.1
impound fee of $25.00;
4.46.2
$20.00 for each day the Cat is in the care of the Society; and
4.46.3
any expenses the Society incurred in caring for the cat during the
time of impound.
4.47 Every Owner shall claim the Cat within the four days of the day on which
the Cat was impounded excluding the day of impounding, Sundays, and
statutory holidays. Where a Cat is not claimed by its Owner in accordance
with this section the Cat may be sold forthwith or disposed of in a humane
manner.
4.48 Where a Cat is sick or injured before being taken into custody or, in the
opinion of the Society, should be destroyed without delay for humane
reasons or for reasons of safety of Persons or Animals, the Society may
dispose of the Cat in a humane manner as soon after capture or custody as
they may determine.
4.49 Prior to an impounded Cat that has a tag, tattoo, microchip implantation or
other means of identification being destroyed in accordance with the
provisions of this By-law, the Society shall take all reasonable steps to find
the Owner of the Cat and shall forthwith notify the Owner, if found, that the
Cat has been impounded.
4.50 No Owner shall allow or permit his or her Cat to defecate on or in the
following areas without immediately removing the excrement and providing
for its sanitary disposition:
4.50.1
A public place; or
4.50.2
private property, without the consent of the owner of the property.
4.51 No Person shall Keep, permit to be Kept or harbour more than three (3) cats
on a property regardless of whether that person is the Owner of the cats.
4.52 No Person shall Keep, permit to be Kept, or harbour a litter of kittens on a
property more than once in any twelve (12) month period.
4.53 Section 4.51 and Section 4.52 of this by law shall not apply to:
4.53.1
an animal hospital or an animal clinic under the control and
supervision of a qualified veterinarian who is a member of the
College of Veterinarians of Ontario, or;
4.53.2
a Pound facility operated by, or on behalf of the City.
5.
ADMINISTRATION
Enforcement
5.1
Unless otherwise provided for herein, all provisions of this By-law shall be
enforced by an Officer as defined in this By-law.
5.2
An Officer may issue a direction or order requiring that a Person comply
with the provisions of this By-law.
5.3
An Officer may enter upon land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not:
5.3.1
the provisions of this By-law are being complied with; or
5.3.2
a direction or order under this By-law is being complied with.
5.4
No Person shall hinder or obstruct any Officer, or any Person lawfully acting
in aid of such Officer, in the execution of their duties under this By-law.
Offences and Penalties
5.5
Every Person who contravenes any provision of this By-law is guilty of an
offence and is liable upon conviction to a fine recoverable pursuant to the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, or any
successor thereto.
6.
SHORT TITLE
6.1
The short title of this By-law is the "Animal Control By-law".
7.
REPEAL
7.1
The following By-Laws are hereby repealed: By-law No. 75-253, By-law 77-
59, By-law, 77-251, By-law 78-93, By-Law 81-136, By-law 82-18, By-law
91-60, By-law 92-284, By-law 93-155, By-law 94-110, By-law 94-182, By-
law 95-250, By-law 99-120, By-law 2002-129, By-law 2002-152, By-law
2010-70, 2011-37 and By-law 2016-15.
8.
EFFECT
8.1
This By-law shall become effective on the date of passage.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 19th day of March, 2019.
................................................................
...............................................
WILLIAM G. MATSON, ACTING CITY CLERK
JAMES M. DIODATI, MAYOR
SCHEDULE "A"
SCHEDULE "B"
PROHIBITED ANIMALS
1.
All protected or endangered Animals being all Animals, native or non-native,
whose possession or sale is prohibited because they are designated as protected
or endangered pursuant to an international, federal, or provincial law, regulation
rule or agreement, unless the Animal has been obtained in accordance with
international, federal or provincial law, as applicable, and if the Animal is not
identified in this Schedule.
2.
All Canids, except the domestic Dog;
3.
All Felids, except the domestic Cat;
4.
All Marsupials (such as, Kangaroos and Opossums);
5.
All Non-human Primates (such as, Gorillas and Monkeys);
6.
All Viverrids (such as, Mongooses, Civets and Genets);
7.
All Mustelids (such as, Skunks, Weasels, Otters, Badgers), except the domestic
Ferret;
8.
All Ursids (Bears);
9.
All Artiodactylus Ungulates, except domestic Goats, Sheep, Pigs and Cattle;
10.
All Procyonids (such as, Raccoons, Coatis and Cacomistles);
11.
All Hyaenas;
12.
All Perissodactylus Ungulates, except the domestic Horse and Ass;
13.
All Elephants;
14.
All Pinnipeds (such as, Seals, Fur Seals and Walruses);
15.
All Snakes of the Families Pythonidae and Boidae;
16.
All Families of Venomous Snakes;
17.
All Ratite Birds (such as, Ostriches, Rheas, Cassowaries);
18.
All diurnal and nocturnal Raptors (such as Eagles, Hawks and Owls);
19.
All Edentates (such as, Anteaters, Sloths and Armadillos);
20.
All Bats;
21.
All Crocodilians (such as, Alligators and Crocodiles);
22.
All families of Venomous Spiders;
23.
All other Snakes that reach an adult length larger than three (3) meters; and
24.
All other Lizards that reach an adult length larger than two (2) meters;
SCHEDULE "C"
FEES AND CHARGES
Item
Description
Fee
a
Unsterilized Dog
Registration
$40.00
b
Sterilized Dog Registration
$20.00
c
Dog Kennel Registration
$100.00
d
Dog Kennel Registration
(After January 1st)
$120.00
e
Replace Lost or Damaged
Dog Tag
$5.00
SCHEDULE "D"
CHICKENS
1.
In this Schedule;
1.1
No Person shall Keep a rooster within the Urban boundary as contained in
Schedule "A" of this By-law.
1.2
The maximum number of chickens permitted within the Urban boundary
shall be ten (10).
1.3
A "Coop" means a fully enclosed weatherproof building where chickens are
Kept which prevents them from escaping and which includes nest boxes for
egg laying, perches for the chickens to sleep on and food and water
containers.
1.4
All Coops shall be located only in the rear yard.
1.5
The Coop shall be designed and constructed to ensure proper ventilation
and sufficient space for the chickens, shall be maintained in accordance
with good animal husbandry practices and shall keep all vermin out.
1.6
All dead chickens shall be disposed of immediately and, in any event, within
24 hours.
1.7
Chicken feces shall be hygienically stored and promptly removed from the
Premises.
1.8
The chicken's food supply shall be protected against vermin.
1.9
All Premises on which chickens are Kept must have:
1.9.1
detached dwellings on them;
1.9.2
a frontage of at least 40 feet; and
1.9.3
a depth of at least 100 feet.
1.10 The Coop shall be located at least 25 feet from the rear lot line of the lot on
which the Coop is located.
1.11 The Coop shall be located at least 15 feet from any side lot line of the lot on
which the Coop is located.
SCHEDULE "E"
RABBITS
1.
In this Schedule:
1.1
The maximum number of rabbits permitted within the Urban boundary
(Schedule "A") shall be six (6).
1.2
All rabbits must be Kept only in the rear yard and in a rabbitry that fully
encloses the rabbits and prevents them from escaping.
1.3
The rabbitry must be designed and constructed to ensure proper ventilation
and sufficient space for the rabbits and maintained in accordance with good
animal husbandry practices and must keep all vermin out.
1.4
All dead rabbits must be disposed of immediately and in any event, within
24 hours.
1.5
Rabbit feces shall be hygienically stored and promptly removed from the
premises;
1.6
The rabbit's food supply must be secured against vermin.
1.7
All Premises on which rabbits are Kept must have:
1.7.1
detached dwellings on them;
1.7.2
a frontage of at least forty feet; and
1.7.3
a depth of at least 100 feet.
1.8
The rabbitry shall be located at least 25 feet from the rear lot line of the lot
on which the rabbitry is located.
1.9
The rabbitry shall be located at least 15 feet from any side lot line of the lot
on which the rabbitry is located.
SCHEDULE "F"
COYOTES
WHEREAS Coyotes are wild animals native to the Niagara Region.
1.
PURPOSE
1.1
The purpose of this Schedule is to reduce the number of interactions
between humans, their pets and property, and Coyotes that result in injury
or inconvenience to humans, their pets and property.
2.
INTERPRETATION
2.1
"Feed" includes any manner of providing or delivering Food, whether
passive or active;
2.2
"Food" includes any matter or thing that can be consumed by a Coyote for
sustenance;
2.3
managing Food or an Animal feeder in such a way as to attract Animals
which Animals, in turn, attract a Coyote, is deemed to be managing Food or
an Animal feeder in such a manner as to attract a Coyote; and
2.4
without limiting the generality of the definition of Food set out above,
managing Food shall include the disposal of waste, garbage and refuse.
3.
REGULATIONS
3.1
No Person shall Feed a Coyote.
3.2
No Person shall place, expose or allow to be placed or exposed, Food that
is consumed by a Coyote.
3.3
No Person shall manage Food or an Animal feeder intended to attract or
feed Animals other than Coyotes, in such a manner that the Food or feeder
attracts a Coyote.
Note: The penalty provision for the offences listed above is Section 5.5 of By-law No. 2019-35
THE CORPORATION OF THE CITY OF NIAGARA FALLS
SCHEDULE "G" TO
BY LAW NO. 2019-35
BEING A BY LAW TO REGULATE ANIMAL CARE AND CONTROL IN THE CITY OF NIAGARA FALLS
PART 1 PROVINCIAL OFFENCES ACT
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
Failing to provide an animal with clean and sanitary environment
S. 2.1.1
$250.00
Failing to provide an animal with adequate/appropriate care
S. 2.1.2
$250.00
Failing to provide an animal with adequate/appropriate food
S. 2.1.2
$250.00
Failing to provide an animal with adequate/appropriate water
S. 2.1.2
$250.00
Failing to provide an animal with adequate/appropriate shelter
S. 2.1.2
$250.00
Failing to provide an animal opportunity for sufficient physical activity
S. 2.1.2
$250.00
Failing to provide an animal with enclosure of sufficient size
S. 2.2.2
$100.00
Failing to provide an animal with sufficient shade
S. 2.2.3
$200.00
Failing to provide an animal with an area dry and free from standing water
S. 2.2.4
$150.00
Improper tethering of an animal - Tether less than 4 metres
S. 2.3.1
$150.00
Improper tethering of an anima l- failing to give animal unrestricted/unobstructed movement
within range of the tether
S. 2.3.2
$150.00
Improper tethering of an animal - no access to (food/water/shelter)
S. 2.3.3
$250.00
Improper tethering of an animal - permitting animal to injure itself
S. 2.3.6
$100.00
Improper tethering of an animal- permitting animal to reach beyond limits of premises
S. 2.4
$100.00
Improper tethering of an animal- tying (rope/chain/cord/restraining device) directly around
animals neck
S. 2.3.5
$100.00
Keeping an animal in unsanitary conditions
S. 2.5
$250.00
Failing to register a dog with the City
S. 3.1.1
$100.00
Failing to renew a dog registration with the City
S. 3.4
$100.00
Failing to display a dog identification tag on collar affixed to the dog
S. 3.1.3
$50.00
Failing to obtain replacement dog identification tag
S. 3.1.4
$50.00
Failing to notify the Town within seven(7) days of the (sale/death/change of ownership) of a
dog
S. 3.1.6
$50.00
Improper use of a dog tag- use of tag on dog other than one for which tag was issued
S. 3.1.5
$75.00
Provide false information respecting a (dog registration/renewal of dog registration)
S. 3.1.7
$100.00
Note: The penalty provision for the offences listed above is Section 5.5 of By-law No. 2019-35
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
Failing to construct/establish/maintain/operate) a kennel in compliance with the By-Law
S. 3.5.1
$250.00
Operate kennel where escape is not prevented
S. 3.5.2
$100.00
Failing to pay kennel registration fee
S. 3.5.3
$200.00
Failing to renew kennel registration
S. 3.5.4
$200.00
Failing to comply with Kennel Operations Standards
S. 3.5.5
$200.00
Owner of a Hobby Kennel permit more than ten (10) dogs to be kept
S. 3.8
$250.00
Owner of a Breeding Kennel permit more than ten (10) dogs to be kept
S. 3.9
$250.00
Failing to permit an officer to inspect kennel premises
S. 3.11
$250.00
Permitting a dog to run at large
S. 3.16
$150.00
Improper use of a leash on a dog- Leash longer than five (5) metres
S. 3.17
$150.00
Failing to properly control a dog on a leash
S. 3.18
$150.00
Failing to use leash on a dog
S. 3.18
$100.00
Failing to control a dog with a leash- affixing leash to (an/a) (Immovable structure/motor
vehicle/bicycle
S. 3.19
$100.00
Improper use of collar on a dog- restricts the dogs ability to (breath/swallow)
S. 3.20
$250.00
Improper use of collar on a dog- causes the dog discomfort
S. 3.20
$250.00
Failing to turn over found dog to the pound
S. 3.23
$100.00
Failing to turn over found dog to its owner
S. 3.23
$100.00
Permitting a dog to (bite/attack/chase) a person
S. 3.32
$250.00
Permitting a dog to (bite/attack/chase) an animal
S. 3.32
$250.00
Permitting a dog to damage (public/private) property
S. 3.32
$250.00
Improper muzzling of a dog- restricts dogs ability to (breathe/drink water)
S. 3.33
$250.00
Improper muzzling of a dog- muzzle causes dog (pain/suffering/injury)
S. 3.33
$250.00
Failing to comply with a notice respecting a dangerous dog
S. 3.34
$500.00
Failing to muzzle a danger dog on owners premises
S. 3.35
$300.00
Failing to securely tether a dangerous dog
S. 3.35.1
$500.00
Failing to properly confine a dangerous dog with an appropriate fence
S. 3.35.2
$500.00
Failing to display a danger dog sign on property
S. 3.35.3
$200.00
Failing to display a danger dog sign at least 5" X 7" in size
S. 3.35.3
$200.00
Failing to muzzle a dangerous dog
S. 3.36.1
$400.00
Failing to keep a dangerous dog under control of a competent person when off owner's
premises
S. 3.36.2
$400.00
Failing to keep a dangerous dog under control of persons eighteen years of age or older when
off owner's premises
S. 3.36.2
$400.00
Note: The penalty provision for the offences listed above is Section 5.5 of By-law No. 2019-35
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
Using leash of more than two(2) metres on dangerous dog
S. 3.36.3
$400.00
Failing to notify town of change in (ownership/residence) of a dangerous dog
S. 3.37.1
$300.00
Failing to provide town with current information for a new owner of a dangerous dog
S. 3.37.1
$300.00
Failing to notify the town of dangerous dog (running at large/attacking a person/biting a person)
S. 3.37.2
$400.00
Failing to notify town of a dangerous dog (attacking an animal/biting an animal)
S. 3.37.2
$400.00
Failing to notify the town operator of the death of a dangerous dog
S. 3.37.3
$150.00
Failing to immediately remove dog feces
S. 3.40
$100.00
Failing to dispose of dog feces in a proper waste receptacle
S. 3.40
$100.00
Keeping more than three (3) dogs over ten (10) weeks of age on a premises
S. 3.42
$150.00
Failing to register additional dog(s) for three (3) dog limit exemption within the first ninety (90)
days of this by law
S. 3.43
$100.00
Failing to have (dog/cat) immunized against rabies
S. 4.1
$110.00
Failing to maintain (dog/cat) with current immunization against rabies
S. 4.1
$110.00
Failing to keep an animal inside of a passenger cab of a motor vehicle while the motor vehicle
(parked/moving)
S. 4.3
$150.00
Animal outside of passenger cab of motor vehicle- not in fully enclosed trailer
S. 4.4.1
$150.00
Animal outside of passenger cab of motor vehicle- not in fully enclosed bed area of truck
S. 4.4.2
$250.00
Animal in fully enclosed bed area of truck of insufficient dimensions
S. 4.4.2
$150.00
Animal outside of passenger cab of motor vehicle- not in crate
S. 4.4.3
$150.00
Animal confined in crate on the bed of a truck of insufficient dimensions.
S. 4.4.3
$150.00
Improper transportation of animal failure to securely tether the animal in bed of a (pickup
truck/flatbed truck
S. 4.5
$150.00
Improper transportation of animal- (causing/permitting)(illness/pain/injury/suffering) or undue or
unnecessary (distress/hardship/privation/neglect) to an animal while in bed of a (pickup
truck/flatbed truck
S. 4.6
$250.00
(Annoying an Animal/assaulting an animal/battering an animal/teasing an animal/tormenting an
animal) or willfully and recklessly (kill/causing injury to/causing pain to/cause suffering to) an
animal
S. 4.8
$250.00
Trapping an animal when the animal is not (causing a nuisance/damaging property)
S. 4.10.1
$150.00
Trapping an animal in other than a live trap
S. 4.10.2
$250.00
Trapping an animal in an inhumane manner
S. 4.10.3
$250.00
Keeping a trapped animal in a trap for more than 24 hours
S. 4.10.4
$250.00
Failing to shelter a trapped animal from the elements
S. 4.10.5
$250.00
Trapping an animal on property not owned by the aggrieved person
S. 4.10.6
$150.00
Trapping an animal- using trap that (causes/may cause) the animal (injury/pain/suffering)
S. 4.11
$250.00
Failing to release a domestic animal to the owner
S. 4.12.1
$150.00
Note: The penalty provision for the offences listed above is Section 5.5 of By-law No. 2019-35
SET FINE
PROVISION
CREATING OR
DEFINING OFFENCE
SET FINE
Failing to release a domestic animal to an officer
S. 4.12.2
$150.00
Failing to release a domestic animal to the pound
S. 4.12.3
$150.00
Keeping livestock in area not zoned to permit the keeping of livestock
S. 4.14
$200.00
Permitting livestock to run at large
S. 4.16
$300.00
Failing to turn over found livestock to the pound
S. 4.18
$200.00
Failing to turnover found livestock to its owner
S. 4.18
$200.00
Did remove a wild animal from public lands in the City where unauthorized to do so
S. 4.27
$150.00
Did remove a wild animal from public lands in the City in an inhumane manner
S. 4.27
$150.00
Did (keep/cause to be kept) a wild animal
S. 4.28
$150.00
Failing to release a wild animal after possessing it for more than twenty-four (24) hours
S. 4.29
$150.00
Failing to release a wild animal within one (1) kilometer from where it was found
S. 4.29.1
$150.00
Failing to surrender a wild animal to the Society
S. 4.29.2
$150.00
Failing to surrender a wild animal to a (person/facility) licenced by the Ministry of Natural
Resources to care for wildlife
S. 4.29.3
$150.00
Keeping a prohibited animal
S. 4.30
$300.00
Failing to register a grandfathered prohibited animal
S. 4.31
$150.00
Failing to keep a grandfathered prohibited animal in an appropriate environment for the species
S. 4.31
$300.00
Permitting a prohibited animal to run at large
S. 4.37
$300.00
Owner-(allow/permit) persistent barking by any domestic pet
S. 4.38
$200.00
Owner-(allow/permit) persistent whining by any domestic pet
S. 4.38
$200.00
Owner-(allow/permit) persistent calling by any domestic pet
S. 4.38
$200.00
Owner- fail to comply with Regulations in Schedule "D" as it pertains to the keeping of Chickens
S. 4.39
$250.00
Owner- fail to comply with the Regulations in Schedule "E" as it pertains to the keeping of
Rabbits
S. 4.40
$250.00
Permitting a cat to run at large.
S. 4.42
$150.00
(Keep/Permit to be kept/Harbour) more than three cats on a premises
S. 4.51
$150.00
"Keep/Permit to be kept/Harbour) a litter of kittens more than once in a 12 month period
S. 4.52
$150.00
Obstructing an officer in the execution of (his/her) duties
S. 5.4
$300.00