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BY-LAW NUMBER 2013-168
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
BEING A BY -LAW TO PROHIBIT OR OTHERWISE
REGULATE THE KEEPING OF CERTAIN ANIMALS
WITHIN THE TOWNSHIP OF UXBRIDGE
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
UXBRIDGE ENACTS A BY-LAW AS FOLLOWS:
SHORT TITLE
This By-law may be cited as the Prohibited Animal By-law
Section 1 - Definitions
1.1
For the purpose of this By-law:
a)
"Animal" shall mean any member of the animal kingdom excluding
humans, dogs and cats, and without limiting the generality of the foregoing
shall include livestock, birds and reptiles;
b)
"Animal Control" shall mean the Animal Control Department of the
Corporation of the Township of Uxbridge;
c)
"Assisting Agency" shall mean a person, business, sanctuary, organization
or agency acting under the direction of an Officer directly contributing
tactical expertise or service resources to an Officer;
d)
"Clerk" shall mean Clerk of the Corporation of the Town ship of Uxbridge;
e)
"Council" shall mean Council of the Corporation of the Township of
Uxbridge;
f)
"Domestic Animal" shall mean an animal that has been tamed and kept by
humans and has through selective breeding, become notably different
from its wild ancestors, and includes an animal derived from self-
sustaining captive populations;
g)
"Dwelling Unit" shall mean a suite of two (2) or more rooms, designed or
intended for use by one family only, in which sanitary conveniences,
facilities for cooking or the installation of cooking equipment, and a heating
system is provided and containing a private entrance from outside the
building or from a common hallway or stairway inside but does not include
a tent, trailer or mobile home;
h)
"Enclosure" shall mean a pen or other enclosure that prevents animals
from leaving the property and prevents contact between those animals,
and people and other animals, but shall not include an electronic
containment system;
i)
"Lot Line" shall mean any boundary of a lot or the vertical projection
thereof;
j)
"Livestock" shall mean any domestic fowl (including chickens, ducks,
geese, turkeys, guinea fowl, swans, ostrich, etc.), domestic rabbits (when
more than three (3) rabbits are kept), ferrets or chinchillas (when more
than two (2) domestic ferrets or chinchillas are kept) horses, donkeys,
mules, bulls, oxen, cows or other cattle, sheep, lamb, goats, pigs, llamas,
mink, emus, alpacas, wild boar, bison, deer, elk, ponies, rhea, fox, or bees
used or kept for agricultural purposes in an area zoned Rural (RU) in
accordance with the Township Zoning By-law;
k)
"Officer" shall mean an Animal Control Officer, a Municipal Law
Enforcement Officer, a person authorized by Council with the
responsibility for enforcing and administering this by-law and appointed by
Township of Uxbridge By-law, or a Police Officer;
I)
"Owner" shall mean a person or their authorized agent who keeps, owns
or harbours one or more animals within the Township, and where the
Owner of the animal is a minor, the person responsible for the custody of
the minor;
m)
"OSPCA" shall mean the Ontario Society for the Prevention of Cruelty to
Animals;
n)
"Person" shall include an individual, a sole proprietorship, a partnership,
an unincorporated association, a trust, a body corporate and a natural
person;
o)
"Pet Shop" shall mean the carrying on at a premises of any nature
(including a private dwelling) of a business of selling animals as pets, and
as including references to the keeping of animals in any such premises as
aforesaid with a view to their being sold in the course of such a business,
whether by the keeper thereof or by any other person.
p)
"Pigeon" shall mean any of the various birds of the widely distributed
family Columbidae, characteristically having plump bodies, small heads,
and short legs, especially the rock dove or any of its domesticated
varieties;
q)
"Premises" shall mean a parcel of real property under registered
ownership and includes all buildings and structures thereon;
r)
"Prohibited Animal" shall mean an animal set out in Schedule "A" of this
By-law, and shall include livestock and wildlife;
s)
"Prohibited Animal Education Event" shall mean any exhibit, public show,
circus, carnival, petting zoo or other display or act of education or
entertainment using any live Prohibited Animal .in accordance with the
Township Comprehensive Business Licensing By-law No;
t)
"Service Animal" shall mean an animal:
i.
trained to be used by a person with a disability for reasons
relating to his disability;
ii.
trained to be used by a peace officer in the execution of his or her
duties; or
iii.
trained to be used by a person who is authorized by an Officer to
assist another Officer in his duties.
u)
"Township" shall mean the Corporation of the Township of Uxbridge.
v)
"Wildlife" shall mean an animal that belongs to a species that is wild by
nature, and includes game wildlife and specially protected wildlife as
defined in the Fish and Wildlife Conservation Act, 1997, S.O. 1997, c.41.
Section 2 - General Provisions
2.1
No person shall keep, own, harbour, or permit to be kept, owned, or harboured
any prohibited animal in Schedule "A", attached hereto, within the Township.
2.2
No person shall keep, own, harbour, or permit to be kept, owned, or harboured,
any protected or endangered animal, whose possession or sale is prohibited
pursuant to the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES), the Wild Animal and Plant Protection and
Regulation of International and Interprovincial Trade Act (WAPPRIITA), the
Species at Risk Act (SARA), the Migratory Birds Convention Act, and the Fish
and Wildlife Conservation Act in the Township.
2.3
No person shall keep, own, harbour, or permit to be kept, owned, or harboured,
more than two (2) domestic ferrets or chinchillas in or about a dwelling unit within
the Township.
2.4
No person shall keep, own, harbour, or permit to be kept, owned, or harboured,
more than three (3) domestic rabbits in or about a dwelling unit within the
Township.
2.5
No pet shop shall expose, display, keep, own harbour, sell or trade or permit to
be exposed, displayed, kept, owned, harboured, sold or traded any prohibited
animal within the Township.
Wildlife
2.6
No person shall keep, own, harbour, or permit to be kept, owned or harboured
any wildlife within the Township.
2.7
No person shall feed wildlife within the Township.
2.8
Section 2.7 shall not apply when,
a)
the person is feeding indigenous wild birds on their own property; and
b)
the person ensures that all food and debris is contained within a bird
feeder on their own property; and
c)
the person ensures that any debris or bird waste is cleaned and disposed
of in a sanitary manner.
2.9
No person shall bait wildlife within the Township.
2.10
Section 2.9 shall not apply when,
a)
the person is baiting wildlife in accordance with the provisions of the Fish
and Wildlife Conservation Act, 1997, S.O. 1997, c. 41.
Livestock
2.11
No person shall keep, own, harbour, or permit to be kept, owned or harboured
any livestock within the Township of Uxbridge.
2.12
Section 2.11 of this by-law shall not apply to livestock kept, owned or harboured
in any area zoned Rural (RU) in accordance with the Township of Uxbridge
Zoning By-law No. 1981-19, as amended.
Pigeons
2.13
Every owner of domestic pigeons shall:
a)
keep no more than seventy (70) pigeons at any time;
b)
be a member of a recognized pigeon club which is affiliated with a
national organization;
c)
ensure all pigeons are not kept in, upon, or under any dwelling unit,
apartment building or other building used for human habitation;
d)
keep all pigeons in a pigeon enclosure of sufficient size to house all
pigeons; which shall be of a minimum height of 1.8 metres, with a
minimum floor area measuring 1.5 metres in length and 1.5 metres in
width for every ten (1 0) pigeons, and shall be constructed as to prevent
escape of pigeons;
e)
ensure the pigeon enclosure is located no less than seven (7) metres from
any dwelling unit, apartment building, commercial establishment,
industrial establishment, recreational establishment or other building used
for human habitation and no less than three (3) metres from any lot line;
f)
ensure each pigeon wear a metal or plastic leg band that shall identify the
owner of the bird, and shall register these numbers with a recognized
pigeon club which is affiliated with a national organization;
g)
ensure the pigeons do not stray, perch, roost, nest or rest upon any
premises other than on premises of the owner;
h)
keep the pigeons in a building, structure, loft, pen, coop or run which is
maintained in a state of good repair;
i.
pursuant to Section 2.13(h) of this By-law, ensure the building,
structure, loft, pen, coup or run is in compliance with the
Township of Uxbridge Zoning By-law No. 1981-19 as amended,
and the Ontario Building Code Act, 1992. S. 0. 1992, Chapter 23.
i)
lime wash, paint or disinfect the inside walls and ceilings of all buildings,
structures, lofts, pens, coops and runs used for the keeping of pigeons
other than outside runs enclosed solely with wire, at least four times per
calendar year;
j)
remove and dispose of in a sanitary manner, at least twice each week, all
pigeon droppings and refuse within or adjacent to all buildings, structures,
lofts, pens, coops and runs used for the keeping of pigeons, it being
understood that this requirement shall not apply when below freezing
temperatures prevent waste removal and disposal;
k)
keep the pigeons enclosed at all times, except to allow a maximum of two
(2) daily, two (2) hour, flight periods during which no more than fifty
percent (50%) of the total number of pigeons being kept shall be permitted
to be at large during any particular flight period, it being understood that
this restriction shall not apply to members of a racing pigeon club when
the members are participating in a bona fide flight conducted by the club.
I)
store all pigeon feed in animal-proof containers;
m)
ensure that no pigeon is fed when outside of its enclosure.
2.14
No person shall keep, own, harbour, or permit to be kept, owned, or harboured,
pigeons in an enclosure that does not provide adequate space, lighting or
ventilation for the number of pigeons kept within.
Section 3 - Minimum Animal Care Requirements
3.1
Every owner permitted to keep, own or harbour, an animal pursuant to this by-
law, shall provide or cause such animal to be provided with adequate food,
water, shelter and veterinary care as required to maintain the health and
well-being of the animal.
3.2
Section 3.1 of this By-law shall be enforced by an inspector or agent, authorized
by the OSPCA, under the provisions of The Ontario Society for the Prevention of
Cruelty to Animals Act, R.S.O. 1990, c. 0.36, as amended.
Section 4 - Control of Animals
4.1
Every Officer may, at any reasonable time pursuant to By-law No. 2009-055, The
Powers of Entry for the Purpose of Inspection By-law, enter upon any property for
the purpose of carrying out an inspection to determine whether or not the
provisions of this By-law are being complied with.
4.2
Every Officer shall have the power to seize and impound any prohibited animal
found within the Township contrary to the provisions of this By-law.
4.3
Every Officer exercising the power to inspect, seize or impound pursuant to
Section 4.1 and Section 4.2 of this by-law may be accompanied by an assisting
agency acting under his direction.
4.4
Every Officer, prior to utilizing an assisting agency, shall cause the assisting
agency to sign an agreement that they are operating under the direction of the
Officer stating that:
a) any animal seized, or impounded by the assisting agency under the
direction of the Officer shall be under the control and authority of the
Township;
b) the assisting agency shall not posses any ownership rights or control of
the prohibited animal and is solely acting as a custodial assistant under the
direction of the Officer;
c) the assisting agency shall immediately release the animal to an Officer or
to an owner when directed by the Officer.
4.5
An Officer may release a prohibited animal to a person claiming to be the Owner
of the animal only where such person within five (5) days, exclusive of Sundays
and statutory holidays, after the date of seizure and impounding, provides:
a) proof of ownership of the prohibited animal to the satisfaction of the
Officer;
b) proof that the premises at which they intend to keep the animal is not
within an area of the Township where the keeping of such an animal is
prohibited by this By-law;
c) proof that the prohibited animal shall be removed from the Township within
twenty-four (24) hours of release to a municipality where the animal is
permitted;
d) payment to the Township of the fee for seizing and impounding of a
prohibited animal pursuant to Section 4.2 of this By-law as set out in
Schedule 'B' to this By-law, and shall be reflected in the Township Fees
By-law;
e) payment to the Township of an administrative fee as set out in Schedule
'B' to this By-law, and shall be reflected in the Township Fees By-law;
f)
payment to the Township of any cost of veterinary care received by the
animal after being seized and impounded that the Officer deemed
necessary for the well being of the animal; and
g) payment to the Township of any cost incurred by an assisting agency
acting under the direction of an Officer for the seizure and impoundment of
an animal.
4.6
Where seized and impounded pursuant to Section 4.2 of this By-law, on the sixth
(6th) day, exclusive of Sundays and statutory holidays, after the date of seizure
and impounding, the prohibited animal has not been released to the Owner
pursuant to Section 4.5 of this by-law, the Township may:
a) sell or make gift of the prohibited animal; or
b) release the prohibited animal to a bona fide zoo or other facility authorized
to keep and care for such prohibited animal and that facility may include a
facility named under or subject to the Animals for Research Act, R.S.O.
1990, Chap. A.22; or
c) euthanize the prohibited animal in a humane manner subject to the
Animals for Research Act, R.S.O. 1990, Chap. A.22.
4.7
Where a prohibited animal seized and impounded is injured or should be
euthanized without delay for humane reasons, or for reasons of safety to person
or animals, or the inability to provide adequate housing for the prohibited animal,
an Officer may euthanize, or order to be euthanized the prohibited animal in a
humane manner as soon after as he sees fit without permitting any person to
claim possession of the animal and without offering it for sale and no damages or
compensation shall be recovered or recoverable on account of its destruction.
4.8
Nothing in this By-law shall prevent an Officer from euthanizing a prohibited
animal which is suffering illness or injury and, in the Officer's opinion, will not
humanely sustain life.
4.9
Animal Control shall keep a record of all prohibited animals seized and
impounded pursuant to this By-law.
Section 5 - Exceptions
5.1
The provisions contained in Section 2 of this By-law shall not apply to prohibited
animals kept:
a)
by the Township;
b)
by any recognized OSPCA or Humane Society facility;
c)
as a Service Animal;
d)
in a permanent premise or facility accredited by the Canadian Association
of Zoos and Aquaria (CAZA) or a temporary exhibit or show conducted by
a CAZA accredited institution for the purpose of education, provided that
such exhibit or show is limited to three (3) days at any one (1) location and
prohibited animals are only present during the educational component;
e)
at a location where professionally produced films or television shows,
which possess a valid Township Filming Permit, require the use of
prohibited animals, provided there is supervision by inspectors and agents
of the OSPCA;
f)
on the premises of an accredited veterinary facility under the supervision
of a veterinarian licensed pursuant to the Veterinarians Act, R.S.O. 1990,
Chapter V.3, as amended;
g)
by a medical or educational institution, or other accredited school where
prohibited animals are being kept for research, study or teaching
purposes, on a premises registered as a research facility under the
Animals for Research Act R. S. 0. 1990 c.A. 22;
h)
at a premises where wildlife rehabilitation is being undertaken in
accordance with the Fish and Wildlife Conse/Vation Act, 1997, S.O.
1997, Chapter 41, as amended and associated regulations under the
jurisdiction of the Ontario Ministry of Natural Resources or the Canadian
Wildlife Service.
i)
by an animal exhibition on a premises approved by the Township,
including but not necessarily limited to, a person conducting a circus,
rodeo or petting zoo in accordance with the Township Comprehensive
Business Licensing By-law.
Section 6 - Penalties
6.1
Every person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act, R. S. 0. 1990,
c.P.33, as may be amended from time to time.
Section 7 -Administration
7.1
Unless otherwise indicated, the administration of this By-law shall be assigned by
Council to the Director of Legislative Services/Clerk who may delegate the
performance of his functions under this By-law from time to time as occasion
requires.
7.2
In this By-law, unless the contrary intention is indicated, words used in the
singular shall include the plural and words used in the male gender shall include
the female gender or vice versa, where applicable.
7.3
If there is a conflict between a provision in this By-law and a provision of any
other Municipal By-law, the provision that establishes the highest standard to
protect the health, safety and welfare of the general public shall apply.
Section 8 - Enforcement
8.1
An Officer shall be responsible for the enforcement of this By-law.
8.2
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer or
the Clerk while exercising any power or performing any duty under this By-law.
Section 9 - GrandfatherinQ
9.1
This By-law shall come into full force and effect on the date of its passing by
Council.
9.2
This By-law shall apply to all Prohibited Animals which were kept, owned or
harboured or permitted to be kept, owned or harboured before this By-law was
enacted and passed.
Section 10 - Repeal of ExistinQ Bv-laws
10.1
That By-law No. 1990-009, as amended, shall be repealed in its entirety.
Section 11 - Severability
11.1
In the event any section or provision of this By-law is held invalid, the remainder
of the By-law shall continue in force.
READ a FIRST, SECOND and THIRD TIME and finally passed this 11th day of
November, 2013.
~ON
NOR
MAYOR
DEBBIE lEROUX
CLERK