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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