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LEGAL DEPARTMENT CONSOLIDATION
12 APRIL 2005
THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW NO. 2005-37
PIGEONS: (R.1.2.16) A by-law to prohibit the feeding and attracting of
pigeons on private property within the City of Sault Ste. Marie.
WHEREAS feeding and attracting pigeons may create a nuisance by causing pigeons
to foul or roost on neighbouring properties without the consent of the owners or
occupiers of the neighbouring properties;
AND WHEREAS the Municipal Act 2001, ss. 11(9) authorizes the municipal council to
pass by-laws regulating animals;
AND WHEREAS Council of the Corporation of the City of Sault Ste. Marie wishes to
promote the use and enjoyment of properties free from unwanted pigeons;
NOW THEREFORE THE COUNCIL of the Corporation of the City of Sault Ste. Marie
pursuant to Section 11(9) of the Municipal Act, 2001, S.O. 2001, c. 25 and amendments
thereto, ENACTS as follows:
1.
DEFINITIONS
(a)
"City" means The Corporation of the City of Sault Ste. Marie.
(b)
"Feed" or "feeding" means providing regular or intermittent supplies of
food or allowing or placing or maintaining the supply of food on a regular
or intermittent basis which food is accessible by pigeons.
(c)
"Other property" means property that is located 75 metres or less from the
property line of private property where feed is being consumed by pigeons
or 75 metres or less from the property line where feeding or otherwise
attracting of pigeons is occurring.
(d)
"Public nuisance" is deemed to include:
(i)
Pigeons roosting, landing, or nesting on private property;
(ii)
Pigeons defecating on private property or persons; and
(iii)
Pigeons causing any interference with the quiet enjoyment of
private property.
(e)
"Private property" means property owned by an individual, corporation or
other legal entity but does not include property owned or occupied by the
Government of Canada, the Province of Ontario, the municipality or a local
board thereof.
2. ADMINISTRATION
This by-law shall be administered and enforced by the Building Division of the
City.
LEGAL DEPARTMENT CONSOLIDATION
12 APRIL 2005
3.
PROHIBITION
No person shall feed or otherwise attract pigeons or allow, cause or permit the
feeding of pigeons on private property such that the pigeons cause a public
nuisance on other property.
4.
Notwithstanding section 3, this by-law shall not apply to any person who is a
member in good standing with the Canadian Racing Pigeon Union. [AMENDED
BY BY-LAW 2005-60]
5.
PENALTY
Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a penalty in accordance with the provisions of the
Provincial Offences Act, as amended.
6.
EFFECTIVE DATE
This by-law takes effect on the date of its final passing.
Read THREE times and PASSED in open Council this 7th day of March,
2005.
"Debbie Amaroso"
____________________________________
ACTING MAYOR - DEBBIE AMAROSO
"Donna Irving"
____________________________________
CLERK - DONNA P. IRVING
Consolidated Bylaws\2005-37 Pigeon consol.doc