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THE CORPORATION OF THE TOWNSHIP OF SCHREIBER
BYLAW 27-2021
BEING A BYLAW TO REGULATE ANIMAL CONTROL & TO ENSURE
RESPONSIBLE PET OWNERSHIP IN THE TOWNSHIP OF SCHREIBER
WHEREAS, the Municipal Act, 2001, S.O. 2001, c.25, Section 11(3)9, assigns
the sphere of jurisdiction of "Animals" to lower-tier municipalities;
AND WHEREAS, the Municipal Act, 2001, S.O. 2001, c.25, Section 8(3),
provides that a bylaw under Section 11 respecting a matter may:
(a) Regulate or Prohibit respecting the matter;
(b) Require persons to do things respecting the matter; and
(c) Provide for a system of licences respecting the matter;
AND WHEREAS, the Ontario Society for the Prevention of Cruelty to Animals
Act R.S.O., 1990, Chap.0.36, provides special powers to help animals in distress;
AND WHEREAS, the Dog Owners' Liability Act, R.S.O., 1990 Chap. D 16,
provides for the rules and regulations that must be followed for the keeping of
dogs;
AND WHEREAS, it is considered desirable to pass a bylaw relating to Animal
Control within the Corporation of the Township of Schreiber.
NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF SCHREIBER ENACTS AS FOLLOWS:
1.0
SHORT TITLE
This Bylaw may be cited as the "Township of Schreiber Animal Control
Bylaw".
2.0
DEFINITIONS
"animal" means any member of the animal kingdom, other than a human.
"animal sound" means any sound emitted from an animal that is audible
at a property occupied by persons other than the owner of the animal
emitting the sound. Without limitation, this term shall include barking,
whimpering, whining, howling, yowling, yelping, meowing, and crying.
"at large" means where an animal is found in a place other than the
property of the owner of the animal and not under the control of the owner
of the animal or their authorized representative, except where the owner of
the property permits the animal to be on their property.
"cat" means a domestic cat (Felis silvestris catus).
"certify" means to confirm formally as true, accurate, or genuine by
swearing or confirming the declaration to be true.
"control" includes care and custody.
"Council" means the Council of The Corporation of the Township of
Schreiber.
"competent person" means a person having the strength and capacity to
securely control a dog so as to not permit or allow unwanted contact with
another person or animal.
"confined space" means a fully or partially enclosed space.
"distress" means the state of being in need of proper care, water, food or
shelter or being injured, sick or in pain or suffering or being abused or
subject to undue or unnecessary hardship, privation or neglect.
"dog" means a domestic dog (Canis lupus familiaris).
"dog off-leash recreation area" means a specific confined area
designated by Council, from time to time, where a dog owner is permitted
to allow their dog to run at large and is not required to leash such dog.
"grandfathered" means the lawful keeping of any animal, currently
prohibited under the provisions of this Bylaw, provided such animal was
lawfully kept prior to the prohibition and where the keeping of such animal
has been uninterrupted for any period of time since the prohibition.
"impound" means to confiscate, confine, hold or take possession.
"kennel" means an establishment for the breeding or boarding of dogs.
"licence" means a dog tag issued pursuant to the requirements of this
Bylaw.
"lot" means a parcel of land which can be legally conveyed pursuant to
the Planning Act.
"municipal law enforcement officer" means a person appointed under
the authority of the Police Services Act for the purpose of enforcing
bylaws.
"neutered male" means a dog or cat which has been altered by
castration and for which the owner produces satisfactory evidence of its
being neutered.
"officer" means a Municipal Law Enforcement Officer or a Police Officer.
"owner" means a person who:
a) has the care, charge, custody or control of an animal;
b) owns or who claims a proprietary interest in an animal;
c) harbours, suffers or permits an animal to be present on any
property owned, occupied or leased by them or which is otherwise
under their control;
d) claims and receives an animal from the custody of the animal
shelter or an Officer; or
e) a person to whom a licence was issued for an animal in
accordance with this Bylaw.
For the purpose of this Bylaw, an animal may have only one (1) owner.
Where an owner is a minor, the person responsible for the custody of the
minor is deemed to the owner.
"police work dog" means a dog trained to aid law enforcement officers
and is actually being used for police work purposes.
"pound" means premises that are used for the confinement, maintenance
or disposal of animals that have been impounded pursuant to this Bylaw.
"poundkeeper" means such person, service or agency designated or
appointed to maintain and administer the premises and facilities operated
as a pound.
"proof" means documentation signed by a qualified veterinarian attesting
to the age of the animal together with purchase documents, such
purchase documents being in an original form and identifying the animal,
the name and address of the pet store or person from whom the animal
was purchased, the date the animal was purchased, the purchase price,
and the name and address of the purchaser, or medical records identifying
the animal, the name and address of the qualified veterinarian
administering such medical services and the dates such services were
administered, including the date of commencement of such care of the
animal. Such records must clearly establish that the applicant owned the
animal in question prior to the date of passage of a bylaw to otherwise
prohibit the keeping of such animal and further that the owner and animal
resided in the Township at such time.
"property" means any interest, present or future, vested or contingent, in
real or personal property.
"residential dwelling unit" means a suite of rooms used or intended to
be used as a housekeeping unit by one or more persons and usually
containing cooking, eating, living, sleeping and sanitary facilities.
"service dog" means a dog that has been certified by a nationally
recognized organization or association in providing assistance to a
person. This includes, but not limited to, guiding, hearing or providing the
necessary emotional therapy to a person with a disability or impairment
(autism, seizure dog etc.).
"spayed female" means any female dog or cat which has been altered by
the removal of the ovaries and for which the owner produces satisfactory
evidence of its being spayed.
"Township" means the Corporation of the Township of Schreiber.
"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,
road-building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, but does not include a
motorized snow vehicle.
"visually impaired" means a person that possesses vision of less than
6/60 on a Snellen Acuity Test in their better eye after the best possible
correction or has a field vision of acuity of less than 20 degrees.
"Zoning Bylaw" means any bylaw administered by the Township passed
pursuant to Section 34 of the Planning Act, R.S.O. 1990 c.P1 3 or a
predecessor or successor thereof, as may be amended from time to time.
3.0
GENERAL PROVISIONS
3.1
This Bylaw pertains to animals being housed, harboured, kept or owned
by any person in the Township of Schreiber.
4.0
CAUSING A DISTURBANCE
4.1
No person shall cause, permit or allow an animal to emit animal sounds or
other noise for an extended or frequent period of time, which disturbs, or is
likely to disturb the inhabitants of the Township of Schreiber.
5.0
CARE OF ANIMALS
5.1
Any person who keeps an animal within the Township shall provide the
animal with adequate and appropriate care, food, water, shelter, exercise,
attention and veterinary care as may be required to meet the need of the
species.
5.2
Any person who has tethered an animal shall ensure at all times that the
animal has unrestricted movement within the range of the tether and that
the animal cannot suffer injury resulting from the tethering.
5.3
Any person keeping an animal within the Township shall do so under
sanitary conditions.
5.4
For the purposes of Section 5.3 herein, an animal is kept in an unsanitary
condition where the keeping of the animal results in an accumulation of
fecal matter, an odour, insect infestation or rodent attractants which
endanger the health of any person or animal, or which disturbs or is likely
to disturb the enjoyment, comfort or convenience of any person.
5.5
No person shall cause, permit or allow an animal to be confined in a
vehicle or other confined space without appropriate ventilation or left in a
vehicle or other confined space if the weather conditions are not suitable
for containment of an animal.
5.6
No person shall:
a) tease, torment, annoy, or abuse any animal; or,
b) untie, loosen or otherwise free an animal which is not in distress unless
such person has the authorization of the owner
5.7
In addition to any other remedy, an officer may give to an animal's owner
an Order where the officer has reason to believe that the owner has failed
to comply with any part of this section.
5.8
Where an officer has reasonable and probable grounds to believe that an
animal is in distress or is likely to be in distress, an officer may require the
owner to cause the animal to be examined and treated by a Veterinarian
at the owner's expense.
5.9
An Order shall include the following information:
a) particulars of the reasons for which the Order was given; and,
b) particulars of the things the owner is required to do to remedy the
issue.
5.10 An owner to whom or to which an Order is given shall forthwith comply
with the Order.
6.0
DOG LICENSING AND REGISTRATION
6.1
Every owner of a dog over the age of six (6) months shall, on or before the
31st day of January in each and every year, make application to licence
and register the dog with the Township, or its agent, and provide
particulars pertaining to the dog and its owner in order to facilitate the
registration of such dog, and shall further make application and provide
such information as may be necessary to the Township.
6.2
Every owner of a dog shall pay annually to the Township a licence fee in
accordance with the Table of Fees as established and set out in or as
amended in the Township of Schreiber Fees & Charges Bylaw.
6.3
No person shall provide or give false information when applying for a
licence pursuant to this Bylaw.
6.4
Every owner of a dog shall, upon application for a dog licence, or as
otherwise required by the Town, produce a certificate signed by a
practicing veterinarian which clearly identifies the dog and shows that they
are currently vaccinated against rabies. The certificate shall identify the
animal, as in breed, colour, weight, etc., plus indicate the name of the
licensed rabies vaccine used (trade name), serial number and duration of
validity (up to three (3) years). If a validity date does not appear on the
certificate, then it will be considered a one (1) year vaccine. A veterinarian
may also certify that a vaccination is currently effective based on antibody
titre tests that show the dog has effective immunity.
6.5
The Township shall not issue a dog licence until the applicable licence fee
has been paid in full and evidence of the reproductive status has been
provided to the satisfaction of the Township.
6.6
When the requirements for licensing have been met and necessary
application information has been received for the registration of such dog,
the Township shall issue for each dog, a serially numbered licence tag
and shall cause such information, as provided, to be recorded.
6.7
At all times when the dog is not on the owner's property, the owner shall
cause it to wear a current licence tag issued by the Township, and the
licence shall be securely attached by means of a collar, harness or other
means.
6.8
No licence tag or registration shall be transferable and the licence tag
shall expire and become void upon the sale, death or other means of
disposal of the dog so registered and licenced.
6.9
Every licence tag issued by the Township shall expire on the 31st day of
December in the year for which it was issued.
6.10 No person other than the owner or their agent shall remove a licence tag
from a dog.
6.11 The licence fees shall be in accordance with the Table of Fees established
and set out in or as amended in the Township of Schreiber Fees &
Charges Bylaw.
6.12 An owner of a dog shall register and obtain a licence tag from the
Township for the dog within ten (10) business days from the date the
owner took up residence in the Township of Schreiber or the owner
acquires a dog that is required to be licenced.
6.13 An owner of a dog shall forthwith notify the Township of any changes with
respect to any information provided in an application for a licence under
this Bylaw. This includes but is not limited to, the owner's address and
phone number.
6.14 A licence tag shall be issued at no charge to any owner of a service dog,
such as a seeing eye dog, or a hearing ear dog or other specialized needs
dog or with respect to any police work dog trained for and actually
engaged in law enforcement by any federal, provincial or municipal
government agency.
7.0
REPLACEMENT DOG LICENCE TAG
7.1
Every owner of a dog, having lost the dog licence tag for the current year,
shall immediately make an application to the Township for the
replacement of such tag, and shall, upon request provide any information
as may be required by the Township. The replacement fee for a
replacement licence tag shall be in accordance with the Table of Fees
established and set out in or as amended in the Township of Schreiber
Fees & Charges Bylaw.
8.0
NUMBER OF DOGS
8.1
No owner shall have more than three (3) dogs in any residential dwelling
unit or any structure used for commercial, industrial or institutional
purposes within the Township.
8.2
Section 8.1 does not apply to:
a) the operation of a kennel licenced under the provisions of this Bylaw
and operated for the purposes of breeding or boarding animals;
b) an animal hospital owned and operated by a veterinarian licenced by
the Ontario Veterinarian Association;
c) a pet store licenced in accordance with the provisions of municipal
bylaws;
d) a shelter or pound of the Ontario Society for the Prevention of Cruelty
to Animals, Thunder Bay & District Humane Society or a municipally
owned and/or operated pound; or
e) dogs under the age of six (6) months.
9.0
KENNEL
9.1
Every licence application shall be submitted with the applicable fee as set
out in accordance with the Table of Fees of this Bylaw or as amended in
the Fees & Service Charges Bylaw prior to the 31st day of December of
every calendar year.
9.2
No person shall own, operate, manage, control or supervise a kennel
without a licence.
9.3
The Township Clerk or their designate may approve or refuse any licence
application, and may impose any conditions upon approval as he/she
determines to be appropriate.
9.4
A kennel operator with a kennel licence is not required to apply for a
licence pursuant to Section 6.1 in respect of dogs harboured in the kennel.
9.5
A kennel may only be licenced if they are located on a lot/property where
kennels are permitted by the applicable Zoning Bylaw.
9.6
Every person who holds a kennel licence or is applying for a kennel
licence shall comply with the following requirements:
a) The kennel shall be in separate building.
b) The kennel building conforms to the Ontario Building Code.
c) The kennel building shall have a floor of concrete or other
impermeable material and shall have drain openings constructed as a
plumbing fixture and such floor shall be thoroughly cleaned daily, or
more often when necessary.
d) The kennel building shall have electric lighting, windows that may be
opened for proper ventilation, a heating system sufficient to adequately
heat the building, hot and cold running water and a food preparation
area.
e) Where dogs are permitted to use an outside area, there shall be
constructed around such area a fence having a height of at least four
feet (4'); the wall of an adjacent building may be included as a part of
such fenced in area.
f) While the licence is in force, it shall be continuously exposed in a
conspicuous place in the interior of the premises for which the licence
is obtained.
g) At all times the kennel operator shall maintain the premises in a
sanitary, well ventilated, clean condition, and free from offensive odors.
h) The operator shall keep the dogs in sanitary, well bedded, well
ventilated, clean quarters with natural light at a healthful temperature at
all times.
i) The operator shall feed and give water to the dogs periodically each
day and keep same in a clean, health condition, free from vermin and
disease.
j) The Municipal Law Enforcement Officer and any other person
authorized by the Corporation of the Township of Schreiber may
inspect any place where dogs are kept, pursuant to this Bylaw.
k) If the kennel is found not to conform, under the requirements set out
herein, the Municipal Law Enforcement Officer may direct that the dogs
be seized and impounded by an Officer and may revoke the licence
issued to the kennel.
9.7
In addition to every other requirement imposed by this Bylaw, every
licence is issued subject to the condition that all federal, provincial and
municipal laws, rules, regulations, orders, approvals, permits, standards,
and all other governmental requirements applicable to the operation of the
kennel must be complied with.
10.0 CONTROL OF DOGS
10.1 No owner of a dog shall allow their dog to run at large.
For purpose of Section 10.1, a dog shall be deemed to be running at
large if found on any lands, public or private, within the boundaries of the
Township of Schreiber other than the premises of the owner of the dog
and when so found it is not under the control of a competent person by
means of a leash.
10.2 Notwithstanding Section 10.1, no owner of any dog shall allow their dog to
run at large in a dog off-leash recreational area as defined in this Bylaw,
unless a current municipal dog licence tag is affixed to the dog's choke
chain, collar or harness worn by the dog.
10.3 No owner of a dog shall allow their dog to trespass on private property
even when on a leash.
10.4 No person shall allow a leash to extend beyond a point where the owner
cannot reasonably control the dog.
10.5 A dog shall not be considered to be running at large if it is a police work
dog as defined in this Bylaw.
10.6 Any dog found running at large pursuant to the provisions of this Bylaw
may be impounded by any Municipal Law Enforcement Officer or other
duly appointed officer and delivered to the Pound.
10.7 Any person may capture any dog running at large on their property in the
Township and deliver the same to a Municipal Law Enforcement Officer or
other duly appointed officer, who may impound the said dog.
10.8 A Municipal Law Enforcement Officer or other duly appointed officer, may
enter on any public property, or on private property with the consent of the
owner or tenant of the property, for the purpose of impounding or
otherwise restraining and detaining any dog found running at large
pursuant to the provisions of this Bylaw.
10.9 Every owner of a dog shall immediately remove any excrement left by
such dog on public or private lands not being the property of the dog
owner, within the Township, and shall dispose of such excrement in a
sanitary manner in an appropriate waste refuse container, or other means
as to not litter on public or private property.
10.10 Notwithstanding Section 10.9, proof that the owner is either person with a
visual impairment or a physical disability shall constitute a defense to the
prosecution of such an offence.
10.11 Every person having care or control of a dog, including a person or
persons responsible for the temporary boarding of an animal at the
request of the owner, upon realizing that the animal is missing or has
escaped, shall immediately notify a Municipal Law Enforcement Officer.
11.0 DOG BITES OR ATTACKS
11.1 Where a dog has bitten or attacked any person or domestic animal, or is
alleged to have bitten or attacked any person or domestic animal, the
Municipal Law Enforcement Officer or other duly appointed officer may
issue an Order to the owner of the dog requiring that the dog be kept
muzzled and any other conditions deemed expedient by the Officer at
such times as are set out in the Order. Such Order shall set out the
conditions and the owner of the dog shall comply with all conditions of the
Order. The Order shall remain in effect until an action under the provisions
of the Dog Owners' Liability Act has concluded or until it is deemed by the
Municipal Law Enforcement Officer or other duly appointed officer that the
dog in question is otherwise innocent of such a bite or attack.
11.2 Where a dog has bitten or attacked any person or domestic animal, a
proceeding may be commenced by the Township against the owner of the
dog to seek an Order of the Court necessary for the protection of the
public under the provisions of the Dog Owners' Liability Act, R.S.O. 1990,
c. D.16 and any amendments thereto.
12.0 SEIZING AND IMPOUNDING
12.1 A Pound shall be established which complies with the Animals for
Research Act, R.S.O. 1990, c. A.22, the Ontario S.P.C.A. Act, R.S.O.
1990, c. 0 .36, 59/09, 60/09 as well as Regulations of the Ministry of
Agriculture and Food, and under the care and control of the Poundkeeper,
whose duty it shall be to impound all dogs found running at large contrary
to this Bylaw which have not been returned to their owner and brought to
the poundkeeper and to dispose of the same in accordance with the
Animals for Research Act. The poundkeeper shall also keep a record and
make return as requested or required to the Township Clerk of all dogs
impounded and how disposed of, the amount collected for impound fees
and the proceeds of sales.
12.2 It shall be the duty of the Municipal Law Enforcement Officer or other duly
appointed officer, to impound or otherwise restrain and detain all dogs
running at large pursuant to this Bylaw and,
a) return the dog to the owner, if known; or
b) impound the dog, subject to the right of the owner to redeem the dog
12.3 The owner may redeem the dog from the pound, within three (3) days
(exclusive of statutory holidays and Sundays) after the date of impound.
Any owner redeeming a dog from the pound shall pay any applicable
licence fees, impound fees, animal control service fees and maintenance
fees as may be required and any other fees associated with the
impounding of the dog, prior to the release of such dog by the pound to
the owner.
12.4 If the dog is not redeemed from the pound within the time set out in
Section 12.3, the dog shall become the property of the Poundkeeper who
may sell the dog or dispose of it as the pound deems fit, and in either
event aforesaid, no damages or compensation shall be recovered by the
owner on account of the disposition of the dog.
12.5 It shall be the duty of the Poundkeeper to care for all animals after they
have been impounded pursuant to the Animals for Research Act, R.S.O
1990, c. A.22 or any other applicable Act, as may be amended.
12.6 All impound fees and maintenance fees shall be retained by the
Poundkeeper or as prescribed under contract.
12.7 All licence fees and animal control service fees collected on behalf of the
Township by an authorized agent shall be remitted to the Township at
least quarterly, along with a report of the service.
13.0 DOGS RUNNING AT LARGE - INJURED
13.1 Where an injured dog is impounded or otherwise restrained and detained
for running at large and requires the immediate services of a qualified
veterinarian or should be destroyed due to such injuries without delay for
humane reasons, the Municipal Law Enforcement Officer may deliver the
injured dog to a qualified veterinarian for care or to euthanize the dog as
soon after impounding or otherwise restraining and detaining the dog as
the officer thinks fit and shall notify the owner, if known. Where such
injured dog has been delivered to a qualified veterinarian for care, the
owner of the dog shall be responsible for any and all costs or charges
associated with the services provided by the veterinarian. No damages or
compensation shall be recoverable by the owner or any other person.
14.0 ANIMAL CONTROL SERVICE FEES
14.1 Where the dog is returned to the owner, the Municipal Law Enforcement
Officer or other duly appointed officer may require the owner of the dog to
pay a "pick up" fee as set out in the Fees & Service Charges Bylaw. The
"pick up" Fee shall be paid forthwith to the Municipal Law Enforcement
Officer or other duly appointed officer or agent.
15.0 RABIES
15.1 Where any domestic dog is suspected of rabies, the Health Protection and
Promotion Act, R.S.O. 1990, c. H.7 and any amendments shall apply.
Where a dog has bitten or attacked any person or animal, and where such
dog, in the opinion of the Municipal Law Enforcement Officer or other duly
appointed officer, is displaying symptoms of rabies and the dog is believed
to be a danger or threat of danger to the safety of any person as a result
of suspected rabies, the Municipal Law Enforcement Officer or other duly
appointed officer may immediately kill the dog found running at large
without notifying any person or without permitting any person to reclaim
the dog or without offering it for sale. No damages or compensation shall
be recovered by the owner or any person on account of its killing
regardless of whether the results of any rabies tests are positive or not.
15.2 Where an animal other than a dog, is, in the opinion of the Municipal Law
Enforcement Officer or other duly appointed officer, believed to be rabid
and is believed to be a danger or threat of danger to the safety of any
person as a result of suspected rabies, the Municipal Law Enforcement
Officer or other duly appointed officer may immediately kill the animal
without notifying any person or without permitting any person to reclaim
the animal or without offering it for sale. No damages or compensation
shall be recovered by the owner or any other person on account of its
killing regardless of whether the results of any rabies tests are positive or
not.
16.0 NUMBER OF DOMESTIC CATS
16.1 No person shall have more than three (3) cats in any residential dwelling
unit within the Township.
16.2 Section 16.1 does not apply to:
a) a premises licenced under the provisions of municipal bylaw and
operated for the purpose of breeding or boarding;
b) an animal hospital owned and operated by a veterinarian licenced by
the Ontario Veterinarian Association;
c) a pet store licenced in accordance with the provisions of municipal
bylaws;
d) a shelter or pound of the Ontario Society for the Prevention of Cruelty
to Animals; or,
e) cats under the age of six (6) months.
17.0 CONTROL OF CATS
17.1 No owner of a cat shall allow their cat to run at large on public or private
property other than their own. This section shall not apply where the cat is
on private property with the consent of the owner of the property or their
representatives.
17.2 No owner of a cat shall allow their cat to trespass on private property even
when on a leash.
17.3 No owner of a cat shall allow a leash to extend beyond a point where the
owner cannot reasonably control the cat.
17.4 Every owner of a cat shall immediately remove any excrement left by such
cat on public or private lands not being the property of the cat owner,
within the Township, and shall dispose of such excrement in a sanitary
manner in an appropriate waste refuse container, or other means as to not
litter on public or private property.
17.5 In any prosecution pursuant to a violation of Section 17.4 of this Bylaw,
proof that the defendant is either a person with a visual impairment or a
physical disability shall constitute a defense to such prosecution.
17.6 Every owner of a cat shall, if requested by the Township, produce a
certificate signed by a practicing veterinarian which clearly identifies the
cat and shows that they are currently vaccinated against rabies. The
certificate shall identify the animal, as in breed, colour, weight, etc., plus
indicate the name of the licensed rabies vaccine used (trade name), serial
number and duration of validity (up to three (3) years. If a validity date
does not appear on the certificate, then it will be considered a one year
vaccine. A veterinarian may also certify that a vaccination is currently
effective based on antibody titre tests that show the cat has effective
immunity.
18.0 PROHIBITED ANIMALS
18.1 No person shall own, harbour, possess, keep, sell or offer for sale any
animal listed below as a pet or for any other purpose or for any period of
time.
a) all non-human primates (such as gorillas and monkeys);
b) all felids, except the domestic cat;
c) all canids, except the domestic dog;
d) all mustelids (including but not limited to skunks, weasels, otters,
badgers, etc.) except the domestic ferret;
e) all marsupials (including but not limited to kangaroos, sugar gliders and
opposums);
f) all bats, raccoons, squirrels;
g) all ursids (bear);
h) all hyaenas;
i) all snapping turtles;
j) all elephants;
k) all snakes of the families pythonidae and boidae;
l) all poisonous or venomous snakes;
m) all poisonous or venomous arachnids (including but not limited to
spiders);
n) all poisonous or venomous lizards;
o) all crocodilians (including but not limited to alligators and crocodiles);
p) any endangered species as defined by the Canadian Wildlife Service;
or
q) any other animal that Council deems to be necessary.
18.2 Notwithstanding Section 18.1, the prohibition shall not apply to:
a) circuses;
b) premises operated by the Ontario Society for the Prevention of Cruelty
to Animals, Thunder Bay & District Humane Society or a municipally
owned or operated pound;
c) a veterinary hospital under the control of a licenced veterinarian;
d) 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;
e) any animal being displayed or exhibited for a set period of time in a
municipally sanctioned event which is operated in accordance with all
bylaws of the municipality; or,
f) the premises of an Institution of Education where such animals are
being kept for research, study or teaching purposes, or on premises
registered as Research Facilities under the Animals for Research Act,
R.S.O. 1990, c. A.22, as amended.
19.0 REGISTRY OF GRANDFATHERED ANIMALS
19.1 Any person, may seek 'grandfathered' status for such prohibited animal
within 12 months of a prohibition of the keeping of an animal by making
application and providing to the Township, proof that the animal was
owned prior to the prohibition and further that the keeping of such animal
has not been interrupted for any period of time since the prohibition. Upon
being satisfied that the animal was owned prior to the prohibition and that
such ownership has continued uninterrupted since the prohibition, the
Township Clerk or their designate may deem the animal to be
'grandfathered' and enter such information pertaining to the animal and its
owner into a registry of grandfathered animals.
19.2 Where any grandfathered animal is deemed to be dangerous and/or
potentially jeopardizes the health or safety of any individual, the
grandfathered status of that animal may be revoked by the Township
Clerk or designate.
19.3 The Township may, at the discretion of the Township Clerk or designate
impose special conditions on the keeping of any grandfathered animal
(e.g. housing).
20.0 EXEMPTIONS
20.1 The Clerk of The Corporation of the Township of Schreiber may grant an
exemption to any person from any provision of this Bylaw and impose
conditions for such exemption as may be considered reasonable and
necessary, provided such exemption does not interfere with the general
integrity of this Bylaw.
21.0 ENFORCEMENT
21.1 A Municipal Law Enforcement Officer, Provincial Offences Officer, Police
Officer, or other duly appointed individual shall enforce the provisions of
this Bylaw.
21.2 No person shall obstruct, hinder, or otherwise interfere with a Municipal
Law Enforcement Officer, Provincial Offences Officer, Police Officer or
other duly appointed individual in the lawful carrying out of their duties and
responsibilities under the provisions of this Bylaw.
22.0 SEVERABILITY
22.1 Should any section of this Bylaw be declared by a Court of competent
jurisdiction to be ultra vires or illegal for any reason, the remaining parts
shall nevertheless remain valid and binding, and shall be read as if the
offending section or part had been struck out.
23.0 PENALTIES
23.1 Every person who contravenes any provision of this Bylaw is guilty of an
offence and liable on conviction to a penalty not exceeding $5,000,
exclusive of costs and the provisions of the Provincial Offences Act, R.S.O
1990, c P.33, as amended, shall apply to said fine.
23.2 Every person who contravenes the provisions of any section of this Bylaw
and every Director or Officer of a Corporation, who knowingly concurs in
the contravention by the Corporation, is guilty of an offence under the
provisions of the Municipal Act, 2001 , S.O. 2001 , c.25.
23.3 Every person who contravenes the provisions of any section of this Bylaw
and every Director or Officer of a Corporation, who knowingly concurs in
the contraventions by the Corporation, is guilty of an offence and liable on
conviction to a penalty where the minimum fine shall not exceed $500 and
a maximum fine shall not exceed $100,000 exclusive of costs under the
provisions of the Municipal Act 2001 , 2001 , S.O. 2001 , c. 25 as
amended.
23.4 For the purpose of continuous offences, every person who contravenes
any provision of this Bylaw and every Director or Officer of a Corporation
who knowingly concurs in the contravention of a bylaw of the Corporation
is guilty of an offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal Act,
2001 , S.O. 2001 , c. 25 as amended.
23.5 Notwithstanding Section 23.4 and the provisions of the Municipal Act,
2001, S.O. 2001 , c. 25, as amended the total of all daily fines for the
offence is not limited to $100,000.
23.6 For the purpose of multiple offences, every person who contravenes any
provision of this Bylaw and every Director or Officer of a Corporation who
knowingly concurs in the contravention of a bylaw of the Corporation is
guilty of an offence and liable on conviction to a penalty not exceeding
$10,000, exclusive of costs under the provisions of the Municipal Act,
2001 S.O. 2001 , c. 25 as amended.
23.7 Notwithstanding Section 23.6 and the provisions of the Municipal Act,
2001, S.O. 2001 , c. 25 as amended the total of all daily fines for the
offence is not limited to $100,000.
24.
REPEAL
THAT Bylaw 41-2007, as amended, as well as all Bylaws amending the
same, are hereby repealed as of the effective date set out in this Bylaw.
25.
EFFECTIVE DATE
This Bylaw shall come into force and take effect on the final passage
hereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27th
DAY OF July 2021.
__________________________
Mayor
(seal)
__________________________
Clerk