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THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2019 if
A BY-LAW TO PROHIBIT AND REGULATE ANIMALS
BEING AT LARGE
WHEREAS pursuant to Section 11(3)(9) of the Municipal Act, S.O. 2001, c.M.25
(the "Act"), municipalities have jurisdiction to pass bylaws with respect to animals;
AND WHEREAS Section 446 of the Act, a municipality may enact a by-law to
require that a matter or thing be done and in default, the matter or thing may be done by the
municipality at the person's expense and further that the costs of doing so may be added to the
tax roll and collected in the same manner as taxes;
AND WHEREAS pursuant to Section 103 of the Act, municipalities may pass
bylaws regulating or prohibiting animals being at large or the trespassing of animals, including,
but not limited to, the seizure or impounding of animals;
AND WHEREAS Section 436 of the Act provides that a municipality has the
power to pass by-laws providing that the municipality may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether or not, among other things,
a by-law passed under this Act has been complied with;
AND WHEREAS it has been deemed by the Council of the Corporation of the
City of Welland necessary to pass a By-law to regulate and prohibit animals being at large,
including being at large on a highway;
BE IT ENACTED as a Bylaw of the Corporation of the City of Welland as follows:
1.
DEFINITIONS
(a) "Animal" shall mean any animal as defined in Section 11 .1 of the Act, other
than a domestic dog or cat.
(b) "City" shall mean The Corporation of the City of Welland.
(c) "Owner" shall mean the registered or beneficial Owner of an animal, and
any person possessing, harbouring, or keeping an animal and, where the
Owner is a minor, the person responsible for the custody of the minor, and
includes a person who is temporarily the keeper or is in control of the animal
and the word "owns" has a corresponding meaning.
(d) "Pound Keeper" means the person or organization appointed for the
purposes of enforcing animal control in the City.
(e) "Running at Large" shall mean being any other place than the Owners land
or premises.
(f) "Trespass" means being on private property without permission of the
Owner of the private property or being at large on property owned by the
City.
(g) "Welland and District Humane Society" shall mean the Welland and
District Humane Society which is the local affiliated society of the OSPCA
that provides animal shelters and pounds at 60 Provincial Street, Welland,
Ontario, L3B 5W7
(h) "Under the Control" shall mean the any animal shall be leashed, tethered
or harnessed while off of the Owner's property.
2.
Keeping of Animals
No person shall keep animals on any premise in the City unless the premises
are zoned to permit the keeping of animals by the City of Welland Zoning Bylaw
No. 2017-117, as amended, and any successor thereto.
3.
Prohibition
4.
5.
6.
7.
(a)
No Owner shall allow, permit or cause any animal to run at large in the
City.
(b)
No Owner or person in charge of any animal shall permit an animal to
trespass.
Impounding
(a)
Where an animal is found to be running at large, the pound keeper
may try to contact the Owner to retrieve their animal.
(b)
Where any animal is running at large contrary to this bylaw the animal
may be impounded by the Pound Keeper.
(c)
Any animal seized by the Pound Keeper may be placed in a suitable
shelter for the type of animal until the animal is claimed.
Claiming
(a)
The Pound Keeper shall make reasonable efforts to determine the
identity of the Owner of the animal and to inform the Owner and the
municipal clerk that an animal has been impounded, in accordance with
the Pounds Act, R.S.O. 1990, c P.17.
(b)
The Owner of any animal impounded pursuant to this bylaw may obtain
the release of said animal upon payment of the fees incurred for the
capturing, impounding and care of the animal.
(c)
Where an animal is injured before or after being seized or impounded,
and in the opinion of the Pound Keeper should be destroyed without
delay for humane reasons or for reasons of safety to persons or animal,
the Pound Keeper may destroy the animal in a humane manner as soon
after being seized or impounded.
(d)
Where an animal is seized or impounded by the Pound Keeper, and the
services of a veterinarian are required, the Owner shall pay to the Pound
Keeper all fees and charges of the veterinarian services in addition to the
costs incurred for the capturing, impounding and care of the Animal.
(e)
If any animals impounded by the Pound Keeper pursuant to this bylaw
are not claimed within eight (8) days after impounding, or if the damages,
penalties and expenses imposed by this bylaw or otherwise payable
bylaw are not paid, the Pound Keeper may sell such animal(s).
Sale Procedures
A sale of animals by the Pound Keeper shall be made in accordance with the
provisions of the Pounds Act, except that:
(a)
the notices for the sale thereof under Section 10 of the Pounds Act shall
be given by the Pound Keeper within two (2) days after impounding, and
(b)
a copy of the notice of sale shall be mailed by prepaid ordinary mail to
the last known address of the Owner, if such Owner is known to the
Pound Keeper;
Appointment of Pound Keeper
Welland and District Humane Society is hereby appointed as Pound Keeper for
the purposes of this Bylaw.
2
8.
Remediation
(a) Where the Owner is in default of doing any matter or thing directed or
required to be done under this by-law, an officer may direct the completion
and enforcement of such matter or thing at the Owner's expense.
(b) The City may recover the costs incurred pursuant to this by-law in
accordance with Section 446 of the Act.
(c) The City may, prior to recovering costs incurred invoice Owners requesting
voluntary payment of said costs.
(d) The City may place a lien on the property as per Section 446 of the Act.
9.
Enforcement
(a) Where a person fails to comply with the requirements of this Bylaw, the City
may give the person notice and direction to comply. Further, where a person
is directed and fails or neglects to comply with such notice, upon conviction
shall be liable to fines as provided for in the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended.
(b) A Pound Keeper may enter upon land at any reasonable time for the purpose
of carrying out an inspection to determine whether or not:
i) The provisions of this Bylaw are being complied with; or
ii) A direction or notice under this Bylaw is being complied with
(c) No Person shall hinder or obstruct any Pound Keeper, or any Persons lawfully
acting in the aid of such Pound Keeper, in the executions of their duties under
this Bylaw.
10.
Offences and Penalties
Every person who contravenes any provision of this bylaw is guilty of an offence
and upon conviction is liable to fines as provided for in the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended.
11 .
Force and Effect of Bylaw
This By-law shall come into full force and effect upon approval of the set fines
by order of the Chief Justice of Ontario.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS
19TH DAY OF February, 2019.
Frar;i!?-carwoo, MAYOR
'1,7t~
Rosanne Mantesso, ACTING CLERK
3
ITEM
1.
2.
3.
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW 2019-_!_L
BEING A BY-LAW TO PROHIBIT AND REGULATE
ANIMALS AT LARGE WITHIN THE CITY OF WELLAND
PART I PROVINCIAL OFFENCES ACT
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating or
Set Fine
Defining Offence
Permit animal to run at larqe
3(a)
$125.00
Permit animal to trespass
3(b)
$125.00
Obstructing an Officer of
9(c)
$125.00
AQent
NOTE: The penalty provision for the offences listed is Section 10) of By-law 2019-__
, a
certified copy of which has been filed and s. 61 of the Provincial Offences Act, R.S.O. 1990, c.
P. 33