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The Corporation of the Town of Pelham
By-law No. 69-2024
Being a By-law to regulate animal care and control in
the Town of Pelham and repeal By-law Nos. 462(1978),
1450(1992), 97-2010, 2174(2000), 2254(2001) and
3448(2013).
WHEREAS section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal
Act, 2001" or "the statute") provides that the powers of a municipality under
the statute or any other Act shall be interpreted broadly so as to confer broad
authority on the municipality to enable the municipality to govern its affairs
as it considers appropriate and to enhance the municipality's ability to
respond to municipal issues;
AND WHEREAS section 8 of the Municipal Act, 2001 further provides that a
by-law under section 11 of the statute may provide for a system of licences;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a
municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under the statute or any
other Act;
AND WHEREAS section 11 of the Municipal Act, 2001 provides that a lower-
tier municipality has the authority to pass by-laws respecting the economic,
social and environmental well-being of the municipality, the health, safety
and well-being of persons and property, and by-laws respecting animals;
AND WHEREAS section 103 of the Municipal Act, 2001 provides that a
municipality may pass by-laws providing for the seizure, impoundment and
sale of animals found trespassing or at large;
AND WHEREAS section 105 of the Municipal Act, 2001 provides that where a
municipality requires the muzzling of a dog, it shall hold a hearing in relation
to the muzzle requirement at the request of the dog owner;
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a lower-
tier municipality may prohibit and regulate with respect to public nuisances;
AND WHEREAS section 391 of the Municipal Act, 2001 authorizes a
municipality to impose fees and charges on persons for services or activities
provided or done by or on behalf of the municipality;
AND WHEREAS sections 425 and 429 of the Municipal Act, 2001 authorize a
municipality to create offences for the contravention of its by-laws and to
establish a system of fines for offences under its by-laws;
AND WHEREAS section 434.1 of the Municipal Act, 2001 authorizes a
municipality to establish a system of administrative monetary penalties to
assist the municipality in promoting compliance with its by-laws;
AND WHEREAS section 436 of the Municipal Act, 2001 provides that a
municipality may pass by-laws providing that the municipality may enter on
land at any reasonable time for the purpose of carrying out an inspection to
determine compliance with a by-law, direction or order of the municipality;
Page 1 of 16
AND WHEREAS section 444 of the Municipal Act, 2001 provides that where a
municipality is satisfied that a by-law contravention has occurred, it may
make an order requiring the person who caused or permitted the by-law
contravention or the owner or occupier of the land on which the contravention
occurred to discontinue the contravening activity;
AND WHEREAS the Council of the Corporation of the Town of Pelham deems
it necessary and desirable to regulate the care and control of animals in the
Town of Pelham and to enact this By-law for that purpose;
NOW THEREFORE the Council of the Corporation of the Town of Pelham
enacts as follows:
1. Purpose
1.1. The purpose of this By-law is to regulate the care and control of
animals in the Town of Pelham to protect and promote the health,
safety and well-being of the municipality and its residents.
2. Definitions
2.1. In this By-law:
"Administrative Penalty" means an Administrative Penalty issued
pursuant to Town of Pelham Administrative Penalty Process By-law for
Non-Parking By-laws No. 68-2023, as amended from time to time.
"Agricultural Operation" means an agricultural operation as defined in
the Farming and Food Production Protection Act, 1998, S.O. 1998, c. C.1.
"Animal" means any member of the animal kingdom other than a
human and includes Cats, Dogs and Livestock as defined in this By-law.
"Animal Owner" means the Person that owns an Animal.
"Applicable Law" means all applicable by-laws of the Town and Niagara
Region and all applicable provincial and federal statutes and regulations.
"At Large" means an Animal being at any place other than Property of
which the Animal Owner or other Person that is Keeping the Animal is an
Owner or Occupant and not under Control by the Animal Owner or other
Person that is Keeping the Animal.
"Attack" means physical contact, other than accidental contact, by a
Dog that results in physical injury or death to a Person or Domesticated
Animal or damage to clothing worn by a Person and "Attacks" and
"Attacked" have corresponding meanings.
"Bite" means a wound to the skin of a Person or Domesticated Animal
that is caused by the teeth of a Dog and that results in a puncture or
skin breakage and "Bites" and "Bitten" have corresponding meanings.
"By-law Enforcement Officer" means a by-law enforcement officer of
the Town and includes the Director.
"Cat" means a Domesticated Animal in the Felidae (feline) family.
"Clerk" means the Clerk of the Town or designate.
Page 2 of 16
"Control" means the physical restraint or confinement of an Animal by a
Person by way of a secure enclosure on Private Property, a fixed tether
on Private Property between two (2) and eight (8) metres in length that
confines the Animal to the Private Property, or a leash not exceeding two
(2) metres in length, and does not include sound or voice commands.
"Council" means the Council of the Town.
"Dangerous Dog" means a Dog with any of the behaviours or attributes
set out in subsection 9.1 of this By-law.
"Director" means the Director of Fire and By-law Services of the Town
or designate.
"Dog" means a Domesticated Animal in the Canidae (canine) family.
"Dog Licence" means a licence issued under this By-law to the Animal
Owner of a Dog.
"Domesticated Animal" means an Animal of a species that has been
adapted over time from a wild or natural state to a tame condition such
that it lives in close association with and/or to the benefit of humans.
"Enforcement Authority" means the Director, a By-law Enforcement
Officer, and any Person appointed or otherwise delegated the authority
to administer and enforce this By-law.
"Fees and Charges By-law" means Town of Pelham By-law No. 4411
(2022), as updated or amended from time to time.
"Keep" means the ownership, possession or harbouring of an Animal by
any Person and "Keeping" and "Kept" have corresponding meanings.
"Kennel" means a Kennel as defined in the Zoning By-law.
"Kennel Licence" means a licence issued under this By-law to a Person
that operates a Kennel.
"Livestock" means Livestock as defined in the Zoning By-law.
"Muzzle" means a humane fastening or covering device placed over the
mouth of a Dog that does not interfere with the Dog's ability to breathe,
drink or see when fitted and fastened over the mouth of the Dog, and
that is of sufficient strength to prevent Bites.
"Muzzle Order" means a Notice to Muzzle or Order to Muzzle issued to
the Animal Owner of a Dangerous Dog.
"Niagara Region" means the Regional Municipality of Niagara.
"Occupant" means a Person that lawfully occupies Property and
includes Owners and lessees.
"Order" means an Order issued to a Person under this By-law and
includes a Muzzle Order.
"Owner" means the registered owner of Property.
"Person" means an individual, corporation, partnership or association.
Page 3 of 16
"Pound" means premises that are used for the detention, maintenance
or disposal of Animals that are seized pursuant to this By-law and that
are operated in accordance with the Animals for Research Act, 1990, c.
A.22 and operated in accordance with its regulations.
"Poundkeeper" means the Person that acts as poundkeeper for the
Town pursuant to the Pounds Act, R.S.O. 1990, c. P. 17.
"Private Property" means Property Owned by a Person other than the
Town, Niagara Region, the Province of Ontario or Canada.
"Prohibited Animal" means an Animal listed in Schedule "A", which is
appended hereto and forms part of this By-law.
"Property" means any land or premises within the Town.
"Provocation" when used in reference to an Attack or Bite means any
abuse, assault, tormenting, unwanted physical contact or similar conduct
by the Person or Domestic Animal that sustained the Attack or Bite.
"Public Property" means Property under the ownership or jurisdiction
of the Town, Niagara Region, the Province of Ontario or Canada.
"Town" means the Corporation of the Town of Pelham or the geographic
area of the municipality, as the context requires.
"Wild Animal" means an Animal that is not a Domesticated Animal and
for which the natural habitat includes the Town.
"Zoning By-law" means Town of Pelham Comprehensive Zoning By-law
No. 4481(2022), as enacted and amended from time to time.
3. General Prohibition
3.1. No Person shall Keep any Animal or cause or permit any Animal to
be Kept except in accordance with this By-law and Applicable Law.
4. Animal Keeping Prohibitions
4.1. No Person shall Keep a Prohibited Animal or cause or permit a
Prohibited Animal to be Kept.
4.2. Notwithstanding subsection 4.1 of this By-law, any Person who,
on the date this By-law comes into effect, was lawfully Keeping a
Prohibited Animal, is permitted to Keep the Prohibited Animal for
the remainder of the natural life of the Prohibited Animal, subject
to the following conditions:
(a) the Animal Owner registers the Prohibited Animal with the
Town by submitting written confirmation of the species of
the Prohibited Animal, its approximate age and anticipated
lifespan, the Property where the Prohibited Animal is Kept,
and contact particulars for the Animal Owner;
(b) the Prohibited Animal is confined to the Property where it is
located except for necessary veterinary visits;
(c) the Prohibited Animal is not displayed to the public;
(d) the Prohibited Animal is not permitted to breed or reproduce;
(e) the Prohibited Animal is Kept in an environment appropriate
for the species as determined by an Enforcement Authority;
(f) the Prohibited Animal is Kept in an enclosure appropriate for
the species;
Page 4 of 16
(g) where the Prohibited Animal is a constrictor or a venomous
reptile, it is Kept in an enclosure made of wood, fiberglass,
plastic or metal that is situated inside a building and in an
area of the building that is locked and secure;
(h) where the Prohibited Animal is a venomous reptile, the
Animal Owner supplies antitoxins, if any, to the nearest
hospital or urgent care clinic; and
(i) where the Prohibited Animal is a large undomesticated cat,
it is Kept in an enclosure made of heavy gauge chain link
fence three (3) to four (4) metres high and a fully enclosed
top, which shall be surrounded by a second chain link fence
two (2) metres outside the enclosure and not less than two
(2) metres high, and equipped with warning signage on the
outer fence that is visible to any Person approaching the
enclosure.
4.3. |The Person seeking to rely on the exemption set out in subsection
4.2 of this By-law bears the onus of establishing the exemption to
the satisfaction of the Town.
4.4. No Person shall Keep any Wild Animal or cause or permit a Wild
Animal to be Kept on Private Property.
4.5. No Person shall remove any Wild Animal or cause or permit the
removal of any Wild Animal from Public Property unless the said
removal is authorized by the Town and conducted in a humane
and appropriate manner.
4.6. Notwithstanding subsections 4.4 and 4.5 of this By-law, where a
Person finds a Wild Animal that is ill, injured or unable to fend for
itself, the Person shall notify the Town as soon as possible and
may Keep the Wild Animal until such time as it is surrendered to
the Town or such other agency or facility as the Town may direct.
4.7. No Person shall Keep any Livestock on Private Property unless the
Private Property is zoned to permit the Keeping of Livestock under
the Zoning By-law or is permitted under Town of Pelham Backyard
Hens By-law No. 44-2023.
4.8. Subsections 4.1, 4.4 and 4.7 of this By-law do not apply to
Animals that are Kept:
(a) by the Town;
(b) ata facility registered under the Animals for Research Act,
R.S.O. 1990, c. A.22;
(c) ata veterinary facility accredited under the Veterinarians
Act, R.S.O. 1990, c. V.3;
(d) bya Person licensed by the Province of Ontario or Canada
to Keep any Prohibited Animal or Wild Animal;
(e) by a not-for-profit corporation or registered organization
formed for and engaged in Animal rescue operations;
(f) ata Pound authorized by the Town;
(g) as part of an exhibition or event approved by the Town; or
(h) as part of an Agricultural Operation.
Page 5 of 16
5. Animals At Large
5.1. No Animal Owner or Person who Keeps an Animal shall cause or
permit the Animal to be At Large.
5.2. Any Animal found At Large may be seized by the Poundkeeper or
an Enforcement Authority and delivered to a Pound authorized by
the Town.
5.3. The Animal Owner of an Animal seized and delivered to a Pound
pursuant to subsection 5.2 of this By-law is entitled to claim the
return of the Animal upon payment of the applicable fee that is
established by the Poundkeeper from time to time, and any other
fees that may be levied against the Animal Owner pursuant to the
Pounds Act, R.S.O. 1990, c. P. 17 ("Pounds Act").
5.4. If the Animal Owner of an Animal seized and delivered to a Pound
pursuant to subsection 5.2 of this By-law fails to claim the return
of the Animal within three (3) business days, the Poundkeeper
may sell the Animal in accordance with the Pounds Act.
5.5. If the Animal Owner of a Dog or Cat seized and delivered to a
Pound pursuant to subsection 5.2 of this By-law fails to claim the
return of the Animal within ten (10) business days, the Animal
may be destroyed in accordance with the Animals for Research
Act, R.S.O. 1990, c. A.22.
6. Licensing of Dogs
6.1. | Every Animal Owner of a Dog residing in the Town shall obtain a
Dog Licence for the Dog from the Town or its licensing agent, shall
maintain the Dog Licence in good standing, and shall renew the
Dog Licence annually.
6.2. Every application for a Dog Licence or a renewal of a Dog Licence
shall be accompanied by the applicable fee established by the
Town or its licensing agent from time to time.
6.3. Upon submission of the Dog Licence application and payment of
the applicable fee, the Animal Owner shall be provided with a Dog
Licence tag and shall keep it securely fixed to the Dog when the
Dog is on Public Property.
6.4. Every Dog Licence issued pursuant to this By-law shall be serially
numbered and a record of issuance shall be kept by the Town or
its licensing agent. This record shall include, at a minimum, the
name, address and email address of the Animal Owner, the name,
breed, colour and sex of the Dog, and such other information as
the Town or its licensing agent determines is required.
6.5. No Person shall provide false information when applying for or
renewing a Dog Licence.
6.6. Every Dog Licence is specific to the Dog for which it is issued and
is not transferable to any other Animal.
7. Kennels
7.1. No Person shall establish or operate a Kennel in the Town except
as permitted under the Zoning By-law and in accordance with the
requirements of this By-law and all Applicable Law.
Page 6 of 16
7.2. Every Person who establishes or operates a Kennel in the Town
shall obtain a Kennel Licence to operate from the Town or its
licensing agent, shall maintain the Kennel Licence in good
standing, and shall renew the Kennel Licence annually.
7.3. Every application for a Kennel Licence or a renewal of a Kennel
Licence shall be accompanied by the applicable fee established by
the Fees and Charges By-law, which shall not be refunded
irrespective of the outcome of the application.
7.4. The application for a Kennel Licence or a renewal of a Kennel
Licence shall contain the following:
(a) the name and contact particulars of the Kennel operator
including address, telephone number and email address;
(b) the address of the Kennel;
(c) if the Kennel operator is not the Owner of the Property at
which the Kennel is located:
i. the name and contact particulars of the registered
Owner(s) the Property; and
ii. written approval of the Kennel Licence application by the
registered Owner(s) of the Property;
(d) if the application is for a new Kennel, a site plan showing
the location of the Kennel in relation to the boundaries of
the Property at which the Kennel will be located and any
other building or structure on the Property; and
(e) acopy of the current and valid registration of the Kennel
operator with the Canadian Kennel Club Inc. or other kennel
club recognized by the Town or its licensing agent;
(f) the maximum number of Dogs at the Kennel; and
(g) certification that the Kennel meets all Applicable Law and all
applicable standards and requirements of the Town and of
Niagara Region Public Health.
7.5. No Person shall provide false information when applying for or
renewing a Kennel Licence.
7.6. Upon receipt of an application for a Kennel Licence or a renewal of
a Kennel Licence, the Town or its licensing agent shall review it
for completeness and may require the applicant to provide such
additional information or documents as the Town or its licensing
agent determines are reasonably necessary to complete the
application.
7.7. Upon receipt of completed application, the Town or its licensing
agent shall issue a Kennel Licence where satisfied that the Kennel
meets the requirements of this By-law.
7.8. Notwithstanding subsection 7.7, the Town or its licensing agent
may impose such terms and conditions on a Kennel Licence as
they consider to be appropriate in the circumstances.
7.9. The Town or its licensing agent may refuse to issue or renew a
Kennel Licence or may revoke a Kennel Licence where the Kennel
fails to comply with this By-law, other Applicable Law and/or the
terms and conditions of the Kennel Licence.
Page 7 of 16
7.10. Every Licence issued pursuant to this By-law shall be serially
numbered and a record of issuance shall be kept by the Town or
its licensing agent. This record shall include, at a minimum, the
name, address and email address of the Kennel Licence holder,
the location of the Kennel, and such other information as the
Town or its licensing agent determines is required.
7.11. Kennel Licences are specific to the Kennel and Kennel operator
for which they are issued and are not transferable to any other
Kennel or Kennel operator.
8. Animal Keeping Requirements
8.1. No Person shall cause or permit any Animal to bark, howl, whine,
squawk or make other like sounds in a manner that contravenes
Town of Pelham Noise By-law No. 4454(2022).
8.2. | Any Person who Keeps a Dog shall immediately remove any waste
left by the Dog on Public Property or Private Property, other than
Private Property of which that Person is the Owner or Occupant,
and shall deposit it in an appropriate waste receptacle.
8.3. Subsection 8.2 of this By-law does not apply where:
(a) the Dog is a service animal as defined in the Provincial
Animal Welfare Services Act, 2019, S.O. 2019, c. 13 and
the Person who Keeps the Dog is unable to remove the
waste due to a visual or physical impairment; or
(b) the waste is left by a police Dog while it is working.
9. Dangerous Dogs |
9.1. For the purposes of this By-law, a Dangerous Dog is a Dog that:
(a) has a known tendency or disposition to Attack or Bite;
(b) is known to Attack or Bite without Provocation;
(c) has Attacked or Bitten a Person or Domesticated Animal
without Provocation;
(d) approaches, follows or chases a Person or Domesticated
Animal on Public Property in an aggressive or threatening
manner with Provocation;
(e) has a known tendency or disposition to be aggressive or
threatening;
(f) is trained as an attack or fighting Dog; and/or
(g) is Kept primarily for purposes of security or protection of
any Person or Property.
9.2. Where an Enforcement Authority is satisfied that a Dog has
Attacked or Bitten without Provocation, the Enforcement Authority
Shall issue a Muzzle Order to the Animal Owner that identifies the
Dog as a Dangerous Dog and provides that:
(a) the Dog is prohibited from being on Public Property or on
Private Property of which the Animal Owner is not an Owner
or Occupant unless the Dog is affixed by collar or harness to
a chain or leash not more than two (2) metres in length and
wears a Muzzle;
Page 8 of 16
(b) when the Dog is on Private Property of which the Animal
Owner is an Owner or Occupant, the Dog shall be securely
confined inside a building or within fully enclosed pen or
other structure:
i. situated wholly on that Private Property;
ii. with dimensions of not less than two (2) metres by
four (4) metres;
iii. constructed of materials and in a manner that prevents
the Dangerous Dog from escaping and is capable of
preventing entry by any other Person or Animal; and
iv. constructed of materials and in a manner that allows
Persons to have lawful entry onto the Private Property
without fear of Attack or Bite by the Dog;
(c) the Animal Owner shall conspicuously display signage on
Private Property of which the Animal Owner is an Owner or
Occupant warning that there is a Dangerous Dog on the
Property; and
(d) the Animal Owner shall immediately notify the Poundkeeper
if the Dog:
i. is unconfined or At Large;
ii. is involved in an Attack or Bite;
iii. has been sold or given away, in which case the Animal
Owner shall provide contact information for the Person
to whom the Dog was sold or given; or
iv. has died.
9.3. Subject to section 10 of this By-law, a Muzzle Order shall remain
in effect for the remainder of the natural life of the Dangerous
Dog.
10. Muzzle Order Hearings
10.1. An Animal Owner to whom a Muzzle Order is issued may, within
fourteen (14) calendar days of the date of the Muzzle Order,
request a hearing in accordance with this By-law.
10.2. The right of an Animal Owner to request a hearing is exercised by
giving written notice to the Town in the form determined by the
Clerk from time to time, which shall be accompanied by payment
of the applicable fee as established under the Fees and Charges
By-law of the Town, being By-law No. 3728(2016), as updated or
amended from time to time.
10.3. Upon receipt of a hearing request and the applicable fee, the Clerk
shall convene a special meeting of Council as soon as practicable
to conduct the hearing. All hearings shall be held in person.
10.4. Not less than fourteen (14) calendar days prior the hearing date,
the Clerk shall provide written notice of the hearing date to the
following Persons:
(a) the Animal Owner to whom the Muzzle Order was issued;
(b) the Enforcement Authority that issued the Muzzle Order;
(c) in the case of an Attack or Bite involving a Domesticated
Animal, the Animal Owner of the Domesticated Animal;
Page 9 of 16
(d) in the case of an Attack or Bite involving a Person, that
Person; and
(e) any other Person known to the Clerk to have an interest in
the subject matter of the hearing.
10.5. Not less than fourteen (14) calendar days prior the hearing date,
the Clerk shall provide to the Animal Owner the full investigative
file of the Enforcement Authority that issued the Muzzle Order.
10.6. Not less than seven (7) calendar days prior to the hearing date,
the Animal Owner shall file with the Clerk any documents or
evidence to be relied on at the hearing, including materials from
the investigative file of the Enforcement Authority, and shall notify
the Clerk of any witnesses to be called by the Animal Owner.
10.7. Not less than seven (7) calendar days prior to the hearing date, the
Enforcement Authority that issued the Muzzle Order shall file with
the Clerk any documents or evidence to be relied on at the hearing
and shall notify the Clerk of any witnesses to be called by the
Enforcement Authority.
10.8. Any other Person to whom notice is given under subsection 10.4 of
this By-law shall, not less than seven (7) calendar days prior to the
hearing date, advise the Clerk if they wish to testify at the hearing.
10.9. Not less than two (2) calendar days prior to the hearing date, the
Clerk shall publish the agenda for the special meeting of Council,
which shall contain the Muzzle Order, the request for hearing, and
all documents or evidence filed under subsections 10.6 and 10.7 of
this By-law.
10.10. Any Person to whom notice is given under subsection 10.3 of this
By-law may attend at the hearing. However, the Dog that is the
subject of the Muzzle Order may not be present at the hearing.
10.11. Where an Animal Owner fails to request a hearing within fourteen
(14) calendar days of the date of the Muzzle Order:
(a) the right of the Animal Owner to make the request expires;
(b) the Animal Owner is deemed to have waived the right to
request a hearing;
(c) the Muzzle Order is deemed to be final; and
(d) the Muzzle Order is not subject to review or appeal,
including by any tribunal or court.
10.12. Where an Animal Owner fails to appear at the date and time set
for the hearing or fails to remain until the end of the hearing:
(a) the Animal Owner is deemed to have abandoned the hearing
request;
(b) the Muzzle Order is deemed to be final; and
(c) the Order is not subject to review or appeal, including by
any tribunal or court.
10.13. The Town shall conduct hearings under this By-law in accordance
with the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
Page 10 of 16
10.14. The following procedure applies to all hearings held pursuant to
this By-law:
1. The Mayor or designate shall call the meeting to order.
2. The Clerk shall make introductory remarks about the subject
matter of the hearing and procedure to be followed and shall
request all Persons present, other than Council, to state their
names and their interest in the subject matter of the hearing.
3. The Clerk shall administer an oath or affirmation to each
Person that gives evidence at the hearing, which shall be
administered immediately before the Person testifies.
4. Where the Attack or Bite involves a Domesticated Animal and
the Animal Owner of the Domesticated Animal is present and
has given notice to the Clerk that they wish to testify at the
hearing, the Animal Owner shall be the first Person to testify.
5. Where the Attack or Bite involves a Person and does not also
involve a Domesticated Animal and the Person is present and
has given notice to the Clerk that they wish to testify at the
hearing, the Person shall be the first Person to testify.
6. Where the Attack or Bite involves a Domesticated Animal and
a Person that is not the Animal Owner of the Domesticated
Animal and both the Animal Owner and the Person that is not
the Animal Owner are present and have given notice to the
Clerk that they wish to testify at the hearing, the Clerk shall
determine the order in which they testify.
7. The Animal Owner or the Person, as the case may be, may
testify about the Attack or Bite and any other matter relevant
to the subject matter of the hearing.
8. The Animal Owner to whom the Muzzle Order was issued or,
if applicable, their legal representative, shall then be offered
the opportunity to question the Animal Owner or the Person
involved in the Attack or Bite.
9. Council shall then have the opportunity to question the
Animal Owner or the Person involved in the Attack or Bite.
10. Where a Person known to the Clerk to have an interest in the
subject matter of the hearing is present and has given notice
to the Clerk that they wish to testify at the hearing, the
interested Person shall be the next Person to testify.
11. The interested Person may testify about any matter relevant
to the subject matter of the hearing.
12. The Animal Owner to whom the Muzzle Order was issued or,
if applicable, their legal representative, shall then be offered
the opportunity to question the interested Person.
13. Council shall then have the opportunity to question the
interested Person.
14. The next Person to testify shall be the Enforcement Authority
that issued the Muzzle Order. The Enforcement Authority may
testify about any relevant matter and may refer to and/or rely
on any documents or other evidence filed with the Clerk.
Page 11 of 16
15. The Animal Owner to whom the Muzzle Order was issued or,
if applicable, their legal representative, shall then be offered
the opportunity to question the Enforcement Authority.
16. Council shall then have the opportunity to question the
Enforcement Authority.
17. The next Persons to testify shall be other witnesses called by
the Enforcement Authority, if any, each of whom may testify
about any relevant matter and who may be questioned by or
on behalf of the Animal Owner to whom the Muzzle Order
was issued and/or by Council.
18. The next Person to testify shall be the Animal Owner to whom
the Muzzle Order was issued, should they wish to do so. The
Animal Owner may testify about any relevant matter and may
refer to and/or rely on any documents or other evidence filed
with the Clerk.
19. Council shall have the opportunity to question the Animal
Owner to whom the Muzzle Order was issued.
20. The next Persons to testify shall be other witnesses called by
the Animal Owner to whom the Muzzle Order was issued, if
any, each of whom may testify about any relevant matter
and who may be questioned by Council.
21. At the conclusion of the evidence, the Enforcement Authority
and the Animal Owner to whom the Muzzle Order was issued
shall each have the opportunity to make a final summary to
Council, should they wish to do so.
22. Council shall then conduct open deliberations of the evidence
and render a decision in accordance with subsection 10.15 of
this By-law.
23. The decision of Council will be delivered orally at the hearing
and confirmed in writing by the Clerk within five (5) calendar
days after the hearing date.
10.15. Council shall determine whether to exempt the Animal Owner to
whom the Muzzle Order was issued from the requirements of the
Muzzle Order, in whole or in part, and subject to such conditions,
if any, that Council considers appropriate.
10.16. The decision of the Council is final.
11. Enforcement
11.1. This By-law shall be administered and enforced by the Town and
Enforcement Authorities.
11.2. An Enforcement Authority may, for the purpose of enforcing this
By-law, exercise any power, authority or remedy granted to the
Town pursuant to the Municipal Act, 2001.
11.3. An Enforcement Authority may, at all reasonable times, enter and
inspect any Property to determine if this By-law is being complied
with and may, for the purposes of such an inspection, require the
production of documents and/or require information from a Person
concerning a matter related to the inspection.
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11.4. An Enforcement Authority who is satisfied that a contravention of
this By-law has occurred may make an Order requiring the Person
who contravened the By-law, the Person who caused or permitted
the contravention and/or the Owner of the Property where the
contravention occurred to discontinue the contravening activity.
11.5. No Person shall obstruct or hinder, or attempt to obstruct or
hinder, any Enforcement Authority in the exercise of a power or
the performance of a duty under this By-law.
12. Penalty
12.1. Every Person who contravenes any provision of this By-law is
guilty of an offence and upon conviction is liable to such penalties
as are provided for in the Municipal Act, 2001 and the Provincial
Offences Act, R.S.O. 1990, c. P.33.
12.2. Administrative Penalty Process By-law for Non-Parking By-laws
No. 68-2023 applies to each administrative penalty issued
pursuant to this By-law.
12.3. Every Person who contravenes any provision of this By-law shall,
upon issuance of a penalty notice in accordance with Administrative
Penalty Process By-law for Non-Parking By-laws No. 68-2023, be
liable to pay to the Town an administrative penalty in accordance
with that By-law.
13. General
13.1. The short title of this By-law is the "Animal Control By-law".
13.2. If any provision of this By-law is found by any court or tribunal of
competent jurisdiction to be illegal or inoperative, in whole or in
part, the balance of the By-law shall not be affected and shall
remain in full force and effect.
13.3. If there is a conflict between a provision of this By-law and a
provision of any other By-law of the Town, the provision that
establishes the higher standard shall prevail.
13.4. This By-law shall be read with all changes in number or gender as
are required by context.
13.5. Any reference to legislation in this By-law includes the legislation
and any amendment, replacement, subsequent enactment or
consolidation of such legislation.
13.6. The Town Clerk is hereby authorized to effect any minor
modifications or corrections solely of an administrative, clerical,
numerical, grammatical, semantical or descriptive nature or kind
to this By-law as are determined to be necessary.
14. Repeal and Enactment
14.1. By-law #462(1978), being a by-law to provide for licensing and
regulating the keeping of dogs, together with all amendments
thereto, is hereby repealed and replaced.
14.2. By-law #1450(1992), being a by-law to regulate dogs which are
an annoyance or nuisance, together with all amendments thereto,
is hereby repealed and replaced.
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14.3. By-law No. 97-2010, being a by-law for the licensing and
registration of dogs, for regulating the keeping of dogs and the
control of vicious or dangerous dogs, together with all
amendments thereto, is hereby repealed and replaced.
14.4. By-law No. 2174(2000), being a by-law to prohibit animals, other
than dogs, being at large or trespassing, together with all
amendments thereto, is hereby repealed and replaced.
14.5. By-law No. 3448(2013), being a by-law to regulate or prohibit the
keeping and running at large of animals and known as the Exotic
Pet By-law, together with all amendments thereto, is hereby
repealed and replaced.
15. Effective Date
15.1. This By-law shall come into force on the date that it is enacted.
Marvin Junkin, Mayor
Sarah Leach, xing Town Clerk
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SCHEDULE "A" --- PROHIBITED ANIMALS
1.|| All Animals, native or non-native, the possession or sale of which is prohibited
because the Animal is designated as protected or endangered pursuant to any
international, federal or provincial law, regulation, rule or agreement, unless the
Animal has been obtained in accordance with the applicable international, federal
or provincial law and if the said Animal is not identified as a Prohibited Animal.
2. All Animals within the taxonomic classifications identified below are Prohibited
Animals. Examples of Animals are provided for reference only and shall not be
construed as limiting the prohibition against all Animals within that taxonomic
classification.
Bs All Animals in the following taxonomic classes and orders are Prohibited Animals:
li Venomous Arachnida (e.g. spiders, scorpions)
ii. Venomous Chilopoda (e.g. centipedes)
iii. Crocodilia (e.g. crocodiles, alligators, caimans, gharials)
iv. Pinnipedia (e.g. seals, sea lions, walrus)
V. Cetacea (e.g. whales, dolphins, porpoises)
vi. Sirena (e.g. manatee, dugong)
vii. Artiodactylous (even-toed) Ungulates .
viii. Perissodactyla (odd-toed) Ungulates
ix. Edentates (e.g. sloths, armadillos, anteaters)
Ke Marsupialia (e.g. kangaroos, wombats, opossums)
xi. Non-Human Primates
xii. Falconiformes (raptors)
xiii. Strigiformes (owls)
xiv. Pholidota (e.g. pangolins)
XV. Tubulidentata (e.g. aardvark)
". All Animals in the following taxonomic families and groups are Prohibited Animals:
i. Canidae (canine) other than Dogs (e.g. wolves, coyotes, jackals, foxes)
ii. Felidae (feline) other than Cats (e.g. lions, tigers, cheetahs, lynx)
iii. Chelydridae (snapping turtles)
iv. Elephantidae (elephants)
Vv. Erinacidae (hedgehogs)
vi. Hyaenidae (hyenas)
vii. Mustelidae (e.g. weasels, badgers, otters) other than the domestic ferret
viii. Procyonidae (e.g. racoons, kinkajous, ring-tailed cats)
ix. Procaviidae (hyrax)
Xx. Pteropodidae (e.g. fruit bats)
xi. Ratites (e.g. ostrich, emu, rhea)
xii. Sciuridae (e.g. squirrels, chipmunks, prairie dogs)
xiii. Trionychidae (soft shell turtles)
xiv. Ursidae (bears)
XV. Viverridae (e.g. civets, genets)
Xvi. All families of venomous snakes including Viperidae (vipers), Elapidae
(snakes with permanently erect front fangs), Atractaspididae, and
Hydrophidae (aquatic snakes)
XVii. All families of venomous reptiles (e.g. Gila monsters, bearded lizards)
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5i All other venomous and/or poisonous Animals.
6. All non-venomous snakes that have the potential to reach a maximum length of
more than three (3) metres.
7. All non-venomous lizards that have the potential to reach a maximum length of
more than two (2) metres.
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