Exotic and Prohibited Animals By-law No. 95-212 (as amended by 2013-252) — full text

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D CITY OF ST. CATHARINES BY-LAW NO. 95-,Z/)._,; A By-law to regulate the keeping of animals. WHEREAS the Council of The Corporation of the City of St. Catharines desires to control the ownership of animals within the City of St. Catharines; AND WHEREAS the Council wishes to exercise any legislative authority available to it to enact such a by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. CATHARINES enacts as follows: 1. For the purposes of this by-law: (a) "At 1 arge" sha 11 mean: on 1and other than the 1and of the owner of the animal and unrestrained by a leash or tether. {b) "By-law enforcement officer" means: (i) any employee of the Lincoln County Humane Society, {ii) any employee of the Corporation of the City of St. Catharines, and {iii) any officer of the Niagara Regional Police Force. {c) "Keeper" includes: (i) any person who resides in a residential unit located upon lands upon which or within which an animal is kept or harboured; ( i i) any person who owns the 1and upon which an anima 1 is kept or harboured. {d) "residential unit" shall mean: a building or part of a building that, (i) consists of a self-contained set of rooms located in a building or structure, (ii) is used or intended for use as a residential premises, (iii) contains kitchen and bathroom facilities that are intended for the use only of the unit, and (iv) has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit. - 2 2. (a) No person shall keep or harbour any of the animals listed in Schedule "A" of this By-law on any lands on which an agricultural use is a permitted pursuant to the Zoning By-laws of The Corporation of the City of St. Catharines. (b) No person shall keep or harbour on any other lands within the geographic boundaries of the City of St. Catharines any of the animals listed in Schedule "B" of this By-law. 3. The provisions of this By-law shall not apply to: (a) an animal hospital or clinic which is lawfully operated and supervised by a veterinarian licensed by the Ontario Veterinary Association; (b) a shelter lawfully operated by the Lincoln County Humane Society; (c) this corporation or any other government authority while lawfully operating a public park, exhibit, or zoological garden, and maintaining animals therein; (d) any person in charge of a travelling circus, exhibition, or road show and any employee thereof lawfully displaying animals within the City of St. Catharines; (e) persons operating premises registered as research facilities under Section 5 of the Animals for Research Act R.S .O. 1990 c. A.22 as amended; (f) any person licensed or exempted as an operator or any employee of such operator of an animal supply facility in accordance with Section 3 of the Animals for Research Act R.S.O. 1990 c. A.22 as amended; (g) a person who operates an elementary or secondary school that contains a research facility exempted from the registration requirements of the Animals for Research Act R.S.O. 1990 c. A.22 by the regulations promulgated pursuant to that Act; (h) any person who lawfully operates, or who is employed by an establishment which lawfully carries on the business of supplying animals to elementary schools, secondary schools, universities or provincial institutions. -3 4. In the event that any animal is a threat to any person or property, a by-law enforcement officer is entitled to take whatever steps are required to terminate the threat including destroying the animal. 5. Notwithstanding Section 3 above the following provisions shall apply in the event that any animal is found to be at large within the geographic boundaries of the City of St. Catharines: (a) ABy-law enforcement officer may impound any animal that is found at large. (b) If an impounded animal is not claimed by the owner of that animal within fifteen (15) days of that animal first being impounded, the City or its agents may sell or destroy the animal. (c) The costs of impounding an animal shall be borne by the owner of that animal. (d) An impounded animal shall not be returned to the owner of the animal until all fines and expenses associated with the impounding of that animal are paid. (e) If the owner of an impounded animal is unwilling or unable to pay any fine or expense associated with the impounding of that animal, the City or its agent may sell that animal and apply the monies received from that sale to those fines and expenses. 6. Any person who contravenes any provision of this by-law is guilty of an offence an subject to the penalties provided for such an offence by the law of the Province of Ontario. I 9 -r;, 1995. READ a second time this I 9 -rA day of J u n e_.. 1995. READ a third time and passed this 11-M day of ..Ju..ne.- 1995. READ a first time this day of SCHEDULE "A" TO BY-LAW NO. 95-,Z/J...; Any venomous Reptilia (such as venomous snakes and lizards) All Ursidae (bears) All Felidae, except the domestic cat All Hyaenidae (such as hyaenas and aardwolves) All non-human Primates (such as gorillas and monkeys) All Canidae, except the domestic dog Notwithstanding the above, any animal raised as part of an animal husbandry operation shall be permitted in the agricultural area. . ~ SCHEDULE "B" TO BY-LAW NO. '/5-,Z/,2; All Arachnida (such as tarantulas) All Monotremata (such as platypuses and echidnas) All Marsupialia (such as kangaroos and opossums) All non-human Primates (such as gorillas and monkeys) All Felidae, except the domestic cat All Canidae, except the domestic dog All Mustelidae (such as skunks, weasels, otters, and badgers) except the domestic ferret All Ursidae (bears) All Hyaenidae (such as hyaenas and aardwolves) All Edentata (such as anteaters, sloths and armadillos) All Artiodactyla (such as goats, sheep, pigs and cattle) except pot bellied pigs All Perissodactyla (such as the domestic horse, mule and ass) All Proboscidea (elephants) All Chiroptera (bats) All Otariidae (such as sea lions and fur seals) All Odobenidae (walrus) All Phocidae (earless seals) All Sirenia (such as manattees and dugongs) All Mysticeti (such as white whales and grey whales) All Odontoceti (such as dolphins, sperm whales and belugas) All Sphenisciformes (penguins) All Struthioniformes (ostriches) All Rheiformes (rheas) All Casuariiformes (cassowaries and emus) All Apterygiformes (kiwis) All Gaviiformes (loons) All Anseriformes (such as ducks, geese and swans) Any animal, bird, amphibian or reptile other than a domestic dog which is not housed within the residential unit of the owner of the animal.