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The Corporation of The Township of Tyendinaga
By-law 10-2022
Being a by-law to prohibit or otherwise regulate the keeping of certain
animals within the Township of Tyendinaga
Whereas pursuant to the Municipal Act, S.O. 2001, c.25 as amended, empowers
councils of a local municipality to pass by-laws to regulate or prohibit the keeping of
animals or any class thereof within the municipality or defined area thereof; and
Whereas pursuant to Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25, a lower
tier municipality may pass By-laws respecting the health, safety and well-being of
persons, protection of persons and property, consumer protection and animals; and
Whereas Section 436 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that the
municipality has the power to pass By-laws authorizing the power of entry for the
purpose of inspecting land to determine compliance with a By-law, direction, order, or
condition of license; and
Whereas a\it has been deemed necessary to prevent a nuisance by restricting or
prohibiting certain animals in certain areas and further to protect the health and safety
of the public from certain endangered or dangerous animals;
Now therefore be it resolved that the Council of the Corporation of Township of
Tyendinaga enacts as follows:
1. Short Title
This By-law shall be known and cited as the "Exotic Animal By-law".
2. Interpretation
For the purposes of this By-law the following terms shall have the corresponding
meanings:
"Attack" shall mean physical contact that results in scratches, lacerations,
punctures, bleeding, bone breakage or other physical damage to a person or
animal, or punctures, rips, tears or other damage to clothing worn by a person.
"Council" means the Council of the Corporation of the Township of Tyendinaga.
"Dangerous animal" shall mean any animal that is, or is deemed to be, potentially
harmful to humans due to their nature, aggressiveness, size, strength, speed,
physical attributes, such as sharp teeth and claws, venom or toxins and that
require specifically designed enclosures to ensure safekeeping, including animals
listed in Schedule A of this By-law.
"Domesticated animal" is an animal that has been selectively bred and genetically
adapted over many generations for particular physical and behavioural traits that
make them amendable to living alongside humans and which make them
genetically distinct from their wild ancestors or cousins.
"Enclosure" shall mean any cage, pen, container, or structure that prevents
animals from leaving a premises as defined herein and prevents contact between
those animals and persons and other animals.
"Grandfathered" means the lawful keeping of any animal, currently prohibited
under the provisions of this By-law, provided such animal was lawfully kept prior
to the prohibition.
"Municipality" means the Corporation of the Township of Tyendinaga or employee
thereof.
"Officer" means a Municipal By-law Enforcement Officer, Police Officer, or Animal
Control Officer.
"Pet business" shall mean any establishment, business or person engaged in the
retail sale of animals.
"Professional standards" mean professional standards for animal housing,
husbandry, care, safety, handling, transport and other areas that have been
established by reputable professional zoo and sanctuary bodies and which are
generally considered to be authoritative statements in their industry.
"Prohibited animal" or "Exotic animal" shall mean any animal listed in Schedule A
of this By-law.
"Proof" means documentation signed by a qualified veterinarian attesting to the
age of the animal together with purchase documents, such purchase documents
being in an original form and identifying the animal, the name and address of the
pet store or person from whom the animal was purchased, the date the animal
was purchased, the purchase price, and the name and address of the purchaser,
or medical records identifying the animal, the name and address of the qualified
veterinarian administering such medical services and the dates such services were
administered, including the date of commencement of such care of the animal.
Such records must clearly establish that the applicant owned the animal in
question prior to the date of passage of a by-law to otherwise prohibit the keeping
of such animal and further that the owner and animal resided in the Municipality
at such time.
"Safekeeping" shall mean the provision of enclosures, security and other measures
that prevent an animal from attacking or injuring a person, domesticated animals
or other animals or exposing same to infection or disease.
"Wildlife exhibit" means a place where live native wildlife is kept in captivity, for
regular or occasional display, to persons, for any purpose, and where the animals
and such persons are physically segregated from each other by fixed barriers,
whether or not an admission fee is charged.
3. General Provisions
3.1.
No person shall own, possess, harbour or in any other manner keep any
animal listed in Schedule A of this By-law except where provided for under
the provisions of this By-law or any Federal or Provincial legislation.
3.2.
No person shall sell, offer for sale or display for sale any Animals listed in
Schedule A of this By-law except where provided for under the provisions of
this By-law or any Federal or Provincial legislation.
3.3.
No person shall import or export any Animal listed in Schedule A of this By-
law except where provided for under the provisions of this By-law or any
Federal or Provincial legislation.
3.4.
Sections 3.1, 3.2 and 3.3 shall not apply to:
a) an Officer or Provincial Offences Officer in the performance of
their duties;
b) a qualified Veterinarian treating any such Animal that is not
his or her property at a recognized animal care facility;
c) mobile zoos or reptile displays for educational purposes.
4. Grandfathered Animals
4.1.
Any person who possesses, harbours or keeps a prohibited exotic animal
shall remove the exotic animal, or make application and provide to the
Municipality proof that the animal was lawfully owned prior to the
prohibition, within 90 days of a prohibition of the keeping of an animal. Upon
being satisfied that the animal was lawfully owned prior to the prohibition,
the Clerk or designate may deem the animal to be "grandfathered" and enter
such information pertaining to the animal and its owner into a registry of
grandfathered animals. A grandfathered animal may be kept until it has died
or has otherwise been disposed of.
4.2.
All grandfathered animals must be identifiable by photographs and a
description of the particular animal that allow it to be positively identified
and/or permanent markings, such as tattoos, microchips or other
identification methods that allow positive identification.
4.3.
The keeping of grandfathered animals is subject to compliance with all other
relevant By-laws and provincial laws, regulations, rules and agreements,
including zoning and licensing By-laws.
4.4.
The Municipality may, at the discretion of the Clerk or designate impose
special terms or conditions on the keeping of any grandfathered animal (e.g.
housing). Any person who possesses, harbours or keeps a grandfathered
animal shall comply with any special term or condition imposed by the Clerk
or designate.
4.5.
Any person owning or in possession or regular control of a grandfathered
animal must provide an Undertaking in writing that they will take all
measures at all times that are reasonably required to ensure that the animal
does not constitute a danger to the any member of the public and that
dangerous animals are housed according to recognized professional zoo or
sanctuary industry standards.
4.6.
Where grandfathered animals can be viewed or visited, by invitation or
otherwise, by members of the public, there shall be no contact between
members of the public and the animals.
4.7.
Where any grandfathered animal is deemed to be dangerous and/or
potentially jeopardizes the health or safety of any individual and/or is
deemed to be improperly or unsafely housed, enclosed or cared for, the
grandfathered status of that animal may be revoked by the Clerk or
designate.
4.8.
Grandfathered animals that upon inspection by the Clerk or designate are
deemed to be improperly or unsafely housed, enclosed or cared for, may be
seized and impounded.
4.9.
Any owner of an animal impounded pursuant to this By-law shall be liable to
pay all costs of impounding the animal, its care and upkeep and all other
reasonable costs related thereto.
4.10.
Any person who moves a grandfathered animal to a location other than the
one on file with the Municipality, shall notify the Clerk or designate of the
new location within forty-eight (48) hours after the animal is moved.
5. Exemptions
5.1.
This By-law shall not apply to a veterinary hospital as permitted under the
Township of Tyendinaga Zoning By-law, which is under the care of a licensed
veterinarian.
5.2.
This By-law shall not apply to a shelter or branch of the Ontario Society for
Prevention of Cruelty to Animals or to a municipally operated pound or
shelter.
5.3.
This By-law shall not apply to animals maintained in a public park or wildlife
exhibit owned or operated by the Township of Tyendinaga.
5.4.
This By-law shall not apply to native wildlife species licensed in accordance
with the Ontario Fish and Wildlife Conservation Act, 1997 and exempts only
those animals described and listed on individual licenses.
5.5.
This By-law shall not apply to domesticated livestock or other domesticated
animals in agricultural fairs, shows or exhibitions or domesticated animals
on lands zoned for agricultural purposes.
5.6.
This By-law shall not apply to premises registered as Research Facilities
under the Animals for Research Act, R.S.O. 1990, c. A. 22, as amended.
5.7.
Notwithstanding anything contained in this By-law, any person may make
application to the Municipality to be granted an exemption from any of the
provisions of this By-law with respect to the keeping of any class of animal
where a written request is received for such authorization. The Municipality
may refuse to grant any exemption or may grant the exemption applied for
or any exemption of lesser effect and any exemption granted shall specify
the time period during which it is effective and may contain such terms and
conditions as the Municipality sees fit:
a) In deciding whether to grant the exemption, the Municipality
shall consider the application and any written submission
made by the applicant and may consider such other matters
as it sees fit.
b) Breach by the applicant of any of the terms or conditions of
any exemption granted by the Municipality shall render the
exemption null and void.
6. Impounding and Release
6.1.
An Officer, or Provincial Offences Officer, may take into their custody and
impound any Animal listed in Schedule "A" found to be At Large, at the
discretion of the officer, and such Animal may be released to a bona fide zoo
or other facility authorized to keep and care for such Animals and that facility
may include a facility named under the Research Animals Act.
6.2.
An Officer, or Provincial Offences Officer, may take into their custody and
impound any Animal listed in Schedule "A" found to be a danger to the
public, at the discretion of the officer, and such Animal may be released to
a bona fide zoo or other facility authorized to keep and care for such Animals
and that facility may include a facility names under the Research Animals
Act.
6.3.
An Animal may be released to its owner provided proof that the Animal shall
be removed from the Municipality forthwith is provided and the applicable
fee for impounding and keeping the Animal has been received by the
Municipality.
6.4.
The owner shall be liable for the impoundment and maintenance fees, any
damages caused by such Animal and for the expenses, if any, incurred by
the Municipality or third party acting on behalf of the Municipality, plus any
penalties that may be outstanding.
6.5.
After the expiry of five (5) consecutive days where an Animal has not been
restored to its Owner after a reasonable effort has been made to locate such
Owner, the Officer may destroy the Animal in a manner that the Officer
considers reasonable, desirable and humane, and is in keeping with the limits
allowed by any Provincial or Federal Statute or relocate the animal to a bona
fide zoo or other facility authorized to keep and care for such Animals.
6.6.
This By-law shall not apply to domesticated livestock or other domesticated
animals in agricultural fairs, shows or exhibitions or domesticated animals
on lands zoned for agricultural purposes.
7. Administration and Enforcement
7.1.
This by-law shall be administered by the Municipal By-law Enforcement
Officer(s) of the Municipality or such person or persons as Council may, by
By-law, appoint.
7.2.
This by-law shall be enforced by the Municipal By-law Enforcement Officer(s)
of the Municipality or such person or persons as Council may, by By-law,
appoint.
7.3.
The Municipal By-law Enforcement Officer(s), or person designated by
Council, who enters land or premises to enforce this By-law may take with
him or her such other person as he or she considers advisable to assist.
8. Right of Entry
8.1.
An Officer or person designated by Council shall be permitted to enter onto
land at any time for the purpose of enforcing this Bylaw and any orders or
conditions imposed under the authority of this By-law.
8.2.
A person exercising a power of entry on behalf of the Municipality under this
By-law must, upon request, display or produce proper identification.
9. Penalties
9.1.
Any person who contravenes any provisions of this By-law is guilty of an
offence and, upon conviction is liable to a fine as provided for the in
Provincial Offences Act.
9.2.
Every person who is convicted of an offence under this By-law may be
subject to a fine of not more than five thousand dollars ($5,000) for each
offence and every Corporation may be subject to a fine of not more than ten
thousand dollars ($10,000) for each offence. Such fines shall be recoverable
under the Provincial Offences Act.
10. Contraventions of By-law
10.1.
Each day that a situation as described in Section 3 of this bylaw is allowed
to continue shall constitute a separate offence under this by-law and any
Judge or Justice of the Peace adjudicating on such matter may assess a
separate fine for each and every day that such situation has been allowed
to continue.
11. Obstruction
11.1.
In accordance with the provisions of the Municipal Act S.O. 2001, c. 25, as
amended, no person shall hinder, interfere with or otherwise obstruct, either
directly or indirectly, an Officer, employee of the Municipality and/or agent
in the lawful exercise of a power or duty under this by-law.
11.2.
Any person who has been alleged to have contravened any of the provisions
of this by-law, who fails to identify himself/herself shall be deemed to have
obstructed or hindered the person exercising a power or performing a duty
under this by-law.
12. Municipality Not Liable
12.1.
The Municipality assumes no liability for property damage, damage to animal
or personal injury resulting from remedial action, remedial work and
enforcement undertaken with respect to any person, animal or property that
is subject of this by-law.
13. Rebuttable presumption - identification
13.1.
In a prosecution for a contravention of this By-law, evidence of identification
shall be presumed to be correct and accurate, unless rebutted by evidence
to the contrary.
14. Conflict with other laws
14.1.
Where the provisions of this By-law conflict with the provisions of any other
By-law or Act, the more restrictive provisions shall apply.
15. Validity and Severability
15.1.
If, for any reason, any section, clause or provision of this By-law is deemed
by a Court or competent jurisdiction to be invalid, the same shall not affect
the validity of this By-law as a whole or any part thereof other than the part
which was declared to be invalid.
16. Enactment
16.1.
That this By-law shall come into full force and effect on the date of its
passing.
16.2.
This By-law may be cited as the "Exotic Animal By-law".
Read a first and second time this 7th day February, 2022.
Read a third and final time and finally passed this 7th day February, 2022.
_____________________________
Rick Phillips, Reeve
_____________________________
Carla Preston, CAO/Deputy Clerk
Schedule "A" to By-law 10-2022
Animals Prohibited or Dangerous
Class of animal and common names
(Common names are provided for illustration purposes only and are not intended to
limit the extent of the classes of animals referred to in this schedule)
Mammals
Canidae (such as coyotes, wolves, foxes, hybrid wolf dogs) except domestic dogs
Chiroptera (bats such as fruit bats, myotis, flying foxes)
Edentates (such as anteaters, sloths, armadillos)
Felidae (such as tigers, leopards, lions, cougars) except domestic cats
Hyaenidae (such as hyenas)
Lagomorpha (such as hares, pikas) except rabbits
Marsupials (such as kangaroos, opossums, wallabies)
Mustelidae (such as mink, skunks, weasels, otters, badgers) except ferrets
Non-human primates (such as chimpanzees, gorillas, monkeys, lemurs)
Proboscidae (elephants)
Procyonidae (such as coatimundi, cacomistles)
Rodentia (such as porcupines and prairie dogs) except rodents which do not exceed
1,500 grams and are derived from self-sustaining captive populations
Ursidae (bears)
Viverridae (such as mongooses, civets, genets)
Reptiles
Crocodylia (such as alligators, crocodiles, gavials)
All snakes which reach an adult length larger than 3 metres
All lizards which reach an adult length larger than 2 metres
Other
All venomous and poisonous animals and arachnids
Township of Tyendinaga
Part I Provincial Offences Act
By-law 10-2022:Exotic Animal
Item
Column 1
Short Form
Wording
Column2
Provision
Creating/Defining
Offence
Column 3 Set
Fine
1.
Own, possess,
harbour or keep any
prohibited animal
Section 3.1
$400.00
2.
Sell, offer for sale or
display for sale any
prohibited animal
Section 3.2
$400.00
3.
Import or export any
prohibited animal
Section 3.3
$400.00
4.
Obstructing an Officer
or Agent
Section 11.1
$100.00
NOTE: the general penalty provision for the offences listed above is section 9 of By-
law 10-2022, a certified copy of which has been filed.