Animal Control By-law 71-2011 (Consolidated July 2021)
St. Thomas, Ontario
· adopted 2011-05-16
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CITY OF ST. THOMAS
BY-LAW NO. 71-2011
A By-Law to provide for the registering, licensing, restricting and prohibiting the running
at large of Dogs, Cats and Animal within the City of St. Thomas/Animal Control Bylaw.
AS AMENDED BY:
By-Law No. 34-2012 March 12th, 2012
By-Law No. 42-2017 March 20th, 2017
By-Law No. 95-2017 June 19th, 2017
By-Law No. 46-2019 April 15th, 2019
By-Law No. 115-2021 July 12, 2021
CITY OF ST. THOMAS
BY-LAW NO. 71-2011
A By-Law to provide for the registering, restricting and prohibiting the running at large of
Dogs, Cats and Animal within the City of St. Thomas/Animal Control Bylaw.
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 provides that a
municipality may pass a by-law to regulate animals;
AND WHEREAS pursuant to the provisions of the Municipal Act, 2001, Section 103,
states where a municipality has passed a by-law to regulate or prohibit with respect to the
being at large or trespassing of animals, the municipality may provide for the seizure
impounding and sale of seized and impounded animals;
AND WHEREAS Section 391 of the Municipal Act, 2001, as amended, provides that a
municipality may pass bylaws imposing fees or charges for services;
AND WHEREAS The Corporation of the City of St. Thomas deems it appropriate to
charge a fee to Owners of animals for the provision of the service of animal control;
AND WHEREAS the Council of The Corporation of the City of St. Thomas deems it
appropriate to provide animal control for the health and safety of the public.
THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. THOMAS ENACTS AS
FOLLOWS:
1.0 DEFINITIONS
In this By-law:
"Animal" includes birds and reptiles, and all other animals except Dogs, Cats and Feral
Cats.
"Building Containing One Dwelling Unit" means one Dwelling Unit from basement to
roofline contained within a structure, regardless if the structure is connected to other units
by common wall or roof.
"Cat" means a male or female Cat (felis Catus) of any age and includes a Feral Cat.
"Cattery" means a lot, building, structure or establishment in which three or more Cats
are housed, boarded or bred.
"Cat Colony Program" shall mean the management of a Feral Cat from the City animal
shelter by placing them into an organized and specified area (B/L 34-2012).
"City" means The Corporation of the City of St. Thomas.
"Council" means the Municipal Council of the Corporation of the City of St. Thomas.
"Dog" means male or female Dog of any age.
"Dangerous Dog" means:
(i) a Dog that, in the absence of any Mitigating Factor, has attacked, bitten, or
caused injury to a person or has demonstrated a propensity, tendency or
disposition to do so;
(ii) a Dog that, in the absence of any Mitigating Factor, has caused an injury to a
Dog, Cat or domestic Animal requiring treatment by a veterinarian; or
(iii) a Dog, previously designated as a Potentially Dangerous Dog, which is kept or
permitted to be kept by its Owner in violation of the requirements
under
this
By-law for such Dog.
"Dwelling Unit" means one or more habitable rooms occupied or designed to be occupied
by one or more persons as an independent and separate housekeeping establishment
within which separate kitchen and sanitary facilities are provided for the use of such
persons.
"Dwelling Unit Owner" means a person who holds registered legal title of said Dwelling
Unit.
"Dwelling Unit Renter" means a person who occupies a Dwelling Unit but does not own
said Dwelling Unit.
"Fostering" means the possession or harbouring of a Cat and/or Kitten(s), not owned by
any person, for a temporary period of not more than one year for a Cat and not more than
twelve weeks from the date of birth for Kitten(s), where permitted under this By-law.
"Feral Cat" means a male or female Cat of any age that is undomesticated; that, in
general, receives little human contact or care and lives outdoors or unconfined at all times.
"Kennel" means a lot, building, structure or establishment in which three or more Dogs
are housed, boarded or bred.
"Kitten" means a juvenile Cat twelve weeks of age or younger.
"Litter" means Kittens or Puppies which are dependent on the mother Cat or Dog for
existence.
"Mitigating Factor" means a circumstance which excuses aggressive behavior 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 behavior, acting in defence to an
attack from a person or a Dog, Cat or Animal;
(ii)
the Dog was, at the time of the aggressive behaviour, acting in defence of
its young or to a person or Dog, Cat or Animal trespassing on the property
of its Owner; or
(iii)
the Dog was, at the time of the aggressive behaviour, being teased,
provoked or tormented.
"Municipal Law Enforcement Officer" means a person appointed by the Council of the City
of St. Thomas to enforce the provisions of this By-law, to act as a license inspector and
to act in the operations of the City pound and shall also include an officer of the St.
Thomas Police Services.
"Muzzle" means a humane fastening or covering device of adequate strength placed over
a Dog's mouth to prevent it from biting.
"Owner" of an Animal, a Dog, or Cat includes any person, who possesses or harbours a
Dog, Cat or Animal and "owns", "owned" and "ownership" have a corresponding meaning.
"Potentially Dangerous Dog" means
(i)
a Dog that, in the absence of any Mitigating Factor, chases or approaches
any person, Dog, Cat or domestic Animal anywhere other than on the
property of the Dog's Owner, in a menacing fashion or apparent attitude of
attack including, but not limited to behaviour such as growling or snarling;
or
(ii)
a Dog, the Owner of which has been convicted on at least three occasions
for such Dog being at large in the municipality.
"Poundkeeper" means the person designated from time to time by the Council of the City
of St. Thomas to act as operator of the City pound, or an authorized delegate designated
by the Poundkeeper.
"Puppy" means a juvenile Dog twelve weeks of age or younger.
"Recognized Animal Welfare Organization" means a) Animal Aide of St. Thomas-Elgin
and b) Pets/Friends for Life.
"Redemption Period" means the minimum period for which a Dog, Cat or Animal shall be
held unless released sooner to its Owner, which period shall be the first three (3) days
following impoundment, excluding the day on which the Dog or Cat was impounded.
Holidays or other days when the pound office is not open to the public shall not be
included in calculating the redemption period.
"Running at Large" means a Dog, Cat or Animal being found not under leash to a person,
not leashed to a structure, or not otherwise under the physical control of any person,
unless the Dog, Cat or Animal is on the lands of its Owner or of a person who has
consented to it being on his lands while it is unleashed.
"Service Animal" means a Dog, Cat or other Animal for which a person with a disability,
as defined by the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11,
provides a letter from a regulated health professional listed in 80.45(4)(b) of Ontario
Regulation 191/11 (as amended or succeeded by further regulations) which confirms that
the person requires the Dog, Cat or Animal for reasons relating to the disability. (B/L 46-
2019)
"Tether" means a rope or similar restraining device, by which an animal is fastened to a
fixed object so as to limit its range of movement (B/L 42-2017)
"Trap, Spay, Neuter and Release Program" shall mean the capture of a Feral Cat by
trapping, the spaying or neutering of the captured Cat and the release of the captured Cat
at the point of capture, where permitted under this By-law.
2.0 ANIMAL CONTROL
2.1
No Owner of any Dog, Cat or Animal shall suffer or permit such Dog, Cat or Animal
to run at Large within the City of St. Thomas.
2.2
Any Dog or Cat found Running at Large in the City of St. Thomas in a public place
or on privately owned property without the consent of the owner(s) of that property
may be seized by any Municipal Law Enforcement Officer and may be impounded.
2.3
Every Owner and person having supervision of a Dog, Cat or Animal shall leash
the Dog, Cat or Animal, unless the Dog, Cat or Animal is on his lands or on lands
of a person who has consented to it being on that persons lands while it is
unleashed.
2.4
Every leash used for restraining any Dog, Cat or Animal shall be substantially
constructed or composed of strong material and shall be capable, at all times, of
securely restraining such Dog, Cat or Animal.
2.5
No leash shall exceed 1.8 metres in length.
2.6
Every Owner and person having supervision of a Dog, Cat or Animal shall forthwith
remove and dispose of any excrement left by the Dog, Cat or Animal on any
property in the City of St. Thomas other than such person's own property.
2.7
No Owner shall permit his Dog, Cat or Animal to attack any domestic Dog, Cat or
Animal, or to fight with another Dog, Cat or Animal.
2.8
No Owner or person having supervision of a Dog, Cat, or Animal shall permit it to
trespass on any privately owned property. A Dog, Cat, or Animal shall be deemed
to be trespassing unless the property owner has consented to it being on that
person's lands.
2.9
An Owner of a Dog, Cat or Animal when such Dog, Cat or Animal is on the property
of the Owner or on the privately owned property of another person with such
person's consent, shall keep the Dog, Cat or Animal from leaving any such
property on its own by means of:
- an enclosure;
- the use of electronic devices such as an invisible electric fencing and
collars;
- containment within a fenced area; or
- a Tether, subject to Section 6.5 of this By-law. (B/L 46-2019)
2.10 There shall be established a pound for Dogs and Cats within the City of St. Thomas
and the Council shall appoint from time to time a Poundkeeper to operate such
pound in accordance with the Animals for Research Act, R.S.O. 1990,c.A 22 and
regulations under said Act, as amended.
2.11 Any Dog or Cat impounded under this By-law by a Municipal Law Enforcement
Officer shall be dealt with by such officer pursuant to the provisions of the Animals
for Research Act, R.S.O. 1990, c. A. 22, and Regulations made pursuant to said
Act.
2.12 The Owner of any Dog or Cat impounded under this By-law may within the
Redemption Period, and thereafter if the Dog or Cat has not been sold or
destroyed, reclaim the Owner's Dog or Cat on application to the Poundkeeper and
possession of the Dog or Cat may be returned to the Owner upon the Owner
providing:
- proof of Ownership of such Dog or Cat to the satisfaction of such Municipal
Law Enforcement Officer; and
- payment of the pound fees, as shown in Appendix "A" for each day and part
day for which the Dog or Cat has been impounded; and
- on payment of the cost of any inoculation given under section 2.20 of this
By-law and the costs incurred for the provision of any veterinary or other
special care or services required for such Dog or Cat after it was seized for
impoundment. (B/L 115-2021)
2.13 Female - in heat. Any female Dog or Cat found to be Running at Large in heat,
(oestrus), shall be held at the pound until no longer in heat, but in any case not
longer than twenty one (21) days. The Owner shall pay the pound fees as shown
in Appendix "A" for such period of impoundment, and any application for
redemption under Section 2.12 shall not be effective until expiry of the holding
period under this Section.
2.14 When any Dog or Cat is held in the pound at the request of the Medical Officer of
Health, a Judge or a Justice of the Peace, the Owner of the Dog or Cat shall pay
the pound fees as shown in Appendix "A" for such period of impoundment, and the
other costs referred to in Section 2.12.
2.15 Any Dog or Cat impounded under any provision of this By-law, except those
impounded under section 2.14, may, after expiry of the Redemption Period or the
extended holding period under Section 2.13, be sold by the Poundkeeper to a
research facility or for adoption pursuant to the provisions of the Animals for
Research Act, R.S.O. 1990,c.A 22, and Regulations made pursuant to said Act,
upon payment by the purchaser of the pound fees as shown in Appendix "A"
together with the inoculation, veterinary and special care costs referred to in
Section 2.12, if any. (B/L 115-2021)
2.16 Except where a Dog or Cat is impounded pursuant to the provisions of section 2.14
any person depositing any Dog or Cat with the Poundkeeper for euthanasia or
disposition thereof, shall pay the Poundkeeper a fee as shown in Appendix "A"
and, except where the Owner has paid the fee for euthanasia, such Dog or Cat
may be sold to a research facility or for adoption pursuant to the provisions of the
Animals for Research Act, R.S.O. 1990,c.A 22, and Regulations made pursuant to
said Act upon payment by the purchaser of the pound fee as shown in Appendix
"A", together with the inoculation, veterinary and special care costs referred to in
Section 2.12 if any. (B/L 115-2021)
2.17 All fees, costs and charges payable pursuant to this By-law with respect to Dogs
or Cats shall be collected by or paid over to the Poundkeeper who shall pay over
the same to the City Treasurer and they shall belong to the City.
2.18 The Poundkeeper shall cause to be maintained the records required by
Regulations pursuant to the Animals for Research Act, R.S.O. 1990,c.A 22, and
such other records as may be reasonably required for the administration by this
By-law.
2.19 Where a Dog or Cat which has been seized for impoundment is ill or injured and,
in the opinion of a Municipal Law Enforcement Officer, is incapable of being so
cured or healed as to live thereafter without suffering, such officer may dispose of
the Dog or Cat in a humane manner as soon after seizure as the officer thinks fit
without permitting any person to reclaim the Dog or Cat, and without offering it for
sale, and no damages or compensation shall be recoverable by the Owner of the
Dog or Cat on account of such disposition by the Municipal Law Enforcement
Officer.
2.20 Any Dog or Cat impounded for any reason under this By-law that is not wearing a
veterinary tag for the current year or other means of identification may be given
an inoculation to provide immunization against rabies. (B/L 115-2021)
2.21 Where a Dog, Cat or Animal is impounded but kept in a facility other than the City
pound in accordance with any contract with the City or purchase of service by the
City, the Owner of such Dog, Cat or Animal shall be liable for the pound fees as
shown in Appendix "A" and also other costs incurred by the City for appropriate
care, to the extent such other costs exceed the pound fees, and shall pay all such
fees to the Poundkeeper on demand. If in the discretion of a Municipal Law
Enforcement Officer, Animals are impounded for Running at Large or otherwise
under this By-law, such Animals shall be housed in a facility deemed by a Municipal
Law Enforcement Officer to be suitable to the species and condition of the Animal.
2.22 Where an Animal which has been seized by a Municipal Enforcement Officer is ill
or injured and, in the opinion of a Municipal Law Enforcement Officer, is incapable
of being so cured or healed as to live thereafter without suffering, such officer may
dispose of the Animal in a humane manner as soon after seizure as the officer
thinks fit, without permitting any person to reclaim the Animal, and without offering
such Animal for sale, and no compensation or damages shall be recoverable by
the Owner of the Animal on account of such disposition by the Municipal Law
Enforcement Officer.
2.23 Notwithstanding the definition of Running at Large in this By-law the following
Animals, namely Pythons, Boa Constrictors, Venomous Snakes and Scorpions
shall also be deemed to be Running at Large when observed on the person of an
individual having apparent care and control thereof, if found in any highway,
sidewalk, park or other public place or if found on any privately owned property
without the consent of the owner of that property.
2.24 Without detracting from Section 2.1 and 2.2, a Trap, Spay Neuter and Release
Program may be authorized by the City if undertaken by a Recognized Animal
Welfare Organization. The point of capture and release for a Trap, Spay Neuter
and Release Program shall be subject to prior approval by the Poundkeeper, which
approval shall not be unreasonably withheld. (B/L 34-2012)
2.25 Without detracting from Section 2.1 and 2.2, a Cat Colony Program may be
authorized by the City if undertaken by a Recognized Animal Welfare Organization.
The specified area for placing a Feral Cat shall be subject to prior approval by the
Poundkeeper, which approval shall not be unreasonably withheld. (B/L 34-2012)
3.0 MAXIMUM NUMBER OF ANIMALS
3.1
No land, building or structure in the City of St. Thomas shall be used for the keeping
of Dogs or Cats except a Dwelling Unit, a veterinary clinic, a retail store selling
Dogs or Cats or a Kennel or Cattery as specifically described under this By-law.
3.2
No Building Containing One Dwelling Unit, which is occupied by the Dwelling Unit
Owner in the City of St. Thomas shall, be used for the keeping of more than three
Dogs or three Cats nor a combination thereof totalling more than three.
3.3
No Building Containing One Dwelling Unit, which is occupied by a Dwelling Unit
Renter in the City of St. Thomas, shall be used for the keeping of more than two
Dogs or two Cats nor a combination thereof totalling more than two, except that
with permission of a Dwelling Unit Owner or such owner's representative a
Dwelling Unit Renter may keep one additional Dog or one additional Cat for a
combination thereof totalling not more than three.
3.4
No Dwelling Unit in a building containing two Dwelling Units in the City of St.
Thomas shall be used for the keeping of more than two Dogs or two Cats per
Dwelling Unit or a combination thereof totaling more than two per Dwelling Unit.
3.5
No Dwelling Unit in a building containing more than two Dwelling Units shall be
used for the keeping of more than one Dog or one Cat for a total of one per Dwelling
Unit.
3.6
Notwithstanding sections 3.2, 3.3, 3.4 and 3.5 of this By-law, Puppies and Kittens
may be kept with the mother Dog or Cat for a period not exceeding 12 weeks
following birth.
3.7
Notwithstanding Sections 3.2, 3.3, 3.4 and 3.5 of this By-law, one additional Cat
or a Cat and Kitten(s) may be Fostered in a Dwelling Unit authorized and approved
by a Recognized Animal Welfare Organization as evidenced by the signature of
the president of such organization on the Application For Fostering form,
"Appendix "C" of this Bylaw, which shall be completed in triplicate, one of which
shall be submitted to the Poundkeeper. Fostering by any Dwelling Unit Renter shall
not be permitted unless the Dwelling Unit Owner has given permission. Fostering
shall allow for the temporary housing of one Cat or a Cat and up to nine of her
Kitten(s) beyond the limits prescribed in sections 3.2, 3.3, 3.4 and 3.5 such that
the total in excess of the applicable limit is never more than 1 adult Cat and nine
Kittens. (B/L 46-2019)
3.8
Notwithstanding any other provision of this By-law no person shall keep more than
two (2) Service Animals on any privately owned property, containing one or two
Dwelling Units and in the case of a building containing more than two Dwelling
Units up to one (1) Service Animal per Dwelling Unit may be kept in each Dwelling
Unit provided that in all cases the facilities are adequate to accommodate the
Animal in a manner that will comply fully with the requirements set out in Section
6.3 and 6.4 of this By-law. (B/L 46-2019)
3.9
No person shall keep, or permit to be kept, more than six rabbits on any privately
owned property within the City of St. Thomas.
3.10 No person shall keep, or permit to be kept, pigeons in the City of St. Thomas except
persons qualified and recognized in accordance with this By-law, who shall not
keep more than 75 pigeons on any privately owned property.
4.0 CATTERY OR KENNEL REGISTRATION
4.9
All persons operating or intending to operate a Kennel of Dogs or Cattery of Cats
shall make application to the City for a Kennel or Cattery permit.
4.10 All Kennel or Cattery applications shall be accompanied by the following
information;
- name and address of Kennel or Cattery owner;
- location of Kennel or Cattery;
- proof of zoning approval for Kennel or Cattery at said location;
- the applicable Kennel or Cattery permit fee as set out in Appendix "A".
4.11 Prior to February 15th in each year the owner of every Kennel or Cattery shall pay
an annual permit fee as set out in Appendix "A" of this By-law as a fee for the
Kennel or Cattery.
4.12 As a condition of retaining the Kennel or Cattery permit, the owner of every Kennel
or Cattery shall remove or cause to be removed all droppings and soiled bedding
from which odour may arise, not less than weekly during the period November 1st
to March 31st inclusive and daily during the other months. Failure to do so shall be
an offence under this By-law and may also result in revocation of the permit by a
Municipal Law Enforcement Officer.
(B/L 115-2021)
5.0 DANGEROUS DOGS
5.1
The Poundkeeper may either on his own initiative, or as a result of a complaint
received from a resident of the City of St. Thomas, conduct an inquiry into whether
a Dog should be designated a Potentially Dangerous Dog or a Dangerous Dog, as
the case may be.
5.2
The Poundkeeper may designate a Dog as a Potentially Dangerous Dog, and the
Poundkeeper shall thereupon serve written notice upon the Owner of such Dog
requiring the Owner, upon receipt of such notice, to comply with any or with all of
the following requirements:
(i)
to keep such Dog, when it is on the lands and premises of the Owner,
confined:
a. within the Owner's dwelling; or
b. in an enclosed pen of sufficient dimension and construction to
provide humane shelter for the Dog while preventing it from escaping
therefrom and preventing unsupervised children from entering
therein; or
c. by physical restraint of the Dog by chain or other similar means.
(ii)
to securely attach a Muzzle to such Dog at all times when it is not confined
or restrained by a chain or other similar means on the property of the Owner
or on the property of another person with such person's consent to be
present without a muzzle;
(iii)
to obtain and maintain in force a policy of public liability insurance issued by
an insurer licensed by the Province of Ontario providing third party liability
coverage in an amount of not less than One Million ($1,000,000) Dollars for
any damage or injury caused by such Potentially Dangerous Dog and to
provide to the Poundkeeper a certificate of such policy and each
subsequent renewal thereof, and such policy shall contain a provision
requiring the insurer to immediately notify the Poundkeeper should the
policy expire, be cancelled or be terminated for any reason; and/or
(iv)
to permit the Poundkeeper to insert a microchip implantation in such Dog,
at the Dog Owner's expense, for the purpose of identifying such Dog as a
Potentially Dangerous Dog.
5.3
The Poundkeeper may designate a Dog as a Dangerous Dog, and the
Poundkeeper shall thereupon serve written notice upon the Owner of such Dog
requiring the Owner, upon receipt of such notice, to comply with all of the following
requirements:
(i) to keep such Dog confined
- within the Owner's Dwelling Unit, or
- on the Owner's property in an enclosed pen of sufficient dimension and
construction to provide humane shelter for the Dog while preventing it from
escaping therefrom and preventing unsupervised children from entering
therein;
(ii) to securely attach a Muzzle to such Dog at all times when, for essential
transportation or other necessity, it is not confined in accordance with
Section 5.3(i);
(iii) to obtain and maintain in force a policy of public liability insurance issued
by an insurer licensed by the Province of Ontario providing third party
liability coverage in an amount of not less than One Million ($1,000,000)
Dollars for any damage or injury caused by such Dangerous Dog and to
provide to the Poundkeeper a certificate of such policy and each
subsequent renewal thereof, and such policy shall contain a provision
requiring the insurer to immediately notify the Poundkeeper should the
policy expire be cancelled or be terminated for any reason; and
(iv) to permit the Poundkeeper to insert a microchip implantation in such
Dog for the purpose of identifying such Dog as a Dangerous Dog.
5.4
The notice referred to in Sections 5.2 and 5.3 shall include:
(i) a statement that the Poundkeeper has reason to believe that the Dog is
a Potentially Dangerous or a Dangerous Dog, as the case may be;
(ii) the requirements that the Owner must comply with in accordance with
this By-law and when such requirements take effect; and
(iii) a statement that within three (3) working days after receipt of the
Poundkeeper's notice, the Owner may request and is entitled to a hearing
by a committee designated by the Council which may affirm or rescind the
Poundkeeper's designation of the Owner's Dog as Potentially Dangerous,
or Dangerous as the case may be, and that such committee may substitute
its own designation or its own requirements of the Owner of a Potentially
Dangerous Dog pursuant to Sections 5.2. (i) to (iv) or Dangerous Dog
pursuant to Sections 5.3 (i) to (iv).
5.5
Where the Owner of a Dog who receives a notice from the Poundkeeper
designating such Dog as a Potentially Dangerous Dog, or as a Dangerous Dog, so
requests in writing to the City Clerk of the City within three (3) working days of
receipt of such notice, a committee of Council, to be known as the "Dangerous
Dog Appeal Committee", shall hold a hearing pursuant to the provisions of the
Ontario Statutory Powers Procedure Act, R.S.O. 1990, c.S.22 within fifteen (15)
working days of the City Clerk's receipt of the request for a hearing, and such
committee may in its discretion decide to do any of the following:
(i) affirm or rescind the Poundkeeper's designation of the Dog as a
Potentially Dangerous Dog or as a Dangerous Dog, as the case may be;
(ii) substitute its own designation of the Dog as Potentially Dangerous Dog
or as a Dangerous Dog; and/or
(iii) substitute its own requirements of the Owner of a Potentially Dangerous
Dog pursuant to Sections 5.2. (i) to (iv) or a Dangerous Dog pursuant to
Sections 5.3 (i) to (iv).
5.6
(i) Compliance with the requirements under Sections 5.2 and 5.3 imposed by the
Poundkeeper pursuant to this By-law shall not be mandatory until either the time
for appeal under Section 5.5 has elapsed without the Dog Owner requesting
such an appeal pursuant to that section or until the Dangerous Dog Appeal
Committee has made its order regarding such requirements, whichever occurs
earlier.
(ii) Where, by determination of the Poundkeeper, or if such determination is
appealed upon resolution of such appeal in the City's sole discretion pursuant to
Section 5.5, the City has determined that a Dog is a Dangerous Dog for the
purposes of this By-law, the City shall upon such determination either impound the
said Dog at the Owner's expense for a maximum of 10 days or order the Owner of
the said Dog to impound the Dog on the Owner's property for 10 days or until such
earlier time that the Owner of the said Dog has complied with all the requirements
then applicable under this By-law for the keeping of the Dangerous Dog. If the
Owner fails to comply with all such requirements for the keeping of the Dangerous
Dog within the said 10 day period, the City shall without further notice humanely
destroy the impounded Dangerous Dog at the expense of the Owner of such Dog.
5.7 An Owner of a Dog which has been designated a Potentially Dangerous Dog
or a Dangerous Dog pursuant to this By-law shall advise the Poundkeeper
immediately upon every occurrence of each of the following:
- Ownership of such Dog is transferred to another person, and if
- there is a change in the address at which such Dog is kept,
- the Dog is euthanized, and the Owner shall furnish the Poundkeeper with relevant
particulars of each such occurrence.
5.8
Any notices served by the Poundkeeper pursuant to Sections 5.2 and 5.3 of this
By-law, shall be provided by hand delivery or prepaid registered mail and in the
event of service by prepaid registered mail, shall be deemed received on the fifth
(5th) business day after the date of mailing.
6.0 ANIMALS
6.1
No person shall keep or permit to be kept within the City of St. Thomas bees, a
horse, bovine, donkey, mule, pig, goat, sheep, goose, turkey, guinea fowl, chicken,
duck, emu, rhea, ostrich, alpaca, llama, family Elphantidae, venomous reptile,
snake longer than 60 cm., reptiles longer than 30 cm. from nose to vent, family
Felidae (excepting Felis catus), fox, wolf, skunk, raccoon or any wild Animal native
to Canada, nor more than one of any of these Animals, nor any combination
thereof.
(a) Notwithstanding the prohibitions in 6.1 above any of those Animals may be
kept as a Service Animal, if required within the definition in this By-law except
that nothing in this By-law shall allow the keeping of, any of the following as
Service Animals:
i. family Elphantidae;
ii. family Felidae (excepting Felis catus);
iii. bovine, llama;
iv. fox, wolf, skunk, raccoon or any wild animal native to Canada;
v. emu, ostrich;
vi. venomous reptile;
vii. reptile longer than 30 cm. from nose to vent;
viii. snake longer than 60 cm;
ix. any Animal exceeding 100 cm in height measured where the topline
of the animal's back joins its neck.
(b) Notwithstanding 6.1(a) above the keeping of a Service Animal that is not a dog or
a cat shall be subject to the following:
i. the Animal continues to be required for the purposes of a Service
Animal, as evidenced by further written confirmation from the
regulated health professional, if requested by the City;
ii. ongoing compliance with Section 6.3 and 6.4 of this By-law to the
satisfaction of an inspector authorized by the City, and
iii. the keeping of the animal does not violate any other law or regulation
applicable. (B/L 46-2019)
6.2
No person shall keep, or permit to be kept, pigeons within the City of St. Thomas
except up to 75 pigeons which are kept for sporting or exhibition purposes by a
person who is a bona fide member of an organized pigeon club or association,
provided that person has applied for and been granted recognition for this
exception, by resolution of the Council, and provided also that each such pigeon
is kept banded with an identifying leg band issued by the said pigeon organization.
6.3
No person shall, within the City of St. Thomas, keep or permit to be kept pigeons,
rabbits or Service Animals other than in an enclosure consisting of a cage, building
or structure or any part thereof, used or intended to be used for the keeping of the
particular species and size of animal being kept that:
(i)
where it is not a cage, has its inside wall and ceiling washed or painted at
least annually; and
(ii)
in the opinion of a Municipal Law Enforcement Officer after consultation with
the Chief Building Official of St. Thomas or his designate, provides
adequate space, lighting and ventilation having regard to the number of
such animals kept therein; and
(iii)
in the opinion of the Regional Medical Officer of Health, does not house the
animals in such a manner or in such number as to constitute an actual or
potential threat or hazard to human health; and
(iv)
is maintained in such a manner as to prevent the emission of noxious odors
therefrom; and
(v)
is readily maintained in a clean and sanitary condition; and
(vi)
is constructed and maintained in compliance with the provisions of any
applicable Act or regulation and any other municipal By-law including
without restricting the generality of the foregoing, the Health Protection and
Promotion Act and Regulations, the Ontario Building Code Act and
Regulations, the Fire Marshals Act and Regulations, the City of St. Thomas
Property Standards and Zoning By-laws; and
(vii)
is constructed in such manner as to prevent the escape of the animal(s)
kept therein; and
(viii)
is screened to the maximum extent possible from adjacent premises and
streets by hedges, shrubs, fences or other suitable screening; and
(ix)
is located to the rear of the property and situated not less than 12.2m from
any school, church, dwelling unit or other premises used for human
habitation or occupancy, other than the premises occupied exclusively by
the keeper or members of the keeper's immediate family.
6.4
Every person keeping Animals of any kind shall:
(i)
remove from such Animal(s)' enclosure and surroundings and dispose of in
a sanitary manner at least three times each week all refuse including
droppings, soiled bedding or offal, and any dropped or scattered feed; and
(ii)
never store, spread or burn such removed materials anywhere on or within
the lands and premises from which the materials originated or on any other
lands within the City of St. Thomas except by composting with a mixture of
other compostable material in a suitable composting facility within the lands
from which such refuse originated; and
(iii)
store all feed in rodent-proof containers;
(iv)
maintain sanitary conditions without hazard to human health or animal
health (or persons or animals) on same property or adjoining Dwelling Units
on the same or abutting properties. (B/L 46-2019)
6.5
No person shall Tether a dog:
(i)
using a choke chain or prong collar; and
(ii)
using a tether less than three metres long (9.84 feet); and
(iii)
using a tether that is not attached to a permanently fixed object; and
(iv)
unless the dog can move safely and unrestricted (except by the length of
the tether); and
(v)
unless the dog has access to adequate water, food, shelter and shade; and
(vi)
for more than four (4) consecutive hours in a 24 hour period. (B/L 42-2017)
7.0 OFFENCES
7.1
Any person who contravenes any of the provisions of this By-law is guilty of an
offence. Pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, any person
upon summary conviction shall be liable to set fines for offenses listed in Appendix
"B" or if otherwise convicted is liable to a fine of not more than $5,000 for each
offence committed.
8.0 GENERAL
8.1
The headings of this By-law are for convenience of reference only and they are not
to be considered as part of the By-law and do not in any way limit or amplify the
provisions of the same.
8.2
In this By-law, words in the singular include the plural and vice-versa and words in
one gender include all genders.
8.3
Each clause of this By-law is an independent clause and the holding of any clause
or part of any clause to be void or ineffective for any cause shall not be deemed to
affect the validity of any other clause or parts of any clause.
8.4
That this By-law shall come into force and effect upon the final passing thereof.
READ a First and Second time this 16th day of May, 2011.
READ a Third time and Finally passed this 16th day of May, 2011
"Wendell Graves"
"Heather Jackson-Chapman"
Wendell Graves, CAO/Clerk
Heather Jackson-Chapman, Mayor
THE CORPORATION OF
THE CITY OF ST. THOMAS
BY-LAW NO. 71-2011
APPENDIX "A"
FEE SCHEDULE
c) Pound Fees - Dogs or Animals
First full day or part day in the pound
$ 100.00
Additional day or part day
$ 25.00
d) Adoptions
Dogs
$375.00 each
Cats
$ 175.00 each
e) Owner Surrender
Dogs and Cats
$50.00 each
f) After Hours
Request for response on impounded Dog or Cat
$60.00 each
THE CORPORATION OF
THE CITY OF ST. THOMAS
BY-LAW NO. 71-2011, as amended,
Animal Control By-Law
APPENDIX "B"
PART 1 PROVINCIAL OFFENCES ACT SET FINE SCHEDULE
Item
No.
Short Form Wording
Provision
Creating or
Defining
Offence
Set Fine
1
Permit Dog/Cat/Animal to run at large
2.1
$105.00
2
Having Dog/Cat/Animal under control on Leash exceeding 1.8
metres (6) in length
2.5
$105.00
3
Failing to forthwith remove/dispose of Dog/Cat/Animal excrement
2.6
$105.00
4
Permit Dog/Cat/Animal to attack/fight another Dog/Cat or Animal
2.7
$105.00
5
Permit Dog/Cat/Animal to trespass on private property
2.8
$105.00
6
Keeping of more than 3 Dogs/Cats
3.2
$105.00
7
Keeping of more than 2 Dogs/Cats
3.3
$105.00
8
Keeping of more than 2 Dogs/Cats
3.4
$105.00
9
Keeping of more than 1 Dog/Cat
3.5
$105.00
10
Keeping of more than 6 rabbits
3.8
$105.00
13
Failing to identify a Dog or Cat by tag or other means
4.2
$105.00
14
Unlawfully transfer Cat or Dog tag from Cat or Dog
4.6
$105.00
15
Failure to remove droppings/soiled bedding from Kennel or Cattery
4.12
$105.00
16
Failure to notify of change of Ownership of Potentially
Dangerous/Dangerous Dog
5.7
$105.00
17
Keeping a prohibited Animal in the City
6.1
$105.00
18
Keeping pigeons contrary to By-law
6.2
$105.00
19
Keeping of pigeons/rabbits in place other than enclosure
6.3
$105.00
20
Failure to remove/dispose dropping, refuse or offal from enclosure
6.4 i)
$105.00
21
Store, spread or burn removed materials
6.4 ii)
$105.00
22
Failure to keep feed in a rodent proof container
6.4 iii)
$105.00
23
Using a choke chain or prong collar
6.5 i)
$105.00
24
Using a tether less than three metres long (9.84 feet)
6.5 ii)
$105.00
25
Using a tether that is not attached to a permanently fixed object
6.5 iii)
$105.00
26
Failure to provide safe and unrestricted movement (except by the
length of the tether)
6.5 iv)
$105.00
27
Failure to provide access to adequate water, food, shelter and
shade
6.5 v)
$105.00
28
Using a tether for more than four (4) consecutive hours in a 24 hour
period
6.5 vi)
$105.00
NOTE: The general penalty provision for the offences indicated above is Section 61 of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
Corporation of the City of St. Thomas
APPLICATION FOR TEMPORARY EXEMPTION TO
ANIMAL CONTROL BY- LAW 71- 2011
This application to be filed with the City Clerk and must be accompanied with a $20.00
cash fee.
I/We hereby apply to the Council of the Corporation of the City of St. Thomas for a
temporary exemption to section 6.1 of Animal Control By-Law 71-2011 as outlined in this
application.
1
Name of Applicant
Address
Telephone
Email address
2
Is the applicant the owner of the land?
YES NO
If not, proof of owner's consent must be filed with this application
3
Type and number of animal(s)
4
Proposed use of animal(s)
5
Proposed location of animal(s)
6
Will the animal(s) be re-located during the exemption period
YES NO
7
Date the animal(s) will be in the City
8
List the names and addresses of the neighbors you have notified of your intent to
apply for this temporary exemption. If necessary, please use the back of form.
Name
Address
Applicants Signature & Date
__________________ Date__________
If you wish to provide any further information, please attach on a separate page.
No two requests from one individual or group are permitted within a six month period.
Exemptions may be granted by Council for a maximum period of 4 days.
Applicants must comply with Federal, Provincial, and Municipal regulations pertaining to
the care and control of Animals.
Corporation of the City of St. Thomas
APPENDIX "C"
APPLICATION FOR FOSTERING
Note: Prepare in triplicate, one copy to applicant, one copy to Recognized Animal Welfare
Organization, one copy to City Animal Services Centre.
I/We hereby apply to the Corporation of the City of St. Thomas for temporary fostering of
a Cat and Kitten(s) in accordance with section 3.2 (g) of By-law 71-2011, as amended.
1
Name of Applicant
Address
Telephone
2
Type and number of fostered Cat and/or Kitten(s)
Description of fostered Animal 1
Breed
Age
Sex
Description of fostered Animal 2
Description of fostered Animal 3
Description of fostered Animal 4
Description of fostered Animal 5
Description of fostered Animal 6
Description of fostered Animal 7
Description of fostered Animal 8
Description of fostered Animal 9
Description of fostered Animal 10
3
Is the applicant the owner of the land?
YES NO
4
Authorization of Property Owner, if not owned property
Name of Owner
Address of Owner
Telephone
Property Owner's Signature & Date
__________________ Date__________
I hereby certify that the information provided herein is correct and true.
Applicants Signature & Date
__________________ Date__________
Applicants Signature & Date
__________________ Date__________
Authorized by:
President of Recognized Animal Welfare
Organization - Signature & Date
__________________ Date__________