Animal Control By-law 195-2002 (consolidated to August 11, 2014)
Stratford, Ontario
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Consolidated to August 11, 2014
BY-LAW NUMBER 195-2002
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a By-law to prohibit, regulate, restrict Animals and to require
the registration and identification of Animals in the City of Stratford
and to repeal By-laws 216-2001 and 44-2002.
WHEREAS the Municipal Act, R.S.O. 1990 chapter M.45 authorizes a municipality to pass by-laws
respecting animals and prohibiting, regulating, restricting and requiring the licencing of animals and
further authorizes a municipality to pass by-laws prohibiting and abating public nuisances;
AND WHEREAS the Pounds Act, R.S.O. 1990 chapter P.17 authorizes a municipality to impound animals
found to be running At Large;
NOW THEREFORE BE IT ENACTED by Council of The Corporation of the City of Stratford as follows:
1.0
DEFINITIONS:
1.1
"Altered" used as an adjective to refer to an Animal, means that the Animal has been sterilized
by a licenced veterinarian. The term is applied to either a male Animal that has been castrated or
a female Animal that has been operated on to prevent conception;
1.2
"Animal" means any member of the animal kingdom, other than a human;
1.3
"Animal Control Officer" means The Stratford Perth Humane Society and any successors
thereto, including its officers, employees and agents, a Police Officer or other duly appointed
municipal by-law enforcement officer;
1.4
"Animal Sound" means any sound emitted from an Animal which is audible at Property
occupied by persons other than the Owner of the Animal emitting the sound. Without limitation,
this term shall include barking, whimpering, whining, howling, yowling and yelping, meowing,
crying;
1.5
"At Large" means where an Animal is found in a place other than the Property of the Owner of
the Animal and not under the Control of the Owner of the Animal or his/her authorized
representative, except where the Owner of the Property permits the Animal to be on his/her
Property;
1.6
"Caretaker" means any person who regularly provides food and water to a colony;
1.7
"Cat" means a male or female Cat (Felis Catus) of any age and includes a Feral Cat;
1.8
"Cattery" means an establishment for the breeding or boarding of Pure-bred domestic Cats;
1.9
"City" means The Corporation of the City of Stratford;
1.10
"Control" includes care and custody;
1.11
"Council" means the Council of The Corporation of the City of Stratford;
1.12
"Dog" means a canine of the species Canis familiaris;
1.13
"Eartip" means a mark identifying a Feral Cat or stray cat as having been sterilized, specifically
the removal of a quarter inch off the tip of the Feral Cat's or stray cat's left ear in a straight line
cut while the Cat is anaesthetized;
1.14
"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;
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Consolidated to August 11, 2014
1.15
"Feral Cat Colony" means a group of Feral Cats that congregate, more or less, together as a
unit and share a common food source;
1.16
"Foster Home" means a household in which a Cat or kitten is temporarily placed for the purpose
of providing indoor shelter, care and, if necessary, socialization before permanent placement in
an adoptive home;
1.17
"Impounded" means lodgement of an Animal at a designated Pound within the City;
1.18
"Kennel" means an establishment for the breeding or boarding of Pure-bred Dogs;
1.19
"Lot" means a parcel of land which can be legally conveyed pursuant to the Planning Act;
1.20
"Microchip" means an approved Canadian standard encoded identification device implanted into
an Animal that contains a unique code that permits or facilitates access to Owner information,
including the name and address of the Owner which is stored in a central database accessible to
the Animal Control Officer;
1.21
"Owner" means a person who:
a)
has the care, charge, custody or Control of an Animal;
b)
owns or who claims proprietary interest in an Animal;
c)
harbours, suffers or permits an Animal to be present on any Property owned, occupied or
leased by him/her or which is otherwise under his/her Control;
d)
claims and receives an Animal from the custody of the Animal shelter or an Animal
Control Officer; or
e)
a person to whom an identification tag was issued for an Animal in accordance with this
by-law.
For the purposes of this by-law, an Animal may have only one (1) Owner. Where an Owner is a
minor, the person responsible for the custody of the minor is deemed to be the Owner.
1.22
"Pound" means premises that are used for the detention, maintenance or disposition of Animals
that have been Impounded pursuant to this by-law, or any predecessor of this by-law, but does
not include any Property, or part thereof, that are not used by any person or body of persons,
including the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) or any society
affiliated therewith, for the detention, maintenance or disposal of Animals so Impounded.
1.23
"Property" means any interest, present or future, vested or contingent, in real or personal
property.
1.24
"Pure-bred Cat" means a breed of Cat registered or eligible for registration in the Register of
the Canadian Cat Association;
1.25
"Pure-bred Dog" means a breed of Dog registered or eligible for registration in the Register of
the Canadian Kennel Club Incorporated;
1.26
"Sponsor" means an organization recognized by the Animal Control Officer or the City, that
promotes and actively participates in the welfare of Animals and that operates a TNR program;
1.27
"TNR Program" means a program recognized by the Animal Control Officer or the City that
involves the capture of a Feral Cat by trapping, the spaying or neutering, vaccination against
rabies, Eartipping of the captured Feral Cat and the return of the Feral Cat at the point of
capture, where permitted under this By-law;
1.28
"Wild Animal" means an Animal of wild, untamed, uncultivated, feral or brutal nature or
disposition, but excludes a Feral Cat. An Animal that was once a domesticated Animal can
become a Wild Animal;
1.29
"Zoning By-law" means any by-law administered by the City passed pursuant to Section 34 of
the Planning Act, R.S.O. 1990 c.P13 or a predecessor or successor thereof, as may be amended
from time to time;
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2.0
GENERAL PROVISIONS
2.1
This By-law pertains to Animals being housed, harboured, kept or owned by a person for
domestic purposes in the City of Stratford.
2.2
A Permitted Animal means:
a)
mammals which are commonly known as the following:
-
Cats
-
chinchillas
-
degus
-
Dogs
-
domesticated pot bellied pigs
-
ferrets
-
gerbils
-
guinea pigs
-
hamsters
-
hedgehogs
-
mice
-
rabbits
-
rats
-
sugar gliders
b)
all birds, reptiles, amphibians, fish and invertebrates which are not restricted or
prohibited Animals;
2.3
A Restricted Animal means:
a)
a venomous or poisonous Animal which is being held in captivity;
b)
a lizard which will grow to more than 65 centimetres in length from snout to vent;
c)
a snake which will grow to more than 2 metres in length;
d)
an Animal deemed restricted by Council.
2.4
A Prohibited Animal means:
a)
an Animal which is wild-caught;
b)
an Animal whose parent is a prohibited Animal;
c)
a mammal which is not a permitted Animal;
d)
birds which are members of the following orders:
i)
Order Anseriformes, for example, but not limited to, ducks, geese and swans;
ii)
Order Casuariiformes, for example, but not limited to, cassowaries and emus;
iii)
Order Galliformes, for example, but not limited to, grouse and pheasants, except
for non-indigenous quail species which have been captive-bred for more than six
generations;
iv)
Order Rheiformes, for example, but not limited to, rheas;
v)
Order Struthioniformes, for example, but not limited to, ostriches;
e)
reptiles which are members of the following orders:
i)
Order Crocodylia, for example, but not limited to, crocodiles;
ii)
Order Sphenodonitida, for example, but not limited to, tuatara;
f)
amphibians which are members of the Order Gymnophobia or Apoda commonly known
as legless amphibians.
g)
Animals generally recognized as livestock and/or used for agricultural purposes, but not
limited to cattle, horses, ponies, donkeys, mules, swine, mink, foxes, sheep, goats,
llamas, chicken, ducks, geese, buffalo, deer but excludes honeybees.
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Consolidated to August 11, 2014
2.5
No person shall keep or harbour or permit to be kept or harboured on a temporary or permanent
basis, any Prohibited Animal in the City of Stratford. This provision does not apply to a
Department of the City of Stratford or to lands owned by the City of Stratford and zoned as
parkland under the City's Zoning By-law;
2.6
The provisions of 2.4 d) and g) do not apply to lands zoned as agriculture under the Zoning By-
law and lawfully used for agricultural purposes.
2.7
Notwithstanding Section 2.5, the Owner of a Prohibited Animal may keep the Animal, but not its
offspring, for the remainder of the life of the Animal provided that the Prohibited Animal was
owned prior to this by-law coming into effect, and provided that the Owner of the Prohibited
Animal registers the Animal in accordance with this By-law.
2.8
No person shall keep or harbour or permit to be kept or harboured on a temporary or permanent
basis, any Restricted Animal in the City of Stratford, except in accordance with this by-law.
2.9
No owner of an animal shall permit or allow his or her animal to be at large, except that this
provision does not apply to honeybees lawfully kept in accordance with the Bees Act and any
successor legislation thereto.
2.10
Subject to Section 2.11 below, Section 2.9 does not apply to a Cat bearing a current identification
tag or valid Microchip or has been identified as a Feral Cat in accordance with this By-law.
2.11
Notwithstanding Section 2.10, where a Property Owner or tenant makes a complaint to the
Animal Control Officer that a Cat is causing damage to the said Owner's or tenant's Property or
otherwise creating a disturbance on that Property, or is on the Owner's or tenant's Property
without permission, the Animal Control Officer may, with the consent of the said Property Owner
or tenant, enter onto private Property and into the structures thereon, to investigate such
complaint in accordance with section 2.15 of this By-law.
2.12
Notwithstanding Section 2.9, a Restricted Animal shall be deemed to be At Large in a public
place, including highways, sidewalks and parks and on private Property without the consent of
the Owner of that Property, when being carried on the person of an individual having apparent
care and Control thereof.
2.13
Every person having care or Control of an Animal, including a person or persons responsible for
the temporary boarding of an Animal at the request of the Owner, upon realizing that the Animal
is missing or has escaped, shall immediately notify the Animal Control Officer.
2.14
An Animal Control Officer may enter on:
a)
public Property at any time for the purpose of taking possession of an Animal that is in
violation of the provisions of this By-law;
b)
private Property where Animals are kept, with the consent of the Owner or tenant, for
the purpose of investigating complaints and ensuring compliance with the provisions of
this By-law;
c)
private Property where Animals are kept, with the consent of the Owner or tenant of the
private Property for the purpose of taking possession of an Animal that is At Large and in
violation of the provisions of this By-law.
2.15
Where an Animal is in violation of the provisions of this By-law or is causing damage or creating a
disturbance, or is on the Owner's or tenant's Property without permission, the Owner or tenant of
the Property on which the Animal is in violation, may make a complaint to the Animal Control
Officer. The Animal Control Officer shall investigate such complaint and shall make all reasonable
efforts to contact the Owner of the Animal (or alternate contact) and may take all steps
necessary to ensure compliance with this By-law, which may include taking possession of the
Animal and impounding same.
2.16
No Owner shall permit or allow his or her Animal to defecate on public or private Property in the
City, other than on Property of the Owner unless the Owner immediately and without delay
removes the excrement and provides for its sanitary disposal.
2.17
No Owner shall permit his or her Animal:
a)
to bite, attack, threaten, harass, chase, kill or injure any person including, but not limited
to when such person is on a bicycle, walking or running;
b)
to fight with or attack any domestic Animal or domestic bird.
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Consolidated to August 11, 2014
2.18
No person shall cause, permit or allow the trapping of an Animal, except a Wild Animal, on
Property in the City of Stratford. This provision does not apply to the Animal Control Officer, the
Stratford Perth Humane Society or its authorized agents, the City or a Caretaker.
2.19
No person shall:
a)
tease, torment, annoy, or abuse any Animal,
b)
untie, loosen or otherwise free an Animal which is not in distress unless such person has
the authorization of the Owner,
c)
at any time use any Property, including a house, dwelling unit or any building or
structure, or any part thereof, or any land abutting same, as a place for slaughtering
Animals, except in an area that is zoned properly in accordance with the City's Zoning By-
law.
2.20
No Owner shall cause, permit or allow the Animal to emit Animal Sounds or other noise for an
extended or frequent period of time.
2.21
No person shall interfere with, hinder or impede an Animal Control Officer in the performance of
any duty authorized by this By-law.
2.22
Every person required to register an Animal in accordance with this By-law shall supply the
following information to the City or the Stratford Perth Humane Society or its authorized agents
at the time of registration:
a)
name of Owner, current address and telephone number(s) of the Owner;
b)
species of Animal to be registered, breed, colour, sex, whether or not the Animal has
been Altered and name of Animal;
c)
alternate contact person's name and telephone number(s), at the discretion of the
Owner.
d)
subject to prior arrangements having been made in writing with the veterinarian, the
Owner may provide the name and telephone number of a veterinarian as an emergency
contact person.
2.23
The fees referred to in this By-law shall be as prescribed in Schedule "A" attached hereto and
forming part of this By-law and are subject to change by Council from time to time.
3.0
RESTRICTED AND PROHIBITED ANIMALS
3.1
The Owner of a restricted Animal shall comply with the following requirements:
a)
to register the Restricted Animal within seven (7) working days of the passage of this By-
law, or becoming the Owner of a Restricted Animal, by providing the Animal Control
Officer with his or her name, current address and current telephone number and a
description of the Restricted Animal and alternate contact person's name and telephone
number.
b)
to keep the Restricted Animal, when it is on the lands and premises of the Owner,
confined and under effective Control, as approved by the Animal Control Officer.
c)
to keep the Restricted Animal under the effective Control of an adult person and under
leash or otherwise contained at all times as approved by the Animal Control Officer when
it is not confined in accordance with clause b);
d)
to provide the Animal Control Officer with the new address and telephone number of the
Owner within seven (7) working days of moving the Restricted Animal;
e)
to provide the Animal Control Officer with the name, address and telephone number of
the new Owner within seven (7) working days of selling or giving away the Restricted
Animal;
f)
to advise the Animal Control Officer within seven (7) working days of the death of the
Restricted Animal; and
g)
to advise the Animal Control Officer forthwith if the Restricted Animal is running At Large
or has bitten or attacked any person or Animal,.
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Consolidated to August 11, 2014
h)
a Restricted Animal is to be identified with a micro-chip, unless in the opinion of a
veterinarian licenced to practice in Ontario, doing so would cause harm to the said
Animal;
3.2
Section 3.1 of this By-law shall not apply to:
a)
an Animal hospital or clinic lawfully operated and supervised by a veterinarian licenced to
practice in Ontario;
b)
an Animal shelter operated by the Stratford Perth Humane Society;
c)
premises registered as a research facility in accordance with the Animals for Research
Act;
d)
the lawful operation of a circus, carnival, performance, exhibition, or zoo;
e)
subject to the approval of the Stratford Perth Humane Society:
i)
premises where Animals are being kept for the purposes of rehabilitating the
individual Animal;
ii)
when under the auspices of the federal or provincial government or an
organization or facility with appropriate expertise, premises where Animals are
being kept for the purpose of preserving the individual Animal or the Animal
species, provided that the premises meet Canadian Association of Zoos and
Aquarea standards;
3.3
The Animal Control Officer or a resident of the City may request in writing that the Protection to
Persons and Property Sub-committee of Council conduct a hearing as to whether:
a)
a species of Animal should be added to the Restricted Animal section or Prohibited
Animal section of this by-law;
b)
a species of bird, reptile, amphibian, fish or invertebrate should be added to the
Restricted Animal section or the Prohibited Animal section of this by-law.
c)
a specific Animal should be added to the Restricted Animal section of this by-law.
3.4
A resident of the City who is a licenced custodian in accordance with the requirements of the
Ministry of Natural Resources may request in writing that the Protection to Persons and Property
Sub-committee of Council conduct a hearing as to whether:
a)
a specific Animal should be added to the Restricted Animal section on a temporary basis,
while such Animal is in the care and custody of a licenced custodian.
3.5
The Protection of Persons and Property Sub-committee of Council may recommend to Council
that:
a)
the mammal species be added to this By-law as a Permitted or Restricted Animal if:
i)
the mammal species has been captive-bred for at least 10 generations;
ii)
the general public is capable of providing a level of care for the Animal species
which protects it from suffering at all stages of its life, considering the Animal's
physical and psychological or behavioural well-being;
iii)
the danger the Animal species may present to public health or safety is minimal;
iv)
the danger the Animal species may present to the local ecosystem should it
escape or be released is minimal;
b)
a bird species be added to this By-law as a Restricted or Prohibited Animal if:
i)
the bird species has been captive-bred for less than six generations;
ii)
the general public is not capable of providing a level of care for the Animal
species which protects it from suffering at all stages of its life, considering the
Animal's physical and psychological or behavioural well-being;
iii)
the danger the Animal species may present to public health or safety is not
minimal; or
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Consolidated to August 11, 2014
iv)
the danger the Animal species may present to the local ecosystem should it
escape or be released is not minimal.
c)
a reptile, amphibian, fish or invertebrate species be added to this By-law as a restricted
or prohibited Animal if:
i)
the general public is not capable of providing a level of care for the Animal
species which protects it from suffering at all stages of its life, considering the
Animal's physical and psychological or behavioural well-being;
ii)
the danger the Animal species may present to public health or safety is not
minimal; or
iii)
the danger the Animal species may present to the local ecosystem should it
escape or be released is not minimal.
d)
a specific Animal be added to this by-law as a Restricted Animal, and Council shall
determine the conditions, length of time and other provisions that shall regulate the
keeping of such Restricted Animal in the City while under the care and custody of the
licenced custodian on a temporary basis.
3.6
For the purposes of Section 3.5, the Protection to Persons and Property Sub-committee may hold
a hearing, and shall give notice in writing to an Owner of such hearing and permit any person to
make representation respecting the matter. Following a hearing, the Protection to Persons and
Property Sub-committee shall report to Council and shall provide a written summary of the
evidence obtained or representations made, and the Sub-committee's recommendations to
Council as soon as reasonably possible after the hearing.
4.0
CARE OF ANIMALS
4.1
Any person who keeps an Animal within the City shall provide the Animal with adequate and
appropriate care, food, water, shelter, exercise, attention and veterinary care as may be required
to meet the need of the species.
4.2
If an Animal is customarily kept out of doors, the person having the custody or Control of the
Animal shall provide for the Animal's use, a structurally sound, weather-proofed and insulated
enclosure of appropriate size and dimension.
4.3
Any person who has tethered an Animal shall ensure at all times that the Animal has unrestricted
movement within the range of the tether and that the Animal cannot suffer injury resulting from
the tethering.
4.4
Any person keeping an Animal within the City shall do so under sanitary conditions.
4.5
For the purposes of Section 4.4 herein, an Animal is kept in an unsanitary condition where the
keeping of the Animal results in an accumulation of fecal matter, an odour, insect infestation or
rodent attractants which endanger the health of any person or Animal, or which disturbs or is
likely to disturb the enjoyment, comfort or convenience of any person.
4.6
No person shall cause, permit or allow an Animal to be confined in a vehicle without appropriate
ventilation and at an appropriate temperature to ensure the Animal is not in distress while in the
vehicle.
5.0
PIGEONS AND RABBITS
5.1
No person keeping pigeons shall permit the pigeons to stray, perch, roost or rest upon lands,
premises or buildings of any person or upon any public place in the City, except on the Property
of the person keeping the pigeons.
5.2
No person shall keep or permit to be kept pigeons or rabbits in other than an enclosure that:
a)
where it is not a cage, has its inside walls and ceiling lime washed or painted at least
annually;
b)
is screened to the maximum extent possible from adjacent premises and streets by
hedges, shrubs, fences or other suitable screening.
c)
in the opinion of the Animal Control Officer, provides adequate space, lighting and
ventilation having regard to the number of pigeons and rabbits kept therein;
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Consolidated to August 11, 2014
d)
in the opinion of the Medical Officer of Health, does not house pigeons or rabbits in such
a manner or in such number as to constitute an actual or potential threat or hazard to
human health;
e)
is maintained in such a manner as to prevent the emission of noxious odours therefrom;
f)
is readily maintained in a clean and sanitary condition;
g)
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 Prevention and Protection Act and
Regulations and the Zoning By-law.
h)
is constructed in such a manner as to prevent the escape from the enclosure of any
pigeon or rabbit kept therein;
i)
is located to the rear of the Property and situated 40 metres from any school, church,
dwelling unit or other premises used for human habitation or occupancy, other than the
premises occupied exclusively by the Owner.
5.3
An enclosure in existence prior to the passage of this by-law shall be deemed to be an enclosure
within the meaning of Section 5.2 i) provided that it complies with all other provisions of Section
5.2 and provided it cannot be relocated to comply with Section 5.2 i).
5.4
Any person keeping pigeons or rabbits in an enclosure shall:
a)
remove and dispose of in a sanitary manner at least three times each week all droppings,
refuse or offal, and any dropped or scattered feed within or adjacent to any enclosure.
No material so removed may be burned or stored on or within the lands and premises
from which it is removed; and
b)
store all feed in rodent-proof containers.
5.5
No person shall keep or permit to be kept more than 50 pigeons or more than 50 rabbits on any
Property within the City, subject to the provisions of this by-law and the Zoning By-law.
5.6
Section 5.5 does not apply to Property located within an area zoned agricultural by the Zoning
By-law and used for agricultural purposes.
5.7
When requested, any person shall provide to the Animal Control Officer a statement in writing as
to the number of pigeons or rabbits owned by him or her that are kept on Property of the Owner.
5.8
In the event the Owner of pigeons or rabbits suspects they are infected with a communicable
disease, the Owner shall immediately consult a veterinarian licenced to practice in Ontario to
diagnose the condition. If the diagnosis confirms that the pigeons or rabbits are infected with a
communicable disease, the Owner shall immediately notify the Medical Officer of Health and
comply with any direction which may be issued by the Medical Officer of Health in this regard.
6.0
LICENCING AND IDENTIFICATION OF DOGS
The following additional provisions shall apply to Dogs.
6.1
Every Owner of a Dog shall register the Dog with the City or the Stratford Perth Humane Society
or its authorized agents.
6.2
No person shall keep or harbour or permit to be kept or harboured more than three (3) unaltered
Dogs on Property in the City of Stratford.
6.3
An Owner shall, when requested to do so, provide to the Animal Control Officer a statement in
writing as to the number of Dogs owned by him or her that are kept on the Property of the Dog
Owner.
6.4
An Owner shall keep his or her Dog secured on a leash with a maximum length of 3 metres when
on Property other than that of the Owner of the Dog.
6.5
The provisions of Section 6.4 do not apply to the following:
a)
police work Dogs while engaged in law enforcement activity, or
b)
Dogs in an area that has been designated in Schedule "B," provided that:
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Consolidated to August 11, 2014
i)
the appropriate signs have been installed; and
ii)
the Owner or handler is in the area signed to permit Dogs to be At Large and
within sight of the Dog at all times.
6.6
An Owner of a Dog shall:
a)
each year, register the Dog with the City or the Stratford Perth Humane Society or its
authorized agent,
b)
pay the prescribed licence fee in Schedule "A" and
c)
obtain an identification tag for the Dog; or,
d)
until ceasing to be the Owner of the Dog, obtain a new identification tag for the Dog
prior to the expiration of the identification tag issued for the Dog.
6.7
An Owner shall ensure that his or her Dog is identified with an identification tag pursuant to
Section 6.6 indicating current registration that:
a)
is securely fastened to a choke chain, collar or harness worn by the Dog; and,
b)
is worn by the Dog at all times when the Dog is anywhere other than on the Owner's Lot
or Property occupied by the Owner pursuant to a lease or other arrangement.
6.8
An Owner may obtain a replacement identification tag for any identification tag lost or destroyed
upon payment of the fee as set out in Schedule "A".
6.9
An identification tag issued by the City shall not be transferable to another Animal by the Owner
of the Dog for which the identification tag was issued.
6.10
An Owner of a Dog shall display the identification tag upon the Animal to which the identification
tag is registered.
6.11
An Owner of a Dog shall register and obtain an identification tag for the Dog within seven (7)
working days of becoming the Owner of a Dog.
6.12
An Owner of a Dog shall register and obtain an identification tag for the Dog within seven (7)
working days from the date the Owner took up residence in the City of Stratford.
6.13
An Owner shall notify the Animal Control Officer of any address change within seven (7) working
days of such change occurring including a change in alternate contact person name or contact
telephone number.
6.14
Notwithstanding Section 6.6 herein, an Owner of a Kennel shall obtain a Kennel licence each year
provided that all Dogs are Pure-bred Dogs by paying the Kennel licence fee as prescribed in
Schedule "A". When a Kennel licence has been issued in accordance with this By-law, the Owner
shall not be liable to pay any additional annual licence fee for the Kennel of Pure-bred Dogs.
6.15
An identification tag shall be issued at no charge to any Owner of a specialized needs Dog, such
as a seeing eye Dog, or a hearing ear Dog or other specialized needs Dog or with respect to any
Dog trained for and actually engaged in law enforcement by any federal, provincial or municipal
government agency.
6.16
Every annual identification tag issued for a Dog in accordance with this By-law shall expire on
December 31st in the year shown or marked on the identification tag.
7.0
REGISTRATION AND IDENTIFICATION OF CATS
The following additional provisions shall apply to Cats:
7.1
Every Owner of a Cat shall register the Cat with the City or the Stratford Perth Humane Society
or its authorized agents.
7.2
No person shall keep or harbour or permit to be kept or harboured, more than three (3)
unaltered Cats on Property in the City of Stratford.
7.3
When requested to do so, an Owner shall provide the Animal Control Officer a statement in
writing as to the number of Cats owned by him or her that are kept on the Property of the Cat
Owner.
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Consolidated to August 11, 2014
7.4
An Owner of a Cat shall:
a)
each year, register each Cat with the City or the Stratford Perth Humane Society or its
authorized agent,
b)
pay the prescribed registration fee in Schedule "A" and
c)
obtain an identification tag for the Cat; or,
d)
until ceasing to be Owner of the Cat, obtain a new identification tag for the Cat prior to
the expiration of the identification tag issued for the Cat.
If the Cat(s) has been identified as a Feral Cat by Eartipping, than a) and b) of this
provision do not apply to the Feral Cat.
7.5
An Owner shall ensure that his or her Cat is identified with a City identification tag indicating
current registration that:
a)
is securely fastened to a collar or harness worn by the Cat; and,
b)
is worn by the Cat at all times when the Cat is anywhere other than on the Owner's Lot
or Property occupied by the Owner pursuant to a lease or other arrangement.
c)
If a Cat is identified in the current city Animal registry by means of a valid Microchip,
then a) and b) do not apply with respect to the wearing of an identification tag.
7.6
An Owner may obtain a replacement identification tag for any identification tag lost or destroyed
upon payment of the fee as set out in Schedule "A".
7.7
An Owner of a Cat shall register and obtain an identification tag for the Cat within seven (7)
working days of becoming the Owner of the Cat.
7.8
An Owner of a Cat shall register and obtain an identification tag for each Cat that he or she owns
within seven (7) working days from the date the Owner took up residence in the City.
7.9
An Owner shall notify the Animal Control Officer of any address change within seven (7) working
days of such change occurring, including a change in alternate contact person name or contact
telephone number.
7.10
An Owner of a Cat shall display the identification tag upon the Cat to which the identification tag
is registered or ensure that the Cat is identified with a valid Microchip.
7.11
Notwithstanding Section 7.4 herein, an Owner of a Cattery shall register the Cattery each year
and pay the Cattery registration fee as prescribed in Schedule "A". When a Cattery has been
registered each year in accordance with this By-law, the Owner shall not be liable to pay any
additional registration fee for the Cattery of Pure-bred Cats.
7.12
An identification tag issued by the City for a Cat shall not be transferable to another Cat by the
Owner of the Cat for which the identification was issued.
7.13
Every annual identification tag issued for a Cat in accordance with this By-law shall expire on
December 31st in the year shown or marked on the annual identification tag.
8.0
TRANSITION
8.1
A Cat Owner who previously acquired a City Cat licence for the 2002 calendar year, and paid the
applicable licence fee pursuant to Schedule "A" of By-law 216-2001 as it read prior to the
enactment of amending By-law 44-2002, shall have the licence tag automatically transferred to
an identification tag and the licence fee credited to the registration fee pursuant to Schedule "A"
to By-law 216-2001 as amended by By-law 44-2002, and the Cat shall be recognized as having
been registered and the Owner as having obtained an identification tag for the calendar year
2002.
8.2
A Cat or Dog Owner who previously acquired a one-time licence or registration and paid the
applicable one-time fee pursuant to Schedule "A" of By-law 216-2001 as amended by By-law 44-
2002, shall have the one-time registration honoured for the life-time of the Cat or Dog provided
that the Owner continues to register the Cat or Dog and obtain a current identification tag on an
annual basis and provides proof of current rabies vaccination. In such cases, the Owner shall not
be required to pay the annual licence fee for a Dog tag or a registration fee for a Cat tag.
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Consolidated to August 11, 2014
9.0
KENNEL AND CATTERY
9.1
No person shall keep or permit a Dog or Dogs to be kept in a Kennel, or a Cat or Cats to be kept
in a Cattery, outside of the premises of the Owner on the Lot in a Kennel or Cattery that is not:
a)
screened to the maximum extent possible from adjacent premises and streets by hedges,
shrubs, fences or other suitable screening;
b)
in the opinion of the Animal Control Officer provides adequate space, lighting and
ventilation having regard to the number of Dogs or Cats kept therein;
c)
maintained in such a manner as to prevent the emission of noxious odours therefrom;
d)
readily maintained in a clean and sanitary condition;
e)
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 Prevention and Protection Act and
Regulations and the City's Zoning By-law.
f)
constructed in such a manner as to prevent the escape from the enclosure of any Dog or
Cat kept therein;
g)
located to the rear of the Property and situated 40 metres from any school, church,
dwelling unit or other premises used for human habitation or occupancy, other than the
premises occupied exclusively by the Owner.
9.2
All Kennels and Catteries must be open for inspection by an Inspector between 8:00 a.m. and
5:00 p.m. daily.
10.0
SEIZING, IMPOUNDING AND DISPOSITION OF ANIMALS
10.1
The Animal Control Officer is authorized by the City to Impound Animals for the purposes of
enforcing this By-law.
10.2
The Animal Control Officer shall keep a record of every Animal Impounded or seized, including
the date upon which it was Impounded, a description of the Animal, any identification or
registration tag number if it wore a tag, the date of disposition and the disposition made.
10.3
The Animal Control Officer may take possession of any Cat or Dog, regardless of its identification
being evident:
a)
that in the opinion of the Animal Control Officer is interfering with public health or safety;
or,
b)
that is in contravention of this By-law; or
c)
that is injured or in distress.
10.4
Any Cat or Dog found in contravention of this By-law, but with a current identification or
registration tag or identified with a valid Microchip, such Cat or Dog shall be returned to its
Owner at no charge where the Cat or Dog has not been in possession of the Animal Control
Officer within the current calendar year.
10.5
Where a Cat or Dog with a current identification or registration tag or identified with a valid
Microchip is Impounded and has not been returned to the Owner under Section 10.4, the Animal
Control Officer shall make all reasonable effort to inform the Owner or alternate contact person in
accordance with the policies or practices of the Stratford Perth Humane Society for notifying
Owners that a Cat or Dog has been Impounded and to advise of any conditions or requirements
upon which the Owner may regain custody of the Cat or Dog.
10.6
Any Cat or Dog seized and Impounded which is not wearing an identification tag or registration
tag issued for the current year, or identified with a valid Microchip, shall be released to its Owner
upon the payment of the applicable fees in Schedule "A" attached hereto. The Owner shall be
required to purchase a current City registration or identification tag or valid Microchip as required
by this By-law if the Cat or Dog has not been registered for the current year.
10.7
In addition to any other provisions of this By-law, where the Animal Control Officer has received
a complaint from a Property Owner or tenant that a Cat or Dog or other Animal:
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Consolidated to August 11, 2014
a)
is diseased or injured, or
b)
has bitten a person or inflicted an open wound, or
c)
has exhibited characteristics of a Wild Animal in the presence of the Animal Control
Officer,
the Animal Control Officer may enter onto private Property with the consent of the Property
Owner or tenant and take possession of the Cat or Dog or other Animal for the purpose of
impoundment.
10.8
Possession of an Impounded Animal may be restored to the Owner if the Owner claims the
Animal within 72 hours or the time frame established by the Stratford Perth Humane Society for
the keeping of an Impounded Animal, whichever is greater, exclusive of statutory holidays and
Sundays, where the Ownership of the Animal can be established. Prior to the Animal Control
Officer releasing an Impounded Animal to its Owner under this provision, the Owner shall be
liable for the pound and maintenance fees prescribed by The Stratford Perth Humane Society and
shall pay all fees on demand to the Animal Control Officer.
10.9
An Animal that is Impounded and has not been restored to the Owner in accordance with section
10.8 above,
a)
may be put up for adoption and the proceeds from the sale of any Animal so adopted
shall belong to the Stratford Perth Humane Society and no damages or compensation
shall be recovered by a person on account of any disposition made thereunder; or,
b)
may be euthanized by lethal injection.
10.10
Where an Animal that has a current identification or registration tag or valid Microchip has been
Impounded and is injured or should be destroyed for humane reasons and in the opinion of the
Animal Control Officer, imminent death of the Animal is inevitable, the Animal Control Officer
shall make reasonable efforts to contact the Owner, or alternate contact person before the
Animal is destroyed, provided that the time involved in making reasonable effort to contact the
Owner or alternate contact person does not cause the Animal to suffer unduly. If the Owner has
made prior arrangements in writing with a veterinarian and has provided that information to the
Animal Control Officer at the time of registration of the Animal, then the Animal Control Officer
shall make all reasonable efforts to contact the veterinarian before the Animal is euthanized.
10.11
The Animal Control Officer may seize and impound any Prohibited Animal and shall not be
required to return the Prohibited Animal to the Owner if the Prohibited Animal at the time of
impounding is a Prohibited Animal under this By-law and no exemption has been granted by
Council.
10.12
The Stratford Perth Humane Society policies and practices mentioned in this By-law are available
for review by the public at the Stratford Perth Humane Society.
11.0
COST RECOVERY
11.1
The cost of taking possession of and impounding any Animal, and the return of any Animal found
to be At Large shall be the sole responsibility of the Owner of the Animal.
12.0
SCHEDULES
12.1
Schedule "A" and Schedule "B" attached hereto form part of this By-law.
13.0
ENFORCEMENT
13.1
Every Owner who contravenes any provision of this By-law is guilty of an offence and is liable,
upon conviction, to a fine not exceeding $5,000 exclusive of costs for each offence, recoverable
under the Provincial Offences Act.
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Consolidated to August 11, 2014
14.0
SEVERABILITY
14.1
Each and every of the provisions of this By-law is severable and if any provisions of this By-law
should for any reason be declared invalid by any court, it is the intention and desire of this
Council that each and every of the remaining provisions hereof shall remain in full force and
effect.
15.0
EFFECTIVE DATE
15.1
This By-law shall come into force and take effect upon final passage.
16.0
REPEAL
16.1
Upon this By-law coming into effect, By-laws 216-2001 and 44-2002 are hereby repealed.
17.0
TITLE
17.1
This By-law may be referred to as the "Animal Control By-law" of The Corporation of the City of
Stratford.
Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 28th day of October, 2002.
"Karen Haslam"
MAYOR - Karen Haslam
"Joan Thomson"
CLERK - Joan Thomson
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Consolidated to August 11, 2014
This is Schedule "A" to
Animal Control By-law 195-2002, as amended
SERVICE
FEE FOR SERVICE
Impound Fee for a Cat or Dog
$35.00 Cat
$40.00 Dog
Maintenance Fee per day or
part thereof that the Animal
was Impounded
A reasonable amount set by the Stratford-Perth Humane Society
DOG LICENSING FEES
If paid on or before March 1st
If paid after March 1st
For an Altered Dog:
$20.00
$30.00
For an unaltered Dog (no more
than 3 unaltered Dogs per
household):
$50.00
$60.00
For a Specialized Needs Dog
No fee
No fee
For a Kennel Licence
$550.00
$550.00
Replacement Tag for Dog
$10.00
$10.00
For a Dog less than 1 year of
age:
$20.00
$20.00
New resident - exchange
current tag for Stratford current
tag (one time)
No charge
No charge
Seniors discount (persons 65
years of age or older)
15 % off licence fees for Altered and unaltered Dogs, replacement
tags, and Dogs under 1 year
CAT REGISTRATION FEES
If paid on or before March 1st
If paid after March 1st
For an Altered Cat:
$20.00
$30.00
For an unaltered Cat (no more
than 3 unaltered Cats per
household)
$50.00
$60.00
For a Cattery Registration
$550.00
$550.00
Replacement Tag for Cat
$10.00
$10.00
For a Cat less than 1 year of
age:
$20.00
$20.00
New Resident - exchange
current tag for Stratford current
tag (one time)
No charge
No charge
Seniors discount (persons 65
years of age or older)
15 % off registration fees for Altered and unaltered Cats,
replacement tag, and Cats under 1 year
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Consolidated to August 11, 2014
THIS IS SCHEDULE "B"
Animal Control By-law 195-2002, as amended
The following areas of the City of Stratford are hereby designated as areas where Dogs may be
At Large to exercise without being on leashes in accordance with the Animal Control By-law,
once the appropriate signs have been installed:
Temporary Area
1. Westerly section of the Packham Sport Complex.
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