Exotic Animals By-law No. 7540 (office consolidation May 5, 2019)
Welland, Ontario
· adopted 1982-07-27
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OFFICE CONSOLIDATION revised as of MAY 5, 2019
BY-LAW NUMBER 7540
A BY-LAW REGARDING THE KEEPING OF ANY
KIND OF EXOTIC OR NON-DOMESTIC ANIMAL
IN THE CITY OF WELLAND
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF WELLAND ENACTS AS FOLLOWS:
Section 1 - DEFINITIONS
1.
(a)
"Animal" means any member of the animal kingdom, other than a
human as so defined in Section 11.1 of the Act;
(b)
"Animal Control Officer" means an employee or agent of the
Welland and District Humane Society, authorized for the purpose of
enforcing and carrying out the provisions of this By-law;
Section 2 - EXEMPTIONS
2.
This by-law does not apply to prohibit the keeping of any animal of the
kind described in Section 3 in the following places or circumstances:
(1)
on the premises of a lawfully operated zoo;
(2)
on the premises of the Welland and District Society for the
Prevention of Cruelty to Animals, also known as the Welland
Humane Society;
(3)
in a veterinary hospital under the care of a licensed veterinarian;
(4)
on the premises of a school or community college where such
animals are being kept for research, study or teaching purposes or
on premises registered as research facilities under Section 5 of The
Animals for Research Act, R.S.O. 1980, chapter 22.
(5)
by anyone holding a licence under any statute of the Legislature of
Ontario or the Government of Canada which permits the keeping of
animals under stated conditions;
(6)
on the premises of any television studio where such animals are
being kept temporarily for the purpose of a television production;
(7)
at a circus or like performance holding a licence from The
Corporation of the City of Welland.
Section 3 - GENERAL PROVISIONS
3.
(1)
Except as hereinafter provided, no person shall keep any kind of
exotic and non-domesticated animal that is, or may be, injurious to
human health, on private property, for sale, for exhibition, as a pet
or for any other purpose, is hereby prohibited in the City of Welland.
(2)
Without limiting the generality of Section 3 (1) above, the animals of
this kind listed in Schedule "A" attached hereto and forming part of
this by-law shall be deemed to be exotic and non-domestic kinds of
animals that are or may be injurious to human health.
Section 4 - RIGHT OF ENTRY
4.
(1)
An Animal Control Officer may at all reasonable times, enter upon
any land for the purpose of carrying out an inspection to determine
whether or not this By-law is being contravened.
Section 5 - ISSUE OF AND COMPLIANCE WITH NOTICE
5.
(1)
An Animal Control Officer may issue to the proper person a notice
of removal with respect to any prohibited animal found on the
premises or at large, setting out the time and date by which such
animals shall be removed from the premises.
(2)
Every such person shall comply with such notice within the stated
time.
Section 6 - SEIZURE OR SURRENDER
6.
An Animal Control Officer may take into its possession any animal listed in
Schedule "A" that may be seized or surrendered to him by the owner.
Section 7 - PENALTY
7.
Any person who contravenes this By-law is guilty of an offence and is
liable, upon conviction, to a penalty in accordance with the Provincial
Offences Act.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY
COUNCIL THIS
27th
DAY OF
July
1982.
___________________________________ MAYOR
___________________________________ CLERK
As Amended by: By-law 2018-125 passed December 18, 2018
As Amended by: By-law 2019-55 passed May 7, 2019
THE CORPORATION OF THE CITY OF WELLAND
SCHEDULE "A"
LIST OF ANIMALS, THE KEEPING OF WHICH IS PROHIBITED
WITHIN THE CITY OF WELLAND
1. All Marsupials (such as, Kangaroos and Opossums), except Sugar Gliders;
2. All Non-human Primates (such as, Gorillas and Monkeys);
3. All Felids, except the domestic cat;
4. All Canids, except the domestic dog;
5. All Viverrids (such as, Mongooses, Civets and Genets);
6. All Mustelids (such as, Skunks, Weasels, Otters, Badgers), except the
domestic Ferret;
7. All Ursids (Bears);
8. All Artiodactylus Ungulates, except domestic goats, sheep, pigs and cattle;
9. All Procyonids (such as, Raccoons. Coatis and Cacomistles);
10. All Hyaenas;
11. All Perissodactylus Ungulates, except the domestic horse and ass;
12. All Elephants;
13. All Pinnipeds (such as, Seals, Fur Seals and Walruses);
14. All snakes which reach an adult size of more than 3 meters in length;
15. All Families of Venomous Snakes;
16. All Ratite Birds (such as, Ostriches, Rheas, Cassowaries);
17. All diurnal and nocturnal Raptors (such as Eagles, Hawks and Owls);
18. All Edentates (such as, Anteaters, Sloths and Armadillos);
19. All Bats;
20. All Crocodilians (such as, Alligators and Crocodiles);
21. All venomous arachnids except all species of Tarantulas;
22. All lizards which reach an adult size of more than 2 meters in length.
EXAMPLES OF ANIMALS OF A PARTICULAR
PROHIBITED GROUP ARE GIVEN IN PARENTHESES.
THEY ARE EXAMPLES ONLY AND SHALL NOT BE
CONSTRUED AS LIMITING THE GENERALITY OF THE
GROUP.
THE CORPORATION OF THE CITY OF WELLAND
SCHEDULE "B"
PART I PROVINCIAL OFFENCES ACT
CITY OF WELLAND BY-LAW 7540, AS AMENDED, ERGARDING THE KEEPING OF
ANY KIND OF EXOTIC OR NON-DOMESTIC ANIMAL IN THE CITY OF WELLAND
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining
Offence
COLUMN 3
Set Fine
1
Keeping of prohibited animal on premises (per
animal)
Section 3(1)
$200.00
2
Sell, offer for sale or display for sale any
prohibited animal (per animal)
Section 3(1)
$200.00
3
Failing to comply with Notice to remove (per
animal)
Section 5
$300.00
NOTE:
The penalty provision for the offences listed above is Section 5 of By-law
Number 1982-7540, as amended.