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HomeMy WebLinkAboutBy-law 7110/11 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 7110/11 A by-law to prohibit or regulate livestock/exotic animals. WHEREAS Section 11(3) of the Municipal Act, 2001 authorizes the City to pass by-laws respecting animals; and WHEREAS Section 151 of the Municipal Act, 2001 authorizes the City to provide fora system of licences with respect to any business wholly or partly carried on within the City; and WHEREAS. Section 103 of the Municipal Act, 2001 authorizes the City to pass a by-law to provide for the seizure and impounding of animals and the sale of impounded animals under certain conditions. I NOW THEREFORE'THE COUNC)L OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: PART I - INTERPRETATION Definitions 1. In this by-law,. "agricultural zone" means a property defined as agricultural under the City's Zoning By-laws and of a minimum size of five (5) acres; "animal" means any member of the animal kingdom, other than a human, dog or cat; "Animal Services Officer" means a municipal law enforcement officer employed by the City to enforce municipal by-laws; "at large" means when an animal is found.in anyplace other than the premises of the owner, and not `under the physical control of any person, unless prior consent is given by the person owning the premises on which the animal is found; "City" means The Corporation of the City of Pickering or the geographic area of the Cityof;Pickering, as the context requires; "domestic" describes an animal that has been tamed by humans and has, through selective breeding, become notably different from its wild ancestors, and includes an animal derived from self-sustaining captive populations; I Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 2 "dwelling unit" means a room or suite of one or more rooms designed or intended for use by an. individual or family in which culinary and sanitary conveniences are provided for the exclusive use of such individual or family and with a private entrance from outside the building or from a common hallway or stairway inside; "licensee" means a person, partnership or corporation to whom a temporary licence has been issued to under the provisions of this by-law; "livestock" means any domestic fowl (including but not limited to chickens, ducks, geese, turkeys, guinea fowl, swans and ostrich), domestic rabbits (when more than 3 rabbits are kept), horses, donkeys, mules, bulls, oxen, cows or other cattle, sheep, lamb, goats, pigs, llamas, mink, emus, alpacas, wild boar, bison, deer, elk, ponies, or rhea; used or kept for agricultural purposes; "owner" means the owner of an animal and includes a person possessing or harbouring an animal within the City, and, where the owner is a person under the age of 18 years, the person responsible for the custody of the person under the age of 18 years; "pigeon" means a member of the widely distributed family of birds derived from self sustaining captive populations of Columbidae; "prohibited animal" means any animal set out in Schedule 3 of this By-law; "urban area" means the area within the urban boundary as delineated in Schedule 4 of this by-law; and "wildlife" means an animal indigenous to North America and/or wild by nature or disposition (feral or ferae) as outlined in Schedules 1 through 11 of the Fish and Wildlife Conservation Act, 1997. References to Legislation 2. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 3. This by-law shall be read with all changes in gender or number as the context may require. 4. A grammatical variation of a word or expression defined has a corresponding meaning. i Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 3 Schedules 5.. Schedule 1 (IMPOUND FEE SCHEDULEand Schedule 2 (TEMPORARY LICENCE FEE SCHEDULE); and Schedule 3 (PROHIBITED ANIMALS); and Schedule 4'(MAP OF'URBAN/RURAL DELINIATION) are attached to and form part of this by-law. 6. Unless otherwise specified, references in this by-law to Parts, sections and Schedules are references to Parts, sections and Schedules in this by-law. Conflicts 7. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher.or more restrictive standard to protect the health, safety and welfare of the general public shall. prevail. Severability 8. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. PART II - REGULATIONS General 9. No person shall keep, own or harbour, or permit to be kept, owned or harboured on a temporary or permanent basis any prohibited animal in the City. 10. No person shall keep, own or harbour, or permit to be kept, owned, or harboured, on a temporary or permanent basis wildlife within the City. 11 For the purposes of Section 9. and 10, prohibited animals are those class of animals listed in Schedule 3. Exceptions 12. Notwithstanding the provisions of Section 10, a person may keep, own or harbour indigenous wildlife if the person keeping such animal is permitted to do so under the-authority of the Fish and Wildlife Conservation Act, S.O. 1997,c.41, and the Canadian Wildlife Service. Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 4 Pigeons 13. Every owner of domestic pigeons shall, (a) keep no more than seventy (70) pigeons at any time; I (b) be a member of a recognized pigeon club which is affiliated with a national organization; (c) ensure all pigeons are not kept in, upon, or under any dwelling unit, apartment building or other building used for human habitation; (d) keep all pigeons in a bird enclosure of sufficient size to house all birds; which shall be of a minimum height of 1.8 metres, with a minimum floor area measuring 1.5 metres in length and 1.5 metres in width for every 10 birds, and shall be constructed as to prevent escape of pigeons; (e) ensure the bird enclosure is located no less than seven (7) metres from any dwelling unit, apartment building, commercial establishment, industrial establishment, recreational establishment or other building used for human habitation and no less than three (3) metres from any property line; (f) ensure each pigeon wear a metal or plastic leg band that shall identify the owner of the bird, (g) ensure the pigeons do not stray, perch, roost, nest or rest upon any premises other than on premises of the owner; (h) keep the pigeons in a building, structure, loft, pen, coop or run which is maintained in a state of good repair; (i) lime wash, paint and disinfect the inside walls and ceilings of all buildings, structures, lofts, pens, coops and runs used for the keeping of pigeons other than outside runs enclosed solely with wire, as necessary; (j) remove and dispose of in a sanitary manner, on a regular basis, all pigeon droppings and refuse; (k) store all pigeon feed in animal-.proof containers; (1) keep the pigeons enclosed at all times, except to allow one daily flight; and (m) ensure that no pigeon is fed when outside of its enclosure. Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 5 14. No person shall keep or permitto be kept pigeons in an enclosure that does not provide adequate space or lighting or ventilation for the number of pigeons kept within. Animals running at large 15. No owner of an animal shall allow the animal to run at large within the limits of the City: 16. Any person may take possession of any. animal found running at large and shall forthwith deliver the animal to an Animal, Services Officer. Control of animals 17. An Animal Services Officer may seize and impound any animal: (a) found running at large, or (b) ` delivered to the City by a person finding the animal running at large. 18. An Animal Services Officer shall restore possession of the animal to a person claiming it only where: (a) the Owner claims possession of the animal; and (b) the Owner pays to the City an impound fee as identified in Schedule 1 of this by-law; and (c) the person demonstrates that the place at which they intend to keep the animal is not within an area of the City where the keeping of such an animal is prohibited by this By-law; and (d) the owner pays to the City any cost of veterinary care received by the,animal after being taken into possession that the Animal Services Officer deemed necessary for the well being of the animal; and (e) the owner pays to the City any cost(s) incurred by the City for the housing, care and well being of the animal. 19. Where on the sixth day, exclusive of Sundays and statutory holidays, after the date of impoundment, possession of the animal has not been restored to the Owner, the City may: (a) Sell or make gift of the animal; or (b) Otherwise dispose of the animal, or Prohibitor regulate livestock/exotic animal By-law No, 7110/11 Page 6 (c) If necessary, euthanize the animal. 20. Where an impounded animal is injured and should be euthanized without delay for humane reasons, or for reasons of safety to person or animals, the Animal Services Supervisor or his or her designate may euthanize the animal as soon after as he or she sees fit without permitting any person to claim possession of the animal and with out.offering it for sale and no damages or compensation shall be recovered or recoverable on account of the destruction of the animal. 21. Where the Animal Services Supervisor deems it necessary to euthanize an animal pursuant to section 20 of this By-law, he or she shall first make every reasonable attempt in the circumstances to contact the owner. Minimum Animal Care Requirements 22. Every owner shall provide or cause an animal to be provided with adequate food, water, shelter and veterinary care as required to maintain the health and well- being of the animal. PART III- GENERAL PROHIBITIONS 23. No person shall, keep, own, harbour, or permit to be kept, owned, or harboured, in the urban area more than two (2) domestic ferrets or chinchillas in or about a dwelling unit. 24. No person shall, keep, own, harbour, or permit to be kept, owned; or harboured, in the urban area more than three (3) domestic rabbits in or abouta dwelling unit. 25. No person shall, keep, own, harbour, or permit to be kept, owned, or harbou"ed, in the urban area more than one (1) pot bellied pig in or about a dwelling unit. Feeding of Wildlife 26. No person shall feed wildlife within the City. ..Exceptions 27. Section 26 shall not apply when, (a) the person is feeding indigenous wild birds on their own property; and (b) the person is feeding food appropriate to the birds normal diet; and i Prohibit or regulate livestock/exotic animal By-law No. 7110/11 ` - Page 7 (c) the person ensures that all food and debris is contained within a bird feeder` on their own property; and (d) the person ensures that any debris or bird waste is cleaned and disposed of in a sanitary manner. PART IV LICENSING General 28. Every person who operates or carries on any exhibit, public show, zoo, circus, carnival or other display or act of entertainment in the City using any prohibited animals, or use such animal in any film or television production must obtain a temporary licence issued by the City and pay the amount prescribed in Schedule Submission of Applications for Temporary Licence 29. All temporary licence applications shall be completed and submitted on forms provided by the City. 30. The receipt of applications shall in no way obligate the City to issue a licence to any person, partnership or corporation. 31. Every applicant shall submit to the City Clerk, (a) a copy of the current deed to the property or other written proof, satisfactory to the CityClerk9 'that they are the owner of the property. Or, where applicable, written permission from the owner or property manager of the property where the exhibit, public show, zoo, circus, carnival or other display or act of entertainment is to be located and operated; and (b) proof of membership in an accredited zoo association or other membership satisfactory to the City Clerk; and (c) proof of general insurance liability in the amount of not less than five million dollars ($5,000,000.00) that provides that the City shall be given at least 10 days notice in writing prior to any cancellation, expiration or variation in the amount of the policy; and (d) a written statement containing, i) afull description outlining the nature and function of the exhibit, public show, zoo, circus, carnival or other display or act of entertainment; and Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 8 I ii) a full description of the number and species of animals to be kept on site; and iii) a full description outlining the steps taken to ensure the safety of the public; and iv) a full description outlining how animal waste will be disposed of. 32. Temporary licences shall not be issued for a particular location unless, (a) the applicant has complied in all respects with any standards or regulations under the jurisdiction of the City, Pickering Fire Department, Region of Durham, the Durham Regional Police Service and any other applicable authorities, laws or regulations; (b) the animals are provided with a species-appropriate living environment; (c) the animals are used or kept in a place that has protective devices which are adequate to prevent the animals from escaping or injuring the public; (d) a.site inspection has been completed by the City and the site has been determined to be suitable. 33. The City may rescind any licence issued under this by-law at any time for non- compliance with any provision of this by-law or any other applicable laws or regulations. Exceptions 34. Section 31(b) shall not apply to when the exhibitor or owner is displaying livestock. Transfer 35. A temporary licence shall not be transferable. Restrictions 36. No person shall operate or carry on any exhibit, public show, zoo, circus, carnival or other display or act of entertainment in the City using any prohibited animals, or use such animal in any film or television productions without a licence. Inspections 37. An officer may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. Prohibit or regulate livestock/exotic animal By-law No. 7110/11. Page 9 38: For the purposes of an inspection, an officer may, - (a) require the production for inspection. of any document or things relevant to the inspection; (b) upon providing a receipt, inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge; make' examinations or take tests, samples or photographs necessary for the purposes of the inspection. 39 All licensees shall display at all times, in a prominent location, a.copy of their temporary licence. Restrictions 40. No licensee shall fail to-display a temporary licence. 41. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Exceptions 42. The provisions contained in Section 9 and 10 of this by-law shall not apply to animals kept: (a) at an animal shelter operated by or on behalf of the City, the Ontario Society for the Protection of Animals, or the Humane Society. (b) at a permanent,` accredited zoo; (c) by a medical or educational institution, or other accredited school where animals are being kept for research, study or teaching purposes, on premises registered as a research facility under the Animals for Research Act R.S.O. 1990 c.A.22; (d)' at a facility in which animals are placed for care pursuant to the Pounds Act; (e) by a person holding a licence issued by the Government of Canada or the Province of Ontario permitting the keeping of animals, subject to the terms and conditions of the licence; or I Prohibit or,regulate livestock/exotic animal By-law No. 7110/11 Page 10 (f) by a person with the necessary approvals under the Accessibility for Ontarians with. Disabilities Act, 2005, S.O. 2005, c. 11, as amended; at a licensed veterinary hospital. or clinic;.or. (9) (h) for the immediate emergency treatment to an injured, ill or abandoned animal. Offences and Penalties 43: Every person who contravenes any provisions of this By-law is guilty of an offence for each offence exclusive of and,upon conviction is liable to a fine or penalty costs, as prescribed by the Provincial Offences Act,;R.S.O. 1990, c. P.33, as amended.' PART V - GENERAL Short Title: 1. `This by-law may be referred to as the "Prohibited/Exotic Animal By-law". Repeal 2. By-law No. 1769/83 is repealed. Effective Date 3. This-by-law shall come into force on the day of its passing. - By-law read a first, second and third time and finally passed this-22nd day of*February, 2011. David Rya ayoi Debbie Shields, City Clerk , Prohibit or regulate livestock/exotic animal By-law No. 7110111, Page-11 SCHEDULE' 1 IMPOUNDMENT FEES: Impoundment'of animal $40.00 Impoundment of animal after regular' working hours $120.00 Daily Care Fee: Every animal that is impounded is $20/day subject to an additional charge for every day or part of 'a day after the day the animal is brought into impoundment. This fee is. in addition to any costs charged `due to the feeding, sheltering, veterinary care,,etc. while the animal is in the possession of the Cif Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 12 SCHEDULE2 TEMPORARY LICENCE FEE Temporary Licence Fee $200 per location er da i. Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 13 SCHEDULE 3- PROHIBITED ANIMALS A by-.Law to prohibit or regulate livestock/exotic animals. Set out in the'following tables are animals organized by Class, Order and Description. Descriptions are provided for illustration purposes only and are not intended to limit the extent of classes of animals referred to. CLASS ORDER DESCRIPTION MAMMALIA All All Families of Mammals are prohibited with (MAMMALS) the exception of domestic dogs, cats, chinchillas, degus, ferrets, gerbils, guinea pigs, hedgehogs, hamsters, mice, rabbits, rats, pot bellied pig, sugar gliders and livestock as defined and kept on property in an agricultural zone CLASS ORDER DESCRIPTION F REPTILIA Crocodilia All families including crocodiles, alligators, (REPTILES) caimans, harial, gavials Squamata All constricting snakes that reach an adult length of two (2) metres or more All venomous snakes All undomesticated snakes and/or lizards All venomous lizards All non-venomous lizards that reach an adult length of two 2 metres from snout to ti of tail Testudines All members of the Chelydridae family (snapping turtles) Prohibit or regulate livestock/exotic animal By-law No. 7110/11 Page 14 CLASS ORDER DESCRIPTION AYES (BIRDS) Anseriformes: All families including Ducks, geese, swans, screamers, magpie-goose, with the exception of livestock as defined and kept on property in an agricultural zone Charadriiformes All families including gulls, waders and auks. Galliformes All families including Pheasants, grouse, guinea fowls, turkeys, chickens, with the exception of livestock as defined and kept on property an agricultural zone Struthioniformes All families including Flightless ratites(ostriches, rheas, emus, kiwis), with the exception of livestock as defined and kept on property in an a ricultural zone Falconiformes All families including Hawks, eagles, falcons, osprey Stri iformes All families including owls CLASS ORDER DESCRIPTION CHILOPODA All All venomous centipedes CENTIPEDES CLASS Order DESCRIPTION INSECTA All all venomous insects which includes but is not (INSECTS) limited to; bees, wasps hornets,) ping ants, I bullet ants, and red harvester ants with the exception of livestock as defined and kept on property in an agricultural zone CLASS ORDER DESCRIPTION ARACHNIDA All all venomous spiders, and scorpions (SPIDERS) TOWNSHIP OF UXBRIDGE O Q z r 7 ~ w W _ N h 0 w D D R 10 O N W r ry O n D - z D z o < - - t 3 H A N O O z N ~ H W J K W A N O b KXP X/A r } m W Z Z 3 W w _ D O O 0 I 3 0 h t HW 7 ~ Y 6 Z Z O ? N 0 < I W z < a O p O P 1 THIRD N D a tt o Q Urban Area / z ® Rural Area z ~ a ` SCHEDULE 4 TO BY-LAW 7110/11 PASSED THIS 22nd Y DAY OF-February-2011 IT - 4 , Information Current as of Jan. 1, 2011.