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Consolidated (2019-104 & 2024-080)
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The Corporation of the
Township of Selwyn
Animal By-law
Being a By-law to Regulate Animal Control and Ensure
Responsible Pet Ownership in the Township of Selwyn
Whereas subsection 10(2) of the Municipal Act, 2001, as amended, authorizes the
Corporation of the Township of Selwyn to pass By-laws concerning the health, safety
and well-being of persons; and
Whereas subsection 10(2) of the Municipal Act, 2001, as amended, authorizes the
Corporation of the Township of Selwyn to pass By-laws regarding animals; and
Whereas subsection 103(1) of the Municipal Act, 2001 provides that if a municipality
passes a By-law regulating or prohibiting animals being at large that it may provide for
the seizure, impounding or sale of such animals in such By-law; and
Whereas subsection 105(1) of the Municipal Act, 2001 provides that if a municipality
requires the muzzling of a dog under any circumstances, the council of the municipality
shall, upon the request of the owner of the dog, hold a hearing to determine whether or
not to exempt the owner in whole or in part from the requirement; and
Whereas the Council of the Corporation of the Township of Selwyn deems it advisable
to enact such a By-law to encourage responsible pet ownership;
Now Therefore the Corporation of the Township of Selwyn enacts as follows:
Article 1 - Definitions
1.1 Agricultural Zone means a property:
i. zoned to permit agricultural uses pursuant to the Township's current Zoning By-
law; or
ii. for which an agricultural use is a legal non-conforming use pursuant to the
Planning Act;
1.2 Animal includes any member of the animal kingdom, other than a human;
1.3 Animal Control Officer means a person so appointed by the Council of the
Corporation of the Township of Selwyn to enforce Township By-laws respecting
animals and includes an Animal Control Officer employed by the Humane Society,
a police officer, and a By-law enforcement officer appointed by Council;
1.4 Animal Control Order means an order declaring a dog to be a biting dog, served
on the owner, issued by an Animal Control Officer;
1.5 At Large means to be found in any place other than the owner's property and not
under control of any person;
1.6 Bite includes the breaking, puncturing or bruising of the skin of a person or a
domestic animal caused by the tooth or teeth of a dog and "bitten" has a
corresponding meaning;
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1.7 Biting Dog includes a dog that:
i. in the absence of a mitigating factor, has attacked, bitten, or caused physical
injury to a person or a domestic animal;
ii. in the opinion of an Animal Control Officer, is likely to attack, bite or cause
physical injury to a person or domestic animal; or
iii. a dog that has been declared vicious or a biting dog in another municipality in
Ontario;
1.8 Clerk means the corporate secretary of the Township and also means their
designate;
1.9 Commercial Event includes an event where a fee is charged for entrance or
participation, or goods or services are displayed for sale and the person, group or
corporation conducting the event is for-profit;
1.10 Committee means the Township of Selwyn Appeals Committee as may be
appointed by Township Council from time to time;
1.11 Distress includes 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;
1.12 Dog includes a canine of any breed of domesticated dog or cross-breed
domesticated dog, but does not include canines less than four months of age;
1.13 Domestic or Domesticated Animal includes any animal kept by a person as a
pet and includes a service animal, but does not include any animal not listed as an
exception;
1.14 Dwelling includes one or more connecting rooms used, or intended for use, as a
housekeeping unit containing cooking, eating, sleeping, and sanitary facilities;
1.15 Enclosure includes the structure, cage or apparatus utilized to keep the animal
confined for safekeeping;
1.16 Grandfathered means the lawful keeping of any animal, deemed to be prohibited
under the provisions of this By-law, 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;
1.17 Humane Society means the Peterborough Humane Society or any successor
organization thereto;
1.18 Keep means to own, or possess or harbour or to have custody of an animal, and
"keeps" and "keeper" have a corresponding meaning;
1.19 Kennel includes any building, structure or other facility or part thereof, where
greater than 3:
i. dogs are kept for breeding or show purposes;
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1.20 Leash includes a leash attached to the collar or harness worn by a dog or cat and
of sufficient strength to restrain the dog or cat;
1.21 Microchip includes an approved Canadian standard encoded identification device
implanted into an animal, which contains a unique code that permits or facilitates
access to owner information, including the name and address of the owner of the
animal;
1.22 Minor is a person who has not achieved the age of 18 years of age;
1.23 Mitigating Factor includes a circumstance that may excuse aggressive behaviour
of a dog and, without limiting the generality of the foregoing, may include
circumstances where:
i. the dog was, at the time of the aggressive behaviour, acting in defense of an
attack by a person or aggressive animal; or
ii. the dog was, at the time of the aggressive behaviour, acting in defense of its
young or reacting to a person or domestic animal trespassing without
permission or colour of right on the property of its owner; or
iii. the dog was, at the time of the aggressive behaviour, being teased, provoked
or tormented;
1.24 Muzzle includes a humane fastening or covering device of adequate strength and
design and suitable to the breed of the dog, that fits over the mouth of the dog and
cannot be removed by the dog, so as to prevent the dog from biting;
1.25 OSPCA means the Ontario Society for the Prevention of Cruelty to Animals;
1.26 OSPCA Act means the Ontario Society for the Prevention of Cruelty to Animals
Act, R.S.O. 1990, c. O. 36, as amended or replaced from time to time;
1.27 Owner means a person or persons who keeps an animal, or allows the animal to
be kept on their property, and where the owner is a minor, the person responsible
for the minor;
1.28 Owner's Property includes the property, building or dwelling owned or occupied
by the owner of an animal, or any portion thereof;
1.29 Police Dog includes a dog trained for and actually engaged in law enforcement for
the police or other person duly appointed as a peace officer;
1.30 Possession or Harbouring of an animal shall be deemed to occur when:
a. a person permits an animal to remain at or about the property or dwelling which
s/he owns or occupies; or
b. an animal is habitually kept in the occupier's dwelling or on the owner's
property;
1.31 Pound includes premises that are used for the detention, maintenance or disposal
of animals that have been impounded pursuant to an agreement between the
Township and the Humane Society or the Dog Owners' Liability Act;
1.32 Prohibited Animal includes an animal of the type listed in Schedule "A", and
includes animals whose ownership is prohibited under existing Provincial and
Federal legislation;
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1.33 Public Property means any property owned by:
i. the Township ;
ii. any local board as defined in the Municipal Affairs Act;
iii. the federal, provincial or county government;
1.34 Residential Zone means a property:
i. zoned to permit residential uses pursuant to the Township's current Zoning
By-law; or
ii. for which a residential use is a legal non-conforming use pursuant to the
Planning Act;
1.35 Safekeeping of an animal means the provision of such security in order to prevent
an animal from attacking or injuring a person or another animal, or exposing such
person or animal to infection or disease, and also includes the provision of an
environment wherein the animal cannot be injured or infected by the enclosure,
and in addition, the said enclosure shall not cause psychological or mental harm to
the animal, which shall be ascertained by the distress caused to the animal in the
said enclosure, so determined by a veterinarian or other animal expert;
1.36 Self-sustaining Captive Population means an animal population that is viable in
captivity without further genetic influence from the wild;
1.37 Service Animal includes an animal if:
i. it has been trained to provide assistance to a person with a disability that
relates to a person's disability; and
ii. it is readily identifiable that the animal is used by the person for reasons relating
to his or her disability; or
iii. the person provides a letter from a regulated health professional confirming that
the person requires the animal for reasons relating to the disability; and
iv. where an Article in this By-law sets out a maximum number of animals allowed
to be kept, a Service Animal shall not be included in the calculation;
1.38 Township means the Corporation of the Township of Selwyn or the
geographical boundary of the municipality, as the case may be;
1.39 Under Control means having the animal kept secure and in the possession of the
keeper by means of a leash, chain or tether, or confined in a safe and secure
enclosure in the possession of the keeper.
Article 2 - Prohibited Animals
2.1 Schedule A - Prohibited Animals are described by species. Examples of these
species are provided and shall not be construed as limiting the generality of the
group.
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2.2 The keeping, harbouring, or possession, on a temporary or permanent basis, or
the selling or offer of selling of any animal of any kind listed in Schedule "A" to this
By-law anywhere in the Township is hereby prohibited.
2.3 Article 2.2 does not apply to animals listed as exceptions in Schedule "A".
2.4 No person shall keep an animal within the Township which animal is on the list of
the Convention on International Trade and Endangered Species (CITES) without
the prerequisite permit in accordance with CITES.
2.5 No person shall keep an animal whose ownership is prohibited under existing
Provincial and Federal legislation.
Article 3 - Grandfathering
Animals - General
3.1 Any person, may seek grandfathered status for such prohibited animals within 6
months of the passing of this by-law by making application and providing 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 preceding conditions have been met, the 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.
3.2 Dogs
i)
Any person who kept 4 dogs as was permitted in the preceding animal
control by-law as evidenced by the purchase of 4 dog tags will be permitted
to keep 4 dogs until one dog dies at which time the person comes into
compliance with the limit of 3 dogs.
ii)
The provisions of this by-law as they relate to keeping no more than 3 dogs
will apply throughout the Township after 10 years subsequent to the
passage of this By-law with the exception of dogs that are grandfathered as
per section 3.2 i).
3.3 Where the grandfathered animal is deemed to be dangerous and/or potentially
jeopardizes the health and safety of any individual, the grandfathered status of the
animal may be revoked by the Clerk or designate.
Article 4 - Keeping Animals
4.1 Every person who keeps one or more animals shall be responsible to ensure that
the owner's property upon which the animal or animals are kept are maintained in
a sanitary condition and that excrement is not allowed to accumulate and is
disposed of in a proper receptacle which will not create a nuisance or a health
hazard. This provision is in addition to further requirements relating to specific
types of animals contained elsewhere in this By-law.
4.2 No person shall keep an animal incidental to a farm or agricultural use, except in
an agricultural zone. A farm use shall be deemed to occur when the animal(s)
is/are used to produce or generate food for human or animal consumption.
4.3 No person shall keep an animal tethered on a rope, chain, cord or similar
restraining device unless:
i. the tether is a minimum of 3 metres;
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ii. the animal has unrestricted movement within the range of such tether;
iii. the animal is not tethered for longer than 10 consecutive hours in a 24-hour
period;
iv. the animal has access to water and shelter while tethered; and
v. the animal cannot injure itself as a result of the tethering.
4.4 Every person who keeps an animal in the Township shall ensure that the
standards of care set out in the Regulations under the Ontario Society for the
Prevention of Cruelty to Animals Act are provided for the animal.
4.5 Nothing under this article requires the Township to assume responsibility
concerning distress or care of an animal, which is the obligation of the OSPCA.
Article 5 - Animals At Large
5.1 No owner of an animal shall permit his/her animal to be at large in the Township.
5.2 No owner of an animal shall cause or permit an animal to be at large on the lands
of any other person, provided, however, that this clause does not apply if the
owner or the keeper have not intentionally or deliberately caused or permitted the
animal to be at large and the owner or keeper has proceeded with proper dispatch
to recover the animal according to law.
5.3 An Animal Control Officer may capture and take into custody an animal that is at
large upon any property.
5.4 Any person may humanely capture an animal found:
i. at large on his or her property; or
ii. at large on public property, and deliver the animal to the custody of an Animal
Control Officer or the Humane Society.
Article 6 - Impounded Animals
6.1 The Humane Society is appointed as pound keeper for the purposes of this Bylaw.
6.2 Where an Animal Control Officer captures and takes into custody an animal
running at large or has a captured animal delivered to him or her, the animal
Control Officer may in his or her discretion:
i. deliver the animal to the Humane Society;
ii. release the animal to its owner;
iii. if the animal is sick or injured, deliver the animal to a licensed veterinarian;
iv. if the animal is severely sick, injured or vicious, destroy the animal.
6.3 The Humane Society shall keep a record of every animal impounded, including:
i. the date it was impounded;
ii. a description of the animal;
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iii. a description of any identification;
iv. the disposition made with respect to the animal.
6.4 Where an animal is impounded for being at large, the owner of the animal shall pay
to the Humane Society reimbursement of its expenses with respect to the animal
including:
i. the cost of taking the animal into custody, (impound fee) fixed at the amount set
by the Humane Society;
ii. the daily boarding fees of the Humane Society for the care of the animal fixed in
the amount set by the Humane Society;
iii. actual veterinarian fees incurred with respect to the animal.
6.5 No person shall retrieve an impounded animal from the Humane Society without
payment of the expenses in full referred to Section 6.4.
6.6 Every owner shall retrieve the impounded animal from the Humane Society within
5 calendar days of the day of impound, excluding the day of impound and any
statutory holidays.
6.7 Where an animal is not claimed by its owner within 5 calendar days, the animal
may be sold or disposed of or destroyed in a humane manner.
6.8 Where an animal bears identification in accordance with this By-law, the Humane
Society shall make at least one attempt to contact the owner in accordance with
the information provided prior to selling or otherwise disposing of the animal.
6.9 Where an animal is injured or diseased before or after being taken into custody
such that in the opinion of the Humane Society it should be destroyed without
delay for humane reasons or for reasons of safety to persons or animals, the
Humane Society may destroy the animal in a humane manner without giving notice
to the owner or permitting any person to reclaim the animal or offering it for sale.
6.10 An impounded animal not wearing an identification tag for the current year, or
which has not been microchipped may be given an inoculation to provide
temporary immunization against common diseases.
6.11 Where the Humane Society is entitled to sell or dispose of an animal and receives
proceeds for the disposition, the proceeds of disposition shall be applied as follows
in accordance with the Society's applicable fees and charges:
i. to the costs of taking the animal into custody, (impound fee).
ii. the daily boarding fee of the Humane Society for the care of the animal.
iii. actual veterinary fees incurred with respect to the animal;
iv. the costs of any damage caused by the animal in trespassing or being at large
on the property of someone other than the owner; and
v. the residue, if any, to the owner if known, otherwise to be provided to the
Township .
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Article 7 - Licenses
7.1 The owner of every dog shall cause the dog to be licensed under this By-law in
accordance with the annual license fee as set out in the Township's Tariff of Fees
By-law.
7.2 Within 7 calendar days of the later of becoming:
i. an owner of a dog required to be licensed under this By-law; or
ii. a resident of the Township if already an owner of a dog required to be licensed
under this By-law;
every person shall obtain a license and pay the fee prescribed by the Township's
Tariff of Fees By-law.
7.3 Every service animal shall be registered/licensed and receive a tag, but at no cost
to the owner.
7.4 No person shall operate a kennel without obtaining a license and paying the fee
prescribed in the Township's Tariff of Fees By-law.
7.5 All licences shall be valid for 365 days from the date of purchase.
7.6 A record shall be kept showing the name and address of the owner of the dog and
the serial number of the tag provided to the person.
7.7 Where an owner obtains a licence for a dog under this By-law, the owner will be
issued an identification tag. Every dog licenced under this By-law shall have their
identification tag securely attached to a breakaway collar and attached to the animal
at all times unless the dog:
i.
is receiving veterinary treatment;
ii.
is being cleaned;
iii.
otherwise cannot have the tag affixed because it would represent a danger to
the animal;
iv.
the dog is being lawfully used for hunting.
7.8 No person shall place an identification tag upon any dog other than the dog for
which it was obtained.
7.9 Tags which are lost may be replaced by providing sufficient proof that the licence
for the dog has been issued for the current licence period, and paying the
applicable fee for each lost tag as prescribed in the Township's Tariff of Fees By-
law.
Article 8 - Dogs - General
8.1 The owner of every dog shall cause the dog to be licensed under this By-law in
accordance with the annual license fee in the Township's Tariff of Fees By-law,
and the owner of such dog shall provide proof of current rabies immunization.
8.2 No person shall keep, or permit to be kept, in or about an owner's property in the
Township, more than 3 dogs at any one time, with the exception of:
i. a registered and licensed shelter or pound;
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ii. a kennel;
iii. dogs under the age of four months.
8.3 No owner of a dog shall permit the dog to be at large in the Township. A dog shall
be deemed to be at large if it is found in any place other than the owner's property.
8.4 Every owner of a dog shall ensure that the dog is kept on a leash and under the
control of a person when the dog is on any land in the Township unless:
i. the land is the premises of the owner of the animal;
ii. the land is owned by a person who has given prior consent to the dog being off
the leash (e.g. leash free zone);
8.5 The owner of a dog shall forthwith remove, or cause to be removed, any
excrement left by the animal on land within the Township. The owner shall dispose
of the excrement in a proper refuse receptacle.
8.6 Every person who owns a dog shall remove from his or her premises, in a timely
manner, excrement left by the animal.
8.7 Article 8.6 does not apply to:
i. a handler of a service animal, where the handler is unable to remove the
excrement left by such dog due to physical disability or impediment; or
ii. a blind or visually impaired handler of a service animal if the excrement was left
while the dog was off the premises of the handler and during the course of
fulfilling its duties.
Article 9 - Dogs - Biting
9.1 No owner shall permit a dog to bite or attack a person or a domestic animal.
9.2 Where an Animal Control Officer has reason to believe that a dog is a biting dog,
an Animal Control Officer may issue and serve upon the owner an Animal Control
Order declaring the dog to be a biting dog.
9.3 A Committee shall be established to conduct a hearing related to appeals to
determine whether or not to exempt the owner in whole or in part from the Animal
Control Order.
9.4 An Animal Control Order declaring a dog to be a biting dog shall set out such
measures as are required by the owner of the dog to take in respect of such dog,
which may include the following requirements:
i. the owner shall, when the dog is not securely inside the owner's dwelling but is
otherwise on the owner's property, at all times keep the dog securely restrained
in one of the following manners so as to prevent the dog from escaping and to
prevent the dog from biting or causing injury to any person or domestic animal
entering onto the owner's property:
a. the dog shall be located within a securely fenced rear or side yard where the
fence is of sufficient dimension and design to prevent the dog from escaping
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from the yard, and any gate in such fenced yard shall be locked at all times
when the dog is in the fenced yard; or
b. the dog shall be located in a rear or side yard within a fully enclosed pen or
run of sufficient dimension, design and strength to be humane and to
prevent the dog from digging its way out of or otherwise escaping from the
enclosed pen or run; or
c. the dog shall be muzzled so as to prevent it from biting a person or
domestic animal and securely restrained within a rear or side yard by means
of a leash or chain to prevent the dog from escaping from the yard; and
d. the dog shall not be kept in the front yard of the owner's property.
ii. the owner shall securely attach a muzzle to the dog at all times when the dog is
in any place other than the owner's property;
iii. the owner shall keep the dog under the physical control of a person 18 years of
age or older by means of a non-retractable leash with a maximum length of 3
metres held by the said person at all times when the dog is in any place other
than the owner's property;
iv. the owner shall have a microchip implanted in the dog, and proof of the
implantation shall be supplied in writing to the Animal Control Officer within 30
calendar days of the issuance of the Animal Control Order, or on appeal, within
30 calendar days of the date of the Committee's decision, unless the
Committee exempts the owner of this requirement;
v. the owner shall provide to the Animal Control Officer a copy of all immunization
records of the dog within 48 hours of service of the Animal Control Order;
vi. the owner shall notify the Animal Control Officer within 48 hours of any changes
to the residency or ownership of the dog;
vii. the owner shall notify the Animal Control Officer within 48 hours of the death of
the dog.
9.5 Every Animal Control Order shall include a statement advising the owner of the
dog of the ability to make application for a hearing before the Committee in
accordance with the provisions of this By-law.
9.6 Unless varied by the Committee on an appeal, a requirement of an Animal Control
Order that the owner shall keep the dog leashed at all times when the dog is any
place other than the owner's property shall apply to and be deemed to include all
areas in the Township that may, from time to time, be designated as leashfree
zones.
9.7 An Animal Control Order may be served on the owner personally by handing it to
the owner, but where the Animal Control Order cannot be given or served by
reason of the owner's absence from the owner's property or by reason of evasion
of service, the Animal Control Order may be given or served, by:
i. leaving it at the owner's last known or usual place of abode with an occupant
thereof who appeared at least 16 years of age; or
ii. posting it in a conspicuous place upon some part of the owner's property and
by sending a copy by regular mail; or
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iii. sending it by prepaid registered mail to the owner at the address where he or
she resides.
9.8 An owner of a dog may apply for and is entitled to a hearing before the Committee
in respect of an Animal Control Order, provided the application for a hearing is
made in writing and delivered to the Clerk within 15 calendar days after the Animal
Control Order has been served.
9.9 An Animal Control Order takes effect when it is served on the person to whom it is
directed, and remains fully in effect unless it has been varied by the Committee.
9.10 In accordance with subsection 105(4) of the Municipal Act, 2001, an application
by the owner of a dog for a hearing under this By-law does not act as a stay of any
requirement imposed by an Animal Control Order.
9.11 Upon receipt of an application for a hearing pursuant to the provisions of this
Bylaw, the Clerk shall convene a meeting of the Committee and shall give the
owner of the dog at least 7 calendar days written notice of the hearing.
The Committee may:
i. confirm, vary, or reverse the declaration in an Animal Control Order that the
subject dog is a biting dog, as the case may be;
ii. confirm or vary any of the requirements of an Animal Control Order as the
Committee considers appropriate;
iii. exempt the owner of the dog in whole or in part from any of the requirements of
an Animal Control Order, subject to such terms and conditions as the
Committee considers appropriate;
iv. impose conditions which, if fulfilled to the satisfaction of the Committee, will
permit the Committee in its sole discretion to vary or exempt the owner from
some or all of the terms or restrictions in the Animal Control Order; or
v. combine any confirmation, variance, condition, or exemption of any of the
requirements in an Animal Control Order as the Committee considers
appropriate.
9.12 Any notice or document that has been served pursuant to the provisions of this By-
law by prepaid registered or regular mail shall be deemed to have been received
by the person to whom it is addressed on the 5th day after the day it is mailed.
9.13 No person shall:
i. fail to comply with an Animal Control Order;
ii. fail to restrain a dog that is required to be restrained pursuant to an Animal
Control Order;
iii. fail to muzzle a dog that is required to be muzzled pursuant to an Animal
Control Order; or
iv. fail to leash a dog that is required to be leashed pursuant to an Animal Control
Order.
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Article 10 - Exemptions
10.2 Nothing in this By-law shall apply to prohibit the keeping of an animal in the
following places or circumstances:
i. in a veterinary clinic or hospital under the care of a licensed veterinarian;
ii. by the OSPCA;
iii. by a non-profit animal rescue organization such as Lakefield Animal Welfare
Society (LAWS), the Animal Rescue Krew and the Kawartha Turtle Trauma
Centre.
iv. by the Humane Society;
v. in a retail pet shop, in relation to the keeping for sale or display of those
animals specified as an exception in Schedule "A";
vi. at an Agricultural Society event;
vii. by anyone licensed by the Provincial or Federal Government which permits the
keeping of animals under certain conditions;
viii. within educational facilities where animals are being kept for study, research or
teaching purposes;
ix. on the premises of a licensed circus, non-profit exhibition or commercial event,
or authorized parade or procession and during such parade or procession if
kept under control.
10.2 This By-law does not apply to a police dog actually engaged in law enforcement.
Article 11 - Enforcement
11.1 This By-law may be enforced by a person or class of persons designated by Bylaw
of the Council of the Township to enforce Township By-laws respecting animals
and includes an Animal Control Officer employed by the Humane Society and an
inspector or agent, authorized by the OSPCA under the provisions of the OSPCA
Act, a police officer or a By-law enforcement officer.
Article 12 - Offences
12.1 Every individual who contravenes any provision of this By-law, including those
contained in any of the Schedules, is guilty of an offence and on conviction liable to
a fine of not more than $5,000.00, exclusive of costs, under the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended; and
12.2 That any owner who contravenes any provision of this By-law will be responsible
for the inspection fees or costs incurred by the Township related to the
administration and enforcement of this By-law in accordance with the Township's
current Tariff of Fees By-law.
12.3 That any person who has unpaid fees/fines, if such amounts remain unpaid sixty
(60) days following notification of the amounts owing, the Township has the right to
collect any unpaid costs, including interest, as authorized by this By-law by adding
such charges to the tax roll where they may be collected in a like manner as
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municipal taxes, all of which is in accordance with Section 398 of the Municipal
Act, 2001, c. 25, as amended
Article 13 - Power of Entry
13.1 Pursuant to Section 436 of the Municipal Act, 2001, an Animal Control Officer,
and anyone under the Officer's direction, may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether or not the
requirements of the Animal By-law are being complied with.
Article 14 - Duty to Identify
14.1 Where an Animal Control Officer has reasonable grounds to believe that an
offence has been committed by a person, the Animal Control Officer may require
the name, address and proof of identity of that person and the person shall supply
the required information. A failure by the person to supply the required information
constitutes a hindrance or obstruction of the Animal Control Officer.
Article 15 - Severability
15.1 In the event any provision of this By-law is deemed invalid or void, in whole or in
part, by any court of competent jurisdiction, the remaining terms and provisions
shall remain in full force and effect unless the court makes an order to the contrary.
Article 16 - Transitional Provision
16.1 Notwithstanding the repeal of By-law 2001-2, and any amendments thereto, that
By-law shall continue to apply to any acts, omissions or occurrences, and to any
offences that took place prior to the enactment of this By-law.
Article 17 - Short Title
17.1 This By-law may be known as the "Animal By-law."
Article 18 - Interpretation
18.1 Whether any word, phrase or term defined in this By-law is capitalized or not, the
use of that word, phrase or term is a reference to the defined word, phrase or term.
Where the context requires, the plural shall mean the singular and vice versa.
Article 19 - Reference to Legislation
19.1 Reference to any legislation shall include any and all amendments made thereto.
19.2 Reference in any document to a By-law repealed by this By-law shall be deemed
to be reference to this By-law.
Article 20 - Effective Date and Repeal
20.1 This By-law and the attached Schedules come into effect on the day it receives
third reading.
20.2 By-law 2001-2, 2005-0132, 2009-093, By-laws for licencing and requiring the
registration of dogs and for prohibiting and regulating the running at large of dogs
is repealed on the date this Bylaw receives third reading.
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By-law read a first, second and third time this 10th day of December, 2019
Andy Mitchell, Mayor
Angela Chittick, Clerk
Corporate Seal
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Schedule "A" Prohibited Animals
Species
Specifics
Animals whose ownership is
prohibited under existing Provincial
and Federal legislation
Anseriformes
Including but not limited to ducks, geese,
swans, screamers (unless kept in
agricultural zones)
Artiodactyla
Including but not limited to camels,
giraffe, deer, elk (except goats, sheep,
pigs or cattle which must be kept in
agricultural zones and except Pot-bellied
pigs, Vietnamese pot-bellied pigs and
Kune Kune pigs)
Canidae
Except the domestic dog, but including
hybrid wolf dog or hybrid coyote dog
Chiroptera
Including but not limited to bats, myotis,
flying foxes
Columbidae
Including pigeons, doves
Crocodylia
Including but not limited to alligators,
crocodiles, gavials, caiman
Edentate
Including but not limited to anteaters,
sloths, armadillos
Erinacidae
Except African pygmy hedgehogs
Felidae
Except the domestic cat
Galliformes
Including but not limited to chickens,
turkeys, grouse, peacock (except
chickens and turkeys kept in agricultural
zones)
Hyaenidae
Hyenas
Hyracoidea
Hyrax
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Species
Specifics
Lagomorpha
Including but not limited to hares, pikas
(except domestic rabbits)
Lizards which reach an adult length
larger than 2 meters
From snout to the tip of the tail
Marsupiala
Including but not limited to kangaroos,
possums and sugar gliders (except sugar
gliders derived from self-sustaining
captive population)
Mustelidae
Including but not limited to skunks,
weasels, otters, badgers (except
domestic ferrets derived from
selfsustaining
captive population)(except
descented domestic skunks)
Perissiodactyla
Including but not limited to zebra, tapir
(except horses, donkey or asses kept in
agricultural zones)
Pholidota
Pangolin
Pinnipedia
Including but not limited to seals, sea
lions, walruses
Poisonous or venomous animals
Including but not limited to spiders,
snakes, lizards, insects
Primates
Including but not limited to gorillas,
monkeys, lemurs, apes
Proboscidae
Including but not limited to elephants,
rhinoceros, hippopotamus
Procyonidae
Including but not limited to raccoon,
panda, coatimundi
Raptors
Including but not limited to hawks, eagles,
kites, harriers, osprey, owls, vultures,
buzzards
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Species
Specifics
Rodents
Including but not limited to porcupines,
prairie dogs, nutria (except rodents which
do not exceed 1500 grams and are
derived from self-sustaining captive
populations such as chinchillas,
hamsters, gerbils, mice, rats, guinea pigs)
Sciuridae
Squirrels, flying squirrels, red squirrels
Snakes which reach an adult length
larger than 3 metres
From snout to the tip of the tail, including
but not limited to Green Anaconda,
Yellow Anaconda, Reticulated Python,
African Rock Python, Burmese Python,
Indian Python, Amethyst Python.
Struthioniformes
Including but not limited to cassowaries,
rhea, ostrich, emu, kiwi
Ursidae
Bears
Viverridae
Including but not limited to mongoose,
civet, genet
Wild animals brought captive
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Schedule "B"
Township of Selwyn Appeals Committee - Animal Control Orders
Terms of Reference
Recitals
a. Dog Owners who receive an Animal Control Order, issued under the
authority of the Township of Selwyn Animal Control By-law, may
appeal that Order to the Selwyn Appeals Committee.
b. The purpose of the Township of Selwyn Appeals Committee is to
provide a timely and final determination concerning the content of
Animal Control Orders.
c. The members appointed to the Township's Property Standards
Committee shall act as the Selwyn Appeals Committee with respect
to Animal Control Orders.
1.0
Purpose of the Committee
1.1
The Township of Selwyn Appeals Committee (the "Committee") has the
responsibility to hear and determine all appeals of Animal Control Orders in
the Township of Selwyn under the provisions of the Municipal Act, 2001
and By-law 19-104 (the "Animal By-law").
1.2
On an appeal, the Committee has the authority to do any of the following
things if, in the Committee's opinion, it would be reasonable to do so
based on its assessment of the evidence presented:
a. confirm, vary or reverse the declaration in an Animal Control Order
that the subject dog is a biting dog;
b. confirm or vary any of the requirements of an Animal Control Order;
c. exempt the owner of the dog in whole or in part from any of the
requirements of an Animal Control Order, subject to such terms and
conditions as the Committee considers appropriate;
d. impose conditions which, if fulfilled to the satisfaction of the
Committee, will permit the Committee in its sole discretion to vary or
exempt the owner from some or all of the terms or restrictions in the
Animal Control Order; or
e. combine any confirmation, variance, condition, or exemption of any of
the requirements in an Animal Control Order as the Committee
considers appropriate.
2.0
Operation of the Committee
2.1
Hearings by the Committee are attended by Committee members. Animal
Control Officers, witnesses, and applicants and/or their representatives.
2.2
The Committee shall establish its own rules and of practice and procedure and
the Committee may accept and weigh evidence in such manner as it deems fair,
reasonable and expeditious.
2.3
The written decision of the Committee is final.
2.4
The decision of the Committee need not be unanimous, and in the event of a split
decision, the majority decision shall be the Committee's final decision.
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2.5
No appeal shall be heard and determined unless at least 3 Committee members
are present for the entire hearing.
2.6
In the event that a majority of Committee is satisfied that the appellant and/or the
Animal Control Officers were provided with reasonable notice of the hearing, and
if one or more of the appellant or the Animal Control Officer is not present at the
hearing, the Committee may:
a. Adjourn the hearing to another date; or
b. Confirm the existing Animal Control Order.
2.7
Only in extraordinary circumstances, which are within the Committee's discretion
to determine, shall more than one adjournment be granted to an appellant.
3.0
Term of Office
3.1
The appointed members of the Committee shall hold office for a term concurrent
with the term of Council, but every member shall continue in office until his/her
successor is appointed.
3.2
Any member of the Committee whose term of office has expired is eligible for
reappointment.
3.3
When a member ceases to be a member before the expiration of his or her term,
Council will appoint another eligible person for the unexpired portion of the term.
4.0
Composition of the Committee
4.1
The Committee shall consist of at least 3 members.
4.2
The Committee will select a Chair. A designated Township member shall act as
Secretary.
5.0
Role of Committee Members
5.1
It is the duty of the Chair to:
a. preside at all hearings of the Committee;
b. call the hearing to order;
c. swear in the Animal Control Officer, appellant and all witnesses; and
d. determine in conjunction with the other Committee members the Committee's
procedure.
5.2
It is the duty of the Secretary to:
a. ensure that the appellant and the Animal Control Officer who issued the
Animal Control Order are informed of the hearing date at least 7 calendar
days prior to the hearing.
b. keep records of all official business of the Committee, including records of all
appeals and copies of all decisions respecting each appeal;
c. issue the Committee's decision within a reasonable time period; and
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d. concurrent with the issuance of the Committee's decision, inform the dog
owner and the Peterborough Humane Society, or any successor organization
thereto, of the Committee's decision.
6.0
Remuneration
6.1
Members of the Committee shall be remunerated in accordance with the
Township's remuneration policies.
7.0
Meetings
7.1
The Committee shall meet as required to consider appeals that have been filed
with the Township.
7.2
Meetings of the Committee shall be held at Township Municipal Office or such
other location within the Township, as the Committee deems advisable.
8.0
Conflict of Interest
8.1
Members of the Committee shall exercise their duties ethically and identify and/or
avoid potential conflicts of interest.