Municipal Code Chapter 0232 - Livestock (Keeping of Livestock) — full text

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Page 1 of 9 Chapter 232 November 21, 2024 Animals Chapter 0232 Livestock Keeping of Livestock Chapter Index Article 1 - Short Title 232.1.1 Citation Article 2 - Interpretation 232.2.1 At Large - Defined 232.2.2 Avian Livestock - Defined 232.2.3 Enclosure - Defined 232.2.4 Farm Livestock - Defined 232.2.5 Livestock - Defined 232.2.6 Pound Keeper - Defined 232.2.7 Racing Pigeon Club - Defined 232.2.8 Sanitary Condition - Defined 232.2.9 Small Livestock - Defined Article 3 - General Provisions 232.3.1 Livestock Running at Large - Prohibition 232.3.2 Livestock Running at Large - Impoundment 232.3.3 Livestock Enclosure - Required Article 4 - Livestock Enclosure Regulations 232.4.1 Avian Livestock Enclosures 232.4.2 Small Livestock Enclosures 232.4.3 Farm Livestock Enclosures Page 2 of 9 Chapter 232 November 21, 2024 Article 5 - Exceptions 232.5.1 Assessed Farmland Exception 532.5.2 Pigeon Flights 232.5.3 Racing Pigeon Club Exception 232.5.4 Agricultural Organizations Exception Article 6 - Enforcement 232.6.1 Penalty Provision 232.6.2 Enforcement Responsibility 232.6.3 Hinderance or Obstruction 232.6.4 Seizure and Impoundment Article 7 - Severability 232.7.1 Severability Clause Article 8 - Repeal - Enactment 232.8.1 By-laws - previous 232.8.2 Effective date WHEREAS section 9 of the Municipal Act, S.O. 2001, c. 25 provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 11( 3) 9 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, provides that a lower -tier municipality may pass by- laws subject to the rules set out in Section 11( 4), respecting matters within the sphere of jurisdiction of "Animals"; AND WHEREAS Section 103 ( 1) of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, provides that a municipality may pass a by- law regulating or prohibiting the being at large or trespassing of animals, the seizure and impounding of animals being at large or trespassing contrary to the by-law, and the sale of impounded animals; Page 3 of 9 Chapter 232 November 21, 2024 AND WHEREAS section 426 of the Municipal Act, 2001, c. 25 provides that no person shall hinder, obstruct, or attempt to hinder or obstruct any person who is exercising a power or performing a duty under a by- law passed under the Municipal Act, 2001. NOW HERETO the Council of The Corporation of the City of Woodstock enacts as follows: Article 1 - Short Title 232.1.1 Citation This Chapter may be cited as the "Livestock By-law". Article 2 - Interpretation 232.2.1 At Large - Defined "At Large" shall mean Livestock, not under the physical control of the owner, which are off of the property of the owner and without limiting the generality of the foregoing shall include animals located on any highway, park, or any public or private property. 232.2.2 Avian Livestock - Defined "Avian Livestock" shall mean non-domestic birds and without limiting the generality of the foregoing, includes chickens, pigeons, ducks and turkeys but shall not include Farm Livestock, Small Livestock, any exotic animals as defined under Chapter 224 Municipal Code, animals governed by the Fish and Wildlife Conservation Act,1997,S.O.1997 or animals governed by the Migratory Birds Act, 1994. S.C. 1994, c. 22. 232.2.3 Enclosure Defined - Defined "Enclosure" shall mean a building, pen, cote, pen, building or other such structure designed or intended for the purposes of containing livestock on a specific property within the limits of the City of Woodstock. 232.2.4 Farm Livestock - Defined "Farm Livestock" shall mean any non-domestic animal that is over 129 lbs in weight and without limiting the generality of the foregoing includes cattle, sheep, elk, deer, moose, horses, goats, donkeys, swine and shall include the keeping honey bee's in apiary but shall not include Avian Livestock, Small Livestock, any exotic animals as defined under Chapter 224 Municipal Code, Page 4 of 9 Chapter 232 November 21, 2024 animals governed under Chapter 212 of the City of Woodstock Municipal Code or animals governed by the Fish and Wildlife Conservation Act,1997,S.O.1997. 232.2.5 Livestock - Defined "Livestock" " shall mean any non-domestic animal, and without limiting the generality of the foregoing includes Avian Livestock, Farm Livestock and Small Game Livestock but shall not include Exotic Animal as governed under Chapter 224 of the City of Woodstock Municipal Code, animals governed under Chapter 212 of the City of Woodstock Municipal Code, animals governed by the Fish and Wildlife Conservation Act,1997,S.O.1997, c.41 or animals Migratory Birds Act, 1994. S.C. 1994, c. 22. 232.2.6 Pound Keeper - Defined "Pound Keeper" shall mean a person or corporation and any agent thereof who have been contracted or engaged by the City of Woodstock for the purposes of impoundment of livestock. 232.2.7 Racing Pigeon Club - Defined "Racing Pigeon Club" shall mean an organization consisting of 5 or more persons, which has a formal charter and rules governing their operation, and exists for the purposes of the practice of sport of pigeon racing. 232.2.8 Sanitary Condition - Defined "Sanitary Condition" shall mean a condition that does not result in accumulation of fecal matter, odor, insect infestation or rodent attractants and can endanger the health, comfort or convenience or any person or animal. 232.2.9 Small Livestock - Defined "Small Livestock" shall mean any non-domestic animal under 130 lbs in weight, and without limiting the generality of the foregoing includes rabbits, Guinea pigs, hamsters, ferrets, , chinchilla, nutria, rats, or mice but shall not include Avian Livestock, Farm Livestock, any exotic animals as defined under Chapter 224 Municipal Code, animals governed under Chapter 212 of the City of Woodstock Municipal Code or animals governed by the Fish and Wildlife Conservation Act,1997,S.O.1997. Page 5 of 9 Chapter 232 November 21, 2024 Article 3 - General Provisions 232.3.1 Livestock Running at Large - Prohibition No person shall permit livestock to run at large, except in accordance with Section 232.5.2 of this Chapter. 232.3.2 Livestock Running at Large - Impoundment Any livestock found to be running at large within the limits of the City of Woodstock shall be liable to be impounded and dealt with and disposed of as provided by the Pounds Act, R.S.O. 1990, c. P.17, the provisions of which shall apply to all Livestock. 232.3.3 Livestock Enclosure - Required Except in accordance with section 232.5.2 of this Chapter, Every person who owns or harbors livestock in the City, shall ensure that such livestock is contained in an enclosure which is in compliance with the provisions of this by-law and which is equipped sides capable of containing the Livestock. Article 4 - Livestock Enclosure Regulations 232.4.1 Avian Livestock Enclosures Notwithstanding any other provision of this Chapter, every person who owns or harbors Avian Livestock shall comply with the following regulations for an Avian Livestock Enclosure: a) No person shall permit an Avian Livestock Enclosure to be located within the Front or Interior Side Yard as defined in the City of Woodstock Zoning By-law. b) No person shall permit an Avian Livestock Enclosure that exceeds 10 square meters (108 square feet) in surface area. c) No person shall permit an Avian Livestock Enclosure that exceeds 3 meters (9.84 feet) in height. d) No person shall permit an Avian Livestock Enclosure to be located within 3.048 meters (10 feet) from the property Line. e) No person shall permit an Avian Livestock Enclosure to be located within 22.86 meters (75 feet) from any residential building. Page 6 of 9 Chapter 232 November 21, 2024 f) No person shall permit an Avian Livestock Enclosure that is constructed of such material that contains openings no greater than 19 mm or ¾ inches. g) No person shall permit Roosters to be located in any Avian Livestock Enclosure. h) No person shall permit more than ten (10) Avian Livestock to be located in an Avian Livestock Enclosure. i) No person shall permit more than one (1) Avian Livestock Enclosure to be located on a single property. j) Every person shall ensure that any Avian Livestock Enclosure is equipped with a roof that is capable of preventing the Avian Livestock from escape by flight. k) Every person shall maintain an Avian Livestock Enclosure in a clean and sanitary condition. 232.4.2 Small Livestock Enclosures Notwithstanding any other provision of this Chapter, every person who owns or harbors Small Livestock shall comply with the following regulations for a Small Livestock Enclosure: a) No person shall permit a Small Livestock Enclosure to be located within the Front or Interior Side Yard as defined in the City of Woodstock Zoning By-law. b) No person shall permit a Small Livestock Enclosure that exceeds 10 square meters (108 square feet) in surface area. c) No person shall permit a Small Livestock Enclosure that exceeds 3 meters (9.84 feet) in height. d) No person shall permit a Small Livestock Enclosure to be located within 3.048 meters (10 Feet) from the property Line. e) No person shall permit a Small Livestock Enclosure to be located within 6.096 meters (20 feet) from any residential building. f) No person shall permit a Small Livestock Enclosure that is constructed of such material that contains openings no greater than 19 mm or ¾ inches. g) No person shall permit more than ten (10) Small Livestock to be located in a Small Livestock Enclosure. Page 7 of 9 Chapter 232 November 21, 2024 h) No person shall permit more than one (1) Small Livestock Enclosure to be located on a single property. i) Every person shall maintain a Small Livestock Enclosure in a clean and sanitary condition. 232.4.3 Farm Livestock Enclosures Notwithstanding any other provision of this Chapter, every person who owns or harbors Farm Livestock shall comply with the following regulations for a Farm Livestock Enclosure: a) No person shall permit a Farm Livestock Enclosure to be located within the Front or Interior Side Yard as defined in the City of Woodstock Zoning By-law. b) No person shall permit a Farm Livestock Enclosure to be located within 3.048 meters (10 feet) from the property Line. c) No person shall permit a Farm Livestock Enclosure to be located within 60.96 meters (200 feet) from any residential building. d) Every person shall maintain a Farm Livestock Enclosure in a clean and sanitary condition. Article 5 - Exceptions 232.5.1 Assessed Farmland Exception The provisions of this by-law shall not apply to lands premises assessed as farmlands within the City of Woodstock where the building or enclosure that contains the livestock is similarly assessed. 232.5.2 Pigeon Flights Any person who owns pigeons shall keep them enclosed except during a maximum of two flight periods daily, each flight consisting of not more than ten pigeons, and which flight periods shall take place only for the purpose of conditioning, and: a) between the hours of 7 a.m. and 11 a.m. b) between the hours of 4 p.m. and 8 p.m. and c) under the supervision of the owner of such pigeons, or some other competent person on his or her behalf. Page 8 of 9 Chapter 232 November 21, 2024 d) the provisions of Sections 232.5.2 (a) and (b) shall not apply to members of a racing pigeon club when the members are participating in a bona fide flight conducted by an organized racing pigeon club. By-law 7155-94, September 1, 1994; By-law 7068-93, October 21, 1993. 232.5.3 Racing Pigeon Club Exception Section 232.4.1 d), e) and h) as well as Section 232.5.2 shall not apply to current, valid members of a Racing Pigeon Club, the proof of which rests on the owner, subject to the following conditions: a) No more than 40 pigeons are kept in an enclosure. b) All pigeons kept are equipped with bands including identifying numbers associated with the racing pigeon union. c) The pigeon enclosure does not fall within 6.096 metres (20 Feet) of the dwelling where the owner resides, within 15.24 metres (50 Feet) from any other dwelling and the enclosure was in that location as of the date of the passing of this by-law, the proof of which is the responsibility of the owner. d) All pigeons in flight are supervised by the owner or other competent person over the age of eighteen years of age. 232.5.4 Agricultural Organizations Exception The provisions of this by-law shall not apply to lands premises owned or occupied by the Woodstock Agricultural Society, Outdoor Farm Show or parks operated by the City of Woodstock. Article 6 - Enforcement 232.6.1 Penalty Provision Every person who contravenes any provision of this Chapter is guilty of an offence and upon conviction is liable to a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 232.6.2 Enforcement Responsibility A Municipal Law Enforcement Officer, Police Officer or Police Cadet shall be responsible for enforcement of this By-law. 232.6.3 Hinderance or Obstruction Page 9 of 9 Chapter 232 November 21, 2024 No person shall hinder or obstruct or attempt to hinder or obstruct any Officer while exercising power or authority under this By- law. 232.6.4 Seizure and Impoundment Where livestock is found to be at large, an Officer may engage the services of a Pound Keeper for the purposes if impoundment, and a) Cause the livestock to be impounded at a suitable location in accordance with the Pounds Act, R. S. O. 1990, c. P. 17. b) Where livestock has been impounded, costs shall be recoverable in accordance with the Pounds Act, R. S. O. 1990, c. P. 17. c) All provisions of the Pounds Act, R.S. O. 1990, c. P. 17 shall apply within the City of Woodstock Article 7 - Severability 232.7.1 Severability Clause If a Court of Competent Jurisdiction declares any section of this By-law invalid, the remainder of this By-law shall continue to remain in force and effect unless the Court makes an order to the contrary. Article 8 - Repeal and Enactment 232.8.1 Repeal By-law 7155-94 of the Corporation of the City of Woodstock and all amendments thereto are hereby repealed. 232.8.2 Effective Date This Chapter shall come into force and take effect as of the third and final reading of the enabling By-law.