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CITY OF TIMMINS
BY-LAW NO. 2011-7127
BEING a by-law to repeal By-Law No. 2009-6776 and to regulate nuisance pigeons in the City of
Timmins;
WHEREAS Council deems it necessary to prevent public nuisances when pigeons spoil or roost on
property without the occupiers or owners consent, caused when persons feed or attract pigeons, and
through regulation and prohibition Council wishes to promote the use and enjoyment of property in a
healthy and sanitary manner free from unwanted pigeon pests;
AND WHEREAS Section 10 of the Municipal Act, 2001 provides that a single tier municipality may pass
by-laws providing for any service or thing that the municipality considers necessary or desirable for the
public,
AND WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and
regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could
become or cause public nuisances;
AND WHEREAS Section 435(1.1) provides that, the power to enter shall be exercised by an employee
or agent of the municipality, who may be accompanied by any person under his or her direction,
AND WHEREAS Section 446(2) of the Municipal Act, 2001 provides that for the purposes of Section
446(1) the municipality may enter upon land at any reasonable time, and
THEREFORE, the Municipal Council of The Corporation of the City of Timmins enacts as follows:
PART 1 INTERPRETATION
1.1 INTERPRETATION
In this by-law:
"City" shall mean the Corporation of the City of Timmins,
"enforcement officer" means a police officer or a person designated as a municipal law enforcement
office pursuant to Section 15 of the Police Services Act R.S.O.1990 c. P. 15, as amended for the City of
Timmins,
"feeding or feed" includes the regular or intermittent supply of food or allowing the placing or
maintenance of a supply of food on a regular or intermittent basis, which food is accessible to or
accessed by pigeons,
"Person" means a natural person, an individual, a firm, a corporation, an association or partnership and
their heirs, executors, administrators or other legal representative of a person to whom the context can
apply according to the law.
"public nuisance" in the absence of evidence to the contrary is deemed to include,
(a) pigeons that defecate on property, things or persons located there;
(b) pigeons roosting, landing or nesting on property; or
(c) pigeons that cause any interference with the normal use or enjoyment of a property; and
(d) "property or public property" in regards to a person, means the throwing, dropping, placing or
otherwise depositing feed or feeding pigeons or attract pigeons to any property, or any City
property including but not limited to parks, vacant or other lands owned by the City, a highway,
roadway sidewalk, pedestrian way, or boulevard.
"property" includes yards, vacant lots, or any part of a lot that is not beneath a building,
PART 2 GENERAL PROHIBITIONS
2.1 No person shall on any property or on City property create a public nuisance by throwing, dropping,
placing or otherwise depositing feed or feeding pigeons or attract pigeons to any property, or any City
property.
PART 3 ENFORCEMENT
3.1 Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and
is liable to any penalty as provided in the Provincial Offences Act.
3.2 The court in which a conviction has been entered and any court of competent jurisdiction thereafter
may make an order prohibiting the continuation or repetition of the offence by the person convicted.
3.3 Where anything required or directed to be done in accordance with this by-law is not done, a
Municipal Law Enforcement Officer may, upon such notice as they deem suitable, do such thing at the
expense of the person required to do it and in doing so may charge an administration fee of 15% of such
expense with a minimum fee of $100.00, and both the expense and fee may be recovered by action or
by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.
3.4 Where any of the matters or things removed in accordance with section 3.3 of this by-law, the
matters or things may be immediately disposed of by the Manager of By-law Services, or their designate.
PART 4 ENACTMENT
4.1 This by-law comes into force and effect on the date of passage.
READ a first, second and third time and finally passed this 20th day of April 2009.
THOMAS B. LAUGHREN, MAYOR
R.J. WATSON, CLERK