HomeMy WebLinkAbout By-law 1769/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1769 /83
Being a by-law to prohibit or regulate the
keeping and running at large of certain animals
WHEREAS, pursuant to the provisions of paragraphs 210.1, 210.4, 210.5 and 210.6 of
the Municipal Act, R.S.O. 1980, chapter 302, by-laws may be passed by the councils
of local municipalities, for, inter Mia,
(a) prohibiting the keeping of animals;
(b) restricting the number of animals kept in a dwelling unit;
(c) prohibiting ~he being at large or trespassing of animals other than dogs;
(d) appraising the damages to be paid by owners of impounded animals; and
(e) determining compensation for services rendered in respect to impounded
animals;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
DEFINITIONS
1, In this by-law, the term,
(a) "animal" includes a bird and a reptile; but for the purposes of sections 5,
6, 7 and 8, excludes a dog;
(b) "dwelling unit" means a room or suite of two or more rooms,
(i) designed or intended for residential use by a person or persons,
(ii)
in which culinary and sanitary conveniences are provided for the
exclusive use of such person or persons,
(iii)
having a private entrance from outside or from a common hallway
or stairway, and
(iv) located in a residentially zoned part of the Town;
(c)
"highway" means any common and public highway in the Town, and in-
cludes a street and bridge forming part of any highway or on, over or
across which a highway passes;
(d)
"keep" or "own" means own, harbour or have the temporary or permanent
control of an animal and "keeper" or "owner" has a corresponding mean-
ing;
(e)
"poundkeeper" means a person or persons employed by, under contract to,
or employed by a contractor under contract to, the Town, to operate an
animal pound for the Town;
(f) "Town" means The Corporation of the Town of Pickering.
PROHIBIT KEEPING OF CERTAIN ANIMALS
No person shall, knowingly or not knowingly, keep, in that area of the Town
defined in Schedule A-1 hereto, an animal of a class set out in Schedule A-2
hereto.
No person shall, knowingly or not knowingly, keep, in that area of the Town
defined in Schedule B-1 hereto, an animal of a class set out in Schedule B-2
hereto.
RESTRICT NUMBERS OF CERTAIN ANIMALS
No person, being an owner, tenant or occupant of a dwelling unit shall, know-
ingly or not knowingly, keep or permit to be kept in or about any dwelling
unit, a greater number of the animals of the class or classes set out in Column
2 of Schedule C, hereto, than the number set out in Column 3 thereof for each
class.
(1)
PROHIBIT ANIMALS RUNNING AT LARGE
For the purposes of this section, an animal shall be deemed to be running
at large or trespassing when found in any place in the Town, other than
the premises of the keeper of the animal, and not under the control of
any person.
(2) No keeper of an animal shall, knowingly or not knowingly, allow the
animal to run at large or trespass within the limits of the Town.
(3) (i) Any person may take charge of an animal found running at large
or trespassing but shall forthwith deliver the animal to a
poundkeeper.
(ii)
Nothing in this subsection confers on any person a right to enter
any premises.
(iii)
A person taking charge of an animal under this subsection shall
be deemed not to be a keeper of the animal unless the person
fails to forthwith deliver the animal to a poundkeeper.
(4) A poundkeeper may impound any animal,
(a)
delivered to him under the provisions of subsection (3), above;
or
(b) found running at large or trespassing by him.
(i)
A poundkeeper shall restore possession of the animal to a person claiming
it only where,
(a)
the person claims possession within five (5) days, exclusive of
Sundays and statutory holidays, after the day of impounding, and
(b)
the person was the most recent keeper of the animal prior to its
impounding, and
(c) the person pays to the poundkeeper, or provides to the
poundkeeper proof of payment of,
(i) any damages payable pursuant to an appraisal under
subsection (3), below,
(ii) any fine payable hereunder, and
(iii) any expenses incurred by the poundkeeper for,
- 2 -
Schedule A-1
(description of urban area of municipality)
All that portion of the Town of Pickering lying south of a line
described as follows:
Commencing at a point in the west boundary of the Town located
975 metres north of the northerly boundary of the road allowance
between Concession 1 and Broken Front Concession, Range 3;
Thence North 47° 06' 00" East to the centre line of the road
allowance between Lots 24 and 25, Concession 2;
Thence North 72° 55' 50" East to the centre line of the road
allowance between Lots 22 and 23, Concession 2;
Thence southerly along the centre line of the road allowance
between Lots 22 and 23, Concession 2, to a point opposite the
north-east corner of Lot l, Plan M-1215;
Thence North 81° 34' 00" East to the middle of the main channel
of West Duffin Creek;
Thence following the main channels of West Duffin Creek and
Duffin Creek to the west boundary of the Town of Ajax;
SAVE AND EXCEPT in the case of mustelidae only that portion of
the Town described as follows:
Commencing at a point in the west limit of Lot 24, Concession 2,
located northerly 2339.38 feet from the south-west angle of the
Lot;
Thence northerly in the west limit of the Lot 106.92 feet;
Thence easterly parallel to the south limit of the Lot 175 feet;
Thence southerly parallel to the west limit of the Lot 22 feet;
Thence easterly parallel to the south limit of the Lot 485 feet;
Thence southerly parallel to the west limit of the Lot 103 feet;
Thence westerly parallel to the south limit of the Lot 557.41 feet;
Thence South 81° 41' 00" West 103.94 feet to the point of com-
mencement.
Schedule A-2
Item
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Class of Animal
Anatidea
Anserinae
Arthropods of the classes Arachnid, Chilopoda and
Diplopoda
Arthropods of the class Insecta and order Coleoptera
Artiodactyl Ungulates
Columbidae, unless kept for racing or show purposes
only
Canidae, other than canis familiaris
Chiropterae
Crocodylidae
Edentates
Elephants
Felids, other than fells catus
Gallus domesticus
Hyaenidae
Mar supialia
Mustelidae
Perissodactyl Ungulates
Pinnipediae
Primata, other than man
Procyonidae
Raptors
Ratitae
Ursldae
Venomous Reptilia
Serpentes of the families Pythonldae and Boidae
Viverridae
Schedule B-1
(description of rural area of municipality)
All that portion of the Town of Picketing lying north of a line
described as follows.
Commencing at a point in the west boundary of the Town located
975 metres north of the northerly boundary of the road allowance
between Concession 1 and Broken Front Concession, Range 3;
Thence North 47° 06' 00" East to the centre line of the road
allowance between Lots 24 and 25, Concession 2;
Thence North 72° 55' 50" East to the centre line of the road
allowance between Lots 22 and 23, Concession 2;
Thence southerly along the centre line of the road allowance
between Lots 22 and 23, Concession 2, to a point opposite the
north-east corner of Lot 1, Plan M-121§;
Thence North 81° 34' 00" East to the middle of the main channel
of West Duffin Creek;
Thence following the main channels of West Duffin Creek and
Duffin Creek to the west boundary of the Town of Ajax.
Item
1.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Schedule B-2
Class of Animal
Arthropods of the classes Arachnid, Chilopoda and
Diplopoda
Arthropods of the class Insecta and order Coleoptera
Artiodactyl Ungulates, other than domestic cattle, goats,
pigs and sheep
Columbidae, unless kept for racing or show purposes
only
Canidae, other than canis familiaris
Chiropterae
Crocodylidae
Edentates
Elephants
Felids, other than fells catus
Hyaenidae
Marsupialia
Mustelidae
Perissodactyl Ungulates, other than horses
Pinnipediae
Primata, other than man
Procyonidae
Raptors
Ratitae
Ursidae
Venomous Reptilia
Serpentes of the families Pythonidae and Boidae
Viverridae
Item
1.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Schedule B-2
Class of Animal
Arthropods of the classes Arachnid,
Chilopoda and Diplopoda
Arthropods of the class Insecta
and order Coleoptera
Artiodactyl Ungulates
Columbidae, unless kept for racing
or show purposes only
Canidae, other than cants familiari$
Chirop terae
Crocodylidae
Edentates
Elephants
Felids, other than felts catus
Hyaenidae
Marsupialia
Mustelidae
Perissodacty] Ungulates
Pinnipediae
Primata, other than man
Procyonidae
Raptors
Ratitae
Ursidae
Venomous Reptilia
Serpentes of the families Pythonidae
and Boidae
Viverrldae
scorpion, spider ! centipede ! millipede
beetles
camel, deer
pigeon
wolf, jackal, fox
bat
alligator, crocodile
anteater, armadillo, sloth
elephant
leopard, lion, lynx, panther, puma
hyena
bandicoot, kangaroo, opossum,
wombat
marten, mink, polecat, weasel
horse, tapir
seal, walrus
ape, lemur, monkey
coati, raccoon
eagle, hawk, owl, vulture
cassowary, ostrich
bear
venomous snake, lizard
boa, python
civet, mongoose
Item
1.
Schedule C
Class of Animal
Birds of the family Columbidae
kept for racing or show pur-
poses only.
Common Name
racing pigeons, show pigeons
- 2 -
Schedule C
Column I
Item
1.
Column II
Class of Animal
Birds of the family Columbidae
kept for racing or show purposes
only
Column III
Maximum Number
25
Schedule C
Column I
Item
Column II
Class of Animal
Column III
Maximum Number
[reservedl
2.
3.
8.
9.
11.
13.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
The Corporation of the Town of Picketing - By-law 1769 /83
For your information, set out below are the common names of some of the
animals included in the classes of animals referred to in the Sc--~dules to
By-law /83. This list does not form part of the By-law; it is provided
for illustration purposes only and is not intended to limit the extent of the
classes of animals referred to.
Schedule A-2
Class of Animal
Anatidae
Anserinae
Arthropods of the classes Arachnid,
Chilopoda and Diplopoda
Arthropods of the class Insecta
and order Coleoptera
Artiodactyl Ungulates
Columbidae, unless kept for racing
or show purposes only
Canidae, other than cants familiaris
Chiropterae
Crocodylidae
Edentates
Elephants
Felids, other than felts catus
Callus domesticus
Hyaenidae
Marsupialia
Muste]idae
Perissodactyl Ungulates
Pinnipediae
Primata, other than man
Procyonidae
Raptors
Ratitae
Ursidae
Venomous Reptilia
Serpentes of the families Pythonidae
and Boidae
Viverridae
duck
goose
scorpion, spider/centipede/millipede
beetles
cattle, deer, goat, pig, sheep
pigeon
wolf, jackal, fox
bat
alligator, crocodile
anteater, armadillo, sloth
elephant
leopard, lion, lynx, panther, puma
chicken
hyena
bandicoot, kangaroo, opossum,
wombat
marten, mink, polecat, weasel
horse, tapir
seal, walrus
ape, lemur, monkey
coati, raccoon
eagle, hawk, owl, vulture
cassowary, ostrich
bear
venomous snake, lizard
boa, python
civet, mongoose
- 1-
1. the making of an appraisal referred to in subsection
(3), below, and
2. services rendered to the impounded animal,
and
(d)
the person demonstrates that the place at which he intends 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.
(z)
For the purposes of subsection (1) (c) (iii) , above, and section 7(b),
below, "services rendered to the impounded animal" shall include, without
limiting the generality thereof, reasonable shelter and food for the animal
so long as it is impounded.
(3)
The poundkeeper shall, at the request of any person, examine any thing,
matter or circumstances relating to the trespassing of an impounded
animal and shall appraise the damages, if any, to be paid by the owner of
the animal as a result of such trespassing.
Where, on the sixth day, exclusive of Sundays and statutory holidays, after
the day of impounding, possession of an animal has not been restored under
section 6 to a person claiming it, the poundkeeper shall sell the animal and the
proceeds of such sale shall be applied,
(a)
firstly, to any expense incurred by the poundkeeper in conducting the
sale,
(b) secondly, to any expenses incurred by the poundkeeper for services
rendered to the impounded animal,
(c)
thirdly, to any expenses incurred by the poundkeeper in the making of
an appraisal referred to in section 6(3),
(d)
fourthly, to any damages payable pursuant to an appraisal under section
6(3), and
(e) fifthly, to the Town.
GENERAL
Every person who contravenes any provision of this by-law is guilty of an
offence, and upon conviction thereof is liable to a fine of not more than
$2,000.00, exclusive of costs, recoverable under the Provincial Offences Act.
By-Law 1311 is hereby repealed.
This by-law shall come into force on January 1st, 1985.
BY-LAW read a first, second and third time and finally passed this 17th day of
September , 198 4
-3-