By-law No. 2008-0009 - Animal By-law

Tudor and Cashel, Ontario

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'THE CORPORATION OF 'THE MUNICIPALITY OF TUDOR AND CASHEL BYLAW# 0 7 -08 Being a By-Law to Prohibit the Keeping, Exhibition, and Transportation of Certain Animals within the Corporation of the Municipality of Tudor and Cashel. Whereas pursuant to Section 11 of the Municipal Act, 2001, SO., 2001, c.25, as amended; authorizes a municipality to pass bylaws respecting matters within the Municipal jurisdiction: AND WHEREAS the Council of the Municipality of Tudor and Cashel deem it desirable, for the protection of the public and in the'public interest to pass a by-law to prohibit the keeping, exhibition, and transportation of exotic, wild and non-domestic animals within the limits of the Municipality of Tudor and Cashel. NOW THEREFORE the Council of the Corporation of the Municipality of Tudor and Cashel enacts as follows; GENERAL 1. Sched~~les attached to this By-law form a part of this By-law. DEFINI-I-IONS '.KL 2. a) "Exotic animalll'shall mean an animal as listed in Schedule "A" to this By- law" b) "Municipal By-law Officer: shall include By-law Officers and Police Officers. C) "Owner" shall mean any person who possesses or harbors an animal and where the owner is a minor, the person responsible for the custody of the minor, and includes a person who is terr~porarily the keeper or in control of the aninial and "owns" has the same meaning. d) "Running at Large: shall mean being found in any place other than the owner's premises and not under the physical control of any person. PROHIBITION 3. Except as provided in Sections 5 and 6 of this By-law, the keeping or harboring of any animal as listed in Schedule "A: to this by-law is prohibited anywhere in the Municipality. 4. No person shall exhibit or transport any exotic animal within the Municipality, EXEIVIPTIONS 5. It is permissible to keep any animal of the kind listed in Schedule "A" to the bylaw in the following places or circumstances: a) In a veterinary hospital under the care of a licensed veterinarian. b) In a public compound, c) In a zoo or wildlife sanctuary, Page 1 of 4 THE CORPORATION OF THE TUDOR AND CASHEL BYLAW # Page 6. Sections 3 and 4 shall not apply to the transportation or the keeping of an exotic animal during the transportation of the animal to any of the places noted in Section 5. 7. Application for exemptions from this by-law may also be received by Council. 8. Applications for temporary exemptions may be received by Council, from, but not limited to, travelling circuses, film projects, person delivering educational programs, school and group presentations. 9. Each application for exemption shall be reviewed by Council on an individual basis. Council may consult with experts and may either refuse the application, grant an exemption, or grant a conditional exemption and require '60 days advance notice to the Clerk's office. S BUSINESSES 10. Unless exempt under Section 5 or 6 of this by-law, no person who operates a business within the Municipality of Tudor and Cashel shall possess, keep, sell, or otherwise make available any animals listed in Schedule " A of this by- law. RIGHT OF ENTRY 11. A Municipal By-law Officer may enter onto any property, at any reasonable time for the purpose of determining whether any prohibited animals are being kept on the premises. ISSUE OF AND COMPLIANCE WITH NO-I-ICE 12. A Municipal By-law Officer may issue an Order concerning any contravention of this By-law with respect to any prol-ribited arrimal; the Order shall identify the contravention and the date by which there must be compliance with the Order. 13. No person subject to an Order as described in Section 12 shall fail to comply with such Order within the stated time. SEIZURE OR SURRENDER 14. No owner of an exotic animal shall cause or permit the exotic animal to run at large. 15. Any exotic animal running at large contrary to the provisions of this by-law may be captured by any Municipal By-law Officer duly authorized by Council for that purpose. 16. Any exotic aninial running at large contrary to the provisions of this by-law which, in the opinion of the Municipal By-law Officer appears to be vicious or rabid or appears to be threat to the safety of the community, and which cannot be captured by the Municipal By-law Officer may be killed. The owner of the exotic animal shall not be entitled to damages or compensation on account of the exotic animal being killed. 17. Any exotic animal found running at large contrary to this by-law may be seized and impounded and may, after seven (7) days have elapsed, excluding the day it was impounded and statutory holidays, be sold or adopted out to a lawful recipient. An exotic animal so seized and impounded may, after fourteen (14) days have elapsed excluding the day it was impounded and statutory holidays, be euthanized. 18. The owner of an exotic animal that has been seized and impounded shall pay to the Pound Keeper or the Pound Keeper's agent all cost incurred during the impounding of the exotic animal including, but not limited to pick-up charges, mileage charges, daily pound maintenance fees for each day that the exotic animal has been injured or where it is required that the exotic animal be destroyed. Page 2 of 4 THE CORPORATION OF THE MUNICIPALITY OF TUDOR AND CASHEL BYLAW # 0 7 -08 Page 3 19. In order to obtain the release of an impounded exotic animal during the seven day redemption period, the owner shall: a) Pay to the Pound Keeper all outstanding impoundment fees; b) Pay to the Pound Keeper the cost incurred for veterinary care while the exotic animal was impounded; and c) Take such other action as the Municipal By-law Official and/or Pound Keeper deems appropriate. 20. No person shall obstruct or attempt to obstr~~ct a Municipal By-law Officer or an enlployee or agent of the Municipality in carrying out his or her duties under this by-law. PENALTY 21. Any person who contravenes any provision of this by-law is guilty of an offence and is liable upon conviction to such penalties as are established under the Provincial Offences Act, R.S.O. 1990, c. P. 33 as amended. SEVERABILITY AND CONFLICT 22. If a court of competent jurisdiction should declare any section of this By-law or part thereof, or any provision in the Schedules to be invalid or inoperative in whole or in part, or inoperative in the particular circumstances, such sections, parts, or provisions in the Schedule shall not be construed as having influenced Council to pass the remainder or the by-law or the provisions in the Schedules and it is hereby declared the that the impugned section or provision in the Schedules shall be severable and distinct from the remainder of this By-law or Schedules and it is Council's intention that the remainder of the By-law or Schedules shall be valid and shall remain in full force and effect. EFFECTIVE DATE 23. This by-law shall come into force and take effect upon the final passing thereof. AMNESTY PERIOD 24. An amnesty period for current owners of exotic animals shall be in effect for two months commencing immediately upon this by-law being passed. This will allow current owners of prohibited exotic animals to find alternative and lawful accommodations for the animals. The amnesty period does not apply to persons entering this Municipality after the passage of this By-law. Read a first, second and third time and finally passed this 5th day of February 2008. 94 Reeve- Wanda Donaldson - ClerklC.A.0. - Andrew ~ c ~ u r r a y I do hereby declare that the foregoing is a true copy of By-law as passed in open Council on the 5th day of February 2008. Page 3 of L SCHEDULE "A" BY-LAW -2008 A By-law to prohibit the Keeping of Certain Animals within the Municipality of Tudor and Cashel Class of Animals All Venomous Arachnids 1 domestic hippopotamus, goats, sheep, I 1 1 I All Venomous Arthropods All Artiodactyls Ungulates (except Scorpion Camel, Antelope, Giraffes . . . pig, cattle, llamas) All Canidae (other than common dog) Wolf, Jackal, Fox, Coyote, or hybrids All Endentates All Felids (other than common cat) Anteater, Armadillo, Sloth Leopard, Lion, Tiger, Cougar, Lynx, Panther, Puma, Cheetah, Jaguar Bobcat. Ocelot. or Hvbrids All Herpestidae All Hvanenidae I I Wombat. Koala. Tasmanian Devil 111 Mongoose Hvena All lnsectivora (except hedgehog) All Marsupialia 1 domestic horse, donkey, mule or I Hyena Bandicoot, Kangaroo, Opossum. All Mephitidae All Mustelidae (except domestic ferrets) I I Skunk Marten, Polecat, Weasel, Otters, Badgers, Mink, Fisher, Wolverine All Perisssodactyl Ungulates (except Tapir, Zebra, Rhinoceroses jackass) All Pinnipediae All Non Human Primates Seal, Walrus, Sea Lion Ape, Lemur, Monkey, Gorilla All Ursidae All Venomous Reptilia All Septentes of the families Pythonidae Bear Venomous Snake, I-izard Python, Boa, Anaconda and Boidae All Viverridae horses, mules, donkey, jackass, ferrets, guinea pigs, hamsters, mice, rats, degu, chinchilla, gerboa, hedgehogs, and rabbit. All Proboscidae All Procyonidae All Raptors (except Falcons) All Ratites (except Ostrich and Emus) Civet ~. extent of the classes of animals referred to. Permissible Animals Include: domesticated dogs, cats, goats, sheep, pig; cattle, Page 4 of 4 p Coati, Raccoon, Ringtails Eagle, Hawk, Owl, Vulture Cassowary, Rheas * Note: The cornmon names referred to in the right hand column are sonie of the nanies of animals referred to in the left hand column of this schedule. The common name is provided for information purposes only and are not intended to limit the 11