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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY-LAW NUMBER 13-15
BEING
A
BY-LAW
PROHIBITING
OR
OTHERWISE
REGULATING THE KEEPING OF ANIMALS WITHIN THE
MUNICIPALITY OF THE CORPORATION OF THE TOWNSHIP
OF SCUGOG
WHEREAS section 11(3) of the Municipal Act, 2001, S.O. 2001, as
amended ("Municipal Act"), authorizes the Township to pass by-laws
respecting animals;
AND WHEREAS section 8(3) of the Municipal Act confers the power
upon a municipality to regulate and prohibit respecting a matter, to
provide for a system of licences, permits, approvals or registrations
respecting a matter, and to impose conditions as a requirement of
obtaining, continuing to hold or renew a licence, permit, approval or
registration;
AND WHEREAS section 11(2) of the Municipal Act confers the power
upon municipalities to enact by-laws to provide for the health and well-
being of persons and for the protection of persons and property;
AND WHEREAS section 103 of the Municipal Act permits the seizure
and impounding of animals being at large or trespassing contrary to the
by-law and for the sale of such animals;
AND WHEREAS section 391 of the Municipal Act enables a municipality
to pass a by-law imposing fees or charges for services or activities
provided or done by or on behalf of it;
NOW THEREFORE the Council of the Corporation of the Township of
Scugog enacts as follows:
Section 1
DEFINITIONS
For the purposes of this By-law, the term:
(1)
"accredited facility" shall include a business or location that is
certified and approved to operate by a government or industry
oversight body such as the Canadian Association of Zoos and
Aquaria;
(2)
"animal" shall include any member of the animal kingdom, other
than a human;
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(3)
"animal sanctuary" shall mean a facility where Animals are brought
to live and be protected for the rest of their lives. Animals living in
the sanctuary shall not have been purchased nor shall they be
sold, traded or used for animal testing;
(4)
"at large" shall mean the circumstances in which an animal is found
in any place other than on lands owned or lawfully occupied by its
Owner and when not under restraint of any Person;
(5)
"Council" shall mean The Council of the Corporation of the
Township of Scugog;
(6)
"impound period" shall mean 5 days from the day that an Animal is
impounded (not including the day of impound);
(7)
"license" shall mean a license issued by the Township under the
provisions of this By-law;
(8)
"livestock" shall include, but is not limited to, any domestic fowl (ie.
chickens, ducks, geese, turkeys, swans, ostrich), domestic rabbits
(when more than three (3) are kept), ferrets or chinchillas (when
more than two (2) are kept), any member of the family equidae (i.e.
ponies, donkeys, mules, horses), any member of the genus Bos
(i.e. cows, bulls, oxen), or other cattle (i.e. goats, pigs, sheep,
llamas, mink, emus, ostrich, boar);
(9)
"minimum care" shall mean the provision of adequate and
appropriate food, water, shelter, exercise, attention and veterinary
care for an Animal in part, or as a whole;
(10) "Municipal Clerk" shall mean the Clerk for the Corporation of the
Township of Scugog;
(11) "Officer" shall mean a Police Officer as defined in the Police
Services Act, R.S.O. 1990, and shall include a Municipal Law
Enforcement Officer, special constable, and First Nations
Constable;
(12) "owner" shall mean a Person or their authorized agent who keeps,
owns or harbours one or more animals within the Township, and
where the owner of the animal is a minor, the person responsible
for the custody of the minor;
(13) "person" shall include an individual, a sole proprietorship, a
partnership, an unincorporated association, a trust, a body
corporate and a natural person;
(14) "prohibited animal" shall mean an animal set out in Schedule "A" of
this By-law but shall not include Wildlife;
(15) "Township" shall mean the Corporation of the Township of Scugog
and/or the corporate limits of the Township of Scugog as context
requires;
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(16) "veterinarian" shall mean a Person licensed to practice medicine on
Animals in the Province of Ontario;
(17) "wildlife" shall mean an Animal that belongs to a species
indigenous to Ontario that is wild by nature, and includes game
wildlife and protected wildlife as defined in the Fish and Wildlife
Conservation Act, 1997, S.O. 1997, c.41;
(18) "wildlife rehabilitator" shall mean a place where Wildlife that are
injured or in distress are rehabilitated or kept by a Person
authorized by the Ontario Ministry of Natural Resources or
Canadian Wildlife Services;
(19) "Zone" means a Zone as defined in the Zoning By-law, as
amended from time to time.
Section 2
PROHIBITIONS
2.1
No Person shall keep, harbour, maintain, or possess any
Prohibited Animal.
2.2
No Person shall keep, harbour, maintain, or possess any Wildlife.
2.3
No Person shall keep, harbour, maintain, or possess any Livestock
other than in a Rural Area Zone.
2.4
No Owner of an Animal shall allow their Animal to be At Large.
Section 3
EXEMPTIONS
3.1
Sections 2.1 and 2.3 shall not apply to:
(a)
Any facility owned or operated by the Township;
(b)
any recognized Ontario Society for the Prevention of Cruelty
to Animals (OSPCA) or Humane Society facility;
(c)
the premises of an accredited veterinary hospital under the
care of a Veterinarian licensed to practice in the Province of
Ontario;
(d)
with the exception of venomous animals, a permanent or
temporary Accredited Facility, provided that a temporary
Accredited Facility is limited to no more than seven (7) days
at any one location and Animals are safely contained when
not on exhibit;
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(e)
with the exception of venomous animals, where
professionally produced films or television shows require the
use of Prohibited Animals, provided there is supervision by
inspectors and/or agents of a government or industry
oversight body;
(f)
premises registered as research facilities pursuant to the
Animals for Research Act, R.S.O. 1990, as amended;
(g)
a facility issued a license under this By-law;
(h)
a Person transporting a Prohibited Animal for immediate
surrender to an Officer, Veterinarian or Accredited Facility.
3.2
Section 2.2 shall not apply to:
(a)
a Wildlife Rehabilitator;
(b)
Any facility owned or operated by the Township;
(c)
any recognized Ontario Society for the Prevention of Cruelty
to Animals or Humane Society facility;
(d)
the premises of an accredited veterinary hospital under the
care of a Veterinarian licensed to practice in the Province of
Ontario;
(e)
a Person transporting Wildlife for immediate surrender to an
Officer, Veterinarian or Accredited Facility.
Section 4
ANIMAL CONTROL
4.1
The Township shall keep a record of all Animals seized and
impounded pursuant to this By-law.
4.2
An Officer may seize and impound:
(a)
any Animal found At Large or delivered to the Municipality by
a Person who found the Animal At Large;
(b)
any Prohibited Animal not kept pursuant to section 3.1;
(c)
any Wildlife not kept pursuant to section 3.2;
(d)
any Livestock not in a Rural Area Zone.
4.3
When an Animal has been impounded or seized by an Officer:
(a)
such Animal shall remain for a full Impound Period unless
said Animal is claimed by its owner and does not require
further impoundment by order of the Chief Medical Officer of
Health or as may be required by statute;
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(b)
if any impounded Animal is not claimed on or before the last
day of the Impound Period, an Officer may, at that Officer's
discretion and subject to the Animals for Research Act,
R.S.O. 1990, c.A.22, destroy or sell the Animal.
4.4
An Officer may restore possession of an impounded Animal to a
person claiming to be the Owner of the Animal only where such
person:
(a)
demonstrates that the place in which they intend to keep the
Animal is within an area of the Municipality where the
keeping of the Animal is permitted; and
(b)
pays to the Township the impound and daily care fees set out
in the "Fees & Charges By-law" together with any other costs
incurred by the Township for the housing and care of the
Animal, including the cost of any of the veterinary care that
the Officer deemed necessary.
4.5
Nothing in this By-law shall prevent an Officer from destroying an
Animal that is suffering illness or injury.
4.6
Where the Officer deems it necessary to euthanize an Animal
pursuant to section 4.5, the Officer shall first make every
reasonable effort in the circumstance to contact the Owner.
Section 5
LICENSE FOR KEEPING OF PROHIBITED ANIMALS
5.1
For the purposes of this By-law, Council delegates its licensing
authority and the administration of this By-law to the Municipal
Clerk.
5.1.1 Without limiting the provisions of this section, the Animal
Services Committee as appointed by Council shall remain the
deciding authority in the event the Municipal Clerk
recommends the refusal, suspension or revocation of a
License under this By-law.
5.1.2 The Municipal Clerk may delegate the performance of his
functions under this By-law from time to time as required.
5.2
An application for a Prohibited Animal License shall be submitted
on a form provided and designed for that purpose.
5.3
The fee payable for a Prohibited Animal License shall be in
accordance with the "Fees and Charges By-law", as amended from
time to time, and shall be payable upon submitting an application.
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5.3.1 Applications for a new Licence under this By-law, submitted
less than six (6) months prior to the expiry date, shall pay half
the applicable Licence fee for the remainder of the Licence
term, provided that the applicant was not keeping Prohibited
Animal(s) before submitting an application.
5.4
No Licence issued under this By-law is transferable.
5.5
A License shall be valid only for the period of time for which it was
issued.
5.6
Every holder of a License shall, before the 1st day of November in
each year, apply to have their License renewed.
5.7
Every License issued in accordance with this By-law shall expire
on the 31st day of December in the year in respect of which it was
issued.
5.8
The Municipal Clerk may impose conditions not specified in this
By-law as a requirement of obtaining, holding, or renewing a
License.
Section 6
LICENSING REQUIREMENTS
6.1
The Municipal Clerk shall have regard to the following criteria when
determining whether to issue a Prohibited Animal License:
(a)
that the location where the Prohibited Animal(s) are to
be kept is constructed and maintained to the
satisfaction of the Township and/or any other
government or industry oversight body;
(b)
whether keeping Prohibited Animal(s) could pose a risk
to the health and safety of residents or Wildlife within
the Township;
(c)
whether the applicant has demonstrated the ability to
provide Minimum Care;
(d)
the applicant is at least 18 years of age;
(e)
whether the applicant has alternate housing available
for Prohibited Animal(s) in the event the license is
revoked or when the owner no longer desires to keep
the Prohibited Animal(s);
(f)
whether the property is located within a Rural Area
Zone;
(g)
whether the Prohibited Animal(s) are kept at least three
hundred and ten (310) meters from any and all
dwellings on any and all other lot or lots;
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(h)
whether the applicant resides on the property where the
Prohibited Animal(s) are kept;
(i)
whether the applicant has demonstrated they operate
as an Animal Sanctuary;
(j)
the class, type, and number of Prohibited Animals
being kept;
(k)
whether the applicant carries adequate liability
insurance;
(l)
such other matters as may be deemed necessary.
6.2
Upon consideration of an application, the Municipal Clerk may;
(a)
make a recommendation to the Animal Services
Committee to deny the issuance of a license;
(b)
issue a license; or
(c)
issue a license subject to any conditions that he/she
deems appropriate.
Section 7
LICENSE SUSPENSION, REVOCATION OR REFUSAL
7.1
The Animal Services Committee, upon recommendation of the
Municipal Clerk, may refuse, suspend or revoke a License where
there are reasonable grounds to believe that the applicant or
licensee has not conformed to the requirements of this By-law.
7.2
The applicant or licensee shall be notified in writing at least ten (10)
days before the date and time that Animal Services Committee
shall consider the Municipal Clerk's recommendation to refuse,
suspend or revoke a License. Where an applicant or licensee fails
to attend the meeting, the Committee may proceed with the
hearing in their absence.
7.3
The Municipal Clerk shall notify the applicant or licensee of the
Animal Services Committee's decision in writing within fifteen (15)
business days of the decision being made.
7.4
Where the Municipal Clerk deems it necessary and in the public
interest, he/she may immediately suspend a License prior to the
Animal Services Committee's consideration of the Municipal
Clerk's recommendation to refuse, suspend or revoke a License,
for a period not to exceed twenty (20) days.
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Section 8
ENFORCEMENT
8.1
An Officer may, at any reasonable time, enter upon any property
for the purpose of carrying out an inspection to determine whether
or not the provisions of this by-law have been complied with.
8.2
No person shall prevent, hinder, or interfere or attempt to prevent,
hinder, or interfere with an inspection undertaken by an Officer.
Section 9
ADMINISTRATION
9.1
Every person who contravenes any provision of this By-law is guilty
of an offence and on conviction is liable to a fine as provided for in
the Provincial Offences Act, R.S.O. 1990, c. P. 33.
9.2
This By-Law shall be enforced by an Officer.
9.3
Where any part of this By-Law conflicts with any other Township
by-law, or any federal or provincial legislation, the higher authority
or the more strict provision shall prevail where appropriate.
9.4
If any section, clause or provision of this By-law is, for any reason
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of this By-law as a whole or any
part thereof, other than the section, clause or provision so declared
to be invalid.
9.5
Schedule "A" attached hereto forms part of this By-law.
9.6
This By-Law shall be known as the Prohibited Animals By-Law.
9.7
This By-law repeals By-law Number 87-08.
9.8
This By-law shall come into force and effect on the date of its
passing.
Read a First, Second and Third time and finally passed this, 9th day of
March, 2015.
____________________________
MAYOR, Thomas R. Rowett
_____________________________
CLERK, Christopher Harris
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SCHEDULE "A" - PROHIBITED ANIMALS
Set in the following tables are the prohibited classes or categories of animals with the
specific exceptions provided for each class or category. A class represents the
ordering of organisms into groups based on their relationships.
CLASS
RESTRICTED
EXCEPTION
MAMMALIA
(Mammals)
ALL
Domestic dogs, cats, chinchillas, degus, hamsters,
mice, rabbits, rats, and sugar gliders.
Livestock that are kept in a Rural Area Zone.
CLASS
RESTRICTED
EXCEPTION
REPTILIA
(Reptiles)
ALL
Constricting and non-venomous Serpents (snakes)
that are less than two (2) meters in length.
Non-venomous lizards that have an exected adult
length less than two (2) meters from snout to tip of
tail.
Testudines (tortoises and turtles) order that are not of
the snapping variety.
CLASS
RESTRICTED
EXCEPTIONS
AMPHIBIA
(Amphibians)
ALL
Non-venomous Anura (frogs and toad) and Caudate
(salamanders and newts)
CLASS
RESTRICTED
EXCEPTIONS
AVES
(Birds)
ALL
Orders of birds held as Livestock on property in a
Rural Area Zone.
Orders of birds kept as household pets including
Columbiformes (pigeons and doves), Passerifromes
(perching birds and song birds), and Psittaciformes
(parrots).
CLASS
RESTRICTED
EXCEPTIONS
INSECTA
(Insects)
ALL
All non-venomous insects including non-venomous
Arachnida (spiders) and Chilopoda (centipedes).
Apoidea of the honeybee variety on properties in a
Rural Area Zone.
CLASS
RESTRICTED
EXCEPTIONS
SALT AND
FRESH
WATER
ORGANISMS
ALL VENEMOUS
VERTIBRATES
AND
INVERTIBRATES
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