By-law 7392-18 - Prohibited and Regulated Animals By-law
Whitby, Ontario
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Town of Whitby
By-law # 7392-18
Prohibited and Regulated Animals By-law
Being a By-law to prohibit or regulate the keeping of animals within the Town of Whitby.
Whereas Section 10 and Section 11 of the Municipal Act, 2001 authorizes the Town to
pass by-laws respecting animals; and
Whereas Section 103 of the Municipal Act, 2001 authorizes the Town to pass by-laws to
provide for the seizure and impounding of animals being at large or trespassing, and
provide for the sale of impounded animals under certain conditions; and
Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as
follows:
1. Definitions
"accredited facility" means a facility or operation that is certified and approved
1.1.
to operate by the Canadian Association of Zoos and Aquariums;
"agricultural property" means a property identified as an agricultural zone in
1.2.
the Town's Zoning By-laws;
"animal" includes any member of the animal kingdom, other than a human;
1.3.
"animal services officer" means an employee of the Town whose duties
1.4.
include the enforcement of this by-law and related animal legislation and
includes the animal services supervisor;
"animal services supervisor" means the animal services supervisor for the
1.5.
Town or his or her designate;
"at large" shall mean when an animal is found in any place other than on
1.6.
lands owned or lawfully occupied by its owner and when not under restraint of
any person;
"domestic" describes an animal that has been tamed by humans and has,
1.7.
through selective breeding, become notably different from its wild ancestors,
and includes animals derived from self-sustaining captive populations;
"dwelling unit" means a room or suite of two or more rooms designed or
1.8.
intended for residential use by a person or persons in which culinary and
sanitary conveniences are provided for the exclusive use of such person or
persons and having a private entrance from outside or a common hallway or
stairway inside and which is located in a residentially zoned part of the Town;
"livestock" means any domestic fowl, including but not limited to chickens,
1.9.
ducks, geese, turkeys, guinea fowl, swans and ostrich, domestic rabbits
(when more than 3 rabbits are kept), horses, donkeys, mules, bulls, oxen,
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 2 of 10
cows or other cattle, sheep, lamb, goats, pigs, llamas, mink, emus, alpacas,
wild boar, bison, deer, elk, ponies, or rhea;
"owner'' means the owner of an animal and includes a person possessing or
1.10.
harbouring an animal and, where the owner is a minor, the person
responsible for the custody of the minor;
"person" shall include an individual, a sole proprietorship, a partnership, an
1.11.
unincorporated association, a trust, a corporate body and a natural person;
"pigeon" means a member of the widely distributed family of birds derived
1.12.
from self sustaining captive populations of Columbidae;
"prohibited animal" means any animal identified as prohibited in Schedule A,
1.13.
which is attached to and forms part of this by-law;
"rural area" means that portion of the Town identified as a rural area in
1.14.
Schedule B, which is attached to and forms part of this by-law;
"Town" means The Corporation of the Town of Whitby or the geographic
1.15.
boundaries of the Town of Whitby, as the context requires;
"urban area" means that portion of the Town identified as an urban area in
1.16.
Schedule B, which is attached to and forms part of this by-law;
"wildlife" means an animal indigenous to North America that is wild by nature
1.17.
as includes game wildlife and protected wildlife identified in the Schedules of
the Fish and Wildlife Conservation Act, 1997, as amended;
"wildlife rehabilitator" means a person who is authorized by the Ministry of
1.18.
Natural Resources to care for wildlife in distress until they can be released
back into the wild;
2. Interpretation
When reading and interpreting this by-law,
2.1.
2.1.1. unless otherwise specified, references in this by-law to parts,
sections, subsections, clauses and schedules are references to parts,
sections, subsections, clauses and schedules in this by-law;
2.1.2. references in this by-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to
time be amended, extended or re-enacted;
2.1.3. references in this by-law to items in the plural include the singular,
and references to the singular include the plural, as applicable;
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 3 of 10
2.1.4. the words "include", "includes" or "including" are not to be read or
interpreted as limiting the words, phrases or descriptions that precede
them; and
2.1.5. the words or references in this by-law that are not defined herein shall
be interpreted in accordance with their plain, ordinary, and common
dictionary meaning.
If a court of competent jurisdiction declares any section, or any part of any
2.2.
section of this by-law to be invalid, or to be of no force or effect, it is the
intention of the Town that every other provision of this by-law be applied and
enforced in accordance with its terms to the extent possible according to law.
3. Regulation
No person shall keep, own, harbour, or possess any prohibited animal.
3.1.
No person shall keep, own, harbour, or possess any wildlife.
3.2.
No person shall keep, own, harbour, or possess livestock other than on an
3.3.
agricultural property in the rural area which is at least five (5) acres in size.
No person shall keep, own, harbour, or possess honeybees unless the
3.4.
keeping of the bees complies with the Bees Act, R.S.O. 1990, c. B.6., as
amended.
No owner of an animal shall allow their animal to be at large.
3.5.
Exemptions
Section 3.1., 3.2., and 3.3. of this by-law shall not apply to:
3.6.
3.6.1. an animal services officer, while in the course of their duties;
3.6.2. an animal sheltering facility owned or operated by the Town, including
its employees and agents, while in the course of their duties;
3.6.3. an agent of the Ontario Society for the Prevention of Cruelty to
Animals or a police officer while in the course of their duties;
3.6.4. the premises of an accredited veterinary hospital, including its
employees and agents, under the care and supervision of a
veterinarian licensed to practice in the Province of Ontario;
3.6.5. a permanent accredited facility, including but not limited to a zoo or
aquarium, provided that the use and location of the facility complies
with the Town's Zoning By-laws and all other applicable legislation;
3.6.6. with the exception of venomous animals, a temporary or mobile
accredited facility, provided that the temporary or mobile accredited
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 4 of 10
facility is limited to no more than five (5) days in any one location and
animals are safely contained when not on exhibit, provided that the
temporary or mobile facility complies with all other applicable
legislation;
3.6.7. a medical or educational institution where animals are being kept for
research, study, or teaching purposes, provided such institution is
registered as a research facility in accordance with the Animals for
Research Act, R.S.O. 1990, c. A. 22, as amended;
3.6.8. a person holding a licence issued by the Federal or Provincial
government permitting the keeping of animals, subject to the terms
and conditions of the licence;
3.6.9. a person conducting an animal exhibition on premises approved by
the Town, including but not limited to a circus or petting zoo; or
3.6.10. a person transporting an animal for immediate surrender to an animal
services officer, agent of the Ontario Society for the Prevention of
Cruelty to Animals, a police officer, veterinarian, or accredited facility.
Section 3.2. of this by-law shall not apply to a wildlife rehabilitator or the
3.7.
premises of a wildlife rehabilitator provided the premises is an agricultural
property in the rural area which is at least five (5) acres in size.
Keeping of Pigeons
Every owner of domestic pigeons shall,
3.8.
3.8.1. keep a maximum of eighty (80) pigeons at any time;
3.8.2. be a member of a recognized pigeon club which is affiliated with a
national organization;
3.8.3. ensure each pigeon in their possession wears a metal or plastic leg
band that identifies the owner of the bird, and shall register leg bands
with a recognized pigeon club which is affiliated with a national
organization;
3.8.4. ensure that pigeons are not kept in, upon or under any building used
for human habitation;
3.8.5. keep all pigeons in suitable bird enclosures of a size to house the
birds, which shall provide a minimum size of 0.25 cubic meters (9
cubic feet) of air space per pigeon;
3.8.6. ensure that all bird enclosures are constructed in a manner to prevent
the accidental escape of pigeons;
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 5 of 10
3.8.7. ensure that all bird enclosures are located a minimum distance of one
(1) metre from any dwelling, shop or apartment building, and from any
adjoining property line;
3.8.8. ensure that pigeons do not stray, perch, roost, nest or rest upon any
premise other than the premise of the owner of the pigeons;
3.8.9. maintain all bird enclosures through regular painting or the installation
of permanent siding which shall be maintained in good condition;
3.8.10. lime wash, paint or disinfect the inside walls and ceilings of all bird
enclosures, a minimum of two times per calendar year, save and
except those outdoor runs which are enclosed solely with wire;
3.8.11. remove and dispose of, in a sanitary manner, a minimum of two times
per week, all pigeon droppings and refuse within or adjacent to all bird
enclosures;
3.8.12. store all pigeon feed in rodent-proof containers;
3.8.13. keep all equipment associated with the keeping of pigeons under
suitable cover, which does not create an unsightly condition;
3.8.14. keep all pigeons enclosed within bird enclosures at all times, except to
allow a maximum of two daily, two hour flight periods during which
time no more than fifty (50) percent plus one bird, of the total number
of pigeons being kept shall be permitted to be at large, it being
understood that this provision shall not apply to members of a racing
pigeon club when the members are participating in a bona fide flight
conducted by the club; and
3.8.15. feed pigeons only while they are inside of a bird enclosure.
Keeping of Ferrets, Chinchillas, and Domestic Rabbits
No person shall, keep, own, harbour, or possess more than two (2) domestic
3.9.
ferrets or chinchillas in or about a dwelling unit.
No person shall, keep, own, harbour, possess more than three (3) domestic
3.10.
rabbits in or about a dwelling unit.
Feeding of Waterfowl
No person shall feed waterfowl on Town property unless he or she has been
3.11.
authorized in writing to do so by the Town.
Control of Animals at Large
Any person shall be permitted to take charge of any animal found at large and
3.12.
shall forthwith deliver the animal to an animal services officer.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 6 of 10
Nothing in Section 3.12. of this by-law confers upon any person the right to
3.13.
enter any dwelling unit or premises;
An animal services officer may seize and impound any animal delivered to
3.14.
him or her pursuant to Section 3.12. of this by-law or found at large in the
Town, or at the request of Whitby Fire and Emergency Services or the
Durham Regional Police Service.
An animal services officer shall restore possession of an animal to the owner
3.15.
where,
3.15.1. the owner claims possession of the animal;
3.15.2. the owner pays the Town the impoundment fee in accordance with the
Town's Fees and Charges By-law, as may be amended from time to
time;
3.15.3. the owner pays the Town the daily care fee in accordance with the
Town's Fees and Charges By-law, as may be amended from time to
time;
3.15.4. the owner pays the full cost of any veterinary care received by the
animal while impounded; and
3.15.5. the owner demonstrates that the place at which they intend to keep
the animal is not within an area of the Town where the keeping of
such an animal is prohibited by this by-law.
Where on the sixth day after the date of seizure and impounding, exclusive of
3.16.
Sundays and Statutory Holidays, possession of the animal has not been
restored to the owner in accordance with Section 3.15. of this by-law, the
animal services supervisor may, at his or her discretion,
3.16.1. sell or make a gift of the animal;
3.16.2. otherwise dispose of the animal;
3.16.3. transfer the animal to another animal welfare or animal rescue
agency; or
3.16.4. humanely euthanize the animal, with no damage or compensation
recoverable by any person.
Where an animal seized or impounded should be euthanized without delay for
3.17.
humane reasons, or for reasons of safety to persons or animals, the animal
services supervisor may euthanize the animal in a humane manner as soon
after seizure he or she sees fit without permitting any person to claim
possession of the animal with no damage or compensation recoverable by
any person.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 7 of 10
Where the animal services supervisor deems it necessary to euthanize an
3.18.
animal in accordance with Section 3.17. of this by-law, he or she shall first
make every reasonable effort practical in the circumstances to contact the
owner of the animal.
The animal services supervisor shall keep a record of all animals seized and
3.19.
impounded in accordance with this by-law.
4. Schedule(s)
Schedule A - Prohibited Animals.
4.1.
Schedule B - Maps of Urban and Rural Areas.
4.2.
5. Enforcement and Penalties
An animal services officer may, at any reasonable time, enter upon any
5.1.
property for the purpose of carrying out an inspection to determine whether or
not the provisions of this by-law have been complied with.
No person shall prevent, hinder, or interfere, or attempt to prevent, hinder, or
5.2.
interfere with an inspection by an animal services officer.
Every person who contravenes any provision of this by-law is guilty of an
5.3.
offence and upon conviction is liable to a maximum fine of $100,000.00, and
in the case of a continuing offence, for each day or part of a day that the
offence continues, an additional maximum fine of $10,000.00 pursuant to the
Municipal Act, 2001, S.O. 2001, c. 25, as amended.
6. Short Title
This by-law may be referred to as the Prohibited and Regulated Animals By-
6.1.
law.
7. Repeal of Existing By-law
By-law # 3436-94, By-law # 3669-95, By-law # 4816-01, and By-law # 6888-
7.1.
14 are repealed.
8. Effective Date
This by-law shall come into force and effect on the day it is passed.
8.1.
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 8 of 10
By-law read and passed this 16th day of April, 2018.
Original Approved and Signed.
Don Mitchell, Mayor
Original Approved and Signed.
Christopher Harris, Town Clerk
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 9 of 10
Schedule A - Prohibited Animals
In the following tables are the prohibited classes or categories of animals with specific
exemptions provided for each class or category. A class represents the ordering of
organisms into groups, based on their relationships.
Class
Prohibited
Exceptions
Mammalia
(Mammals)
All
Domestic dogs, cats,
chinchillas, degus, ferrets,
hamsters, mice, rabbits,
rats, and sugar gliders in
accordance with the
provisions of this by-law
and the Town's
Responsible Pet Ownership
By-law.
Livestock kept on an
agricultural property in the
rural area which is at least
five (5) acres in size.
Class
Prohibited
Exceptions
Reptilia
(Reptiles)
All
Constricting and non-
venomous serpents
(snakes) that are less than
two (2) metres in length.
Non-venomous lizards that
are less than two (2) metres
in length.
Testudines (tortoises and
turtles) that are not of the
snapping variety.
Class
Prohibited
Exceptions
Amphibia
(Amphibians)
All
Non-venomous Anura
(frogs and toads) and
Caudate (salamanders and
newts)
By-law Name: Prohibited and Regulated Animals By-law
By-law # 7392-18
Page 10 of 10
Schedule A - Prohibited Animals (continued)
In the following tables are the prohibited classes or categories of animals with specific
exemptions provided for each class or category. A class represents the ordering of
organisms into groups, based on their relationships.
Class
Prohibited
Exceptions
Aves
(Birds)
All
Orders of birds kept as
livestock on an agricultural
property in the rural area
which is at least five (5)
acres in size.
Orders of birds kept as
household pets including
Columbidae (pigeons and
doves), Passerifromes
(perching birds and song
birds), and Psittaciformes
(parrots).
Class
Prohibited
Exceptions
Insecta
(Insects)
All
All non-venomous insect
include non-venomous
Arachnida (spiders) and
Chilopoda (centipedes).
Apoidea of the honeybee
variety provided the
keeping of the bees
complies with the Bees Act,
R.S.O. 1990, c. B.6., as
amended
Class
Prohibited
Exceptions
Salt and fresh water
organisms
All venomous vertebrates
and invertebrates
None
Thickson Rd N
Brock St N
Hopkins St
Lyndebrook Rd
Highway 412
Victoria St E
Victoria St W
Thickson Rd S
Taunton Rd W
Highway 401
Baldwin St S
Consumers Dr
Schedule B - Urban and Rural Area
To By-law # 7392-18
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N
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Cochrane St
land Rd W
Anderson St
Taunton Rd E
Ross
Dundas St W
Rossland Rd E
Dundas St E
t
Henry S
Brock St S
Champlain Ave
Wentworth St
Legend
Rural Area
Urban Area
Thickson Rd N
Ashburn Rd
Lake Ridge Rd N
Thickson Rd N
Lyndebrook Rd
Baldwin St S
Baldwin St N
Myrtle Rd W
Highway 407
Brawley Rd W
Winchester Rd E
Columbus Rd E
Baldwin St
Townline Rd E
Schedule B - Urban and Rural Area
To By-law # 7392-18
Townline Rd W
Myrtle Rd E
Brawley Rd E
Columbus Rd W
Winchester Rd W
Legend
Rural Area
Urban Area
Highway 412
Anderson St