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Consolidated Version as of March 28, 2022 - Amended by By-law Nos: 2021-
038, 2022-031
THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2018-006
A by-law to regulate the keeping of animals in the
Town of Oakville, including provisions for animal
identification, and to repeal by-law 2010-157, as
amended
WHEREAS subsection 11(2) of the Municipal Act, 2001, 2.). 2001, c.25, as amended,
(the "Municipal Act") authorizes The Corporation of the Town of Oakville to pass by-
laws regarding animals;
WHEREAS subsection 105(1) of the Municipal Act provides that if a municipality
requires the muzzling of a dog under any circumstances, the council of the
municipality shall, upon the request of the owner of the dog, hold a hearing to
determine whether or not to exempt the owner in whole or in part from the
requirement;
WHEREAS subsection 105(2) of the Municipal Act further provides that an exemption
may be granted subject to such conditions as Council considers appropriate;
WHEREAS subsection 105(3) of the Municipal Act further provides that the powers of
Council under section 105 may be delegated to a committee of Council or an Animal
Control Officer of the municipality;
WHEREAS pursuant to subsection 151(1)(g) of the Municipal Act, Council considers
it desirable to provide for a system of administrative penalties and fees as an
additional means of encouraging compliance with this by-law;
WHEREAS the Council of the Corporation of the Town of Oakville deems it advisable
to enact such a by-law,
COUNCIL ENACTS AS FOLLOWS:
1. Definitions
In this by-law, the term,
"Administrative Penalties for Non-Parking Violations and Orders
By-law" means By-law 2021-038, or successor by-laws; (By-law 2021-038)
By-Law Number: 2018-006
Page 2
"Aggressive Behaviour" means growling, snarling, lunging, biting or chasing any
person or domestic animal;
"Animal" means all species of fauna excluding humans, fish and aquatic
invertebrates;
"Animal Control Officer" means a person or class of person designated by bylaw of
the Town to enforce Town by-laws respecting animals and includes an animal control
officer employed by the Humane Society;
"At large" means to be found in any place other than the owner's property and not
under the control of any person;
"Attack" means the act or action of aggressive behaviour;
"Bite" means the breaking, puncturing or bruising of the skin of a person or a
domestic animal caused by the tooth or teeth of a dog and "bitten" has a
corresponding meaning;
"Biting dog" means a dog that, in the absence of a mitigating factor, has attacked,
bitten, or caused physical injury to a person or a domestic animal, or a dog that has
been declared vicious or a biting dog in another municipality in Ontario;
"Cat" means a feline of any breed of domesticated cat or cross-breed domesticated
cat, but does not include felines less than six weeks of age;
"Committee" means the Oakville Appeals Committee;
"Distress" means the state of being in need of proper care, water, food or shelter or
being injured, sick or in pain, suffering, or being abused or subject to undue or
unnecessary hardship, privation or neglect;
"Dog" means a canine of any breed of domesticated dog or cross-breed
domesticated dog;
"Domestic animal" means any animal kept by a person as a pet;
"Dwelling unit" means one or more habitable rooms designed for use by, and
containing separate kitchen and bathroom facilities for the private use of, one family
or person as a single non-profit housekeeping unit;
"Fee" means as set out in the Town of Oakville Annual Rates and Fees Schedule,
which is not prorated and is non-refundable;
Deleted by By-law 2021-038
By-Law Number: 2018-006
Page 3
"Humane Society" means the Oakville & Milton Humane Society or any successor
organization thereto;
"Keep" means to own, possess or harbour or to have custody of an animal, and
"keeper" has a corresponding meaning;
"Leash" means a line, rope, chain or similar device for the leading or restraining
of an animal, attached to the collar or harness worn by an animal and of sufficient
strength to lead or restrain the animal;
"Licensing By-law" means By-law No. 2015-075, being a by-law to provide for the
licensing and regulation of various business in the Town of Oakville;
"Lot" means an open space unobstructed except for lofts or cages upon which
animals are kept;
"Microchip" means an approved Canadian standard encoded identification device
implanted into an animal, which contains a unique code that permits or facilitates
access to owner information, including the name and address of the owner of the
animal;
"Mitigating factor" means a circumstance that may excuse aggressive behaviour of
a dog and, without limiting the generality of the foregoing, may include circumstances
where:
a) the dog was, at the time of the aggressive behaviour, acting in defence of an
attack by a person or aggressive animal; or
b) the dog was, at the time of the aggressive behaviour, acting in defence of its
young or reacting to a person or domestic animal trespassing without permission
or colour of right on the property of its owner;
c) the dog was, at the time of the aggressive behaviour, being teased, provoked or
tormented;
"Muzzle" means a humane fastening or covering device of adequate strength and
design and suitable to the breed of the dog, that fits over the mouth of the dog and
cannot be removed by the dog, so as to prevent the dog from biting;
"Oakville identification tag" means a tag issued by the Town, or the Humane
Society on behalf of the Town, bearing the name, address and phone number of the
Humane Society and a unique identification number assigned to an animal;
"Officer" means any person authorized by the Corporation of the Town of
Oakville to enforce by-laws and includes Animal Control Officers, Municipal Law
Enforcement Officers, Provincial offences officer and Halton Regional Police
Officers;
By-Law Number: 2018-006
Page 4
"OSPCA" means the Ontario Society for the Prevention of Cruelty to Animals;
"OSPCA Act" means The Ontario Society for the Prevention of Cruelty to
Animals Act, R.S.O. 1990, c. O. 36;
"Owner" means a person or persons who keeps an animal, and where the owner is a
minor, the person responsible for the custody of the minor;
"Owner's property" means the property owned or occupied by the owner of a dog,
and where the owner has exclusive possession of part of a building or property, that
portion of the property of which the owner has exclusive possession;
"Penalty Notice" means a notice issued pursuant to the provisions of the
Administrative Penalties for Non-Parking Violations and Orders Bylaw; (By-law 2021-
038)
"Person" includes an individual, a corporation, a partnership, and an association, and
includes a licensee or an authorized representative thereof; (By-law 2021-038)
"Police work dog" means a dog trained for and actually engaged in law enforcement
for the police or other person duly appointed as a peace officer;
"Potentially dangerous dog" means a dog that, in the absence of a mitigating
factor, approaches or chases any person or domestic animal anywhere other than on
the property of its owner, in a menacing fashion or apparent attitude of attack,
including but not limited to aggressive behaviour such as growling or snarling, or a
dog that has otherwise demonstrated a propensity or disposition to attack without
provocation, persons or domestic animals;
"Pound" means premises that are used for the detention, maintenance or disposal of
dogs or cats that have been impounded pursuant to a by-law of a municipality or the
Dog Owners' Liability Act, R.S.O. 1990, c. D.16, but does not include any premises or
part thereof, that are not used;
"Protective Care" means the temporary keeping of an animal as a result of an
eviction, incarceration, medical or fire emergency, or any other situation that the
Director of Municipal Enforcement Services or his designate deems appropriate for
the health and safety of the animal;
"Restricted Animal" means an animal of the type listed in Schedule "B";
"Screening Decision" means a decision made by a Screening Officer;
Deleted by By-law 2021-038
By-Law Number: 2018-006
Page 5
"Self-sustaining captive population" means an animal population that is viable in
captivity without further genetic influence from the wild;
"Service animal" 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 special skills dog for other persons with a disability;
"Shelter" means a structure or apparatus that will provide protection from sun, heat,
cold, wet and wind that is appropriate to the animal's size and breed allowing the
animal to turn around freely and lie in a normal position;
"Therapy animal" means an animal used in therapy, as confirmed by a medical
practitioner; and
"Town" means The Corporation of the Town of Oakville.
1.1
INTERPRETATION (By-law 2021-038)
(1)
This By-law is a Designated By-law under the Administrative Penalties for
Non-Parking Violations and Orders By-law.
2.
KEEPING ANIMALS
1)
Every person who keeps one or more animals shall be responsible to see that
the lands and premises upon which the animal or animals are kept are
maintained in a sanitary condition and that droppings are not allowed to
accumulate and are disposed of in a fashion, which will not create a nuisance
or a health hazard. This provision is in addition to further requirements relating
to specific types of animals contained elsewhere in this by-law.
2)
Every person, including those licensed under the provisions of the Licensing
By-law, who keeps one or more animals within the Town shall comply with the
provisions of this by-law and the standards of care prescribed under OSPCA
Act and the regulations thereunder.
3.
LICENCES
1)
A person shall apply for a dog licence and pay the fee within 7 days of the
later of:
a) becoming an owner of a dog required to be licensed under this by-law,
or
b) becoming a resident of the Town if already an owner of a dog required to
be licensed under this by-law.
By-Law Number: 2018-006
Page 6
2)
Licences shall be good for one year (12 Month - not calendar year) from the
date of issuance and must be renewed annually before expiration.
3)
Where an owner obtains a licence for a dog under this by-law, the owner will
be issued an Oakville identification tag. Every dog licensed under this by-law
shall have their Oakville identification tag securely attached to the dog at all
times.
4)
No person shall place an Oakville identification tag upon any dog other than
the dog for which it was obtained.
5)
Every owner shall notify the Humane Society upon licensing of any order
placed upon their dog in any other municipality.
6)
No owner of a dog shall provide any false information to the Town in obtaining
or renewing a dog licence.
4.
DOGS & CATS - GENERAL
1)
The owner of every dog shall cause the dog to be licensed under this by-law.
2)
Notwithstanding section 4 (3), no person shall keep or permit to be kept on
any one premises owned or occupied by them more than three (3) dogs of an
age in excess of six (6) months.
3)
No person shall keep or permit to be kept on any one premises owned or
occupied by them more than any combination of six (6) dogs of an age in
excess of six (6) months or cats in excess of three (3) months. This restriction
does not apply to:
a) the operator of a pet shop licensed under the Licensing By-law;
b) the operator of a boarding kennel licensed under the Licensing Bylaw;
c) a person approved by the Humane Society or the Lions Foundation/Guide
Dogs Canada as the owner of a foster home wherein one or more dogs or
cats may be temporarily fostered; or
d) an educational facility where animals are being kept for study, research or
teaching purposes in conjunction with and under the direct sponsorship of
a school board or the Ministry of Education
4)
Every owner of a cat shall ensure his or her cat is identified by:
a) a collar on which the owner's name and address are permanently
inscribed;
b) a Microchip; or
c) a Humane Society cat tag.
By-Law Number: 2018-006
Page 7
5.
STANDARDS OF CARE
1)
No owner shall;
a) fail to provide adequate shelter if an animal other than a domestic farm
animal is kept outside of the owner's premises;
b) cause distress to an animal;
c) permit an animal to be kept in a cage, tank or pen where the animal is not
able to:
i. stand, sit and lie in a fully extended position
d) keep an animal tethered on a rope, chain, cord or similar device
unless:
i. the tether is a minimum of three (3) meters in length;
ii. the animal has unrestricted movement within the range of such
tether;
iii. the animal has access to water and shelter while tethered;
2)
Every owner shall provide an animal with adequate and appropriate;
a) space to enable the animal to move naturally and to exercise;
b) protection from the elements, including harmful temperatures;
c) food;
d) water;
e) sanitary conditions;
f) care necessary for its general welfare;
g) ventilation when in an enclosed space; and
h) light.
6.
ANIMALS AT LARGE /TRESPASS
1)
No owner of an animal shall allow his/her animal to be at large in the Town.
2)
When not on the Owner's property, or when in a public place or on private
property without the consent of the property owner, every owner shall ensure
that a dog is on a leash and under the control of a person who has sufficient
strength and ability to maintain control of the dog at all times.
3)
A dog shall not be considered to be at large if the dog is within a designated
"leash free zone" within the Town and the owner or keeper of the dog has
accompanied the dog to the 'leash free zone".
4)
No person shall bring more than two (2) dogs into a designated "leash free
zone" at the same time.
By-Law Number: 2018-006
Page 8
5)
An Animal Control Officer may capture and take into custody an animal that is
at large or trespassing upon the property.
6)
Any person may humanely capture an animal found:
a) running at large and trespassing on his or her property, or
b)
running at large on public property,
and deliver the animal to the custody of an Animal Control Officer.
7.
DOGS - FOULING OF PROPERTY
1)
The owner and keeper of every dog shall forthwith remove, or cause to be
removed, any excrement left by the dog on land within the Town of Oakville.
The owner or keeper shall dispose of the excrement in a proper refuse
receptacle.
2)
Every person who owns or keeps a dog shall remove from his or her premises,
in a timely manner, excrement left by such dog so as not to disturb the
enjoyment, comfort, convenience of any person in the vicinity of the premises.
3)
Section 7 (1) does not apply to:
a)
a handler of a service dog, where the handler is unable to remove the
excrement left by such dog due to physical disability or impediment; or
b)
a blind or visually impaired handler of a service dog if the excrement was
left while the dog was off the premises.
8.
PROTECTIVE CARE
1)
An Animal Control Officer may receive an animal for the purpose of providing
protective care at any time, when it has been deemed necessary to provide
protective care to the animal.
2)
The Humane Society shall keep a record of every animal taken into protective
care, including;
a)
the date and reason the animal was taken into protective care;
b)
a description of the animal;
c)
if applicable, the particulars of the Oakville identification tag for the
animal;
d)
the date of disposition; and
e)
the disposition made with respect to the animal.
3)
Any animal seized for the purpose of providing protective care shall be
sheltered for a maximum period of ten (10) days, exclusive of the day the
By-Law Number: 2018-006
Page 9
animal was taken into protective care, statutory holidays and Sundays, unless
the animal is redeemed during this period or is euthanized for humane reasons.
4)
Where an animal is sheltered for protective care the following shall be paid to
the Humane Society prior to the release of the animal;
i. a per diem sheltering fee; and
ii. veterinarian costs incurred with respect to the animal.
5)
A protective care notice shall be posted at least 48 hours prior to the sale or
disposal or euthanasia of an animal unless for humane reasons.
6)
The Humane Society shall contact 3 separate rescue organizations as
practicable to shelter an animal prior to the euthanasia of such animal other
than for humane reasons.
7)
Where the animal is not claimed by its owner at the end of the ten (10) day
protective care period, in accordance with section 8(4), the animal may be sold
forthwith, disposed of, or euthanized.
8)
No person shall retrieve an animal in protective care without payment of the
expenses in full referred to in section 8(4).
9.
PROHIBITED ANIMALS
1)
The keeping, either on a temporary or permanent basis, of any animal of a
kind listed in Schedule "A" to this by-law anywhere in the Town is hereby
prohibited.
2)
Except pursuant to section 14, no person shall keep any domestic fowl
anywhere within the Town.
3)
Subject to the provisions of this by-law, animals of kinds not listed in Schedule
"A" may be kept within the Town.
4)
Subsection 9(1) does not apply to a therapy animal.
10.
RESTRICTED ANIMALS
1)
No person shall keep more than two restricted animals within the Town.
2)
No person shall keep, or permit to be kept, more than two restricted animals in
or about any dwelling unit within the Town
.
3)
No person shall keep any restricted animal unless:
By-Law Number: 2018-006
Page 10
a) every restricted animal is housed in a separate cage, unless of the same
gender and compatible;
b) each cage is tamper-proof and escape-proof; in the case of a rabbit or
ferret, the floor of each cage is galvanized wire mesh which shall be
smooth and free of protrusions and the grid of which is small enough to
prevent the animal's feet from falling through the openings;
c) in the case of a rabbit or ferret, the floor of each cage is galvanized wire
mesh which shall be smooth and free of protrusions and the grid of which
is small enough to prevent the animal's feet from falling through the
openings;
d) in the case or a rabbit or ferret, each cage allows at least 0.557 m2 (6
square feet) of space for the animal;
e) each cage is protected from the elements;
f) each cage is kept in a clean and sanitary condition and animal droppings
are not allowed to accumulate and are removed promptly;
and
g) every adult female ferret is spayed and every adult male ferret is neutered.
11.
Impounded Animals
1)
The Humane Society is appointed as pound keeper for the purposes of this
bylaw.
2)
Where an Animal Control Officer captures and takes into custody an animal
running at large or has a captured animal delivered to him or her, the Animal
Control Officers may in his or her discretion:
a) deliver the animal to the Humane Society; or
b) release the animal to its owner; or
c) if the animal is diseased, injured or vicious, euthanize the animal.
3)
The Humane Society shall keep a record of every animal impounded,
including:
a) the date it was impounded;
b) a description of the animal;
c) if applicable, the particulars of the Oakville identification tag for the
animal;
d) the date of disposition; and
e) the disposition made with respect to the animal.
4)
Where an animal is impounded for being at large or trespassing upon
property, the owner of the animal shall pay to the Humane Society
reimbursement of its expenses with respect to the animal including:
By-Law Number: 2018-006
Page 11
a) the fee of taking the animal into custody,
b) the fee for daily expenses of the Humane Society for the care of the
animal;
c) veterinarian costs incurred with respect to the animal; and
d) costs incurred under section 11(9) for having the animal spayed,
neutered or implanted with a microchip.
5)
No person shall retrieve an impounded animal from the Humane Society
without payment of the expenses in full referred to in section 11(4).
6)
Every owner shall retrieve the impounded animal from the Humane Society
within three (3) days of the day on which the animal was impounded,
excluding the day of impounding and any statutory holidays.
7)
Where an animal is not claimed by its owner in accordance with section 11(6)
the animal may be sold forthwith or disposed of or euthanized.
8)
Notwithstanding sections 11(6) and 11(7), where an animal bears identification
in accordance with this by-law, the Humane Society shall make at least one
attempt to contact the owner in accordance with the information provided prior
to selling or otherwise disposing of the animal.
9)
Upon becoming entitled to sell or dispose of an animal, the Humane Society
may, in its discretion, arrange to have the animal spayed or neutered and/or
identified by means of a microchip and the cost of these services shall be
added to the costs recoverable from the owner pursuant to section 11(4).
10)
Where an animal is injured or diseased before or after being taken into
custody such that in the opinion of the Humane Society it should be
euthanized without delay for humane reasons or for reasons of safety to
persons or animals, the Humane Society may euthanize the animal in a
humane manner without giving notice to the owner or permitting any person to
reclaim the animal or offering it for sale.
11)
Where a dog has been impounded and it has been alleged that the dog has
bitten or attacked a person or domestic animal and proceedings have been
commenced against the owner of the dog under the Dog Owners' Liability Act,
the Humane Society may hold the dog until the matter has been finally
disposed of and will release the dog only in such manner and to such person
as will ensure that the decision, if any, with respect to such matters will be
complied with. Where the final disposition results in a court order under the
Dog Owners' Liability Act, the owner of the dog shall pay the costs set out in
this by-law for the time for which the dog has been impounded regardless of
whether or not the dog is released to the owner.
By-Law Number: 2018-006
Page 12
12)
An impounded animal not wearing an Oakville identification tag for the current
year may be given an inoculation to provide temporary immunization against
common diseases, at the owner's expense.
13)
Where the Humane Society is entitled to sell or dispose of an animal and
receives proceeds for the disposition, the proceeds of disposition shall be
applied as follows:
a) to the fee of taking the animal into custody;
b) the fee for daily expenses of the Humane Society for the care of the
animal;
c) veterinarian costs incurred with respect to the animal;
d) costs incurred under section 11(9) for having the animal spayed,
neutered or implanted with a microchip;
e) the costs of any damage caused by the animal in trespassing or being at
large on the property of someone other than the owner; and
f) the residue, if any, to the owner if known, otherwise to the Treasurer of the
Town to be added to the general revenue of the Town.
12.
DOGS - BITING
1)
No person shall permit a dog to bite or attack any person or domestic animal.
2)
Where an Animal Control Officer has reason to believe that a dog is a biting
dog, the Animal Control Officer may issue and serve upon the owner an
Animal Control Order declaring the dog to be a biting dog.
3)
An Animal Control Order declaring a dog to be a biting dog shall set out such
measures as are required by the owner of the dog to take in respect of such
dog, which shall include the following requirements:
a) The owner shall, when the dog is not securely inside the owner's dwelling
but is otherwise on the owner's property, at all times keep the dog
securely restrained in one of the following manners so as to prevent the
dog from escaping and to prevent the dog from biting or causing injury to
any person or domestic animal entering onto the owner's property:
i.
The dog shall be located within a securely fenced rear or side yard
where the fence is of sufficient dimension and design to prevent the
dog from escaping from the yard, and any gate in such fenced yard
shall be locked at all times when the dog is in the fenced yard; or
ii. The dog shall be located in a rear or side yard within a fully enclosed
pen or run of sufficient dimension, design and strength to be humane
and to prevent the dog from digging its way out of or otherwise
escaping from the enclosed pen or run; or
By-Law Number: 2018-006
Page 13
iii. The dog shall be muzzled so as to prevent it from biting a person or
domestic animal and securely restrained within a rear or side yard by
means of a leash or chain to prevent the dog from escaping from the
yard.
b)
The dog shall not be kept in the front yard of the owner's property.
c)
The owner shall securely attach a muzzle to the dog at all times when the
dog is in any place other than the owner's property.
d)
The owner shall keep the dog under the physical control of a person
eighteen (18) years of age or older by means of a non-retractable leash
with a maximum length of two (2) metres held by the said person at all
times when the dog is in any place other than the owner's property.
e)
The owner shall at the owner's expense have a microchip implanted in
the dog, and proof of the implantation shall be supplied in writing to the
Animal Control Officer within thirty (30) days of the issuance of the
Animal Control Order, or on appeal, within thirty (30) days of the date of
the Committee's decision, unless the Committee exempts the owner of
this requirement.
f)
The owner shall provide to the Animal Control Officer a copy of all
immunization records of the dog within forty-eight (48) hours of service of
the Animal Control Order.
g)
The owner shall notify the Animal Control Officer within forty-eight (48)
hours of any changes to the residency or ownership of the Dog.
h)
The owner shall notify the Animal Control Officer within forty-eight (48)
hours of the death of the Dog.
i)
The owner shall affix a biting dog identification tag provided by the
Humane Society to the collar of the biting dog at all times.
4)
Where an Animal Control Officer has reason to believe that a dog is a
potentially dangerous dog, the Animal Control Officer may issue and serve
upon the owner an Animal Control Order declaring the dog to be a potentially
dangerous dog.
5)
An Animal Control Order declaring a dog to be a potentially dangerous dog
shall set out such measures as are required by the owner of the dog to take in
respect of such dog, which may include all or some of the requirements set out
in section 3.
By-Law Number: 2018-006
Page 14
6)
Every Animal Control Order shall include a statement advising the owner of
the dog of the ability to make application for a hearing before the Committee in
accordance with the provisions of this by-law.
7)
Unless varied by the Committee on an appeal, a requirement of an Animal
Control Order is that the owner shall keep the dog leashed at all times when
the dog is any place other than the owner's property. This shall apply to and
be deemed to include all areas in the Town that may, from time to time, be
designated as leash-free zones.
8)
An Animal Control Order may be served on the owner personally by handing it
to the owner, but where the Animal Control Order cannot be given or served
by reason of the owner's absence from the owner's property or by reason of
evasion of service, the Animal Control Order may be given or served:
a) by handing it to an apparently adult person on the owner's property;
b) by posting it in a conspicuous place upon some part of the owner's
property and by sending a copy by ordinary mail; or
c) by sending it by prepaid registered mail to the owner at the address
where he or she resides.
9)
An owner of a dog may apply for and is entitled to a hearing before the
Committee in respect of an Animal Control Order, provided the application for
a hearing is made in writing and delivered to the Town Clerk within thirty (30)
days after the Animal Control Order has been served.
10)
An Animal Control Order takes effect when it is served on the person to whom
it is directed, and remains fully in effect unless it has been varied by the
Committee.
11)
An application by the owner of a dog for a hearing under this by-law does not
act as a stay of any requirement imposed by an Animal Control Order.
12)
Upon receipt of an application for a hearing pursuant to the provisions of this
by-law, the Town Clerk shall convene a meeting of the Committee and shall
give the owner of the dog at least seven (7) days written notice of the hearing.
13)
The Committee may:
a) confirm, vary, or reverse the declaration in an Animal Control Order that
the subject Dog is a Biting dog or a potentially dangerous dog, as the case
may be; or
b) confirm or vary any of the requirements of an Animal Control Order as the
Committee considers appropriate; or
By-Law Number: 2018-006
Page 15
c) exempt the owner of the Dog in whole or in part from any of the
requirements of an Animal Control Order, subject to such terms and
conditions as the Committee considers appropriate; or
d) Impose conditions which, if fulfilled to the satisfaction of the Committee,
will permit the Committee in its sole discretion to vary or exempt the owner
from some or all of the terms or restrictions in the Animal Control Order; or
e) combine any confirmation, variance, condition, or exemption of any of the
requirements in an Animal Control Order as the Committee considers
appropriate.
14)
Any notice or document that has been served pursuant to the provisions of this
by-law by prepaid registered mail shall be deemed to have been received by
the person to whom it is addressed on the fifth (5th) day after the day it is
mailed.
15)
No person shall:
a) fail to comply with an Animal Control Order;
b) fail to restrain a dog that is required to be restrained pursuant to an
Animal Control Order;
c) fail to muzzle a dog that is required to be muzzled pursuant to an
Animal Control Order;
d) fail to leash a dog that is required to be leashed pursuant to an Animal
Control Order;
e) fail to microchip a dog that is required to be microchipped pursuant to an
Animal Control Order;
16)
Any dog that has been deemed a vicious or biting dog under a previous bylaw
of the Town, even where such by-law has been repealed, shall be deemed to
be a biting dog under this by-law and shall continue to be subject to the terms
of any restraining or control order in effect at the time of the passing of this by-
law.
13.
PIGEONS
1)
No person shall keep more than one pigeon unless the person provides or
maintains suitable lofts or cages and unless the person is a member in good
standing of a recognized pigeon club which club has, as its sole objects,
racing or showing pigeons.
2)
No person shall keep pigeons for consumption as food.
3)
No person shall keep more pigeons than would be permitted by the most
restrictive of the following provisions:
By-Law Number: 2018-006
Page 16
a) one pigeon for every 0.185 m2 (2 sq ft) of loft area;
b) one pigeon for every 0.093 m2 (1 sq ft) of cage area;
c) one pigeon for every 9.290 m2 (100 sq ft) of lot area; or
d) sixty pigeons in total.
4)
No owner or keeper of pigeons and no person upon whose land pigeons are
kept shall permit the pigeons owned or kept to perch, nest, stray or feed upon
any land other than the owner's land, but nothing in this section prohibits the
exercising or racing of pigeons if done under the control of a competent
person.
5)
Every person who keeps pigeons shall be responsible to have suspected
infectious diseases diagnosed promptly by a qualified veterinarian, and, if the
presence of infectious disease is confirmed, to forthwith notify the Halton
Health Unit.
6)
Every loft and cage and every building and structure used for keeping pigeons
shall be so constructed as to be airy, dry and light. Every such building and
structure shall be lime washed or painted on the inside at least once every
year and the exterior shall be maintained in compliance with the regulations for
structures set out in the Town of Oakville Property Standards By-law 2007-
100.
14.
EXEMPTIONS
1)
Nothing in this by-law shall apply to prohibit the keeping of an animal in the
following places or circumstances:
a) in a veterinary hospital under the care of a licensed veterinarian;
b) in a public pound;
c) by the OSPCA; or
d) by the Humane Society.
e) within educational facilities where animals are being kept for study,
research or teaching purposes in conjunction with and under the direct
sponsorship of a school board or the Ministry of Education.
2)
This by-law does not apply to a police work dog actually engaged in law
enforcement for the Halton Regional Police Services or other law enforcement
agency.
3)
This by-law does not apply to a service animal with the exception of Section 5
Humane Care.
By-Law Number: 2018-006
Page 17
4)
Sections 9(1) (insofar as it applies to artiodactyla, perissodactyla,
anseriformes, galliformes and struthionformes) and 9(2) do not apply to an
agricultural use within an agricultural zone as established by the Town of
Oakville Zoning By-laws.
5)
Provided that the person is in compliance with all terms and conditions of his
or her licence under the Licensing By-law, persons licensed under the Animals
for Entertainment provisions of the Licensing By-law may own or keep animals
prohibited by section 9 of this by-law. The other provisions of this by-law apply,
if applicable, to the owning and keeping of such animals within the Town.
15.
ORDERS
(1)
Where an Officer has reasonable grounds to believe that a contravention of
this By-law has occurred, the Officer may issue an order to the person
contravening this By-law in accordance with the provisions of the
Administrative Penalties for Non-Parking Violations and Orders By-law. (By-
law 2021-038)
2)
Any Person who contravenes an order under section 15(1) of this by-law is
guilty of an offence.
3)
Deleted by By-law 2021-038
16.
ADMINISTRATIVE PENALTIES
(1)
An Officer who finds or has reasonable cause to believe that a person has
contravened any provision of this By-law, including any Schedules, may issue
a penalty notice to the person. (By-law 2021-038)
(2)
Each person who has been issued a penalty notice shall, upon issuance of the
penalty notice, be liable to pay an administrative penalty to the Town in the
amount of $300 or as revised in the Town's rates and fees schedule. (By-law
2021-038)
(3)
If an Officer has issued a penalty notice under subsection 16(1) of this By-law
and has reasonable cause to believe that the same person has contravened
the same provisions of this By-law, including any Schedules, for a second time
within twenty-four (24) months of the date the first penalty notice is deemed to
be served, the Officer may issue a second penalty notice to the person. (By-
law 2021-038)
(4)
Upon issuance of the second penalty notice, the person shall be liable to pay
an administrative penalty to the Town in the amount of $400 or as revised in
the Town's rates and fees schedule. (By-law 2021-038)
By-Law Number: 2018-006
Page 18
(5)
If an Officer has issued a penalty notice under subsection 16(3) of this By-law
and has reasonable cause to believe that the same person has contravened
the same provision of this By-law, including any Schedules, for a third or
subsequent time within twenty-four (24) months of the date the second penalty
notice is deemed to be served, the Officer may issue a third or subsequent
penalty notice to the person. (By-law 2021-038)
(6)
Upon issuance of a third or subsequent penalty notice, the person shall be
liable to pay an administrative penalty to the Town in the amount of $500 or as
revised in the Town's rates and fees schedule. (By-law 2021-038)
(6.1) A person who has been issued a penalty notice under this By-law may request
a review of the penalty notice in accordance with the Administrative Penalties
for Non-Parking Violations and Orders By-law. (By-law 2022-031)
16(7) to 16(21) deleted by By-law 2021-038
17.
SERVICE OF NOTICE AND ORDERS
(1)
Service of any penalty notice, order, or any other notice may be given as
specified in the Administrative Penalties for Non-Parking Violations and Orders
By-law. (By-law 2021-038)
2)
Deleted by By-law 2021-038
18.
ENFORCEMENT
1)
This by-law may be enforced by officers and an inspector or agent authorized
by the OSPCA under the provisions of the OSPCA Act.
2)
No person shall hinder, obstruct, delay, or attempt to hinder, obstruct or delay
any officer or person who is exercising a power or performing a duty under this
by-law.
19.
PENALTIES
1)
Every person who contravenes any of the provisions of this by-law, including
those contained in any of the Schedules and every director of a corporation
who concurs in such contravention by the corporation is guilty of an offence
and on conviction liable to a fine not exceeding $25,000 for the first offence
and $50,000 for any subsequent offence.
By-Law Number: 2018-006
Page 19
2)
Where a corporation is convicted of an offence under this by-law, the
maximum penalty is $50,000 for a first offence and $100,000 for any
subsequent offence.
20.
REPEAL
1)
The following by-laws as may have been amended, are repealed on the day
this by-law comes in to force and effect: 2010-157, 2013-109 and 2012-091.
2)
Any reference to a by-law number repealed by this by-law in any document
shall be deemed to be a reference to this by-law.
3)
Any order or charge issued under by-law 2010-157 shall remain in full force
and effect, notwithstanding that by-law 2010-157 is hereby repealed, and all
such orders or charges may be enforced or acted upon by the Town as if they
were made under this by-law
21.
MISCELLANEOUS
1)
References in this by-law to any legislation or by-law means as may be
amended or replaced from time to time, and include any regulations
thereunder.
2)
The schedules attached to this by-law shall form part of the by-law.
3)
This by-law comes into force and effect on June 4th, 2018.
22.
SEVERABILITY
In the event any provision of this by-law is deemed invalid or void, in whole or in part,
by any court of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect unless the court makes an order to the contrary.
23. TITLE
This by-law may be known as the "Animal Control By-law."
PASSED this 3rd day of April, 2018.
______________________________ ____________________________
Rob Burton MAYOR
Vicki Tytaneck CLERK
By-Law Number: 2018-006
Page 20
SCHEDULE "A"
PROHBITED ANIMALS
CLASS
ORDER
COMMON NAMES
Mammals
Artiodactyla
Such as cattle, goats, sheep, pigs, deer, elk
Mammals
Canidae
Such as coyotes, wolves, foxes, hybrid wolf dogs
(except dogs)
Mammals
Chiroptera
Such as bats, fruit bats, myotis, flying foxes
Mammals
Edentates
Such as anteaters, sloths, armadillos
Mammals
Felidae
Such as tigers, leopards, cougars, lions, lynx (except
domestic cats)
Mammals
Hyaenidae
Such as hyaenas
Mammals
Lagomorpha
Such as hares, pikas (except domestic rabbits)
Mammals
Marsupialia
Such as koalas, kangaroos, possums, wallabies
(except sugar gliders derived from self-sustaining
captive population)
Mammals
Mustelidae
Such as mink, skunks, weasels, otters, badgers (except
ferrets)
Mammals
Primates
Such as chimpanzees, gorillas, monkeys, lemurs
Mammals
Perissodactyla
Such as horses, donkeys, jackasses, mules, zebras,
Ponies
Mammals
Proboscidea
Such as elephants, rhinoceros, hippopotamus
Mammals
Procyonidae
Such as coatimundi, cacomistles, raccoons
Mammals
Rodentia
Such as porcupines, prairie dogs, nutria, (except
rodents such as chinchillas, hamsters and guinea
pigs which do not exceed 1,500 grams and are
derived from a self-sustaining captive population)
Mammals
Ursidae
Such as bears
Mammals
Viverridae
Such as mongoose, civets, genets
Reptiles
Crocodylia
Such as alligators, crocodiles, gavials, caimans
Reptiles
Squamata
Lizards that are venomous or that reach an adult length
larger than 2 metres (6.56 feet)
Snakes that are venomous
Snakes that reach an adult length greater than 3
metres (9.84 ft)
Reptiles
Testudines
Such as terrapins, tortoises, turtles (except turtles
derived from a self-sustaining captive population)
Birds
Anseriformes
Such as ducks, geese, swans, screamers
Birds
Galliformes
Such as pheasants, grouse, guinea fowl, turkeys,
chickens, pea fowl
Birds
Struthioniformes
Such as ostriches, rheas, cassowaries, emus, kiwis
Birds
Raptors
Such as eagles, hawks, falcons, owls
Other
All venomous or poisonous insects and amphibians
By-Law Number: 2018-006
Page 21
SCHEDULE "B"
RESTRICTED ANIMALS
The following are restricted animals for purposes of this by-law:
(a) mice;
(b) rabbits;
(c) gerbils;
(d) ferrets;
(e) hamsters;
(f) guinea pigs; and
(g) other rodentia which do not exceed 1500 grams and are derived from a self-
sustaining captive population