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1
THE CORPORATION OF THE TOWNSHIP OF WILMOT
BY-LAW NO. 2023-19
BEING A BY-LAW OF
THE CORPORATION OF THE TOWNSHIP OF WILMOT
TO REGULATE THE PROHIBITION OR RESTRICTION OF
EXOTIC ANIMALS
WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides for the authority for lower tier municipalities to pass by-laws
respecting animals;
WHEREAS Council finds it appropriate to repeal and replace By-Law 2011-50, as
amended;
AND WHEREAS Section 8(3) of the Municipal Act, 2001, S.O. 2001, Chapter 25,
as amended, provides that a by-law under Section 11 respecting a matter may:
(a) regulate or prohibit respecting the matter; and,
(b) require persons to do things respecting the matter;
(c) provide for a system of licenses respecting that matter
AND WHEREAS the Corporation of the Township of Wilmot is desirous of enacting
a by-law for the prohibition or restriction of animals;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF
THE TOWNSHIP OF WILMOT ENACTS AS FOLLOWS:
1.
DEFINITIONS
In this by-law, the term,
1.1 "At Large" - an animal is deemed at large when found in any place other
than the premises at which they are habitually kept, if Not Under the
Control of Any Person, and an animal shall not be deemed to be under the
control of any person unless accompanied by an attendant who is
exercising control over the animal at all times;
1.2 "Council" - shall mean the Council of the Corporation of the Township of
Wilmot.
1.3 "Fees and Charges By-Law" - refers to the current by-law of the
Township to establish fees and charges pursuant to the Municipal Act,
2001, S. O. 2001, Chapter 25, as amended.
1.4
"Harbour" - means to give shelter to an animal.
1.5
"Household Pet" - means any form of livestock which could normally be
purchased in a pet store, which would normally spend all or part of its life
within a dwelling unit, which is owned by a resident of the dwelling unit and
which is not kept for profit or gain.
1.6
"Keep" - means to have continuous charge of an animal.
1.7
"Livestock" - means turkeys, chicken, cattle, swine, horses, mink, rabbits,
sheep, donkeys, llamas, goats or any other domestic animal used for
consumption, excluding laying hens.
1.8
"Municipal Law Enforcement Officer" - means a person appointed by
the Township to enforce the by-laws of the Township under s. 15 of the
Police Services Act, R.S.O. 1990, c. P.15, as amended;
1.9
"Own" - means to have an animal belonging to oneself.
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1.10
"Possess" - means to hold an animal as property.
1.11
"Pound" - means such premises and facilities designated by the Township
for the purposes of impounding and caring for animals taken up by the
Township of Wilmot in violation of this by-law.
1.12
"Township" - shall mean the Corporation of the Township of Wilmot.
2.
PROHIBITED ANIMALS
2.1 No person shall own, harbour, possess, keep, sell or offer for sale any
animal listed below as a pet or for any other purpose or for any period of
time within the Township of Wilmot.
Note: Common names of animals of a particular prohibited order are given as
examples only and shall not be construed as limiting the generality of the group
and excludes all household pets and livestock.
Class
Order
Common Names
Mammals
Carnivora
Pandas, wolves, bears, seals, walruses,
coyotes, fox hybrids, wolf dogs, mongoose
Tigers, leopards, cougars, lions, lynx, hyenas
Skunks, weasels, otters, badgers
Coatimundi, cacomistels, raccoons
Cingulata
Armadillos
Chiroptera
Bats, myotis, flying foxes
Lagomorpha
Pikas
Marsupialia
Koala, kangaroo, possum, wallabies
Pilosa
Anteater, sloth
Primates
(non-
human)
Chimpanzees, gorillas, monkeys, lemurs
(except
monkeys
kept
by
physically
handicapped persons to assist in their day to
day living)
Proboscidea
Elephants, rhinoceros, hippopotamus
Rodentia
Porcupines, prairie dogs, nutria, chinchillas
Cetaceans
Dolphins, whales
Reptiles
Crocodylia
Alligators, crocodiles, gavial, caymans
Squamata
Lizards that reach an adult length greater than
65 centimeters (25.6 inches) from snout to
vent
Snakes that are venomous
Snakes that reach an adult length greater than
2 meters (6.6 feet)
Testudine
Tortoises
Birds
Anseriformes
Swans, screamers
Galliformes
Pheasants, grouse
Struthioniformes
Ostriches, rheas, cassowaries, emus, kiwis
Raptors
Eagles, hawks, falcons (except those owned
by falconers licensed by the Ontario Ministry
of Natural Resources), owls
Other
Selachimorpha
Sharks
All
poisonous
insects,
reptiles
and
amphibians
3.
RESTRICTED ANIMALS
3.1 No person shall own, harbour, possess, keep sell or offer for sale any
livestock animal as a pet or for any other purpose or for any period of time
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within settlement areas of the Township of Wilmot.
4.
EXCEPTIONS
4.1 Notwithstanding Sections 2 and 3, the prohibition or restriction shall not
apply in the following places or circumstances:
i)
A public health laboratory
ii)
A pound facility
iii)
A veterinary hospital or clinic under the care of a licensed
veterinarian
iv)
On premises registered as a research facility under Section 5 of the
Animals for Research Act, R.S.O., 1990
v)
Those granted an exemption by the Council of the Township of
Wilmot
vi)
On premises of an elementary, middle, junior or secondary school
operated by the Waterloo Region Board of Education, the Waterloo
Region Roman Catholic Separate School Board or accredited private
school or academy where such animals are being kept or are made
available for research, study or teaching purposes. The animal(s)
shall be on the premises only by permission of the respective
school's administration and shall be attended to by qualified
personnel.
vii)
A person keeping up to four laying hens on a property in accordance
with the requirements of the Township of Wilmot Zoning Bylaw 83-
38, as amended, Section 6.32.
5.
BACKYARD HENS
5.1
Permitted lands: no person shall keep poultry except on lands that meet the
requirements of the Township of Wilmot's Zoning Bylaw 83-38, as amended.
5.2
Location of Coops, Pens, Lofts or Runs: No person shall have a pen, cage,
loft, coop or run unless it is:
i)
Located in the rear yard of the property
ii)
Situated at least 3 meters from any property line
iii)
Situated at least 15 meters from any school, church, dwelling or other
premises used for human habitation, other than the dwelling located
on the same property as the coop, pen, loft or run.
5.3
Conditions of the Coops, Pens, Lofts or Runs: All pens, cages, lofts, coops
and runs shall:
i)
be kept in a clean and sanitary condition, provide protection from the
weather and be adequately ventilated;
ii)
All hens must be kept in a fully enclosed coop or run, to prevent their
escape from said enclosure, and exclude rodents and predators from
entering;
iii)
Coop floors are to be lined with shavings, straw or other appropriate
materials to absorb manure and to facilitate cleaning;
iv)
All waste and garbage shall be disposed of in a manner that will not
create a public nuisance or health hazard, no less than (3) times a
week and in accordance with the provisions of the Health Protection
and Promotion Act, R.S.O., 1990 C.H.7, as amended, or any
successor legislation, and regulations pursuant thereto;
v)
No material removed may be burned or stored within the lands or
premises from which it was removed;
vi)
All feed must be stored in rodent proof containers;
vii)
Coops must be constructed with sufficient chicken box and perch
area to accommodate all hens
5.4
Other Requirements
No person shall:
i)
Keep any other chicken than a laying hen, that must be over the age
of 4 months' old
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ii)
Sell the eggs, manure or other products associated with the keeping
of hens
iii)
No slaughtering or butchering of the hens done on the property
iv)
Deceased hens must be disposed of at a livestock disposal facility
through the services of a veterinarian, chicken exchange program or
through a facility as approved by the Ministry of Agriculture, Food and
Rural Affairs and are disposed of in accordance with all laws;
v)
Hens are to be kept in accordance with all other lawns including the
Township's bylaws respecting noise, clean yards, Property
Standards, Animals and all provincial legislation respecting the
keeping of animals
vi)
House, care for, harbor or possess hens on their property without a
license from the Township of Wilmot
5.5
Licence Fee: An application for a Backyard Chicken licence shall be
submitted in the proper form, including a detailed site plan and the
appropriate fee to the Township in accordance with the Fees and Charges
By-law.
6.
OWNER REQUIREMENTS
6.1
No Running At Large: No person shall allow livestock to run At Large within
the Township.
7.
EXEMPTIONS
7.1
Property owners may apply for an exemption to Section 2 or 3 on a site-
specific basis. Application may be made by filing the prescribed form and
submitting the filing fee as established under the Township's Fees and
Charges By-law.
7.2
Notice of the application and the date the one year trial exemption is to be
considered by Council is to be given by personal service or prepaid first
class mail to every owner of land within 120 meters of the subject property
and a notice or sign of the application is to be posted by the applicant on
the subject property, clearly visible and legible to the public.
7.3
Trial exemptions shall be monitored and subject to at least four random
inspections by a Municipal Law Enforcement Officer.
7.4
A review of the trial exemption is to be conducted by the Director of Clerk's
Services prior to the end of the one year trial period and presented to
Council. Council may grant a permanent, site specific exemption and
amend this by-law accordingly.
7.5
Once a permanent exemption is granted there is no appeal to the
exemption.
7.6
Additional terms and conditions deemed appropriate by Council may be
included to any exemption.
7.7
The exempted property shall have a minimum of one inspection per
calendar year to ensure all site specific requirements continue to be met.
The inspection will be carried out by a Township Municipal Law
Enforcement Officer with no notice requirement.
8.
PENALTY PROVISIONS
8.1
Every person who contravenes any of the provisions of this by-law:
a)
is guilty of an offence; and,
b)
upon conviction thereof is liable to a fine or penalty pursuant to t h e
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
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9.
SEVERABILITY
9.1
Each and every one of the foregoing provisions of the by-law is severable
and if any provisions of this by-law should, for any reason, be declared
invalid by any court, it is the intention and desire of this Council that each
and every one of the remaining provisions shall remain in full force and
effect.
10.
SHORT TITLE
10.1 This by-law may be cited as the Animal Control By-law, Excluding Dogs.
11. REPEAL SECTION
11.1 By-law #2011-50 as Amended by #2020-39 of the Township of Wilmot, and
all by-laws amending the same and any other by-law inconsistent with the
provisions of this by-law are hereby repealed on the date this by-law shall
come into force and effect.
READ a first and second time this 17th day of April, 2023.
READ a third time and finally passed in open Council this 17th day of April, 2023.
Mayor
Clerk