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Corporation of the Gity of Quinte West
ByJaw Number l6-139
Being a By-law to prohibit and regulate certain animals in the City of Quinte West
Whereas section 10 of the Municipal Act, 2001, S.O. 2001 , c. 25 as amended,
provides that a municipality is authorized to pass by-laws respecting matters within the
sphere of jurisdiction of animals;
And Whereas section 103 of the MunicipalAct, 2001, S.O. 2001, c.25 as amended
provides that if a by-law is passed regulating or prohibiting with respect to the being at
large of animals, the by-law may provide for the seizure and impounding of animals
being at large and the sale of impounded animals;
And Whereas section 425 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended
provides that the municipality may pass by-laws providing that a person who
contravenes a by-law passed under the Act is guilty of an offence;
And Whereas Sections 444 and 445 of the Municipal Act, 2001 , S.O. 2001, c. 25, as
amended, provide that where a contravention of a by-law has occurred, the municipality
may make an order requiring the person who contravened the by-law or who caused or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity or to do work to correct .
the contravention;
And whereas section 446 of the Municipal Act, 2001 , s.o. 2001, c.25, as amended,
provides that a municipality may direct or require a person to do a matter or thing, and
that in default of it being done by the person directed or required to do it, the
municipality may have the matter or thing done at the person's expense and add the
costs of doing so to the tax roll and collect them in the same manner as property taxes;
AND WHEREAS the Council of the City of Quinte West deems it is in the best interest
of the residents of the City of Quinte West to provide for the prohibition and regulation of
animals in the City of Quinte West;
Now Therefore Be lt Enacted By The Gouncil For The Gorporation Of The City Of
Quinte West As Follows:
1.
This By-law shall be entitled the "Animal Regulation By-law"
2.
Definitions
2.1 ln this By-law
(a) "animal" shall mean any member of the animal kingdom, other than a
human.
(b) "attractants" shall mean any substance which could be reasonably
expected to attract a wild animal or animals or does attract wild animals,
strays, feral or abandoned animals.
(c) "board/boarding" shall mean a place where animals are housed and cared
for temporarily, regardless of whether a fee is collected or not.
"breed/breeding" includes the natural breeding of animals and the keeping
of a pregnant animal.
(d)
(e) "Council" shall mean the Council of the City of Quinte West or the
designate of the Council.
(0 "feral animal" shall mean an animal living in the wild but descended from
domesticated individuals.
(g) 'okeep" shall mean to have temporary or permanent control or possession
of an animal, and the words "kept: or "keeping" have a similar meaning.
(h) "Municipal Law Enforcement Officer" shall mean a Police Officer, an
Animal Control Officer, a Municipal Law Enforcement Officer for the City of
Quinte West, or anyone working under his/her authority.
(¡) "prohibited animal" shall mean an animal as listed in Schedule "A" to this
by-law.
û) "owner" shall mean any person who possesses or harbours an animal, and
where the owner is a minor, the person responsible for the custody of the
minor, and includes a person who is temporarily the keeper or in control of
the animal and "owns" has the same meaning
(k) "running at large" shall mean being found in any place other than the
owner's premises and not under the physical control of any person.
3.
General
3.1
No person shall keep any prohibited animal anywhere in the Cifi of Quinte
West
3.2 No person shall breed or board or allow the breeding or boarding of any
prohibited animal or animal, including domestic cats and dogs, on private
property.
3.3 No person shall in the event that transportation of any prohibited animal is
required to or from any place or property or circumstance where they may
be kept, fail to keep the animal confined in a container that is fully closed
and securely locked.
3.4 No person shall cause or permit any prohibited animalto run at large.
3.5 Any prohibited animal running at large contrary to the provisions of this by-
law may be seized and impounded by the Municipal Law Enforcement
Officer.
3.6
3.7
Where any prohibited animal is running at large contrary to the provisions
of this by-law and cannot be seized and where thê safety of persons or
animals is endangered the Municipal Law Enforcement Officer may
euthanize the animal immediately. The owner of the prohibited animal
shall not be entitled to damages or compensation on account of the
prohibited animal being euthanized.
Any prohibited animal found running at large contrary to this by-law may
be seized and impounded and may, after five (5) days have elapsed,
excluding the day it was impounded and statutory holidays, be sold or
adopted
-out to a lavuful recipient, or be disposed'of'
The owner of a prohibited animal that has been seized and impounded
shall pay all cosis incurred during the impounding of the prohibited animal,
and any charges incurred for the services of a veterinarian where
necessary because the prohibited animal has been injured or where it is
required inat tne prohibited animal be euthánized'
3.8
3.9 No person shall intentionally feed a wild animal or leave food or attractants
of any type or in any form out of doors in such a manner as to attract, or
be readily accessible by a wild animal, feral animal or stray domestic
animal on private or public property.
4.
Order
4.2
5.3
4.1 Where a Municipal Law Enforcement Officer is satisfied that any person
has failed to comply with this By-law, the Municipal law Enforcement
Officer may make an Order requiring the person to:
(a) reasonable particulars of the contravention adequate to identify the
contravention; and
(b) the date by which the Order must be complied with; and
(c) if applicable, the steps to be done
4.3 Any person who fails to comply with an order is guilty of an offence.
4.4
where a person fails to comply with an order, the city may, without notice
to the person, cause the Order to be complied with at the person's
expense.
4.5 For the purposes of causing the Order to be complied with, the City may
enter upon the land at any reasonable time.
4.6 The City may recover any costs of causing the Order to be complied with
from the person directed or required to so it by action or by adding the
costs to the tax roll and collecting them in the same manner as property
taxes.
5.
Exemptions
5.1 Despite section 3.1, animals of the kinds listed in Schedule "A" may be
kept in the places or circumstances as provided for in Schedule "8"
attached hereto provided that:
(a) the places or circumstances are a permitted use in compliance with the
City of Quinte West Comprehensive Zoning By-law.
5.2
Section 3.1 does not apply to any person who keeps, any prohibited
animal as listed in schedule "A" on property where the keeping of the said
animal is a permitted use in compliance with the City of Quinte West
Comprehensive Zoning By-law.
(a) take steps to correct the contravention; or
(b) discontinue the contravening activity.
An Order shall set out:
Section 3.1 does not apply to any person who breeds or boards any
animal as listed in Schedule "4" on property where the breeding or
boarding of the said animal is a permitted use in compliance with the City
of Quinte West Comprehensive Zoning By-law.
Section 3.9 does not apply to the feeding of song birds on a property,
provided the following feeding requirements are met by the resident:
5.4
(a) seed is placed in a bird feeding device that is sufficienfly above
grade as to not attract or be readily accessible by wild animals;
(b) bird feeding practices do not attract large flocks or homing birds
such as wild, feral or domestic pidgeons; and
spillage of seed upon the ground is removed by the property owner
or resident forthwith and disposed of in such a manner that it does
not attract wild animals, feral or stray domestic animals.
5.5 Section 3.9 does not apply in the following situations:
(a) the leaving of food as a bait in a trap by a property owner or
resident to capture a nuisance animal Inhabiting or habituating their
property; and
(b) the leaving of food as bait by a licence trapper, an emproyee of a
licence trapper or pest control company, or a Municipal law
Enforcement Officer in the performance of their duties.
6.
Obstruction
(c)
No person shall obstruct or hinder or attempt to obstruct or hinder a
Municipal Law Enforcement officer or other authorized employee or
agent of the municipality in the exercise of a power or the performance of
a duty under this by-law.
7.
Offence and Penalty Provisions
7.1 Any person who contravenes any provision of this by-law is guilty of an
offence and upon conviction shall be liable to such fines and penalties as
are prescribed by the Provincial offences Act, R.s.o. 1990, c p.33, as
amended
7.2
upon conviction being entered, the court in which the conviction was
entered and any Court of competent jurisdiction thereafter may, in addition
to any other remedy and to any penalty imposed in the By-raw, make an
order prohibiting the continuation or repetition of the offence by the
person convicted.
8.
Validity
8.1 ln the event that any provision or requirement of this By-law or the
application of this By-law to any person shall to any extent be held to be
invalid or unenforceable, the remainder of this By-law or the application of
such provision or requirement to all persons other than those to which it is
held to be invalid or unenforceable shall not be affected thereby and each
provision and requirement of this By-law shall be separately vaiid and
enforceable to the fullest extent permitted by law.
8.2 In this By-law, unless the contrary intention appears, words importing the .
singular number shall include more persons, parties or things of the éame
kind than one, and words importing the masculine gender shall refer to
females as well as males.
where any provisions of this By-law confrict with any other by-law of the
City, the most restrictive provisions shall apply
6.1
8.3
9
Repeal
9.1 By-law 04-15 is hereby repealed.
10. Effective Date
10.1 This By-law takes effect and comes into force upon final passing thereof.
Read and First, Second And Third Time And Finally Passed This Zth Day of
November,2016
Harrison, Mayor
Vuin Health, Gity Clerk
{.
Schedule "A"
Prohibited Animals
Note: The common names referred to in the right hand column are some of the
names of the animals referred to in the middle column of this schedule. The
common name is provided for information purposes only and is not intended to
limit the extent of the classed of animals referred to.
COMMON NAMES
Cattle, goats, sheep, pigs, deer, elk, hippopotamus
Coyote, wolves, foxes, hybrid dogs, tigers, leopards,
lions, lynx, servals, meerkat, mongoose, hyena,
mink, skunk, weasels, otters, badgers, raccoon,
walruses, seals, fur seals, cacomistles, bears, giant
panda, civets
(Except domestic dog, domestic cat, ferret)
Bats, myotis, flying fox
Armadillo
Kangaroos, wallabies, possoms, koala, wombats
Hares, pikas
LExcept domestic rabbits)
Chimpanzees, gorillas, monkeys, lemurs
Horses, donkeys, mules, zebras, rhinoceros
Anteater, sloths
Elephants
Porcupine, prairie dogs, capybara, beaver
(Except rodents such as chinchillas, hamsters
and guinea pigs which do not exceed 1,500
grams and are derived from a self-sustaining
ca
lation
Alliqators, crocodiles. caimans
Lizards which are venomous;
Lizards which reach an adult length larger than 2
metres;
Snakes which are venomous;
Snakes which reach an adult length larger than 3
metres:
Red-eared slider turtles, snapping turtle, alligator
snapping turtle
Eagles, hawks, vultures
(Except those owned by falconers licensed by
the Ontario Ministry of Natural Resources and
Forestry)
Ducks, geese, swans, screamers
Emu, cassowary
Pigeons, doves
Falcons
(Except those owned by falconers licensed by
the Ontario Ministry of Natural Resources and
Forestry)
Chickens, pheasa
pea fowl
nts, grouse, guinea fowl, turkeys,
Penquins
Owls
Ostrich
ers tarantulas
Sco
tons
Camel S iders
All venomous insects
All venomous amphibians
ORDER
Artiodactyla
Carnivora
Chiroptera
Cingulata
Diprotodontia
Lagomorpha
Non-Human Primates
Perissodactyla
Pilosa
Proboscidea
Rodentia
Crocodilia
Squamata
Testudines
Accipitriformes
Anseriformes
Casuariiformes
Columbiformes
Falconiformes
Galliformes
Sphenisciformes
Strigiformes
Struthionoformes
Araneae
Scorpiones
Solifugae
CLASS
Mammalia
Reptilia
Aves
(Birds)
Archnida
Insecta
Amphibia
1
3.
Schedule "B'n
Places for Keeping Animals
On the premises of an educational facility where such animals are being kept for
research, study or teaching purposes, or on premises registered as research
facilities under section 5 of the Animals for Research Act, R.S.o. 1990, c. A.2Z
22.
2.
ln a veterinary hospital under the care of a licenced veterinarian
By anyone holding a licence under any Statute of the Legislature of Ontario or
the Government of Canada, which permits the keeping of animals under stated
conditions.
On the premises of any television studio where such animals are being kept
temporarily for the purpose of a television production.
In or on the facilities or equipment of any carnival or circus where such animals
are being kept for displays or performance, on a temporary basis, within the
boundaries of the City of Quinte West.
4.
5.
SET FINE SCHEDULE
THE CORPORATION OF THE GITY OF QUINTE WEST
PART I, PROVINCIAL OFFENCES ACT
By-law # 16-139, being a By-law to prohibit and regulate certain animals in the City of Quinte West
Note: The penalty provision(s) for offences indicated above is Section 7 I of the By-law 16-1 39, a certified copy of which has been filed
250
6.1
Attempt to obstruct or hinder officer
13
250
6.1
Obstruct or hinder officer
12
100
3.9
Leave food attractants in such a manner to attract domestic animals
11
100
3.9
Leave food attractants in such a manner to attract feral animals
10
100
3.9
Leave food attractants in such a manner to attract wild animals
9
100
3.9
Feed a wild animal
I
100
3.4
Cause or permit prohibited animalto run at larqe
7
100
3.3
Fail to keep animalconfined in a fully closed and securelv locked container
6
200
3.2
Board animalon private property
5
200
3.2
Board prohibited animalon private property
4
200
3.2
Breed animalon private property
3
200
3.2
Breed prohibited animalon private property
2
150
3.1
Keep prohibited animal
1
coLunrN 3
Set Fine
COLUMN 2
Provision creating
or
defininq offence
COLUMN I
Short Form Wording
ITEM