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The Corporation of the City of Peterborough
By-Law Number 21-112
Being a by-law to regulate to ensure that Animals are kept and treated humanely and
responsibly.
Recitals ........................................................................................................................ 1
Short Title .................................................................................................................... 1
Interpretation ............................................................................................................... 1
Licences - Cats, Dogs and Kennels ............................................................................ 3
Administration of By-law .............................................................................................. 4
Licence Revocation ..................................................................................................... 5
Animal Control Order ................................................................................................... 5
Animal Control ............................................................................................................. 6
Running at Large ......................................................................................................... 6
Exceptions / Exemptions ............................................................................................. 7
Appeal to Hearing Officer ............................................................................................ 7
Administrative Penalties .............................................................................................. 8
Offences ...................................................................................................................... 8
Notices ......................................................................................................................... 8
Good Faith Performance ............................................................................................. 9
Repeal ......................................................................................................................... 9
Effective Date .............................................................................................................. 9
Schedule A: Prohibited Animals................................................................................. 10
Recitals
1. The Council of The Corporation of the City of Peterborough wishes to ensure that
animals are kept and treated humanely and responsibly.
Now therefore, The Corporation of the City of Peterborough by its Council enacts as
follows:
Short Title
1. This By-Law may be referred to as the "Animal By-law".
Interpretation
2. Unless otherwise stated:
a)
a reference to any statute or regulation refers to a statute or regulation of
Ontario as it may be amended or replaced from time to time;
b)
a reference to a by-law refers to a by-law of the City as it may be amended or
replaced from time to time; and
c)
a reference to a section, paragraph, clause or schedule is a reference to this
By-law's section, paragraph, clause or schedule.
3. The table of contents and headings in this By-law are for convenience only and do
not form part of this By-law.
Amended by 24-023
By-law 21-112
Page 2
4. If any part of this By-law is determined to be invalid by a court of competent
jurisdiction, the invalid part is severed and the remainder continues to be valid.
5. In the event of any inconsistency between a provision of this By-law and of any other
City by-law, the provision that, in the opinion of the Licence Administrator, more
restrictively regulates, prevails to the extent of the inconsistency.
6. This By-law applies within the territorial limits of the City.
7. In this By-law:
a)
"Animal" means any member of the animal kingdom or living beings, including
mammals, birds, reptiles and fish but not including humans.
b)
"Animal Control Order" means an order given pursuant to section 23 and more
particularly described in sections 24 and 25.
c)
"Applicant" means a Person who or that submits an Application.
d)
"Application" means an application for a Licence.
e)
"By-law" means this By-law including its schedules.
f)
"Cat" means a domesticated feline animal.
g)
"City" means The Corporation of the City of Peterborough or the geographic
area of the City of Peterborough as the context requires.
h)
"Council" means the City's Council.
i)
"Dog" means a domesticated canine animal.
j)
"Dwelling Unit" means connected space for residential purposes, within a
building which includes one or more bedrooms, sanitary facilities and cooking
facilities, all of which are provided for the exclusive use of the occupants thereof,
and which has a private entrance from either the outside of the building or
through a common area.
k)
"Euthanized" means humanely destroyed.
l)
"Fee" includes the applicable fee established by the User Fee By-law.
m) "Hearing Officer" means a hearing officer appointed pursuant to Hearing Officer
By-law 20-077.
n)
"Keep" includes to temporarily or permanently control, harbour, have custody of,
keep, maintain, possess or store.
o)
"Kennel" includes any Premises or part thereof, where more than three (3) Dogs
or Cats are Kept for
i)
breeding or show purposes; or for
ii)
boarding purposes.
p)
"Licence"
i)
means a licence issued pursuant to this By-law; and
ii)
includes a licence issued pursuant to Animal By-law 17-096 that had not
expired or had not been suspended or revoked as at the day on which this
By-law was in effect.
q)
"Licence Administrator" means each of the following individuals from time to time
employed by PHS
i)
Executive Director;
ii)
Manager of Finance; and
iii)
Animal Care Manager.
r)
"Licence Decision Notice" means a notice given pursuant to sections 13 or 39.
s)
"Licence Revocation Notice" means a notice given pursuant to section 20.
t)
"Licensee" means a Person to whom or to which a Licence has been issued.
u)
"Minor" means an individual under the age of eighteen (18) years.
By-law 21-112
Page 3
v)
"Muzzle" means a humane fastening or covering device that does not interfere
with the breathing, panting, ability to drink, or vision of the Animal when fitted
and fastened over the mouth of the Animal, but that is of sufficient strength to
prevent the Animal from biting.
w) "Normal Farm Practice" is as defined is as defined in the Farming and Food
Production Protection Act, 1998, S.O. 1990, c. 1.
x)
Officer means each of:
i)
the Licence Administrator;
ii)
a municipal law enforcement officer appointed by Council or pursuant to
authority delegated by Council to enforce this By-law; and
iii)
a police officer employed by a municipal police force, by the Ontario
Provincial Police or by the Royal Canadian Mounted Police.
y)
"Owner" means each Person who or that Keeps an Animal and includes
i)
each Applicant;
ii)
each Licensee;
iii)
each Person responsible for the custody of a minor Person who Keeps an
Animal; and;
iv) each Person who or that owns or leases Premises on or in which an Animal
is Kept by any Person;
z)
"Person" includes an individual, corporation or partnership.
aa) "Premises" includes a Dwelling Unit, building or structure and the land on which
they are situate.
bb) "Running at Large"
i)
in reference to an Animal, means being found on or in any place in respect of
which the owner of the place has lawfully prohibited the Animal;
ii)
in reference to an Animal, means being found in any place other than the
Animal's Owner's Premises and not under the physical control of any Person;
iii)
without limiting clause ii), in reference to a Dog or to a Cat, includes not
restrained by means of a leash not exceeding two (2) metres in length; and
iv) includes an Animal to which paragraph 24.e) relates.
cc) "PHS" means The Peteborough Humane Society.
dd) "User Fee By-law" means By-law 21-031 and, without limiting paragraph 2.b),
includes fee by-laws from time to time passed by Council and applicable to
Animals.
ee) "Veterinarian" means a person holding a licence to engage in the practice of
veterinary medicine pursuant to the Veterinarians Act, R.S.O. 1990, c. V.3.
Licences - Cats, Dogs and Kennels
8. No Person may Keep a Cat, Keep a Dog or operate a Kennel except pursuant to a
Licence in respect of each such Cat, Dog or Kennel and except pursuant to the
following conditions, each of which is a condition of obtaining and continuing to hold
a Licence:
a)
The Person complies with all applicable law including this By-law;
b)
The Person complies with any conditions to the Licence imposed pursuant to
section 12;
c)
The Person is not a Minor;
d)
The Person notifies the Licence Administrator in writing of any change to the
information provided in an Application within seven (7) days of the date of the
change;
By-law 21-112
Page 4
e)
At all times during the term of the Licence, a legible tag acceptable to the
Licence Administrator is affixed to the Cat or Dog to which the Licence relates;
and
f)
The Person is not indebted to the City except:
i)
pursuant to an agreement in good standing; or
ii)
in respect of current property taxes.
9. The Licence Administrator may refuse to accept an Application unless the Licence
Administrator is satisfied that:
a)
the Application is complete, legible and submitted on forms from time to time
established by the Licence Administrator;
b)
an individual Applicant is not a Minor;
c)
a corporate Applicant is incorporated pursuant to the laws of Ontario and is in
good standing; and
d)
the Application is accompanied by payment in full of any applicable Fee.
10. The Licence Administrator's decision to refuse to accept an Application is final and
not subject to review including review by any Court.
11. The Licence Administrator may issue a Licence to an Applicant if the Licence
Administrator is satisfied that the Application complies with section 9 and that the
Applicant has complied and will comply at all times with this By-law. The Licence
Administrator may otherwise refuse to issue a Licence.
12. In addition to conditions otherwise imposed pursuant to this By-law, the Licence
Administrator may, at any time and from time to time, impose conditions to a Licence
as the Licence Administrator determines are necessary to maintain the general
intent and purpose of this By-law.
13. If the Licence Administrator issues a Licence with conditions pursuant to section 12
or refuses to issue a Licence pursuant to section 11, the Licence Administrator must
give to the Applicant as soon as is reasonably practicable a Licence Decision Notice
that includes the following information:
a)
where a Licence is issued with conditions pursuant to section 12, particulars of
the conditions;
b)
where a Licence is refused, particulars of the reasons for refusing to issue the
Licence;
c)
information respecting the process by which the Applicant may exercise the
Applicant's right to appeal to the Hearing Officer against the conditions or the
refusal to issue the Licence; and
d)
a statement that the Licence Administrator's decision, unless modified or
rescinded by a Hearing Officer, will be final and not subject to review including
review by any Court.
14. An Applicant who or that receives a Licence Decision Notice may appeal the
conditions or the refusal to the Hearing Officer pursuant to section 41.
15. A Licence Decision Notice that is not appealed pursuant to section 41 is final and is
not subject to review including review by any Court.
16. A Licence expires on the earlier of:
a)
the first (1st) anniversary of the day on which it was issued; and
b)
the day on which it is revoked.
Administration of By-law
17. The Licence Administrator may do such things as the Licence Administrator
considers appropriate in the administration of this By-law including:
a)
determining Application requirements and related forms for the purposes of
paragraph 9.a);
b)
requiring information pursuant to paragraph 24.d); and
By-law 21-112
Page 5
c)
making any determination that this By-law contemplates is to be made by the
Licence Administrator.
18. [Intentionally deleted]
19. It is Council's opinion that the powers delegated pursuant to this By-law are of a
minor nature having regard to the number of people, the size of geographic area and
the time period affected by an exercise of the power.
Licence Revocation
20. In addition to any other remedy, where the Licence Administrator has reason to
believe that a Licensee has not complied with this By-law, the Licence Administrator
may give to the Licensee a Licence Revocation Notice that includes the following
information:
a)
a statement that the Licence is to be revoked on a day which is no fewer than
fourteen (14) days following the day on which the notice is given;
b)
particulars of the reasons for which the Licence is to be revoked;
c)
information respecting the process by which the Licensee may exercise the
Licensee's right to appeal to the Hearing Officer against the Licence Revocation
Notice; and
d)
a statement that the Licence Administrator's decision to revoke the Licence,
unless modified or rescinded by a Hearing Officer, will be final and not subject to
review including review by any Court.
21. A Licensee to whom or to which a Licence Revocation Notice has been given may
appeal to a Hearing Officer against the pending Licence revocation pursuant to
section 41.
22. Where the Licensee to whom or to which a Licence Revocation Notice is given does
not appeal against it pursuant to section 41, the Licence will be deemed to be
revoked on the fourteenth (14th) day following the day on which the Licence
Revocation Notice was given.
Animal Control Order
23. In addition to any other remedy, an Officer may give to an Animal's Owner an Animal
Control Order where the Officer has reason to believe that:
a)
the Animal has bitten or will bite a Person or another Animal;
b)
the Animal poses a threat to the health or safety of a Person or of another
Animal; or that
c)
the Owner has not complied with this By-law.
24. An Animal Control Order may require the Owner to do such things at the Owner's
expense as the Officer considers appropriate including, without limitation, any or all
of the following:
a)
to Muzzle the Animal indefinitely or for a specific period and subject to conditions
as may be specified;
b)
to restrain or to confine the Animal in such manner and subject to such
conditions as may be specified;
c)
to cause the Animal to be examined and treated by a Veterinarian;
d)
to give to the Licence Administrator forthwith upon the Licence Administrator's
requests from time to time such information and documents that the Licence
Administrator determines are relevant to the Animal Control Order; and
e)
to cause the Animal to be surrendered or delivered to such Person as the
Animal Control Order may direct.
25. An Animal Control Order must include the following information:
a)
particulars of the reasons for which the Animal Control Order was given;
b)
particulars of the things the Owner is required to do; and
By-law 21-112
Page 6
c) information respecting the process by which the Owner may exercise the
Owner's right to appeal to the Hearing Officer against the Animal Control Order.
26. An Owner to whom or to which an Animal Control Order is given must forthwith
comply with it and may appeal to the Hearing Officer against it pursuant to section
41.
27. An appeal to the Hearing Officer does not operate as a stay of the Animal Control
Order.
28. An Animal Control Order that is not appealed pursuant to section 41 is final and is
not subject to review including review by any Court.
29. Despite section 28 and paragraph 41.a), the Licence Administrator may rescind an
Animal Control Order at any time.
30. Where an Animal Control Order is final and the Owner to whom or to which the
Animal Control Order has been given has not complied with it, the Licence
Administrator may cause to be done such things as, in the Licence Administrator's
opinion, will result in compliance with the Animal Control Order and section 446 of
the Municipal Act, 2001, S.O. 2001, c.25 applies with respect to such things done.
Animal Control
31. No Person may Keep an Animal and no Owner may permit to be Kept an Animal
except pursuant to the following conditions:
a) The Animal is not described in Schedule "A" to this By-law;
b) The Animal is not Running at Large;
c) The Animal's excrement is forthwith collected and disposed of in accordance
with all applicable law;
d) The Animal is provided with shelter, food and water that is appropriate to the
Animal's species;
e) The Animal is treated humanely;
f)
The Animal is forthwith examined and treated by a Veterinarian when the
Animal's health reasonably requires it;
g) The number of Cats Kept at any Premises does not exceed three (3);
h) The number of Dogs Kept at any Premises does not exceed three (3);
i)
An Owner complies with the City's Noise By-law, Chapter 691 including in
relation to any noise related to the Animal;
j)
Without limiting paragraph i), an Owner does not permit a Dog to emit a barking
sound while the Dog is on the Owner's Premises and outside of any Dwelling
Unit, building or structure on the Premises;
k) An Owner complies with all law applicable to the Animal; and
l)
An Owner does not permit the Animal to threaten the health or safety of a
Person or of another Animal.
Running at Large
32. Where an Officer finds an Animal to be Running at Large, the Officer may cause the
Animal to be seized and impounded and, for that purpose, without limitation to and in
compliance with an Officer's power of entry at law, may use reasonable means
including force to enter a vehicle, onto land and into a building or structure to seize
and impound the Animal.
33. The Licence Administrator may, subject to the Animals for Research Act, R.S.O.
1990, c. A.22, cause to be Euthanized an Animal impounded pursuant to section 32.
34. Where an Animal is not Euthanized pursuant to section 33, the Licence
Administrator may:
a) permit the Animal to be claimed by the Animal's Owner upon compliance with
this By-law and payment of any applicable Fee; or
b) sell or otherwise dispose of the Animal.
By-law 21-112
Page 7
Exceptions / Exemptions
35. This By-law is without effect only to the extent of any conflict with the following:
a) a Normal Farm Practice;
b) law enforcement by a municipal police force, the Ontario Provincial Police or by
the Royal Canadian Mounted Police;
c) the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11;
d) the lawful operation of an Animal hospital or clinic that is supervised by a
Veterinarian;
e) the lawful operation of a pound or shelter by the City or by a Person pursuant to
an agreement with the City;
f)
the lawful activities of an organization permitted by law to provide protection for
and humane treatment of Animals;
g) emergency treatment to an injured, ill or abandoned Animal;
h) the operation by the City of a public park, exhibition, or zoological garden; and
i)
the lawful operations of Premises registered as research facilities under the
Animals for Research Act, R.S.O. 1990, c. A.22.
36. Paragraph 31.b) does not prevent an Owner from permitting the Owner's Dog to be
unleashed in any area designated by the City for that purpose provided that at all
times:
a) the Owner and the Dog are within the designated area; and
b) the Owner otherwise complies with this By-law.
37. The Licence Administrator may exempt any Person from all or any part of this By-
law where the Licence Administrator is satisfied that the granting of the exemption
would maintain the general intent and purpose of this By-law.
38. The Licence Administrator may impose such conditions as the Licence Administrator
determines are appropriate in relation to an exemption granted by the Licence
Administrator.
39. Where the Licence Administrator grants an exemption with conditions or refuses to
grant an exemption, the Licence Administrator must give to the Person a Licence
Decision Notice as soon as is reasonably practicable that includes, with necessary
changes, the information prescribed by paragraphs 13.a), 13.b), 13.c) and 13.d).
Sections 14 and 15 apply to the Licence Decision Notice.
Appeal to Hearing Officer
40. AMP System By-law 20-073 applies to appeals to the Hearing Officer respecting
administrative penalties issued pursuant to sections 43 or 44.
41. Subject to section 40, the following rules and conditions apply to appeals to the
Hearing Officer:
a) A Person's right to appeal expires if it has not been exercised in the manner
prescribed in paragraph b) before 4:30 p.m. on the tenth (10th) day after the
Licence Decision Notice, the Licence Revocation Notice or the Animal Control
Order has been given to the Person.
b) A right to appeal is exercised by:
i)
giving to the Licence Administrator written notice of the appeal that includes
particulars of all grounds upon which the appeal is made; and by
ii) paying any applicable Fee.
c) The Licence Administrator will give to the Person no fewer than seven (7) days'
notice of the date, time and place of the hearing of the appeal.
d) Where the Person fails to appear at the time and place scheduled for a hearing
of the appeal, the Person's appeal is deemed to be dismissed and the Person
must pay to the City any applicable Fee.
By-law 21-112
Page 8
e) Subject to paragraph d), the Hearing Officer may not decide the appeal unless
the Hearing Officer has given each of the Person, the Licence Administrator and,
as applicable, the Officer, an opportunity to be heard at the time and place
scheduled for the hearing of the appeal.
f)
The Person is only entitled to be heard to the extent of the particulars included in
the Person's notice given pursuant to clause b)i).
g) The Hearing Officer may
i)
respecting an appeal against a Licence Decision Notice or a Licence
Revocation Notice, make any decision that the Licence Administrator could
have made pursuant to this By-law; and may
ii) respecting an appeal against an Animal Control Order, affirm it, vary its terms
or rescind it and, in the case or affirmation or variation, may extend the time
for complying with any or all of its terms.
h) The decision of the Hearing Officer is final and not subject to review including
review by any Court.
Administrative Penalties
42. AMP System By-law 20-073 applies to each administrative penalty issued pursuant
to this By-law.
43. Subject to section 44, each Person who or that contravenes this By-law is, upon
issuance of a penalty notice in accordance with AMP System By-law 20-073, liable
to pay to the City an administrative penalty of:
a) $175 for the remainder of the first day on which the contravention occurs; and
b) $275 for each subsequent day on which the contravention continues.
44. Each Person who or that contravenes this By-law by undertaking an activity without
a required Licence is, upon issuance of a penalty notice in accordance with AMP
System By-law 20-073, liable to pay to the City an administrative penalty of:
a) $500 for the remainder of the first day on which the contravention occurs; and
b) $750 for each subsequent day on which the contravention continues.
Offences
45. Subject to section 46, each Person who or that contravenes this By-law is guilty of
an offence and, upon conviction, is liable to a fine for each day or part of a day on
which the offence occurs or continues of:
a) not less than $300 and not more than $10,000 for a first conviction of an offence;
b) not less than $400 and not more than $25,000 for a second conviction of the
same offence; and
c) not less than $500 and not more than $50,000 for a third or subsequent
conviction of the same offence.
46. A Person is not guilty of an offence for which a penalty notice has been issued
pursuant to sections 43 or 44.
Notices
47. Any notice to be given to a Person other than the City is sufficiently given:
a) when given verbally to a Person who is an individual;
b) when delivered in writing to the Person;
c) on the third (3rd) day after it is sent by regular lettermail to the Person's last
known address; or
d) when sent to the Person by e-mail or by other means of electronic transmission.
48. For the purpose of paragraphs 47.c) and 47.d), a Person's last known address, last
known e-mail address and other means of electronic transmission are deemed to
include those provided pursuant to paragraph 9.a) as they may be changed pursuant
to paragraph 8.d).
By-law 21-112
Page 9
49. Any notice to be given to the City respecting an administrative penalty must be given
in accordance with AMP System By-law 20-073.
50. Subject to section 49, any notice to be given to the City is sufficiently given:
a) on the third (3rd) day after it is sent by regular lettermail to Animal Control, 385
Lansdowne St. E., Peterborough, ON K9L 2A3; or
b) when sent by e-mail to [email protected]
Good Faith Performance
51. No proceeding for damages or otherwise may be commenced against the City, the
Licence Administrator, the Officer, a member of Council, or an officer, employee or
agent of the City or a Person acting under the instructions of the officer, employee or
agent for any act done in good faith in the performance or intended performance of a
duty or authority under this By-law or for any alleged neglect or default in the
performance in good faith of the duty or authority.
Repeal
52. Subject to sections 53, 54 and 55, Animal By-law 17-096 is repealed.
53. The repeal of Animal By-law 17-096 does not affect
a) its previous operation;
b) a right, privilege, obligation or liability that came into existence under it;
c) an offence committed contrary to it, or any administrative order, penalty or fine
imposed in connection with the offence; or
d) an investigation, proceeding or remedy in respect of
i)
a right, privilege, obligation or liability described in paragraph b), or
ii) an administrative order, penalty or fine described in paragraph c).
54. An investigation, proceeding or remedy described in paragraph 53.d) may be
commenced, continued and enforced as if Animal By-law 17-096 had not been
repealed.
55. An administrative order, penalty or fine described in paragraph 53.c) may be
imposed as if Animal By-law 17-096 had not been repealed.
Effective Date
56. This By-law is in effect on January 1, 2022.
By-law passed this 13th day of December, 2021.
(Sgd.) Diane Therrien, Mayor
(Sgd.) John Kennedy, City Clerk
By-law 21-112
Page 10
Schedule A: Prohibited Animals
Species
Specifics
Animals the Keeping of which is
prohibited pursuant to federal or
provincial law
Anseriformes
Including ducks, geese, swans and screamers
Artiodactyla
Including camels, giraffe, deer, elk;
Excluding pot-bellied pigs, Vietnamese pot-bellied pigs and
Kune Kune pigs
Canidae
Including hybrid wolf dog or hybrid coyote dog;
Excluding Dog
Chiroptera
Including bats, myotis, flying foxes
Columbidae
Including pigeons, doves
Crocodylia
Including alligators, crocodiles, gavials, caiman
Edentate
Including anteaters, sloths, armadillos
Erinacidae
Excluding African pygmy hedgehogs
Felidae
Excluding Cats
Galliformes
Including chickens, turkeys, grouse, peacock
Hyaenidae
Hyenas
Hyracoidea
Hyrax
Lagomorpha
Including hares, pikas;
Excluding domestic rabbits
Lizards
Excluding those that will not reach an adult length exceeding
two (2) metres measured from snout to tip of tail
Marsupiala
Including kangaroos, possums and sugar gliders
Mustelidae
Including skunks, weasels, otters, badgers
Perissiodactyla
Including zebra, tapir
Pholidota
Pangolin
Pinnipedia
Including but not limited to seals, sea
lions, walruses
Poisonous or venomous Animals Including spiders, snakes, lizards, insects
Primates
Including gorillas, monkeys, lemurs, apes
Proboscidae
Including elephants, rhinoceros, hippopotamus
Procyonidae
Including but not limited to raccoon, panda, coatimundi
Raptors
Including hawks, eagles, kites, harriers, osprey, owls,
vultures, buzzards
Rodents
Including porcupines, prairie dogs, nutria;
Sciuridae
Squirrels, flying squirrels, red squirrels
Snakes
Including Green Anaconda, Yellow Anaconda, Reticulated
Python, African Rock Python, Burmese Python, Indian
Python, Amethyst Python;
Excluding snakes that will not reach an adult length
exceeding three (3) metres measured from snout to tip of tail
Struthioniformes
Including cassowaries, rhea, ostrich, emu, kiwi
By-law 21-112
Page 11
Species
Specifics
Ursidae
Bears
Viverridae
Including mongoose, civet, genet
Wild Aminals